Car Accidents

In a split second, your world may have suddenly been turned upside down, all from someone else's negligent action. If you or your loved one was in a car accident in New York City, make sure you have an experienced attorney in your corner to protect your best interests. Car accident claims are highly complicated. Often, more than one party can be held responsible for causing the collision. We will aggressively pursue maximum compensation against all negligent parties to help you secure the compensation you are entitled.

Determining the Causes of Car Accidents

Every car accident claim is fact-specific. We conduct thorough investigations to identify the causes of serious and life-threatening motor vehicle accidents.

If more than one party is responsible for causing the car accident, we will aggressively pursue maximum compensation against all negligent parties. We are committed to helping you secure the benefits you are entitled for any lost wages, pain and suffering, hospital bills, surgical expenses, rehabilitative care and any other expenses related to the accident. We want to help you obtain compensation for the expenses incurred today and long term because of someone else's negligent actions.

When Do You Need to File an Accident Report?

A car crash can be extremely distressing, leaving its victims shaken and wondering what to do next. If you have been involved in a car accident, you may already know the extent of the damage such an incident can cause. You or your loved ones may be injured, and there's also a good chance that your vehicle will be in need of repair.

All of this can be quite costly and it is natural to feel preoccupied with that. However, depending on the circumstances of the crash, you may need to file an accident report, as dictated by the New York State Vehicle and Traffic Law. This requirement applies in the following situations:

  • If someone is killed or injured in an accident, the police and all drivers involved in the crash are required to file a report with the DMV.
  • If the damage a crash caused to any one person's property comes to a value of $1,001 or more, all drivers involved in the crash must submit a report to the DMV.

If you fall under one of these categories and you do not file an accident report within the timeframe you are required to, the DMV may choose to suspend your drivers' license. Thus, it is important to ensure that you do things correctly.

What Compensation Can You Recover After A Car Crash?

Who is responsible for my medical bills? Can I afford the follow-up care and rehabilitation? What will I do about my lost wages from the days I had to take off work? How will I fix or replace my car? Should my insurance pay for all of this? What about the other driver's insurance company? How do I even go about filing a claim?

There are many other questions you may have after a car accident. However, regardless of the cause of a crash, New York's no-fault insurance law requires that your own insurance company cover your medical bills and lost wages up to $50,000.

When a careless or reckless driver, auto parts manufacturer or another wrongdoer causes an accident, you might be able to file a lawsuit to obtain compensation for:

  • Medical expenses and lost earnings in excess of $50,000
  • Damage to your vehicle and other property damage
  • Pain and suffering related to serious injuries

Under New York's comparative negligence rule, fault is assigned to each party. The damages are then reduced proportionately. For example, if you are found to be 10 percent at fault, you should be able to recover 90 percent of your medical expenses and other damages from the other at-fault party.

Common Types of Car Accidents

Distracted Driving

In order to drive safely, a driver needs to have his or her undivided attention on the road. Unfortunately, there are multiple distractions that can prevent some drivers from operating their vehicles properly. Some distractions are unavoidable, including heavy traffic and dangerous road conditions, but others are caused by the negligence of drivers, such as cellphone use and texting while driving.

When distracted driving causes accidents and serious personal injuries, the offending drivers should be held responsible for the damage their actions cause. We have the skills and legal resources to prove fault, even when liability is initially unclear.

Victims of Drunk Driving Accidents

We know how to effectively handle drunk driving accident claims with civil and criminal elements to them. Breathalyzer results and other sources of evidence can be invaluable in helping us prove fault against drunk drivers. We are committed to helping you pursue a civil personal injury claim to help you recover the compensation you are entitled.

When motorists choose to get behind the wheel after drinking, everyone on the road is put at risk, even our children. Drunk drivers, and even bars or taverns can face criminal and civil charges for their negligent actions. Our legal team develops compelling claims complete with evidence from the criminal investigation to prove fault. For example, we can incorporate field sobriety and breathalyzer results showing the driving was under the influence of alcohol during the time of the car accident. We can also meet with eyewitness to further substantiate claims that the driver was intoxicated when the accident occurred. All of our accident claims are prepared with enough evidence to prove fault in trial. Our detailed approach often prompts insurance adjusters to make full settlement offers to avoid going up against us in the courtroom.

Head-On Collisions

Head-on collisions are often the most violent types of car accidents, due to the great amounts of force that are put upon the drivers and occupants of cars, trucks and other vehicles that are hit head-on. There is a significant risk of serious injury in head-on collisions, including fatal injuries, that can leave victims and their families devastated. We understand the factors that contribute to head-on collisions and how to thoroughly investigate these kinds of cases in order to pursue the kind of compensation our clients deserve.

Head-on collisions may be caused in a number of ways, including texting while driving, cellphone use, drunk driving, speeding, careless or aggressive driving, weather conditions & dangerous roadways. Whether or not you know how the accident happened or whether the other motorist was negligent, it is still in your best interest to speak with a lawyer regarding your legal options.

Injuries to Passengers

When car accidents happen, it is not only the drivers who are at risk of injury. Passengers in cars, trucks, vans and other automobiles are also susceptible to serious injuries. For passengers who are injured in auto accidents, the question of how to recover compensation is an important one, and an experienced attorney can provide you with answers.

When auto accidents involve passengers, there may be issues that arise regarding protections in those vehicles, and about insurance coverage for injured passengers. Passengers are at greater risk for serious injuries and wrongful death, especially in rollover and T-bone accidents, which pose greater dangers to passengers than to drivers. Even if you are unsure about filing a personal injury claim or you have questions, it is worth your time to talk with one of our lawyers.

Multiple Vehicle Accidents

Any car accident case can be complicated, but when more than two cars are involved, matters can become significantly more complex. Drivers often blame each other for the harm caused, and it can be a challenge for plaintiffs to effectively prove fault.

Your lawyer may have to deal with multiple insurance companies and their lawyers, as well as witnesses, medical experts and accident reconstructionists. The lawyer you hire must know how to handle these complex matters in order to obtain the best possible results.

Many multiple vehicle accidents go beyond the average fender bender. Often, these accidents cause significant injuries, including whiplash and neck injury, spinal cord injury and paralysis, brain damage, scarring and disfigurement, burns & wrongful death. If you have been injured in an accident in which multiple vehicles were involved, it is crucial that you have a skilled car accident lawyer from our firm to assist you in addressing the matter of compensation.

Rear-End Collisions

In a rear-end collision, the consequences can range from relatively minor vehicle damage to life-altering injuries. Many of these rear-end collisions are caused by overly aggressive and distracted driving from the driver who hit the other vehicle from behind. When insurance companies try to defend these cases, they may shift the blame and try to claim that a short stop left the trailing driver no time to react. They may also try to minimize the seriousness of the damage caused in the accident.

At the law offices of Rosenbaum & Rosenbaum, P.C., we have helped may car accident victims recover fair compensation for their medical treatment, lost wages, and pain and suffering.

Rollover Accidents

Rollovers can happen for a variety of reasons, and typically involve serious injuries or wrongful death. Some vehicles, such as pickup trucks, SUVs and oversized vans, are top-heavy and are more likely to roll over than sedans or other cars. Car manufacturers are aware of the connection between a higher center of gravity and an increased propensity to roll over in an accident. Unfortunately, despite lobbying from consumer groups and others about design changes and safety features, these have not always been heeded by car manufacturers.

Some of the most common causes of rollover accidents include road defects, product liability issues such as faulty brakes or steering and negligence on the part of other drivers.

Texting While Driving

All around the country, states are beginning to enact strict laws to govern and ban the use of cellphones and texting while driving. Many studies have revealed that texting and driving not only results in a higher number of car accidents but also more serious collisions. If your life or your loved one's life was put at risk because a motorist was texting, obtain experienced legal counsel. Phone records can be used to prove fault against at-fault drivers to help accident victims secure a full financial recovery.

We know how the insurance industry works and the tactics used to try and limit your financial recovery. All of our personal injury claims are prepared with enough evidence to prove fault in trial. Insurance adjusters have learned we will not settle for anything less than a full financial recovery. Our legal team will work with you to understand what you recall just moments before the collision occurred. We can also review police reports or witness statements to understand if other motorists saw the driver texting at the time of the accident. If fault remains unclear, we can subpoena the driver's phone records to prove texting and driving led to the collision. We will also seek to determine if any other factors were an issue.

Contact Our Skilled Attorneys

If you or your loved one was in a car accident, you cannot afford to not have an experienced lawyer on your side. We have decades of experience representing clients in similar situations to yours. Call us at 212-514-5007 to learn how we can protect your rights during a free initial consultation.