Long Island Car Accident Lawyer

A car crash can leave you injured, in pain, and struggling to recover from your accident. Get justice for your losses by seeking out a Long Island car accident attorney for the help you need.

Car accidents are a serious issue for many Long Island drivers, who may be suffering through painful injuries, trauma, and mounting expenses. Sadly, you may be one of those drivers, and now you need help to make a full recovery.

Seeking out a lawyer from Jaghab, Jaghab & Jaghab, PC can make a difference. When you need a Long Island car accident lawyer on your side, make sure you have one who can help you fight for your compensation.

Common Long Island Car Crash Injuries

A car accident is often a violent, devastating event, and the aftermath can be especially difficult. You’re hurt, and you’ll need medical attention as soon as possible for your suffering.

Even if you feel fine, accept a medical exam from the paramedics. Your injuries may be severe but delayed. Certain conditions, like internal bleeding, may not be noticeable until they’re lethal, and a concussion or whiplash may have a delayed response.

So if you’re involved in a car accident in Long Island, seek out medical attention first. You may have suffered one of the following injuries during your crash:

• Traumatic brain injuries
• Spinal cord damage
• Whiplash
• Broken bones
• Burn injuries

Dealing with Car Insurance Companies After an Accident

When you’ve been injured in a serious car accident, you’ll need to contact our Long Island law office quickly if you would like to seek compensation for your accident and injuries.

New York is a no-fault state, meaning your insurance company is required to pay for the medical bills, lost wages, and incidental items related to your accident.

Getting a fair settlement from the insurance company isn’t always easy, however. They may lowball your car accident settlement, delay responding, or refuse to settle with you at all. That’s why it’s important to have an attorney at your side when dealing with an insurance company.

Who’s at Fault for Your Car Accident?

Unfortunately, you may be struggling to find the person responsible for your car accident, if you’re suing for your serious injuries. While many crashes are as simple as getting the personal information of the other driver, an auto accident can be complex.

For example, there may have been multiple vehicles involved in your car crash. In these cases, you’ll need to seek out the person initially responsible for causing the multi-car crash. However, what if there were no other vehicles, but you believe you didn’t cause the car accident?

The responsibility for your wreck may lie with another party. For example, if your brakes failed, your crash may be the liability of the manufacturer, not another driver. These cases can be complex, so you may need to contact someone who can reconstruct the accident. If you’re struggling for answers, your lawyer can help you get the help you need determining the responsible party.

Read-End Collisions

Rear-end collisions, in which the front of the rear car strikes the rear of the lead car, are
one of the most common types of motor vehicle accidents in the State of New York.

A common reason for rear-end collisions is tailgating. New York Vehicle and Traffic Law §1129 (following too closely) prohibits tailgating, although this statute may be applicable in other circumstances besides tailgating as well.

New York Vehicle and Traffic Law §1129a states that “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

In other words, when a driver approaches another vehicle from the rear, the driver is bound to maintain a reasonably safe rate of speed, to maintain control of his or her car, and to exercise reasonable care to avoid colliding with the lead vehicle.

When rear-end collisions occur, there is a rebuttable presumption of liability of liability on the part of the rear driver and imposes a duty of the rear driver to provide a non-negligent explanation for the rear-end collision. The absence of an adequate explanation constitutes negligence on the part of the rear driver.

Potential non-negligent explanations include sudden lane change on the part of the lead vehicle and an unjustified sudden stop. Rear-end collisions most often occur when the lead car is either stopped or stopping but the duty imposed by Vehicle and Traffic Law §1129a applies equally in situations where the lead car is maintaining a constant speed or even accelerating. The focus of the presumption created by Vehicle and Traffic Law §1129a focuses on the duty of the rear car to under the circumstances, maintain a reasonably safe distance from the lead car.

In Service v. McCoy, 131 A.D.3d 1038, 1039, 16 N.Y.S.3d 283, 285 (2015) the Supreme Court, Appellate Division overturned the lower Court’s ruling and held that Defendant was negligent in causing the rear end collision where the Plaintiff was driving within her lane on the
Cross Bronx Expressway, at consistent 30 miles per hour with her foot on the gas pedal.

New York Vehicle and Traffic Law §1129. Following too closely.

a. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

b. The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.

c. Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.

https://www.nysenate.gov/legislation/laws/VAT/1129

Left Turn Collision

A common cause of a motor vehicle accident is when one vehicle is attempting a left hand turn. A left turn at an intersection is a particularly dangerous situation because it requires the turning vehicle to travel across the lanes of travel of vehicles traveling in the opposite direction.  There are numerous sections of New York Vehicle and Traffic Law that are applicable when a vehicle makes a left turn. 

New York Vehicle and Traffic Law §1141 states in part “The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard.”  

New York Vehicle and Traffic Law §1128(a) states in part “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”

New York Vehicle and Traffic Law §1163(a) states in part “No person shall turn a vehicle at an intersection….or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety.  No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.”

In other words, it is the obligation of the driver of the left turning motor vehicle to ensure that he or she does not attempt a left hand turn across traffic unless it is safe to do so.  Failure to yield to the opposing vehicles’ right of way constitutes negligence on the part of the turning vehicle. It is the obligation of the turning motor vehicle to offer a non-negligent explanation for the collision.

A potential non-negligent explanation for a failed left hand turn may be excessive speed on the part of the vehicle traveling in the opposite direction.  The Court will however consider other factors besides the speed of the opposing vehicle such as the amount of time the driver has to react to the left turning vehicle and that the vehicle with the right of way is entitled to anticipate that the other vehicle will obey the traffic laws requiring the left turning vehicle to yield.

In  Rohn v. Aly, the Appellate Court reversed the lower Court’s decision and granted summary judgement in favor of the driver travelling straight through an intersection, even where evidence showed that vehicle was speeding.  The Court reasoned that even though the right-of-way driver has a duty to use reasonable care to avoid a collision, a driver with the right-of-way who only has seconds to react to a vehicle which has failed to yield is not comparatively negligence for failing to avoid the collision.

New York Vehicle and Traffic Law §1128. Driving on roadways laned for traffic

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:

a. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

b. Upon a roadway which is divided into three lanes and provides for two-way movement of traffic a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.

c. When official traffic-control devices direct slow-moving traffic, trucks, buses or specified types of vehicles to use a designated lane or designate those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, drivers of vehicles shall obey the directions of every such sign, signal or marking.

d. When official markings are in place indicating those portions of any roadway where crossing such markings would be especially hazardous, no driver of a vehicle proceeding along such highway shall at any time drive across such markings.

https://www.nysenate.gov/legislation/laws/VAT/1128

New York Vehicle and Traffic Law §1141 Vehicle turning left

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard. [1]

New York Vehicle and Traffic Law §1163. Turning movements and required signals.

No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section eleven hundred sixty, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.

a. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.

b. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

c. The signals provided for in section eleven hundred sixty-four shall be used to indicate an intention to turn, change lanes, or start from a parked position and not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear.

d. The driver of a vehicle equipped with simultaneously flashing signals as provided for in subdivision eighteen-a of section three hundred seventy-five shall use such signals when the vehicle is stopped or disabled on a public highway, except when such vehicle is stopped in compliance with a traffic-control device or when legally parked. The driver of a vehicle so equipped may use such signals whenever necessary to warn the operators of following vehicles of the presence of a traffic hazard ahead of the signaling vehicle, or to warn the operators of other vehicles that the signaling vehicle may itself constitute a traffic hazard, taking into account traffic and highway conditions. No person shall use such signals for any other purpose.

https://www.nysenate.gov/legislation/laws/VAT/1163

Damages for Long Island Car Accident Victims

When you’ve suffered a serious injury in a car accident, you’ll need to seek out the full damages you need for a full recovery. Unfortunately, when you’re injured and struggling to overcome your losses, it can be tough to expend the effort to get the full compensation you deserve or to even know what your first step should be.

It’s important to start with understanding your damages, both compensatory damages and other kinds. Make sure you’re getting the full compensation you deserve by knowing what your claim is worth.

Economic Damages and Car Accidents

When you’re involved in a car crash, there’s a good chance that you’ll be left with some bills or financial losses. Those economic damages should be compensated. You shouldn’t have to pay out of your own pocket for the actions of another driver.

These bills can add up quickly. A single visit to the hospital can be expensive, and you may be visiting regularly for serious or permanent injuries. If you need further treatment, surgeries, or care, it can become impossible to afford. Other economic losses may include missed work, property damage, or a loss of earning capacity.

If you’ve suffered any financial losses because of someone else’s carelessness, you’ll need to add up those losses for your compensation. Fortunately, your Long Island attorney can help you keep track of your losses and estimate any future losses you may have suffered.

Non-Economic Losses and Car Accidents

However, getting the total compensation you deserve isn’t always so easy. Your lawsuit should also include damages for the mental and emotional toll you’ve suffered because of the accident. These damages are also important, but they’re intangible, making it tough to find their worth.

These non-economic damages include mental anguish and pain and suffering, among other things, all of which are traumatizing to experience. You’ll need to seek out a lawyer’s help to get the total value of these damages.

Your non-economic damages are typically found using the severity and the impact on your life that your crash had. Speak to your car accident lawyer about the tools you’ll need to calculate these losses and get their full worth.

New York Laws Affecting Your Accident Claim

When you’re injured in a car accident, seeking out your full compensation is important. Unfortunately, your claim isn’t as simple as just seeking out your claim’s worth or contacting the insurance agency. Instead, you’ll also need to focus on obeying the laws that could impact your claim.

Unfortunately, New York state law can harm your chances at the full compensation you deserve. You could be facing a diminished or dismissed claim, leaving you to deal with the aftermath of the car crash without help.

That’s why it’s important to contact an auto accident attorney. If you’re struggling to get the full compensation you deserve, reach out for a lawyer’s help to defend your compensation.

Comparative Negligence in New York

Unfortunately, you don’t have only the liable party’s actions to worry about. You’ll also need to ensure that your own actions don’t harm your claim, leaving you with less compensation than you need for a full recovery. Unfortunately, in New York, if you’re found partially to blame for the car crash, you could lose a significant part of your compensation.

The good news is that our Long Island accident law firm can help you demonstrate what really happened and protect your right to compensation for your injuries.

Statute of Limitations for Car Accidents

When you’re hurt, acting quickly can be tough. You only have so much time and energy during your recovery, which makes it difficult to act on time. Worse, in New York, you’re required to act within a certain amount of time your accident. If you don’t, you could lose your chance for compensation.

Failing to act could lead to a dismissed claim, leaving you without the compensation you deserve for your injuries. Unfortunately, it’s easy to fail to act on time. If you’re concerned about getting your claim filed within your time limit, let your Long Island lawyer know so you can plan your claim with them as you recover.

Long Island Car Accident FAQ

Suffering through a car accident is a difficult situation. It leaves many Long Island residents struggling to deal with the financial costs, physical injuries, and emotional trauma that come with a crash. In addition, it leaves many auto accident victims unsure about their options for recovery. 

Your Long Island auto wreck lawyer can help you answer your questions and go after your compensation. If you have questions about your recovery options, check out the FAQ below or reach out to an attorney for personalized answers. 

I was in a single-car accident. Can I still sue in Long Island? 

Not all single-vehicle crashes are the driver’s fault. You might have lost control of your car because of outside factors that wouldn’t have happened if other parties had been more careful. For example, your steering wheel may have locked up because of a defect in the part. The manufacturer may be responsible for your car accident injuries in these cases. 

What if the other driver in my car accident was drunk? 

In some cases, the other driver wasn’t just acting negligently. They may have also been breaking the law. If they were arrested for a DUI, you may need to wait for the criminal trial. Once that trial is over, though, you’ll be able to file a claim against the driver. 

The good news is, while you may have to wait, your Long Island attorney can help you use evidence from the trial, even if the driver isn’t convicted, to help your claim. 

My child was hurt in a Long Island car accident. Can I sue on their behalf? 

Knowing that your child suffered because of someone else’s carelessness can be painful. They’re a minor, which means they can’t file on their own. In these cases, you may be able to sue on behalf of your child, especially if you want to act now. Otherwise, your child’s time limit to file a car accident claim doesn’t start until they’re eighteen. That gives them time to act on their own. 

I think my car insurance company is being unfair. What can I do? 

If you think your auto insurance company is lowballing your settlement, you may first need to write a demand letter. This letter should state how much your car crash compensation is worth and detail why it’s worth that amount. 

If they still offer a low settlement or refuse to respond, the insurance company may be acting in bad faith. You may have grounds for a lawsuit against the company, so talk to your Long Island lawyer if you believe the insurer is acting unfairly. 

How long will it take to get a car crash settlement in Long Island? 

Unfortunately, there’s no set time limit for how long your claim will take from the time you file a claim to the final verdict. Your Long Island car wreck attorney can help you act on your claim faster, though, and they can make sure you get the maximum compensation you can receive. 

Contact an Attorney after a Long Island Car Crash

When you’ve been hurt by someone else’s carelessness on Long Island, you’ll need to act to get the full compensation you deserve after a car accident. Unfortunately, that won’t be easy without help. In the wake of a car crash, you’ll need help from an attorney who understands how dire your situation is.

At Jaghab, Jaghab & Jaghab, PC, we know how tough getting your full compensation after a car wreck can be. That’s why we’re ready to fight back for you. Take advantage of our free consultations, and we’ll show you what we can do for your claim and how we can help you defend your compensation in Long Island.

Ready to get started? Your Long Island car accident lawyer is waiting. To begin, give us a call at 516-747-8830 or fill out the following online form.