Car Accident Lawyer | Yonkers, NY

If you or a loved one was seriously injured in a car wreck, contact the Yonkers car accident lawyers at Greenspan & Greenspan today for a free consultation.

Car accidents are an unfortunate reality on New York’s roads, with a notable increase in recent years. According to a New York State Comptroller’s report, motor vehicle fatalities in the state surged by 18% between 2019 and 2022, highlighting the growing risks faced by drivers.

In Yonkers, these statistics reflect a broader statewide trend, where the bustling roads see thousands of collisions yearly. Whether it’s a rear-end collision, a deer-vehicle encounter, or another type of accident, victims often find themselves dealing with serious injuries, mounting medical bills, and other challenges.

Understanding your legal rights is crucial if you’ve been involved in an accident. A Yonkers car accident lawyer at Greenspan & Greenspan, P.C. can guide you through the complex process of filing a claim, ensuring you receive the compensation you deserve.

From negotiating with insurance companies to representing you in court, our experienced attorneys protect your rights and help you recover physically and financially.

Common Causes of Car Accidents in New York

Understanding the common causes of car accidents in New York helps you stay safe and know when you need a motor vehicle accident lawyer. Some of the leading causes include the following:

• Distracted driving. Texting, talking on the phone, or adjusting the radio are common distractions that can lead to serious accidents. Despite laws against using handheld devices, distracted driving remains a significant issue.
• Speeding. Driving above the speed limit reduces reaction time and increases the severity of crashes. Speeding is a form of negligent driving, and those injured may be entitled to compensation.
• Driving while intoxicated (DWI). Alcohol and drugs impair a driver’s ability to operate a vehicle safely. DWI is a criminal offense, and victims often seek compensation through criminal and civil courts.
• Weather conditions. Snow, ice, and heavy rain are frequent in New York, making roads slippery and reducing visibility. Drivers must adjust their driving to match weather conditions.
• Deer and wildlife collisions. Collisions with deer and other wildlife are common, particularly in rural areas. These accidents can cause significant damage and injury.
• Aggressive driving and road rage. Tailgating, frequent lane changes, and road rage incidents contribute to many accidents. Aggressive driving is considered reckless, and victims may have strong legal claims.

Consult a Yonkers motor vehicle accident lawyer to help you understand your rights and options if you’ve been involved in any of these accidents.

Proving Fault and Liability

Proving fault in a car accident is crucial to securing compensation. An auto accident attorney can assist in demonstrating the following elements:

• Duty of care—every driver is legally obligated to exercise reasonable caution while on the road;
• Breach of duty—occurs when a driver fails to meet the expected standard of care, such as by speeding, texting, or driving under the influence;
• Causation—the breach of duty must directly cause the accident and the resulting injuries; and
• Damages—the victim must have suffered actual harm, such as medical expenses, lost wages, or pain and suffering.

To prove these elements, an attorney may gather and present evidence such as police reports, witness statements, video footage, and expert testimony. Medical records and vocational assessments are also critical in showing the extent of the injuries and their impact on the victim’s life.

An experienced Yonkers motor vehicle accident lawyer can navigate this complex process, ensuring that all necessary evidence is collected to build a strong case.

 

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Comparative Negligence in New York: Can You Still Recover Compensation?

New York follows a pure comparative negligence rule (NY CPLR § 1411), which allows car accident victims to recover damages even if they were partially at fault.

1. How Comparative Negligence Affects Your Compensation

• If you are found 30% at fault, your total compensation will be reduced by 30%.
• Example: If your damages amount to $100,000, you would still receive $70,000 after the reduction.

2. Insurance Companies May Try to Shift Blame

• Insurers often use comparative negligence to reduce payouts. They may argue you were speeding, distracted, or partially responsible for the crash.
• Our Yonkers car accident lawyers fight back, using evidence like accident reports, surveillance footage, and expert testimony to challenge unfair fault claims.

How No-Fault Insurance Works in New York

New York follows a no-fault insurance system, meaning your own insurance covers certain accident-related costs regardless of who caused the crash.

1. What Does No-Fault Insurance Cover?

All drivers in New York are required to carry at least $50,000 in Personal Injury Protection (PIP) coverage, which pays for:

• Medical bills (hospital stays, surgeries, rehabilitation)
• Lost wages
• Essential services (home care, transportation for medical visits)

2. When Can You File a Lawsuit Outside the No-Fault System?

While no-fault insurance covers basic expenses, seriously injured victims can step outside the no-fault system and sue for additional compensation. New York law defines a serious injury as:

• Bone fractures
• Permanent loss of a body function
• Significant disfigurement
• Injuries that cause 90+ days of disability

If you meet these criteria, you can pursue a personal injury lawsuit for pain and suffering, emotional distress, and other damages. Our attorneys evaluate whether your case qualifies for a lawsuit and fight to maximize your compensation.

Understanding the Statute of Limitations for Car Accident Claims in New York

If you’ve been injured in a car accident in Yonkers, acting quickly is essential to protect your right to compensation. New York law imposes strict deadlines for filing personal injury claims, known as the statute of limitations.

1. Standard Filing Deadlines

• Personal Injury Claims: You have three years from the date of the accident to file a lawsuit against the at-fault driver (NY CPLR § 214).
• Wrongful Death Cases: If a loved one tragically passes away due to a car accident, the victim’s family has two years from the date of death to file a wrongful death claim.
• Property Damage Claims: You have three years to seek reimbursement for vehicle or property repairs.

2. Special Circumstances That May Affect the Deadline

• Claims Against Government Entities: If your accident involved a government vehicle (e.g., police car, public bus), you must file a Notice of Claim within 90 days and a lawsuit within one year and 90 days (NY GML § 50-e).
• Minors & Incapacitated Victims: The deadline may be extended if the injured party is under 18 or legally incapacitated at the time of the accident.

⏳ Missing the statute of limitations means losing your right to sue. Our experienced Yonkers car accident lawyers ensure all deadlines are met.

Types of Compensation Available

In New York, victims of car accidents may receive various types of compensation, which can be critical in helping them recover from the financial and emotional impacts of their injuries. An experienced auto accident attorney can help you pursue these damages under New York law.

Economic Damages

These are quantifiable financial losses resulting from the accident. They include medical expenses such as hospital bills, surgeries, and rehabilitation costs. Lost wages due to time off work and any loss of earning capacity are also considered economic damages.

These damages are straightforward to calculate as they are based on actual expenses and income lost.

Non-Economic Damages

These damages compensate for more subjective losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. Unlike economic damages, non-economic damages do not have a clear monetary value and are more challenging to quantify.

Calculation Methods

New York calculates noneconomic damages using the multiplier or per diem methods. The multiplier method involves multiplying the total economic damages by a number, typically between 1.5 and 5, depending on the severity of the injuries.

The per diem method assigns a daily rate to the victim’s suffering, multiplied by the number of days the victim is affected.

Key Considerations After an Accident

After a car accident, taking the proper steps can significantly impact your ability to recover compensation. 

Do’s and Don’ts

First and foremost, it is crucial to contact the police and seek medical care immediately, even if you don’t feel seriously injured. A police report and medical records are essential pieces of evidence supporting any legal claim you may pursue.

One important consideration is to avoid speaking to insurance companies without consulting an auto accident attorney. Insurance adjusters may attempt to minimize your compensation or use your statements against you, so having legal guidance is vital.

Prepare for Legal Action

Preparation for legal action is another critical step. Gathering as much personal evidence as possible, such as photos of the accident scene, contact information for witnesses, and relevant documents, will strengthen your case.

Moving quickly with legal proceedings is essential, as delays can negatively affect your chances of success. An experienced attorney can guide you through this process, ensuring the preservation of all necessary evidence.

Maintain a Low Online Profile

Additionally, maintaining a low online profile during legal proceedings is advisable. Insurance companies and opposing counsel may monitor your social media activity, and anything you post could be used to undermine your claim.

It’s often best to refrain from posting about the accident or your injuries until the resolution of your case. 

By following these steps and working with an accident lawyer, you can protect your rights and improve your chances of securing the compensation you deserve.

Why Hire a Yonkers Car Accident Lawyer?

Dealing with the aftermath of a car accident can be overwhelming, especially when navigating the complexities of insurance claims. Insurance companies often prioritize their bottom line, meaning they may attempt to minimize your compensation or deny your claim.

This is where the expertise of a Yonkers car accident attorney becomes invaluable. A skilled lawyer understands insurance company’s tactics and can strategically counter them to ensure you receive the full compensation you deserve.

The legal system can also be intimidating, particularly if you’re recovering from injuries. Having an attorney represent you in court increases your chances of success and relieves you of the burden of managing legal proceedings on your own. An experienced lawyer knows how to present your case effectively, ensuring the protection of your rights at every step.

They can also help gather and present evidence. Building a strong case requires more than just telling your side of the story.

An attorney will collect and organize essential evidence, such as police reports, witness statements, medical records, and expert testimony, to build a compelling case on your behalf. This comprehensive approach significantly strengthens your claim and improves your chances of a favorable outcome.

At Greenspan & Greenspan, P.C., our team of experienced personal injury lawyers has successfully represented countless clients in Yonkers and throughout New York. If you’ve experienced a car accident injury, contact Greenspan & Greenspan, P.C. today.

Yonkers Car Accident FAQs

1. What should I do immediately after a car accident in Yonkers, NY?

After a car accident, prioritize your safety and health by seeking medical attention right away. Call the police to file a report, as this will serve as crucial evidence for your claim. If possible, document the accident scene, take photos, collect witness contact information, and exchange details with the other driver. Contact a Yonkers car accident lawyer to discuss your legal options before speaking to insurance companies.

2. How can a Yonkers car accident lawyer help me after an accident?

A car accident lawyer can assist you in many ways, including:

• Navigating the complexities of New York’s car accident laws.
• Investigating the accident and collecting evidence, such as police reports and witness statements.
• Negotiating with insurance companies to secure a fair settlement.
• Representing you in court if necessary to protect your rights and maximize your compensation.

3. What types of compensation can I recover after a car accident in New York?

You may be entitled to:

• Economic damages: Medical expenses, lost wages, and property damage.
• Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
  An experienced attorney can calculate the full extent of your losses and fight for fair compensation.

4. What are the common causes of car accidents in New York?

Some leading causes include:

• Distracted driving, such as texting or adjusting the radio.
• Speeding or aggressive driving.
• Driving under the influence of alcohol or drugs.
• Adverse weather conditions, including snow, ice, or heavy rain.
• Wildlife collisions, such as with deer.

If any of these factors contributed to your accident, consult a lawyer to explore your options for pursuing a claim.

5. Why should I avoid speaking to insurance companies before consulting a Yonkers accident lawyer?

Insurance adjusters may try to minimize your claim or use your statements against you. A car accident lawyer can communicate with insurance companies on your behalf, ensuring that your rights are protected and that you receive the compensation you deserve.