Injured in a Car Accident in New York? Contact a New York Car Accident Lawyer Right Away
Any local can tell you that driving in New York can be an adventure.
Data from the New York State Department of Motor Vehicles reports that there were 38,000 crashes in 2023 alone; in other words, on average, over 100 crashes every single day.
In a third of these accidents, at least one driver was reported injured. Yes, we all know to dial 9-1-1 after an accident, but what happens thereafter is, for many, a complex issue with no clear answer.
The Law Offices of Theodore A. Naima knows that answer.
For over 25 years, we have stood up to insurance companies on behalf of our clients to demand justice when none is offered. Let us put our experience to work for you.
When you’ve been in an accident, getting “The Best Representation,” doesn’t just mean that we will negotiate with the insurance company or fight for you at trial.
It means you will have a New York car accident attorney who knows you by name.
One you can meet face to face, speak to during off-hours; in short, one to whom you can tell your story and know that they’re listening.
To learn more about how we can help you, contact our Long Island car accident lawyer today.
Common Causes of Car Accidents in Long Island, NY
Below, are some common examples of common causes of car accidents:
- Driver error or driver negligence;
- Following too closely;
- Speeding;
- Disregarding traffic lights or stop signs;
- Failing to yield the right of way;
- Using a hand-held cell phone while driving;
- Texting while driving;
- Driver inexperience;
- Driving while intoxicated (DWI);
- Driving under the influence of alcohol or drugs (DUI);
- Road rage;
- Roadway defect;
- Negligent design or maintenance of roadway;
- Drag racing;
- Failure to maintain & service vehicle;
- Automobile design or manufacturing defect;
- Airbag failure
- Seatbelt failure
- Brake failure
- Tire blowout
- Other mechanical failures
Establishing the cause of a crash is essential to proving negligence. Our firm works with investigators and specialists to gather and present the evidence needed to support your claim.
With over 25 years of experience litigating and trying personal injury cases in New York, we provide dedicated representation for seriously injured individuals and families who have lost loved ones due to the wrongful conduct of others.
Why Legal Representation Matters After a Car Accident
Car accident claims in New York are governed by a complex framework of laws and insurance regulations. While some cases are handled through no-fault insurance benefits, others involve serious injuries that permit a claim against the at-fault driver.
Determining whether your injuries meet the legal threshold for filing a lawsuit requires counsel from a Long Island car accident lawyer with in-depth knowledge of New York law.
At the Law Offices of Theodore A. Naima, we work to investigate each case thoroughly, determine liability, and develop a comprehensive strategy designed to recover the maximum compensation allowed under state law.
4 Most Common Types of Car Accidents
Car accidents in New York come in all shapes and sizes. That said, our experience shows that car accidents in the following categories are the most common.
1. Head-On Collisions
Head-on collisions often happen when a driver swerves across the median of a road or plows through an intersection. Intoxication and distraction generally play a critical role in these accidents.
Due to the fact that the two cars are traveling toward each other, head-on collisions are especially dangerous.
Victims can suffer from serious bone fractures, internal bleeding, burns, and road rash.
2. Rear-End Collisions
According to the National Highway Traffic Safety Administration, rear-end collisions are statistically the most frequently-occurring type of car accident.
In fact, they account for approximately 29% of all car crashes.
Although some people are tempted to dismiss rear-end collisions as being less dangerous than head-on collisions, the truth is that they can set off all kinds of subtle yet traumatic injuries.
Examples include spinal cord injuries and whiplash, both of which might not manifest for years.
3. Sideswipes
A “sideswipe” takes place when one vehicle brushes up against the side of another vehicle.
Sideswipes can occur when the two vehicles are going in the same direction or the opposite direction.
In sideswipes, victims receive unusual sideways blows that can cause their heads to crash through the adjacent window or strike a car pillar.
Serious brain trauma, extensive lacerations, and nerve damage can result.
Also, proving fault in sideswipe cases can be more difficult to establish than in other car accidents.
4. Side Impact or T-Bone Accidents
Side impact accidents involve one car slamming into the side of another car.
Unlike sideswipes, which involve two cars going in parallel directions, T-bone accidents are the result of cars traveling in perpendicular directions.
Just like sideswipes, it can be hard for the victim in a side-impact accident to prove that the other party was at fault.
Therefore, it’s vital that you have a qualified auto accident lawyer to help you collect evidence and gather eyewitness testimony.
What Kinds of Injuries Can I Receive Compensation For?
You can recover monetary damages for almost any kind of physical or emotional injury. However, to do so, you must clearly show a connection between the condition and the accident.
Some of the most common car accident injuries that we see are:
- Crushed or amputated limbs,
- Broken limbs,
- Spinal injuries,
- Head trauma,
- Muscle sprains,
- Whiplash,
- Death,
- Brain injuries, and
- Burn injuries.
Obviously, you will be able to connect many of these injuries to the car accident. Yet there are some injuries that take weeks, months, or years to manifest.
When that happens, the victim can be left without any remedies.
Examples of more subtle conditions that are triggered by accidents include closed head injuries, whiplash, and neck injuries.
Closed head injuries are particularly nefarious, as they can cause permanent changes in vision, memory, and cognitive ability.
A qualified New York car accident attorney can accumulate medical evidence that connects your symptoms to your accident, even if your symptoms were delayed.
Depending on the circumstances, your personal injury attorneys may hire expert witnesses, seek testimony from your personal doctor, or introduce evidence from your medical record to make this connection.
What to Do After a Car Accident in Long Island
The moments and days following a car accident are critical. Taking the right steps can help protect your health, preserve evidence, and strengthen your potential legal claim.
- Ensure safety. If possible, move to a safe location and check for injuries. Call 911 to report the accident and request medical assistance if needed.
- Seek medical attention. Even if you feel fine, some injuries may not be immediately apparent. A medical evaluation creates a record of your condition and connects it to the accident.
- Document the scene. If you are able, take photos of the vehicles, road conditions, traffic signs, and any visible injuries. This information may become vital in establishing fault.
- Exchange information. Collect names, addresses, phone numbers, driver’s license details, and insurance information from all involved parties.
- Avoid admissions. Do not apologize or make statements about fault at the scene or to insurance representatives. Even casual comments can be used against you later.
- Notify your insurance company. Report the accident to your insurer, but avoid giving recorded statements without first consulting with legal counsel.
- Contact a car accident lawyer. Speak with a Long Island car accident lawyer as soon as possible to preserve evidence, protect your rights, and begin building your case.
Taking these steps not only helps ensure your physical well-being but also supports the legal process should you choose to pursue compensation.
What Compensation Is Available After a Car Accident?
If you were injured in a collision, you may be entitled to pursue economic and noneconomic damages. Each category addresses different forms of harm and requires individualized documentation and argument.
Economic Damages
Economic damages cover out-of-pocket losses and are often demonstrated through objective financial records. For example:
- Medical expenses—including emergency care, hospital stays, diagnostics, procedures, rehabilitation, future treatment, and long-term care or modifications to living arrangements, in case of catastrophic injuries;
- Lost wages—recoverable if your injuries required time away from work, often including time for recovery and attending medical appointments;
- Loss of earning capacity—if your injuries limit your ability to continue in your prior role or reduce your future income potential; and
- Property damage—including repair or replacement of your vehicle and other personal items.
Each of these losses should be tracked and documented from the outset of your recovery to ensure an accurate claim for compensation.
Noneconomic Damages
Noneconomic damages address the personal impact of injuries, which often extend far beyond financial loss. This can include:
- Pain and suffering—the physical discomfort and emotional distress that follow a serious accident, based on the severity, duration, and long-term implications of the injury;
- Loss of enjoyment of life—may be appropriate when your injuries interfere with hobbies, travel, relationships, or other fulfilling aspects of daily living; and
- Loss of consortium—the damage an injury causes to a spousal relationship, such as the loss of companionship, affection, or shared responsibilities.
Because noneconomic damages are more subjective, it is essential to present detailed accounts of how your life has changed as a result of the accident. These statements, supported by medical professionals or family members, often form the foundation of a compelling claim.
We take care to pursue every recoverable form of compensation to support your recovery and hold the responsible parties accountable.
Filing a Car Accident Lawsuit in New York
New York’s no-fault insurance system limits lawsuits to cases involving a serious injury as defined by law. When that threshold is met, a personal injury lawsuit can be brought against the at-fault driver. To prevail, your case must show that:
- The other driver owed you a duty of care,
- That duty was breached through negligence,
- The breach directly caused your injuries, and
- You suffered compensable damages as a result.
New York follows a pure comparative negligence rule, meaning your recovery may be reduced in proportion to your own fault. For example, if you are found 20% responsible for the collision, your compensation would be reduced by that percentage. Even if partially at fault, you may still recover damages.
Legal and procedural requirements in New York are precise. Working with a Long Island car accident attorney who understands the nuances of the state’s laws and court expectations gives you the best chance of a successful outcome.
Frequently Asked Questions About NY Car Accident Claims
Why Should I Hire a Personal Injury Lawyer After My Long Island Car Accident?
Hiring a personal injury lawyer is critical for a few reasons.
First, injury attorneys understand the law and how it applies to your case. Second, personal injury attorneys have extensive experience negotiating fair settlement offers with insurance companies.
Attorney Naima knows how to sidestep tactics insurance adjusters use to deny or lessen your compensation, and my negotiating skills can ultimately eliminate the need for a long and stressful trial.
Finally, we accept cases on a contingency basis, meaning we will not bill you for our services unless we secure compensation on your behalf.
Who’s Liable for My Car Accident and Injuries?
This legal question is highly dependent on the circumstances. Car accident lawsuits fall under the broader category of negligence claims.
To successfully bring a claim, you must prove each of the four elements.
You must prove that the negligent driver:
- Owed you a duty of care;
- Violated that duty of care;
- Acted in a way that caused your injuries; and
- Caused injuries that resulted in your losses or damages.
If your lawyer can prove each of these elements, the other driver can be held liable for your injuries.
Contact a Long Island Car Accident Attorney Today
If you or a loved one has suffered a serious injury or died as a result of a car accident, contact The Law Offices of Theodore A. Naima today to speak with an experienced Long Island auto accident lawyer about your case.
The law limits the amount of time you have to file a lawsuit, so don’t wait.
Call me directly at (516) 280-7311 for your free no-obligation consultation and confidential case evaluation.