Motor Vehicle Accident Lawyer

Unfortunately, motor vehicle accidents are occurring every day throughout the entire metropolitan area of the New York City and the surrounding suburbs. Drivers, passengers, pedestrians and other people on the public way continue to sustain serious injuries, and regrettably, there are those who have lost their lives due to driver negligence and carelessness. At the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we have fought and will continue to fight to protect the rights of the victims of motor vehicle accidents. We are highly experienced and trained in this area of the law in order to maximize your recovery for all the harms and losses either you or a family member has sustained. We are committed to doing everything in our power with all of our resources to make sure we achieve full justice for you and your family.

If you have been seriously injured in a motor vehicle accident, you should contact us now as the first steps you take are crucial in order to protect your rights under the law. Schedule a free consultation at one of our New York offices; call 212-668-0100 to make an appointment or contact us online to get started.

Auto accidents can occur for a wide variety of reasons. These are just some of the ways other drivers put your life and safety at risk:

• Reckless driving
• Speeding
• Tailgating
• Improper lane change
• Aggressive driving
• Failure to yield the right of way
• Cellphone use while driving
• Text messaging while driving
• Drunk driving or driving while under the influence of drugs
• Lack of sleep
• Simply not paying attention
• Eating/drinking in the vehicle, causing the inattention of the driver
• Failure to obey traffic lights and other traffic signals
• Failure to adjust driving to the prevailing weather conditions outside
• Failure to heed to specific roadway conditions, such as construction or other hazards on the roadway
• Failure to maintain vehicle properly resulting in mechanical failure

Additionally, other companies, businesses, employers or other entities may be negligent in addition to a negligent driver. This can result from improper training or hiring as well as negligent entrustment of a vehicle to a driver. This can also arise from faulty or negligent repair of a vehicle that was involved in an accident.

A motor vehicle accident can cause devastating injuries or even result in the death of a loved one. Often, injuries can be chronically disabling resulting in hospital treatment, in-patient admissions, operative procedures and surgeries, rehabilitation, therapy, lost income, lost future benefits, physical pain, emotional suffering, loss of enjoyment in activities of daily living, and permanent disability. Our law offices have been dedicated to representing New York motor vehicle accident victims for over 35 years and will commit our full experience and insight to form the most effective strategy for your case so we can obtain the full financial recovery you and your family deserve.

Other Potential Responsible Parties

Additionally, individuals, companies, businesses, employers and/or other entities other than the driver of a motor vehicle may also be negligent for actions or the failure to act including but not limited to the following:

• Failure to properly train an employee who is operating a particular vehicle
• Failure to properly maintain or repair a vehicle prior to its use on the public roadway
• Failure to properly inspect a vehicle prior to its use on the roadway
• Negligent hiring of an employee who is driving for the employer
• A motor vehicle accident can cause devastating injuries or even result in the death of a loved one
• Municipalities and governmental agencies which fail to properly design or maintain a roadway

Often, injuries can be chronically disabling resulting in hospital treatment, in-patient admissions, operative procedures and surgeries, rehabilitation, therapy, lost income, lost future benefits, physical pain, emotional suffering, and permanent life-long disability.

Rules Of The Road

The laws controlling drivers of motor vehicles involved in motor vehicle accidents will be found in the Vehicle and Traffic Law of the State of New York, and certain regulations that have been enacted by the City of New York will be found in the Department of Transportation Traffic Rules. The New York Vehicle and Traffic Law is applicable on public highways, private roads open to public motor vehicle traffic and many of the parking lots which are open to the public. These rules of the road apply to all vehicles unless otherwise provided under the law.

The statutory rules of the road are applicable and enforced throughout the state unless the express authority has been given to the local government and designated authorities, such as the City of New York to enact its own additional ordinances, rules or regulations. Therefore, the City of New York may enact local ordinances and rules relating to traffic for the purpose of regulating motorists, pedestrians, and bicyclists on the roadways or highways.

Generally speaking, under the law, it is the duty of every driver of a motor vehicle to use reasonable care, taking into account the actual and potential dangers existing from weather, road, traffic and other conditions. Each motorist is under a duty to maintain a reasonably safe rate of speed, as well as to have his or her motor vehicle under reasonable control and to keep a proper lookout under the circumstances then existing to see and be aware of what was in his or her view, and to use reasonable care to avoid an accident. Therefore, a driver is charged with the duty to see the facts and circumstances which he or she should have seen by the proper use of his or her senses, and if it is found that a motorist did not observe that, the motorist may be found negligent in failing to look or for not looking carefully.

Undoubtedly, there are so many rules, regulations and statutes that may apply to any given motor vehicle accident situation. Only a thorough and complete review of the particular accident case will determine the necessary elements of proof and all of the particular laws that apply to the situation at hand.

How Negligence Applies To A Motor Vehicle Accident In New York

Negligence involves the failure of a driver to use reasonable care under the circumstances while driving. In New York, every driver has a duty to act reasonably and follow the rules of the road. Juries who decide cases have to determine fault for an accident using 100% as the total. Even if a jury has decided that one driver was negligent and responsible for a motor vehicle accident, the jury may find that when two drivers are involved in a motor vehicle accident it’s not all the fault of one driver. The jury may decide that even though the other driver is more at fault, you also bear a percentage of fault, liability or responsibility for contributing to the accident. This is called comparative negligence.

In plain English, this means that a jury has the capability of finding a defendant driver only partially responsible for an accident, while you may bear the remaining responsibility. If a jury finds that both drivers were equally at fault, then they would report back that each party was 50% responsible. However, if a jury found that one party was more at fault, the jury would assign a higher percentage to that party and a lower percentage to the other party, with the total of the percentages equaling 100%.

Very importantly, if you are found to be partially at fault for causing an accident, then whatever amount of money you are awarded will be reduced in proportion to the percentage of liability found against you. A significant part of your case will be minimizing your role in the accident, convincing the jury that you had little to no fault in what happened.

How Are My Medical Expenses And Other Expenses Going To Be Covered Following The Accident (No-Fault Coverage)

One of the first things you do following an accident should be to seek medical care. Getting adequate, proper and complete treatment for your injuries is not only critical for your health, but it is also important to document your personal injury case.

If you have been involved in any type of motor vehicle accident in New York whether as a driver, passenger or even a pedestrian, your medical bills and a portion of your lost wages will be covered through no-fault benefits also known as Personal Injury Protection (PIP). It is not necessary for you to have private health insurance or coverage from any other source.

If you do not have a doctor or any other health care provider and you are not sure where to turn or whom to go see, we can assist you in obtaining immediate and excellent medical care and treatment in order for you to get better with a health care provider who accepts and is familiar with no-fault coverage.

Things You Should Not Do Immediately Following A Motor Vehicle Accident

• Do not permit any unsolicited lawyer or their representative, whether it be an investigator or anyone else, to approach you or your family at this vulnerable time for the purpose of having you represented by them inasmuch as solicitation in this manner is unethical and illegal (be aware of people approaching you or telephoning you for this purpose). This is known as ambulance chasing.
• Do not accept any cash offer to sign on with a particular personal injury lawyer or law firm as such conduct is also illegal and unethical.
• Do not give any insurance company a recorded or written statement until you have spoken to an attorney and you have determined how you wish to proceed. It is important to be aware of the extent of your rights and how your actions from this point on can affect those rights.
• Do not sign any release, waiver or any other document until you have spoken to our office or another attorney who concentrates in this area of the law. You may feel pressurized to sign something from an insurance company but it is your right to explore all of your options before you do anything. Just make sure that you do take appropriate action within a short period of time so that you comply with all time limitations in order to preserve any claim you may have.
• Do not accept any check from your insurance company without having obtained legal advice and carefully weighing your options.
• Do not speak to anybody about your accident or your injuries without verifying who that person is or determining who that person represents or is affiliated with in connection with the accident.
• Do not rely on legal advice from a nonlawyer who does not have the knowledge or expertise to give you an opinion based on the circumstances surrounding your situation.

What Can I Expect If I Call Your Office For Help?

You will be put into direct communication with either Mr. Perlman or Mr. Rosen, who will speak with you directly during this time of need and uncertainty. We are qualified to give you straightforward answers as we have been battling insurance companies for our entire careers on behalf of injured and disabled clients.

You will never be charged any fee or asked to pay us any money simply in order to talk to us. We don’t receive any compensation unless you are compensated for your injuries and damages. And most of all, remember, we are here to help you and will be at your side through the entire process. Call our office at 212-668-0100 or reach out online to begin discussing your options for free.