You step onto what looks like a safe street or sidewalk, but one unexpected crash changes the rest of your day. As you deal with pain, medical treatment, and mounting expenses, you may wonder whether your own actions prevent you from recovering compensation. Even if you shared some responsibility for a Brooklyn car accident, you may still be able to pursue compensation if another party’s negligence contributed to the crash, although New York law may reduce the amount you recover.
An accident does not automatically create a valid personal injury claim. Recovering compensation usually requires proof of negligence, liability, damages, and a connection between the crash and your injuries. New York’s comparative negligence rules may affect how much compensation is available when more than one party shares fault. A Brooklyn car accident lawyer can evaluate the facts of your accident, explain how shared fault may affect your claim, and help you protect your legal rights.
Table of Contents
- Secure Safety and Medical Care First
- Document Evidence Before the Scene Changes
- Avoid Statements That Weaken Your Claim
- How Can a Brooklyn Car Accident Lawyer Help
- Frequently Asked Questions
Secure Safety and Medical Care First
Call 911 When Injuries or Danger Are Involved
Brooklyn’s congested roads, intersections, bike lanes, crosswalks, etc. all have safety concerns. Any time people are injured, the road is obstructed, a driver flees the scene, or unsafe situations occur, and traffic cannot move, 911 should be called. Report incidents that include a pedestrian, cyclist, rideshare, taxi, bus, or other commercial vehicle. The New York DMV says a reportable crash includes a death, an injury, or property damage over $1,000.
Get Medical Care and Follow Treatment
Some injuries can be masked by adrenaline and the other effects of the accident. Once they fade, pain can actually worsen, and injuries can become more evident. Among these can be concussions, neck and back injuries, shoulder and knee injuries, stresses and strains, and even abrasions. If you begin to feel any of these symptoms, it’s best to go to the nearest doctor, urgent care, or ER. Keep all of your medical records and notes after your appointment is completed.
Document Evidence Before the Scene Changes
Photograph Vehicles, Roads, and Injuries
Scenarios for accidents can change. For example, accidents may look different after a vehicle moves from the scene, debris clears, the weather changes, or when repairs begin. It is important to photograph the damage to the vehicles, the license plates, street signs, traffic signals, skid marks, debris, the road and its condition, the lighting, and any injuries. It helps to take photographs of the whole scene as well as close-ups of the damages and hazards.
Collect Driver, Witness, and Report Details
Exchange names, numbers, information for your/state/federal ID, insurance, plate numbers, and a description of the vehicle. Get the names, numbers, and emails of the witnesses, and a short description of what each witnessed. Look to see if a bus, rideshare, or personal vehicle has a dashcam that might have recorded info, as well as nearby residences or businesses. Keep all insurance claim letters, repair estimates, repair records, and claim numbers together.
Avoid Statements That Weaken Your Claim
Limit Fault Statements During Insurance Calls
Report the accident to the appropriate insurer promptly and provide accurate identifying and crash information. Avoid guessing about speed, fault, or medical issues you do not understand. New York no-fault claims generally require written notice within 30 days after the accident, subject to limited exceptions. Write them: date and time of the accident, the area, what vehicles, and what injuries you know about. It has to be done in 30 days.
Wait to Settle Until Losses Are Clear
You might receive an early settlement offer before you are aware of the total amount needed to cover your recovery. A truly equitable settlement incorporates past and future medical expenses, income you will not earn, lessened work capacity, suffering, and limitations you may have to deal with for a long time. Symptoms might worsen after the release is signed, but it typically settles the claim. It is advisable to wait until you have a better idea of your treatment and the impairing effect on your ability to work, as well as the future damages.
How Can a Brooklyn Car Accident Lawyer Help
Preserve Proof and Challenge Liability Disputes
A Brooklyn car accident attorney will assist when insurance companies argue about negligence, liability, injuries, or fault percentages. Legal assistance will most likely include police reports, video footage, statements, and other relevant documentation, including medical and wage records, repair estimates, and assistance from an expert. Having a lawyer is beneficial for crashes involving rideshares, taxis, buses, and trucks as well as crashes involving an uninsured motorist, a pedestrian or cyclist, and multi-vehicle collisions.
Calculate Compensation and Track Filing Deadlines
A lawyer can quantify and document all economic and non-economic damages resulting from a Bronx bus accident, including past and current medical expenses, lost income, future medical care, diminished earning capacity, and pain and suffering. Most personal injury cases in New York have a three-year statute of limitations. However, deadlines may be much shorter for insurance claims, no-fault claims, and special notices, depending on the circumstances.
Frequently Asked Questions
Should You Call Police After a Brooklyn Crash?
Of course, you should report the crash to the police under any of the following circumstances: there is an injury; someone leaves the scene; the scene is unsafe; or traffic is obstructed. New York DMV defines reportable crashes as those that result in a death, an injury, or property damage that exceeds $1,000.
Which Evidence Should You Save After the Accident?
Save photos, videos, witness details, police report information, medical records, repair estimates, insurance letters, receipts, and pay records. Employer notes and proof of lost wages may also matter. This evidence can help prove negligence, liability, damages, and claim value.
Can Fault Reduce Your Compensation in New York?
Yes. New York comparative fault can reduce compensation by your percentage of responsibility. Evidence about speed, signals, vehicle position, traffic conditions, and witness accounts can affect fault.
How Long Do You Have to File a Lawsuit?
New York generally gives three years for many personal injury lawsuits. No-fault insurance notice and other claim deadlines may be much shorter. Review timing early so important rights are not missed.
When Should You Contact a Lawyer?
Consider legal help when injuries are serious, bills are growing, wages are lost, or fault is disputed. A lawyer can help protect evidence, deadlines, compensation, and legal rights. Legal review can also help before accepting a quick settlement.