New York Failure to Yield Car Accidents Lawyer
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Should I Get A personal injury Lawyer if i get in a car accident
Failure to Yield Accidents
If you have been involved in a New York area car accident due to a driver’s failure to yield, and are concerned about your mounting expenses, Gabriel Legal Injury Lawyers can assist you.
The law provides various avenues to pursue financial compensation for the costs and damages resulting from a collision. Contact our offices today at (212)463-8888 for a complimentary consultation.
Failure to yield accidents can occur in various locations, including:
- Busy traffic lights.
- Freeways, onramps or offramps.
- Passing lanes.
- Highway lanes.
- Stop sign crossroads.
- Unmarked T-intersections.
- Odd-angled intersections.
Under New York State law, drivers have a duty of care towards other vehicles on the road. If you or your attorney can demonstrate that a driver violated Sections 1110(a) and 1111 of the New York Vehicle and Traffic Law (VTL), you may have a viable legal strategy.
There are various reasons why drivers fail to yield in traffic, including:
- Distracted driving (e.g., cell phone use or eating).
- Fatigue while driving.
- Driving under the influence.
- Mechanical failures.
- Driving with impairments.
Encountering drivers with these behaviors is not uncommon on New York roads. In instances where bodily injury or collisions occur, many people seek the assistance of a New York car accident lawyer.
At Gabriel Legal Injury Lawyers, we represent individuals who have been involved in accidents caused by drivers failing to yield in the New York area. If you have further questions or would like an informative phone call tailored to your case, contact our office as soon as possible at (212)463-8888.
New York Car Accidents Practice Areas
Dealing with the Consequences of a Failure To Yield Accident
In the aftermath of a failure to yield accident, seeking immediate medical attention is crucial. Skipping or delaying this step can jeopardize your chances of receiving compensation for your injuries. Defense attorneys tend to argue that if you were well enough to avoid a doctor’s visit, then you were not truly injured. Furthermore, they might contend that your injuries arose after the accident during a lapse of time between the accident and the first treatment date. It is imperative to visit a doctor as soon as possible. When visiting the doctor, it’s important to provide a comprehensive account of your condition. Even if you don’t experience immediate physical problems, it’s essential to mention any mental health symptoms you may be experiencing, such as personality changes, altered thought patterns, drowsiness, fatigue, or mood swings. These attributes could be indicative of a traumatic brain injury (TBI) or concussion. By consulting a doctor, you can receive the treatment you need and obtain a clear prognosis thereby enabling your legal team to calculate appropriate damages and navigate the legal system accordingly. Here are some common injuries that can result from a failure to yield accident:
- Concussion.
- Spine problems.
- Whiplash.
- Cuts or abrasions.
- Sprains or bone fractures.
- Tears. It’s important to recognize that serious health issues can remain latent or hidden after a traffic collision. It is best to rely on medical professionals to diagnose and address these potential problems.
When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:
01
Financial Losses
02
Personal Losses
03
Punitive Damages
Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.
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Verifying the Accuracy of Your Police Report
In certain citations, the police may not physically attend the accident scene, which is understandable considering their heavy workload. In such cases, it is crucial to file a report with the nearest Police Department, indicating that you may have sustained injuries in a motor vehicle accident. Nevertheless, it is still necessary to call the police at your earliest opportunity and inform them of the accident.
The responding Police Officer at the scene will determine how the incident is recorded and record all relevant information from the parties involved. While the report reflects the officer’s assessment, it can significantly impact the settlement process.
It is essential to verify the accuracy of information in your police report early on. Factual errors or oversights in this document can lead to significant complications later on. If you feel anxious or nervous about working with the police or addressing errors in the report, it may be time to contact a New York car accident lawyer. They can work with local law enforcement to ensure the information they have on record about your accident is accurate.
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Steps and Timelines Following a Failure To Yield Accident
Taking prompt action after a failure to yield type accident is crucial for both you and your attorney. Filing a claim and sending a demand letter to the responsible insurance agency or party should be done as soon as possible so all parties can respond to the situation.
If your injuries were caused by another driver’s failure to yield, you have a maximum of three years to file a lawsuit under CPLR § 214. Even if your injuries take longer than three years to fully manifest, it is essential to initiate legal proceedings before this deadline to protect your legal rights to recovery
Individuals who have been hit by a driver who failed to yield, often seek damages for various expenses, including: car repair or replacement costs, hospital bills, transportation expenses, ambulance charges, specialist fees, prescription costs, therapy expenses and lost wages. Courts recognize these types of damages and allow victims to recover them when driver negligence is proven.
Additionally, courts may award non-economic damages, such as compensation for: pain and suffering, mental anguish, and grief. Calculating and determining these non-economic damages can be complex and subjective.
If you have questions about the potential settlement outcomes in similar cases, it is advisable to consult an experienced car accident lawyer in New York.
Gabriel Legal Injury Lawyers are prepared to evaluate your case and provide representation in court. We operate on a contingency fee basis, meaning we only charge our clients if we secure a favorable outcome in their case. To take the first step, call us today at (212)463-8888
How do you investigate a car accident claim?
As dedicated car accident lawyers, our primary goal is to construct a solid and resilient case on your behalf. During your consultation, we meticulously gather all the necessary information related to your incident and accident.
Granted, severe injuries can make it challenging for victims to obtain information, but rest assured, our skilled investigators conduct thorough research to uncover crucial details you may have overlooked or forgotten.
Additionally, we carefully review your police report and reach out to all individuals involved in the accident. Given the complexity of these cases, we highly recommend contacting our offices as soon as possible to initiate your claim promptly, thereby strengthening its foundation.
Understanding the Statute of Limitations in Car Accident Cases
It is crucial for all car accident victims to be aware of the statute of limitations that applies to their case. This legal time limit determines the window within which accident victims can file a lawsuit. In New York State, personal injury lawsuits generally have a three-year statute of limitations, as stated in CPLR § 214.
However, it’s important to note that certain circumstances can diminish this deadline. If the specified time limit expires in your case, you may lose the opportunity to seek compensation through a lawsuit.
To determine the specific time limits that apply to your situation, don’t hesitate to contact Gabriel Legal Injury Lawyers today.
Determining Liability in an New York Personal Injury Claim
Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.
It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.
By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.
The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.
It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.
Overview of the Personal Injury Lawsuit Process
It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:
01
Initial Consultation
02
Case Investigation
03
Filing Court Documents
04
The Discovery Process
05
Pre-Trial Litigation and Motions
06
Trial
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Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.
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Contact us today for a free consultation and let us assist you in moving forward after this challenging time.