Long Island Car Accident Lawyer

A car accident is one of the most common causes of accidental injury and death in the U.S. In New York alone, motor vehicle traffic crashes cause over 1,000 deaths, over 10,000 hospitalizations, and well over 100,000 visits to the emergency room each year, according to the New York State Department of Health. As startling as these figures are, they do not nearly account for the total number of car accident injuries in the state, as they don’t include injuries that didn’t require hospitalization or a trip to the ER.

Car accidents can lead to severe injuries, emotional distress, physical pain and mental suffering, and financial hardship. In New York, dealing with the aftermath of a car accident can be especially complex due to the state’s combination of no-fault insurance and fault-based negligence claims, bounded by the “serious injury threshold” separating the two types of claims.

Jacobson Law excels at taking on car accident claims that involve serious injury. As experienced personal injury trial lawyers who regularly argue car accident cases in court, we put every effort into preparing every case from the beginning as if it will be going to trial. This intense level of preparation enables us to exact high-value settlements out of court in most instances and positions us for a favorable result in the fraction of cases that require securing a jury verdict for our client. Contact our Long Island car accident lawyers for more information on New York car accident claims, we have offices in Bohemia, Carle Place, and Manhattan (by appointment) for a free consultation related to your specific situation.

The Serious Injury Threshold in New York’s No-Fault Insurance System

New York operates under a no-fault insurance system, which means that your insurance company will cover your medical expenses, a portion of lost wages, and other basic economic losses after a car accident, regardless of who was at fault. However, these benefits are limited and do not cover non-economic damages such as pain and suffering. To step outside the no-fault system and file a lawsuit against the at-fault driver for additional compensation, you must meet New York’s “serious injury threshold.”

Under New York law, a “serious injury” means one or more of the following:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of use of a body function or system
• A medically determined injury or impairment of a non-permanent nature that prevents you from performing substantially all of your usual and customary daily activities for at least 90 days within the first 180 days following the accident

If your injury meets this threshold, you should be eligible to pursue a personal injury claim for damages that exceed your no-fault benefits, such as compensation for pain and suffering and additional medical costs. Doing so, however, will require you to prove the other driver’s fault and the extent of your legal damages, either to the satisfaction of the insurance company in settlement negotiations or to a jury in court. Either way, having skilled legal representation is essential to being successful on your claim and obtaining the maximum recovery you are entitled to.

Distracted Driver Accidents

Distracted driving is one of the leading causes of car accidents in New York. Distracted drivers may be texting, talking on the phone, checking social media, or otherwise not paying full attention to the road. In a lawsuit against a distracted driver, you must prove that the driver’s negligence directly caused the accident and your injuries. Evidence such as phone records, witness statements, and video footage can be crucial in establishing liability.

Drunk Driver Accidents

Accidents involving drunk drivers often result in severe injuries or fatalities, given the impaired driver’s diminished ability to react or control their vehicle to avoid a collision or lessen the severity of the impact by braking or taking evasive measures in time. In New York, driving with a blood alcohol content (BAC) of 0.08% or higher is illegal, as is driving while ability impaired by alcohol with a BAC as low as .05%.

Drunk drivers can face civil liability for damages in an accident they cause, regardless of the outcome of any criminal case against them. If you were injured in an accident caused by a drunk driver, you could file a lawsuit for damages if your injuries meet the serious injury threshold. In some cases, punitive damages may also be available in addition to compensation for medical bills, lost wages, and pain and suffering. Punitive damages are meant to punish especially reckless behavior and serve as an example to others, and they can greatly enhance your financial recovery after a crash.

Uninsured Driver Accidents

While New York law requires drivers to carry a minimum level of auto insurance, not all drivers comply. In fact, more than one in ten drivers in New York are uninsured, according to the latest estimates. If you are hurt in an accident with an uninsured driver, recovering compensation can be more complicated. However, there are still options for securing compensation:

• Uninsured Motorist Coverage: Most New York drivers carry uninsured motorist (UM) coverage as part of their mandatory auto insurance policy. This coverage can compensate you for damages caused by an uninsured driver. You can still expect your insurance company to minimize their payout or avoid liability if they can; an experienced car accident lawyer can help ensure you get the benefit of your coverage to the greatest extent possible.
• Personal Injury Lawsuit: If you meet the serious injury threshold, you can file a lawsuit against the uninsured driver. However, recovering damages from an uninsured driver can be difficult if they lack sufficient personal assets. Working with an experienced personal injury attorney can help you explore all available avenues for compensation in an uninsured driver case.

Hit and Run Accidents

Hit-and-run accidents, where the at-fault driver flees the scene, can leave victims feeling especially vulnerable. In New York, if the responsible driver cannot be identified, you may turn to your insurance policy’s uninsured motorist coverage to seek compensation for your injuries.

If the driver is eventually located, and your injuries meet the serious injury threshold, you can pursue a personal injury claim against them. If the hit-and-run driver is uninsured or underinsured, the same challenges apply as in cases involving uninsured drivers.

Seeking Compensation After a Long Island Car Accident

After a car accident in New York, victims may face steep medical bills, lost wages, and physical and emotional suffering. While no-fault insurance provides immediate benefits, it may not be sufficient for severe injuries. With the help of a skilled and experienced car accident lawyer, you may be able to pursue a personal injury lawsuit against the at-fault driver to recover additional damages.

If you’ve been injured in a car accident caused by a negligent driver in New York, contact Jacobson Law at 631-661-2030 to speak with an experienced Long Island car accident attorney at our offices on Long Island or Manhattan. Your call is free, and we don’t charge any fee unless and until we win your case. Let us fight for the full compensation you deserve.