Auto accidents in New York: Knowing the laws

Traffic accidents are rather common on the roads of New York. Fatal collisions, crashes, and accidents, are reported every year in the state. If you ever get injured in such an accident that happened because of someone’s fault, you should know the state personal injury laws, and your options to claim compensation. New York is a no-fault state. You have to file an insurance claim with your own insurer, to claim damages. There are circumstances when you can file a personal injury lawsuit against the party at fault. For your own good, consider consulting a good attorney, or a law firm like King Law, to know your rights. In this post, we are sharing more on car accident laws in NY. 

Immediate after an accident 

Right after an accident, pull over and call 911. Check if anyone needs medical attention, and don’t forget to wait for the police to arrive. Leave the scene, only when you are asked by a police officer. At the accident site, you should consider taking details of other cars, drivers, and witnesses. Take as many photographs of the accident scene as you can, and do take evidence of your injuries. You need to seek medical help, even when you don’t seem have sustained serious injuries. 

NY’s “pure comparative fault” rule

New York is one of the few states that follow the “pure comparative fault” rule. This means that if you were injured in an accident but also have part role in causing the accident, you can still file for compensation for your damages. However, your share of fault will determine the eventual settlement. For instance, if you are granted $10,000 in compensation and have 10% share of fault, you will only get $9,000. In practice, insurance companies often try to blame other parties for the accident, and proving fault could be a real matter of concern. 

Statute of limitations

The statute of limitations in NY only allows three years to file personal injury lawsuits, counting from the date of the accident. If the accident resulted in some’s death, the family can file a wrongful death lawsuit within two years. However, the count starts from the date of the death, and not the accident date. 

You have to consider hiring a personal injury attorney for your case, so that you get a settlement that you deserve. Do not assume that the offer made by the claims adjuster is the best you can get. 

 

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