Car Accidents

Car accidents remain the leading cause of accidental death in the U.S. The Centers for Disease Control and Prevention (CDC) estimates that three million people are injured each year and more than 90 people are killed each day in car accidents. In 2017, there were 999 traffic fatalities in the state of New York and 624 in New Jersey. These injuries and fatalities were the result of over 270,000 car crashes in New Jersey.

In New York, the state averages 316 car crash deaths every year affecting an average of 1.6 out of every 100,000 New Yorkers. Car crashes occur on busy surface streets and highways, and involve trucks, cars, and motorcycles alike. Injured motorists deserve vigorous representation that will help them protect their rights, obtain compensation, and hold the responsible parties accountable.

What are the Common Causes of Car Accidents?

Although some car accidents may occur due to unavoidable circumstances, almost all are attributable to human error. Drivers must be aware of how car accidents occur to actively avoid them. Some of the most common causes of car accidents include the following:

Auto defects: Car manufacturers may make a mistake when designing or manufacturing vehicles. These auto defects can lead to fatal accidents, and the defects could happen anywhere on the car. Some defects will make the car much more dangerous during a crash, and drivers will not know until it is too late. If a car has an open recall, repair it as soon as possible. New and old alike vehicles could experience the following issues:

• A brake failure or line leak
• An accelerator failure that might force the car to speed out of control
• An engine fire that could start because of faulty construction
• An oil or gasoline fire that starts after a crash
• A fuel line defect that could cause a fire while the car is in motion
• A tire failure that could cause a crash, and the bits of tire thrown from the car could cause other accidents
• Seat belts that do not hold passengers in their seats
• Airbags that do not deploy during an accident
• Airbags that deploy outside of an accident
• Seat backs on cars that fail to hold up passengers and make the impact of a crash worse
• Crumple zones that are not stabilized properly
• Roofs that collapse during a rollover crash

If drivers are injured in an accident that was caused by a defect, they have legal recourse against the manufacturer of the vehicle or the company that made the part. If the vehicle malfunctioned during the crash, those injuries are also compensable.

Distracted driving: More than 1,000 people are injured and nine are killed each day in distracted driving accidents, according to the CDC. Texting, talking on the phone, and operating navigation technology are common causes of distraction. Distracted drivers might also carry on conversations with people inside and outside the car that will take their eyes off the road. If the conversation is important or if the driver needs navigation instructions, they should pull over to enter the appropriate address. If someone else in the car can help, they should help.

One overlooked factor in distracted driving is rubbernecking. Rubbernecking is the act of slowing down to look at an accident or distraction on the side of the road. This problem can be prevented if police departments place barriers around accidents to prevent rubbernecking. Drivers naturally hit their brakes or slow down rapidly when they see emergency vehicles. Although it is advised to slow down, it is extremely dangerous to make an emergency stop in the middle of the road. Allow the car to move slowly around the accident scene and do not try to look at what is happening.

Drowsy driving: The National Highway Traffic Safety Administration (NHTSA) estimates that drowsy driving causes up to 100,000 car accidents a year. Drowsy driving is especially prevalent in the commercial truck industry. For example, 10 percent of truck drivers stated that they felt they were under pressure to complete their routes. This could lead truck drivers to drive drowsy. Drivers are advised to pull over when they are too tired to drive and feel they might fall asleep. Drinking coffee, taking caffeine pills, or turning on the heater may not be enough to stay awake behind the wheel.

Drugs/alcohol: Drugged or drunk driving accidents claim more than 10,000 lives per year, according to the NHTSA. The administration also reports that approximately one-third of all traffic crash fatalities in the U.S. involve drunk drivers. Common prescription medications that could make driving difficult include allergy medications, anti-depressants, sleeping pills, hydrocodone, Valium, and even muscle relaxers. Drivers who do not feel well when they get behind the wheel should use a ride-sharing company to get home. Their vehicles can be picked up at another time. Additionally, pedestrians who walk home while intoxicated should be escorted by a friend.

Speeding: According to the NHTSA, 9,717 people were killed in speeding accidents in 2017 alone. Traveling at a high rate of speed or engaging in other aggressive driving behaviors often leads to severe injuries and fatalities.

Unsafe road conditions: Roads that are not properly maintained may cause car accidents. Victims may be able to hold the responsible government agency liable if it knew about the poor road condition and failed to remedy it within a reasonable amount of time. Unsafe road conditions include the following:

• Road surface issues
• Construction zones where lanes narrow, shift, or are eliminated
• Icy or slick road surfaces
• High winds and heavy rain
• Fog
• Hot pavement

What are the Different Types of Car Accidents?

Car accident victims may suffer various injuries and losses depending on the type of car crash in which they were involved. Common types of cases include the following:

Head-on collisions: These accidents occur most often when drivers do not know where they are or entered a highway going the wrong way. Some drivers cannot see the lines on the road during inclement weather, and there are times when drivers do not see one-way signs as they make turns.

Hit-and-run accidents: These types of accidents are illegal, and it is wise to gather information from the accident scene that will identify the responsible driver and note which car they were driving. Hit-and-run accident victims will have a claim for damages against the driver’s insurance, and that driver will be cited by the police.

Multi-vehicle accidents: Liability issues caused by these accidents can spread across several insurance policies. The driver who causes the accident could be in the front of a long line of cars, in the middle, or in the back. These collisions become even more complex when a driver is struck by another car due to a chain reaction. This driver will have a claim against more than one insurance policy.

Rear-end collisions: These accidents are caused by careless driving or emergency stops in traffic. Drivers should not cut off large truck drivers, be aware of motorcycles on the road, and look for bicyclists who might be on the side of the road. Rear-end collisions can be lethal for anyone who is involved.

How Do I Recover Compensation for My Car Accident Injuries?

When an accident occurs, drivers should seek medical attention as soon as possible. Injuries vary widely, and drivers should be compensated as much as possible for those injuries. Generally, a plaintiff must prove that they suffered damages as a result of the defendant’s negligence. Because the burden of proof is heavy, we work with clients, medical experts, and even accident experts to prove that our clients are not responsible for the accidents that caused their injuries. Available compensation includes the following:

Disability: Drivers who are disabled after a crash may need to file a long-term disability claim and recover expenses, including legal representation.

Disfigurement: Disfigurement may include amputations, facial disfigurement, and loss of motor skills.

Loss of consortium/enjoyment of life: Drivers who can no longer maintain the lifestyle they were accustomed to before the accident may request compensation for their loss.

Loss of earning capacity: Lost earnings occur when drivers cannot continue to work in the way that they once did. Lost earnings are typically calculated based on the projected income of the driver had they not been in the accident.

Lost wages: Drivers who miss work may be paid for the time they missed.

Medical expenses: Medical expenses and future medical care may be included in a lawsuit to help the injured parties recover. Drivers should work with their doctors to determine how much their future care will cost, along with their current medical expenses.

Pain and suffering: Pain and suffering is used as a catch-all to show how the driver’s life has been impacted by the crash.

Punitive damages: Punitive damages are allowed by the state to punish the person who caused the accident. Punitive damages function as a deterrent and can be awarded by the judge or jury at trial.

Those who are found to be at-fault for car accidents may be held liable in personal injury lawsuits. However, the laws on this vary by state; therefore, it is advisable for car accident victims to contact a qualified attorney to discuss their case. New York and New Jersey follow the comparative negligence rule, which reduces the amount of settlement drivers receive if they are partly to blame for an accident. This means that the level of blame is factored into a reward. For example, if a driver is involved in an accident that caused $100,000 in total compensable damages, that driver’s reward will only be $70,000 if they are found to be 30 percent responsible for the crash.

Why are Medical Expenses Covered?

Medical expenses are covered because drivers did not bring these injuries onto themselves. Although medical expenses may be covered by the insurance company, it is possible that the insurance carrier will not want to pay. The insurance company might claim that the victim’s injuries were not sustained in the accident, and medical expenses could extend past the initial hospital visit. Tapping out a victim’s deductible every year makes it difficult for them to pay for medical care, and even a small damage settlement can pay that deductible for many years going forward.

Some victims need a lifetime of care after an auto accident, and it can be very difficult to know how they will pay for treatment. Medical expenses can be calculated for the ER visit, for current treatment, and for all future treatment. We consult with doctors and medical professionals to show why these injuries are such a burden on the victim, and we use hard facts to show the exact value of any needed medical treatment.

What Should I Do After a Car Accident?

Drivers who are in a car accident should seek medical attention for their injuries immediately. If possible, write down details about the accident and take pictures of the scene. Gather pertinent information, such as the name, license plate number, and auto insurance details of the other driver, as well as names and contact information of any witnesses. Be wary of making any recorded statements or signing any agreements before contacting an attorney.

Is There Anything I Should Not Do After an Accident?

Drivers should not put themselves in a bad situation after an accident. An accident is a traumatic experience for everyone, but it can become worse when drivers make the wrong decisions at the accident scene. Victims of car accidents must try to make wise choices, including the following:

• Accept any medical care offered. Go to the hospital so that all injuries can be treated and documented by a doctor. Some injuries are impossible to see, and they could cause serious trauma in the future if they are not caught at an early stage. Injuries must also be documented for insurance purposes.
• Do not apologize to anyone at the accident scene. A police officer on the scene will assume an apology admits fault. Other people at the scene will assume that the person apologizing caused the accident, and the insurance companies involved might say the same thing.
• Do not give a recorded statement to the insurance company. The insurance company is trying to make money, and they will do anything they can to twist an injured driver’s words and make it seem like they caused the accident.
• Do not try to coerce anyone into giving a witness statement. Some people are not comfortable being involved and trying to force them to do so looks suspicious.
• Do not call the insurance company to complain. Anything said on a recorded line could be used to nullify a claim.
• Do not accept letters or phone calls about any early settlement. These lawyers, insurance companies, and third-party advocates will try to close the case for as little money as possible.

Are Motorcycle Accidents Different?

Motorcycle accidents are different from traditional car accidents. A car could be two or three times heavier than a motorcycle, and the motorcyclist does not have the same protection as motorists when involved in an accident. In 2017, over 5,300 people died in motorcycle crashes. These crashes have been ascribed to a few basic circumstances or crash types by the Insurance Information Institute, including the following:

• Not wearing a helmet
• Occupant fatalities

According to research, 37 out of every 100 people killed in motorcycle crashes could have been saved if they were wearing a helmet.

How are Bicycle Accidents Litigated?

In 2018, 854 bicyclists were killed in crashes with motor vehicles, and bicycle deaths tend to spike during nice weather. Research shows that urban and rural bicyclists are at equal risk because there is little room on the road for them to ride. Motorists should look out for bicyclists who are sharing the road. Even if bicyclists are given their own lane, motorists might cut across these lanes recklessly without seeing the bicyclist. The Insurance Institute for Highway Safety (IIHS) also notes that most injuries sustained in bicycle accidents are to the head.

How Do Truck Accidents Differ from Car Accidents?

It has been reported that 72 percent of people killed in large truck accidents were passengers in other vehicles. This singular statistic highlights how powerful a large truck can be on the road. Only 18 percent of all large truck fatalities were passengers or drivers of the truck. In addition, 78 percent of all truck accidents occur on a weekday because that is when most truck drivers are expected to make their deliveries. Drivers of large trucks should do the following:

• Slow down
• Inspect their vehicles properly every morning
• Signal when changing lanes
• Stop at weigh stations
• Ensure that all loads have been arranged properly
• Pull over in inclement weather
• Continue learning about truck driving, maintenance, and repair

In like manner, trucking companies are responsible for the vehicles they manage. Logistics companies can be held liable for damages after an accident in the following circumstances:

• The company neglected to maintain its vehicles properly
• The company has not trained its drivers properly
• The company does not repair damaged vehicles
• The company does not use quality parts during these repairs
• The company does not expect drivers to take breaks according to federal guidelines
• The company forces drivers to drive longer than seems reasonable

Are Wrongful Death Claims Allowed After Car Accidents?

Those filing a wrongful death claim after a loved one has passed in a car accident has two years from the date of the accident or that person’s subsequent death. A representative of that person’s estate is the one who will file the suit on behalf of immediate family members who may have depended on the deceased. The lawsuit must pinpoint who depended on the deceased so that certain awards may be calculated properly. Working with an attorney ensures that the suit is framed properly and considers the spouse, children, parents, and grandparents who were most affected by the loss.

Why Should I Hire a Personal Injury Attorney?

No one should try to represent themselves in court. Injured drivers and grieving family members do not have the time or the emotional energy to deal with these challenges. When hiring a personal injury attorney, the case can be handed over to a professional who knows how to litigate the situation. Negotiations can begin for a settlement, the lawyer will complete a full investigation of the case, and the suit could be taken to trial, if needed.

Personal injury attorneys can also assist disabled clients who need to receive benefits after an accident has left them out of work and badly injured. A lawyer can handle all communication with other attorneys and representatives involved, and the attorney knows how to calculate the damages that should be due. Allow an attorney to determine the total cost of medical care, property damage, disability, pain and suffering, and lost income. Drivers can also read through our car accident FAQs for more information.

Brooklyn Car Accident Lawyers at Eaton & Torrenzano Assist Victims Injured in All Types of Car Accidents

If you were injured or you lost a loved one in a car accident, speak to the Brooklyn car accident lawyers at Eaton & Torrenzano as soon as possible. The accident must be investigated, and the family deserves to be compensated appropriately. Call us at 718-332-7766 or contact us online for a free consultation. With offices located in Brooklyn and Staten Island, New York, as well as Hillsborough, New Jersey, we work with accident victims throughout Brooklyn, Queens, Staten Island, the Bronx, Manhattan, Kings County, and Richmond County.