Binghamton Car Accident Attorney

Causes of Car Accidents

Most car accidents occur due to the negligence of one or more drivers.

The most common causes of car accidents include:

Driver distraction: In one recent year, more than 3,100 people were killed across the nation in distracted driving crashes, according to the National Highway Traffic Safety Administration. In 2013, driver distraction was a factor in 62,741 accidents in New York, leaving 21,636 persons with injuries and causing 117 fatalities. Teens are especially susceptible to distracted driving, so be sure to talk with them about the dangers of distracted driving often.

Texting while driving:
NY bans texting while driving for drivers of all ages. Even so, it’s a common occurrence that leads to hundreds of crashes on New York roads and highways.

Tailgating:
This dangerous habit is a real problem in New York’s crowded urban areas. Following too closely led to 44,295 crashes in a recent year, resulting in 14,179 injuries and 30 deaths.

Speeding:
In 2013, the latest year for which numbers are available, speeding was a factor in 28,239 crashes, including 9,760 crashes where someone was injured; 317 people were killed in those speeding accidents.

Reckless driving:
Reckless driving means 5 points on a convicted motorist’s driver’s license. It can mean serious injury or death for someone hit by that motorist.

Drunken driving:
New York had 7,260 accidents, including 2,831 injury crashes and 79 fatalities caused by drunk driving in the latest year for which numbers are available from the New York Department of Motor Vehicles.

Running red lights / stop signs:
12,849 crashes in one recent year involved disregarding traffic control devices, resulting in 6,288 injuries and 108 fatalities.

Unsafe backing:
This negligent act caused 16,037 accidents, with 1,331 injuries and 6 deaths.

Failure to yield the right-of-way:
Failing to yield caused 41,231 crashes, resulting in 17,013 injuries 134 deaths.

Automotive defects:
Vehicular failures, including defective accelerators, tires and brakes, caused 3,738 accidents, 1,154 injuries and 3 deaths

5 Steps to Take After a Car Accident in Binghamton

Understandably, a car accident leaves those involved shocked and confused, and often injured victims are unsure where to turn for help. It is vitally important that a car crash lawyer gets involved as early as possible to avoid running into trouble later. If you have been involved in an accident, follow these five tips.

Call The Police. Even if the accident appears to be minor, it is very important to call the police immediately. Calling the police documents the incident and memorializes what is said at the time of the accident.

Witnesses, drivers and anyone involved in the accident will be interviewed by police, and if they change their statement at a later time, the report can be used as a way to cast doubt on any changes in testimony.

Seek Medical Treatment. It is very important to accept any medical help that arrives on the scene of the accident or to seek medical treatment immediately after the accident to document and evaluate your condition and treat any injuries that you may have sustained.

Some injuries may not be visible or obvious to you, and a thorough medical examination is extremely important. Ensure you tell the medical professional that you were involved in a vehicle accident so this is documented.

Do Not Admit Fault. Never discuss the accident with anyone other than the police. Only answer the questions you are asked, and do not volunteer information, especially admitting any type of fault.

Due to your state of mind immediately after an accident, it is best to not offer any opinions about who is at fault or who is to blame in an accident.

Take Pictures. If possible, take pictures of the accident including the vehicles, the street or highway where it occurred, and anyone at the scene.

If you are unable to take photographs yourself, ask someone else to do it for you. These photographs may prove extremely valuable at a later date in the effort to recover compensation.

Get Contact Information. Make sure you or someone with you gathers all the contact information possible.

Take down names, addresses, phone numbers and insurance information of those involved in the accident and any witnesses present. Of course, contact your insurance company immediately as well.

Contact a Car Accident Lawyer. After the accident, and as soon as possible, make sure you contact a qualified personal injury attorney who focuses on car accident cases. New York laws regarding car accidents can be complicated. You deserve to be represented by a true legal professional, who will protect your rights and pursue the level of financial compensation you deserve.

Contact a Binghamton car accident attorney at Scott C. Gottlieb for a free consultation today. And remember, we never charge a fee to our personal injury clients unless we recover money for them.

New York is a No-Fault State

New York State law requires motorists to carry liability insurance of at least $25,000 for bodily injury to one person, $50,000 for bodily injury to all persons, and $10,000 for property damage in any one accident. The state also requires mandatory “no-fault” coverage of $50,000.

What if Insurance Doesn’t Cover My Expenses?

New York may be a “no-fault” state, but that does not make getting benefits any easier.

Do you know what to do if your expenses exceed the $50,000 available under the no-fault limits? Do you know which parties you can sue if you have serious injuries from your car crash?

Pursuing Compensation For Damages After a Binghamton Automobile Accident

The damages should reflect all of your losses, both physically and emotionally. There are two types of losses, termed economic and non-economic damages.

• Economic Damages: Economic damages include the costs of medical care and treatment, rehabilitation, transportation, lost wages and all other financial losses.
• Non-Economic Damages: Non-economic damages reflect the degree of pain and suffering, the loss of quality of life, anxiety, depression, loss of consortium and other similar losses. This is a significant portion of the settlement or jury award in most car accident injury cases.

Dealing with an insurance company after you have been involved in an accident is daunting. Unless you are practiced in dealing with adjustors, agents and policy terminology, leave these negotiations to us. We’ll fight to protect your rights under NY insurance laws.

Qualifying For Non-Economic Damages in New York

Under New York state law, to recover compensation for non-economic damages it is necessary to meet the legal threshold for “serious injury.”

A car accident injury case must meet one of the following criteria:

• 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 use 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 which prevents the injured person from performing all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

Compensation for Fatal Car Accidents in Binghamton

The damages awarded to a spouse or children of a person who died as the result of the acts of a negligent driver can include:

• Financial compensation for loss of money to economic dependants
• Loss of love, society, protection, comfort, companionship and consortium
• Reasonable funeral expenses
• Reasonable expenses for medical care and treatment, prior to the death, and compensation for the loss of services, support, inheritance
• Loss of nurture, guidance and similar types of losses
• Compensation for the conscious pain and suffering and pre-accident terror of the deceased

If your loved one died after being involved in a car accident in Binghamton or the surrounding area, our car accident attorney wants to help you deal with the legal issues surrounding the death.

These are terrible and shocking cases, and the family is thrown into turmoil, suffering extreme emotional devastation. It can be difficult to consider legal issues, but these are important matters to address early.

New York Car Accident Statistics

Recent statistics regarding traffic accidents in New York State are stored in the Traffic Safety Statistical Repository (TSSR). According to this data for the most recent year, there were 327,390 motor vehicle accidents.

Of those accidents:

• 945 accidents involved fatalities
• 90,327 accidents involved personal injuries
• 1,032 people lost their lives
  • 52% of those killed were drivers (565)
  • 17% were passengers (171)
  • 23% were pedestrians (241)
  • 5% were bicyclists (5)

Contact Our Binghamton Car Accident Lawyer

To be successful at trial or in pre-trial discussions with the liable party’s lawyer, the case must be well crafted and fully supported by evidence, testimony, witness statements, data from medical professionals and other information.

Obtaining and preserving the critical evidence soon after the accident can be a critical point in the final outcome. We urge you to connect with our car accident attorney at once so we can get to work for you.

FAQs about Car Accidents

Who Pays If I Am Injured in a Car Accident?

New York is a no-fault insurance state, so injured victims generally turn to their own insurance to cover their medical expenses and lost wages. If they suffer a “serious injury” or they exhaust their no-fault coverage limits, they can file a claim against the at-fault party that caused their injuries. They also turn to the other driver’s liability insurance policy for coverage for their vehicle repairs or replacement.

What other expenses are covered by my own no-fault insurance?

For a period of up to one year after the accident, no-fault will reimburse you for household help, mileage to and from accident-related medical appointments and in some cases, other accident-related expenses are also reimbursable.

What can I do if my own no-fault insurance company refuses to pay my lost wages, medical or other necessary expenses?

You and any other person(s) injured in your vehicle have the right to mediation or arbitration. In addition, a lawyer can often negotiate a resolution of these matters without the necessity of proceeding with mediation or arbitration.

I received a personal injury as a result of hitting a pothole with my car. Who is responsible?

Injury caused by improper maintenance or repair of roads and highways may be the fault of the state, county or town responsible for that road. Sometimes, the fault lies with a private construction company who worked on the road.

An insurance company is offering me a nice settlement. Should I take it?

No. Tell the insurance company that you will get back to them. In the meantime, contact Scott C. Gottlieb immediately. Often times an insurance company will offer a minimal amount of money in return for your signature stating that you will not sue. This often happens shortly after the accident takes place. Insurance companies will often discourage you from obtaining a lawyer so they can pay less to resolve your claim. Never take an insurance check without first consulting an attorney.

What issues will I face in making a claim for my injuries sustained in an auto accident?

A claim for injuries is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act. The three categories of issues that typically arise in a tort claim after an automobile accident are:

• Liability – who is at fault and to what degree.
• Damages – injuries or losses that were caused by the accident.
• Insurance Coverage – what the insurance company will pay for after an accident

Often, there is additional insurance coverage available through your policy or the other party’s insurance company. Not locating all possible insurance coverage can be a very costly mistake. Attorney Scott C. Gottlieb will assist you in locating all possible insurance and other assets to help pay your claim.

How will I pay for my medical bills?

If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists and other health care providers, as well as prescription costs. Those bills will be in your name and will usually be sent to your address. Under New York’s No Fault Law, the insurance company of the vehicle that you were in will be primarily responsible for the payment of your medical bills. If you are a pedestrian, the insurance company of the car that struck you will be responsible for the payment of those bills. Sometimes the amount the insurance company is willing to pay is far less than the actual amount of the bill. However, New York law often compels the doctor or hospital to limit their charges to the amount covered by no-fault. Contact Scott C. Gottlieb today to discuss your case.

How do I get reimbursed for my lost wages?

Under New York’s No-Fault Law, lost wages are initially paid by the insurance company for the car you were in, and in many cases, New York State Disability. If you are a pedestrian, the insurance company of the car that struck you will pay your lost wages, along with NYS Disability. Should the amount of your wage loss be greater than what no-fault and NYS Disability are obligated to pay, then any party at fault will often be responsible for that additional wage loss. As with medical bills, applications for lost wages must be made within a relatively short time period, or the claim may be denied. These applications can be particularly tricky when you are self-employed or between jobs. Contact Scott C. Gottlieb today to discuss your case.

How long does a personal injury claim take to resolve?

Personal injury claims can be resolved in a matter of a few weeks or months. However, they make take up to several years depending on the complexity of the case. A competent attorney will keep your case moving forward to a resolution, but will not be over-eager to settle your case and will never let the responsible party or their insurance company know that you are anxious to settle your case. It is best to speak with an experienced personal injury attorney about your specific case.

My doctor notified me that I have a permanent injury as a result of my auto accident. What does this mean?

A permanent injury is one that is going to either be with you for the rest of your life or for some period beyond the settlement of the claim. In most cases the injured party is entitled to compensation from the at-fault party and their insurance company for past, present and future pain and suffering. This includes compensation for loss of enjoyment of life and future lost wages.

How Do You Know Who Is at Fault for a Car Accident?*

A thorough investigation is often necessary to determine who is at fault for a car accident. The following sources may help show who is legally at fault for a car accident:

• Accident report
• Witness statements
• Location and severity of vehicle damage
• Rules of the road 
• Cell phone records (in the case of distracted driving)
• Analysis of damaged car parts
• Photos or videos of the accident scene or the at-fault party committing a traffic violation
• Reports from an accident reconstruction expert

What should I do if I did not feel hurt at the scene but experienced pain afterwards?

You should immediately consult your medical provider regarding any pain, discomfort or possible injuries from a car accident, even if you think they may be only minor injuries. Even if you did not complain of injuries at the scene of the car accident, if you were injured in the accident, you are entitled to payment of your medical bills and lost wages. For certain injuries where the other party is at fault, you may also be compensated for your pain and suffering and loss of earnings capacity. You should consult Scott C. Gottlieb, Injury Law Attorney, to discuss whether you need representation on your claim.

What If I Was Partly at Fault for a Car Accident?

Under New York’s comparative negligence law, the value of any settlement or award you receive for car accident damages can be decreased based on your proportion of fault. For example, if you sustained damages of $100,000 and are found to be 20 percent at fault, your award could be reduced by $20,000 so you receive $80,000 total. 

However, you should not let any thinking that you might be partially at fault for a car accident in Binghamton deter you from seeking legal advice and representation from an experienced accident attorney. You may not be aware of factors that may have caused or contributed to the crash, such as the other driver being drunk or a part in their vehicle being defective.

What Do You Do After a Car Accident?

If you are ever involved in a car accident, taking these steps can protect your health and legal claim:

• Check on the safety of everyone involved in the accident.
• Contact the police to report the accident and request an ambulance, if necessary.
• Get the names, contact information, driver’s license numbers, and insurance information for all parties involved in the accident.
• Obtain contact information for any witnesses.
• Take pictures of your injuries, damage to the vehicles, and the accident scene with your phone camera.
• Seek immediate medical treatment.
• Contact an experienced injury lawyer who can take steps to protect your rights and handle your insurance claim.

How Long Do You Have to Report a Car Accident in NY?

New York State requires that you report any accident to the Department of Motor Vehicles within ten days if the accident involved any of the following:

• Personal injury
• Death
• Property damage over $1,000

How Long Do You Have to Make an Insurance Claim Following a Car Accident in Binghamton NY?

To seek no-fault coverage, you must report the accident and file a claim with your insurance provider within 30 days. For claims under other aspects of your coverage, you will need to review your auto insurance policy for deadlines.

If you file a claim against the at-fault party, you generally have three years from the date of the collision to file a personal injury lawsuit. Minors have a longer time period to file claims. Claims against cities, towns, counties, and the state have a shorter time period.

Are Seat Belt Extenders Safe?

The National Highway Traffic Safety Administration has not safety tested seat belt extenders, so their safety is unknown. If you do use a seat belt extender, consider taking the following precautions:

• Use a seat belt that matches your specific vehicle and existing seat belt.
• Read the instructions carefully.
• Position the seat belt so that it is placed at the center of your body and does not shift off the collarbone.
• Never use a seat belt extender with children or car seats.

How Can a Car Accident Lawyer in Binghamton Help Me?

A Binghamton car accident attorney can handle the legal aspects of your claim so that you can concentrate on your recovery. Have peace of mind knowing that your lawyer is capably handling:

• A thorough investigation to identify all the factors that contributed to your accident and responsible parties
• Communications with insurance companies and other parties
• The gathering of evidence to help support your claim and calculate the full extent of your damages
• Negotiations with the insurance company to fight for your maximum recovery
• Further court action if the insurance company fails to make a fair offer to properly compensate you for your injuries

How Much Money Can I Recover from a Car Accident Settlement?

The amount of compensation you can recover from a car accident settlement largely depends on the extent of damages you sustained, which might include:

• Medical expenses, including ambulance charges, hospital stays, follow-up treatment, rehabilitation, and medication
• Lost wages and reduced earning capacity
• Car repairs or replacement costs
• Physical and emotional pain and suffering, as well as loss of enjoyment of life

How Much Does a Car Crash Lawyer Cost?

Some accident victims try to handle their claim themselves because they are worried that they cannot afford a personal injury lawyer. However, our Binghamton car accident attorney at Scott C. Gottlieb, Injury Law Attorney works on a contingency fee basis. This means that you do not pay anything unless we are able to recover compensation on your behalf. Our fee is a percentage of whatever we recover for you. You do not have to pay anything upfront and can immediately benefit from our services.

How Do I Find the Best Car Accident Lawyer?

Some characteristics to look for in a personal injury lawyer include:

• Experience – Scott C. Gottlieb has decades of experience representing accident victims throughout Binghamton and surrounding areas in New York.
• A track record of success – Scott C. Gottlieb has an impressive track record of success, including several multimillion-dollar recoveries for accident victims.
• Satisfied clients – The best way to know what it will be like working with a particular personal injury lawyer is knowing about other clients’ experiences. Scott C. Gottlieb has a 10.0 Avvo rating. Attorney Scott C. Gottlieb was honored once again to receive an AV Preeminent Rating, the highest possible rating from Martindale-Hubbell.
• Access to experts – Our firm has access to leading experts who can help support your case. You may benefit from our network of medical experts, investigators, financial consultants, and accident reconstructionists.
• Compassion – One of the most important attributes your legal team can have is compassion for your situation. Our team treats our clients like family. We want to make your life easier after someone else’s negligence has harmed you. We promise to treat you with integrity and empathy.

What if I have other questions?

Contact Scott C. Gottlieb, Injury Law Attorney, today. We will answer your questions and discuss your case.