You Should Not Suffer Financially If A Car Accident Is Someone Else’s Fault
If a bus, truck or car accident injures you or a loved one, you can recover medical expenses, lost wages and other losses.
It is essential to have qualified legal advice before signing an insurance release or making a statement to an insurance company representative. At Lozner & Mastropietro in Brooklyn, New York, our firm has represented clients in motor vehicle accident cases since 1996. We bring the skill and experience to help you secure maximum compensation.
Recover Compensation For Serious Injury Accidents
At Lozner & Mastropietro, our legal team guides and assists you in recovering compensation after various motor vehicle accidents, including those involving:
- Distracted driving
- Reckless driving
- Speeding
- Tailgating
- Drunk drivers
- Car pileups
- Sideswipes, T-bones
- Drivers running red lights and stop signs
- Merging accidents on highways
- Hit-and-run incidences
In New York, you have a limited time to initiate the claims process for compensation. Contact a knowledgeable personal injury lawyer as soon as possible to ensure a smoother and more effective resolution.
To discuss your car accident claim with one of our lawyers, contact us to schedule a complimentary consultation.
What Is The Statute Of Limitations For Vehicle Accident Claims?
In New York City, you have three years from the accident date to file a personal injury claim for a vehicular accident. Do not wait until the deadline approaches to start the claims process. This matters especially if you sustain any injury, even one that initially seems minor. Some injuries, initially insignificant, develop into severe conditions over time. Even after a trusted health care provider’s initial examination, long-term complications may not appear immediately.
If the accident significantly impacts your quality of life in the months following, you can still pursue a claim within the three-year limitation period. Waiting too long complicates gathering evidence, locating witnesses, and building a strong compensation case.
What Are New York’s Mandatory Seat Belt Requirements?
As of November 1, 2020, New York City law mandates that all vehicle occupants wear seat belts, regardless of seating position. This law requires seat belt use for all passengers, including those in the back seat, regardless of age. The law enforces strict child safety rules:
- Secure children under four years of age in federally approved child safety seats.
- Use an appropriate child restraint system for children under eight based on size and weight.
- Ensure children ages 8 through 15 use either a child restraint system or a vehicle seat belt.
- Confirm all child safety seats meet Federal Motor Vehicle Safety Standard 213 requirements.
Violations of these seat belt laws incur specific penalties. For adult seat belt violations, fines reach up to $50. For violations involving a person under 16, the driver faces a maximum fine of $100 and three points on their driver’s license upon conviction. Multiple violations increase fines and add more points.
Whiplash: A Common Injury From Car Accidents
Whiplash is a common injury from car crashes. It occurs when the neck is suddenly and forcefully moved backwards and forward, causing strain or sprain in the neck’s muscles, ligaments and tendons.
Causes Of Whiplash
Whiplash typically results from rear-end collisions but can also stem from other crashes. In these incidents, the head and neck undergo sudden, jolting movements. The abrupt motion stretches the neck’s soft tissues beyond their normal range, causing injury.
Early Symptoms
Whiplash symptoms usually emerge within hours or days after the accident and include:
- Discomfort and tightness in the neck
- Headaches often start at the base of the skull
- Dizziness or blurred vision
- Fatigue
- Shoulder or upper back pain
Because these symptoms may start subtly, some individuals fail to recognize the injury’s severity immediately.
Potential Complications If Untreated
If a medical professional does not diagnose and treat whiplash correctly, it can cause chronic pain and long-term complications, such as:
- Persistent neck pain and stiffness
- Reduced range of motion in the neck
- Cognitive difficulties, like memory problems or trouble concentrating
- Sleep disturbances
- Psychological effects, including depression or anxiety
Early medical evaluation and treatment prevent these complications and promote recovery. If you experience any of these symptoms after a car accident, seek prompt medical care to protect your health and document your injury for potential legal claims.
(Source: Cleveland Clinic – Whiplash)
Guiding Clients Through The Post-Accident Process
One of our clients’ first questions is, “What should I do if I’ve been in a car accident?”
Your First Priority After A Car Accident Is To Seek Medical Attention.
If a motor vehicle crash injures you, immediately obtain medical attention, even if injuries seem minor. What appears as “minor” neck pain could indicate a spinal cord injury that, if untreated, leads to partial paralysis.
Prompt medical attention also documents your medical condition and injury extent thoroughly. This documentation proves invaluable if you pursue a personal injury claim.
Your Next Step Is To File A Claim For Insurance Benefits To Recover For Your Injuries.
Navigating New York’s complex insurance laws and regulations, especially those involving No-Fault benefits, can prove challenging during this stressful time. File a claim for No-Fault benefits WITHIN 30 DAYS of the accident to avoid reduced or lost benefits. Our attorneys at Lozner & Mastropietro will guide you through this intricate insurance process.
You Must Determine If Your Crash Was The Result Of Another’s Negligence.
If someone else’s negligence causes serious injuries in a motor vehicle crash or results in a loved one’s death, you may qualify for a personal injury or wrongful death claim. In New York State, you can recover for injuries even if you were partially at fault.
Our lawyers pursue legal action to recover compensation for financial losses like medical bills and lost wages not covered by No-Fault, Uninsured Motorist, or Underinsured Motorist coverage; pain and suffering; projected life-care costs; and possibly more.
How Do I Handle A Hit-And-Run Accident?
New York mandates that drivers carry Uninsured Motorist (UM) and Supplementary Uninsured/Underinsured Motorist (SUM) coverage in their auto insurance policies. This coverage protects drivers and passengers in accidents with uninsured or underinsured drivers, including hit-and-run incidents where the at-fault driver remains unidentified. UM/SUM coverage compensates for medical expenses, lost wages and other injury costs in a hit-and-run accident. Learn more about the state’s mandatory insurance on our uninsured/underinsured accident page.
If a hit-and-run injures you or a loved one, contact a personal injury lawyer for assistance. While your insurance supports you, our legal team at Lozner & Mastropietro clarifies your rights and the process for pursuing justice if identifying the at-fault driver becomes possible. If your insurance company resists fulfilling your claim, our lawyers advocate to ensure you receive the compensation you deserve.
Put Our Experience In Your Corner
In New York State, you must prove two main issues to a judge or jury in any car or motor vehicle accident claim:
- Liability – Demonstrate that the negligent party bore at least partial fault for the accident.
- Injury or Damages – Show the full injury or claim value. This may require expert analysis and medical testimony to confirm the severity of the injuries and the extent of financial and emotional losses.
At Lozner & Mastropietro, our Brooklyn trial attorneys leverage resources and experience to ensure clients recover full compensation for injuries from car or other motor vehicle accidents. We dedicate ourselves to helping victims recover full compensation for their injuries. If an automobile or motor vehicle accident injures you or a loved one, or you need more information, call us at 917-920-9431 or use our online contact form to schedule a free consultation.
Frequently Asked Questions On Motor Vehicle Accidents
What should I do if I am in an accident?
Report all accidents, even minor ones, to the police. Record witnesses’ names, addresses, and phone numbers for later use, and ensure the police officer provides a copy of the driver exchange information form. Contact your insurance agent and company for further instructions. Failing to report the accident may lead the insurance company to deny claims filed later. Consult an attorney before calling your insurance company if you have questions about your legal rights.
If the accident is not my fault, do I have to tell my insurance company about it, and will they raise my premiums if I do?
Notify your insurance company, but they should not increase your premium if you did not cause the accident. New York operates as a No-Fault automobile accident state. Your insurance company must cover your medical expenses up to a certain amount, depending on the policy.
Have I sustained a “serious injury” under New York State Law?
Determining this and answering other questions often proves complex and requires an attorney to negotiate with an insurance company or court to demonstrate that injuries qualify as “serious.” Because the legislature left this term ambiguous, courts define it through rulings. To assess what constitutes a “serious injury,” attorneys and insurance companies review medical records, often with expert witnesses who are medical doctors. Your attorney typically submits an affidavit from a doctor or presents medical records to prove you sustained a “serious injury.”
Are there circumstances under which I might not be able to pursue a personal injury claim in court?
Yes. You may not seek compensation under New York State law, section 5103, if any of the following apply:
- You intentionally caused your own injury.
- You operated a motor vehicle while intoxicated or impaired by a drug under section 1192 of the Vehicle and Traffic Law.
- You sustained injuries while: a) committing a felony or avoiding lawful apprehension or arrest by a law enforcement officer, b) operating a motor vehicle in a race or speed test, c) operating or occupying a known stolen motor vehicle, or d) repairing, servicing, or maintaining a motor vehicle during business operations, with the injury occurring on the business premises.
- Your injury does not meet New York State law requirements.
