Protecting Your Rights After a Car Accident
Car accidents can truly upend your life in ways that are both immediate and far-reaching. The physical pain of injuries, combined with the stress of mounting medical bills, vehicle repairs, and potential lost income, can make even the strongest person feel powerless. The emotional toll of reliving the accident, dealing with trauma, or even the anxiety of getting back on the road can be overwhelming. At The Law Offices of Joseph Marra, PLLC, we understand these challenges, and we’re here to provide more than just legal services—we offer a sense of relief and control in a time of chaos.
Our team is committed to not only protecting your rights but also lifting the burden of the legal process off your shoulders so you can focus on what matters most—your recovery. From the moment we take your case, we assume the responsibility of handling every aspect of your claim. We understand how to deal with insurance companies that may try to offer quick, lowball settlements that don’t reflect the true extent of your losses. Instead of allowing you to feel pressured or shortchanged, we step in as your advocates, determined to leverage our experience to pursue the full compensation you deserve.
With years of experience serving car accident victims in Westchester County, we know the ins and outs of the legal system and how to build a case that insurance companies cannot easily dispute. We gather vital evidence, including medical records, witness testimonies, accident reports, and expert analyses, to craft a case that leaves no room for doubt. Our goal is to ensure that you are treated fairly and that those responsible for your suffering are held accountable.
In times of uncertainty, having a trusted Westchester County car accident lawyer by your side can be a source of great comfort. You don’t have to navigate this journey alone—our team is here to support you, providing the guidance, reassurance, and aggressive legal representation you need to secure justice and rebuild your life.
What Are the Common Causes of Car Accidents in Westchester County?
Car accidents occur for a variety of reasons, many of which involve negligent or reckless behavior. Understanding the cause of your accident is essential for determining who is at fault and pursuing the compensation you need to recover. In Westchester County, several factors frequently contribute to collisions. Below, we explore the most common causes and how they impact the legal process for holding negligent drivers accountable.
Distracted Driving
Distracted driving is one of the leading causes of car accidents in Westchester County and across the United States. In today’s fast-paced world, distractions are everywhere—texting, checking social media, using a GPS, or even eating while driving. When drivers take their attention off the road for even a few seconds, it dramatically increases the chances of an accident. The human brain is not designed to multitask while operating a vehicle, and when drivers divide their attention, reaction times slow, putting everyone on the road at risk.
If you’ve been in an accident where distracted driving was involved, identifying the distraction can be critical to proving liability. Our team will work diligently to gather evidence such as phone records, traffic camera footage, and witness testimony to establish the other driver’s negligence. In cases where distracted driving is a factor, holding the responsible party accountable can make a significant difference in your ability to recover damages for medical bills, lost wages, and pain and suffering.
Speeding and Reckless Driving
Speeding is another common factor in car accidents. When drivers exceed speed limits, they reduce their ability to react quickly to sudden changes in road conditions, such as a pedestrian crossing or a vehicle braking unexpectedly. Excessive speed increases the distance needed to stop and magnifies the force of a collision, often leading to more severe injuries or fatalities. Reckless driving behaviors, such as tailgating, weaving in and out of traffic, or failing to yield, can be equally dangerous.
In Westchester County, where traffic can be dense and roads can vary from rural highways to suburban streets, reckless drivers pose a serious threat to public safety. If you were involved in an accident caused by speeding or reckless driving, it is crucial to have an advocate who understands how to hold these drivers accountable. We will investigate the details of your accident, review police reports, and use any available footage or witness accounts to demonstrate that speeding or reckless behavior directly contributed to your injuries.
Driving Under the Influence
Intoxicated drivers have impaired judgment, slower reflexes, and decreased coordination, making it difficult for them to operate a vehicle safely. Accidents caused by drunk or drugged drivers are often severe because the impaired driver may fail to take evasive actions in time, resulting in high-impact collisions.
If you or someone you love has been injured in a DUI-related accident, it is important to know that New York has strict laws for holding impaired drivers accountable. Our Westchester County car accident lawyer will pursue legal action to ensure the responsible party is held liable for the full extent of your losses. We will work to gather evidence such as police reports, breathalyzer results, and witness statements to build a strong case for compensation.
Failure to Obey Traffic Signals and Signs
Traffic signals and signs are in place to regulate the flow of traffic and ensure that drivers can navigate safely. However, when drivers fail to obey stop signs, red lights, or yield signs, they put themselves and others at risk of serious accidents. Running a red light or stop sign, for example, can lead to T-bone collisions, which are often deadly due to the force of impact on the side of the vehicle. Failure to yield the right of way is another common cause of accidents, especially at intersections where multiple vehicles are converging.
If another driver’s failure to obey traffic signals led to your accident, it’s essential to collect evidence that supports your claim. Witnesses, dashcam footage, or traffic camera recordings can often help establish that the other driver disobeyed traffic laws. Our team will work to gather the necessary documentation to prove fault and help you secure compensation.
Defective Vehicle Parts
While many accidents are caused by driver error, some result from mechanical failures or defective vehicle parts. Brake failures, tire blowouts, steering malfunctions, and other mechanical issues can lead to accidents even when the driver is operating their vehicle safely. In these cases, the manufacturer or mechanic responsible for maintaining the vehicle may be held liable for the accident.
If you suspect that a defective vehicle part contributed to your accident, we can investigate the circumstances and identify whether negligence on the part of a manufacturer or repair shop was involved. These cases can be complex, but our team has the resources and experience to handle product liability claims and ensure you receive the compensation you deserve.
By understanding the common causes of car accidents in Westchester County, you can take the first step toward holding negligent parties accountable and pursuing justice. Our experienced car accident lawyers are here to guide you through the process and fight for your rights, no matter the cause of your accident.
How Can a Car Accident Lawyer Help with Your Claim?
Navigating the aftermath of a car accident can be overwhelming, especially when dealing with injuries, medical bills, and insurance companies. A Westchester County car accident lawyer can provide the guidance and legal support you need to pursue fair compensation.
Investigating the Accident
One of the first steps our team takes is investigating the accident thoroughly. We gather critical evidence, such as police reports, witness statements, and any available video footage. Our investigation also involves analyzing the scene of the accident and working with accident reconstruction experts, if necessary, to determine how the crash occurred and who is at fault.
Dealing with Insurance Companies
Insurance companies often aim to minimize their payouts, which means they may offer a settlement that is far less than what you deserve. Having a lawyer on your side ensures that you won’t be pressured into accepting an unfair offer. We handle all communications with the insurance companies, negotiating on your behalf to secure a settlement that covers your medical expenses, lost wages, pain and suffering, and more.
Filing Legal Claims
If negotiations with insurance companies don’t result in a fair settlement, our team is prepared to file a lawsuit and take your case to court. We will build a strong legal argument and present your case in front of a judge and jury, if necessary, fighting for the compensation you are owed.
What Should You Do Immediately After a Car Accident?
Knowing what to do immediately after a car accident can make a significant difference in protecting your rights and building a strong case. Here are key steps you should take following a collision:
Ensure Safety and Seek Medical Attention
Your first priority after any accident should be your safety and the safety of others involved. If you can, move your vehicle to a safe location and check for injuries. Even if you feel fine, it’s important to seek medical attention as soon as possible. Some injuries, like whiplash or internal injuries, may not be immediately noticeable but can worsen over time. Additionally, seeing a doctor creates an official record of your injuries, which is crucial for your case.
Document the Scene
If you are able, take pictures of the accident scene, including damage to vehicles, road conditions, and any visible injuries. Gather contact information from witnesses and make sure to exchange details with the other driver, including insurance information and license plate numbers. This documentation can be invaluable when building your claim.
Report the Accident to Authorities
In New York, accidents that result in injuries or significant property damage must be reported to the police. A police report serves as an official record of the accident and can provide important details that support your claim. Be sure to request a copy of the police report for your records.
Contact a Car Accident Lawyer
While it may be tempting to handle everything on your own, contacting a Westchester County car accident lawyer early on can ensure that your rights are protected. Our team can advise you on your next steps, help gather evidence, and handle all interactions with insurance companies on your behalf.
How Is Compensation Calculated for Car Accident Victims?
After a car accident, you may be entitled to compensation for your injuries and losses. Understanding how compensation is calculated can help you make informed decisions about your claim. Several factors are considered when determining the amount of compensation you may receive.
Medical Expenses
Compensation often includes the cost of medical treatment, both current and future. This can cover everything from emergency room visits and surgeries to physical therapy and ongoing care. It’s important to keep detailed records of all medical expenses related to your accident, as this documentation will be used to calculate your compensation.
Lost Wages and Loss of Earning Capacity
If your injuries prevent you from returning to work, either temporarily or permanently, you may be compensated for lost wages. This includes both the income you’ve already lost due to time off work and any future earnings you may lose if your injuries affect your ability to work in the same capacity. In cases where victims can no longer perform their jobs or have to take a lower-paying position due to their injuries, compensation for loss of earning capacity can also be awarded.
Pain and Suffering
In addition to economic losses, you may be entitled to compensation for non-economic damages such as pain and suffering. This includes the physical pain, emotional distress, and overall impact the accident has had on your quality of life. Determining the value of pain and suffering can be more subjective, but our team will work to ensure that these damages are fully accounted for in your claim.
Property Damage
If your vehicle or other personal property was damaged in the accident, you may be compensated for repair or replacement costs. Insurance companies typically assess the value of your vehicle based on its condition before the accident, and you may be able to recover the full cost of repairs or the market value of your car if it was totaled.
What Types of Car Accident Injuries Can You Be Compensated For?
Car accidents can cause a wide range of injuries, from minor scrapes to life-altering trauma. When you’ve been hurt in a car accident, you deserve compensation that fully accounts for your physical, emotional, and financial losses. Some of the most common injuries we handle include:
Whiplash and Soft Tissue Injuries
Whiplash occurs when the force of a collision causes your neck to suddenly jerk back and forth. This motion can strain muscles and ligaments in the neck, leading to pain, stiffness, and limited mobility. Although whiplash and other soft tissue injuries may not appear severe at first, they can have long-term effects on your health and quality of life.
Head and Brain Injuries
Head injuries, including concussions and traumatic brain injuries (TBI), are among the most serious injuries that can result from a car accident. Even a mild concussion can cause lasting symptoms such as headaches, dizziness, and difficulty concentrating. In more severe cases, TBIs can result in permanent cognitive impairment, memory loss, and personality changes.
Broken Bones and Fractures
The impact of a car crash often leads to broken bones, including fractures in the arms, legs, ribs, and collarbones. These injuries may require surgery, physical therapy, and extended recovery periods. Even after healing, fractures can leave you with chronic pain or limited mobility.
Spinal Cord Injuries
Spinal cord injuries are among the most devastating outcomes of a car accident. Depending on the severity of the injury, victims may face partial or full paralysis, requiring lifelong care and assistance. These injuries can drastically change your life, and compensation should reflect the immense physical, emotional, and financial burdens they cause.
Emotional and Psychological Trauma
It’s not just physical injuries that affect car accident victims. Many people experience emotional and psychological trauma after a collision, including anxiety, depression, or post-traumatic stress disorder (PTSD). These mental health struggles are just as real and debilitating as physical injuries, and they deserve to be compensated as part of your claim.
How Long Do You Have to File a Car Accident Claim in New York?
Time is a crucial factor in car accident cases, and it’s important to be aware of the deadlines for filing a claim. In New York, the statute of limitations for personal injury claims, including car accident cases, is typically three years from the date of the accident. This means you have three years to initiate legal action to seek compensation for your injuries and damages.
Why Acting Quickly Matters
While three years may seem like a long time, it’s important to act quickly. The sooner you begin working with a Westchester County car accident lawyer, the stronger your case will be. Evidence can be lost, memories can fade, and witnesses may become harder to locate as time passes. By contacting a lawyer early on, you give yourself the best chance of building a solid case.
Exceptions to the Statute of Limitations
In certain circumstances, the statute of limitations may be extended or shortened. For example, if the accident involved a government vehicle or entity, the timeline for filing a claim may be significantly shorter. Alternatively, if the victim was a minor or incapacitated, the statute of limitations may be extended. Our team can help you navigate these complexities and ensure that your claim is filed within the appropriate timeframe.
How Does New York’s Comparative Negligence Rule Affect Your Claim?
New York follows a comparative negligence rule, which can impact the amount of compensation you receive if you are found to be partially at fault for the accident. Under this law, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your total compensation will be reduced by 20%.
Determining Fault in Car Accidents
Determining fault in a car accident is not always straightforward. Factors such as speeding, distracted driving, or failure to yield can all contribute to an accident. Our team will work to gather evidence, including police reports, witness statements, and accident reconstruction, to demonstrate the other party’s negligence and minimize any claims of shared fault.
Fighting for Maximum Compensation
Even if you are partially at fault, you still deserve compensation for your injuries and losses. Our Westchester County car accident lawyer will fight to ensure that your percentage of fault is minimized and that you receive the maximum amount of compensation available under New York law. We are committed to protecting your rights and holding negligent drivers accountable.
Why Choose Our Westchester County Car Accident Lawyers?
Choosing the right legal representation after a car accident is one of the most important decisions you can make. At The Law Offices of Joseph Marra, PLLC, we bring a client-focused approach to every personal injury lawsuit, ensuring that you receive the personalized attention and legal support you need during this difficult time.
Compassionate Legal Support
We understand the emotional and physical toll that a car accident can take on you and your family. Our team is here to provide compassionate support, guiding you through each step of the legal process. You are not just another case to us—we care about your well-being and are committed to securing a positive outcome that helps you move forward.
Decades of Experience
With years of experience handling car accident cases in Westchester County, our team has the knowledge and resources necessary to build a strong case. We are well-versed in the intricacies of New York personal injury law and use this expertise to your advantage, whether negotiating with insurance companies or presenting your case in court. Our goal is to achieve the best possible outcome for you, whether that means securing a fair settlement or fighting for your rights in a courtroom.
A Track Record of Success
Over the years, we’ve helped countless clients in Westchester County recover the compensation they need after serious car accidents. Our team has a proven track record of successful case outcomes, which speaks to our dedication and determination. We take pride in standing up for our clients and ensuring that justice is served.
Thorough Case Preparation
At The Law Offices of Joseph Marra, PLLC, we believe in leaving no stone unturned. We meticulously prepare each case by gathering evidence, consulting with medical and accident experts, and building a comprehensive legal strategy. This thorough approach enables us to present the strongest case possible, maximizing your chances of a favorable outcome.
Contact an Experienced Car Accident Attorney Today
At The Law Offices of Joseph Marra, PLLC, our Westchester car accident lawyers understand how devastating a motor vehicle accident can be, and we are here to help you through every step of the legal process. Whether you are dealing with serious injuries, mounting medical bills, or the emotional toll of the accident, our dedicated team is ready to fight for the compensation you deserve. Let our experienced car accident attorneys handle the legal complexities while you focus on your recovery. Contact us today to learn more about how we can assist you with your car accident case.