Wednesday 16 November 2022

What Is the Definition of a Car Accident?

A car accident is defined as an accident that happens when a car hits a person, an animal, an object, or another vehicle, and causes significant injury and/or property damage.  

In 2021, almost 165,000 people were injured in car accidents in New York City. The National Safety Council estimates that there have been 21,300 motor-vehicle deaths in the US in the first half of 2022. In New York City, 54 deaths have already been recorded in the first three months of the year alone, almost a 45% increase since the same time frame in 2021. 

If you have been involved in a car accident, it is important to get the help of an experienced Brooklyn car accident attorney. At Kucher Law Group, we provide skilled legal counsel and representation. We may be able to help you file a claim for compensation after your car accident. Call us today at (929) 274 8000 or fill out our online form to schedule your free consultation.

Car Accidents vs. Car Crashes

Due to these devastating statistics, there have been discussions among experts and safety advocates on changing the terminology surrounding car accidents. According to road safety advocates, car accidents connote that drivers involved in the collision hold no fault for causing the incident. On the other hand, car crashes reflect the fact that one or more of the drivers involved made poor judgments that resulted in the accident.

According to research by the National Highway Traffic Safety Administration, driver error remains to be, by and large, the major cause of auto collisions. Speeding, running the red light, distracted driving, speeding, failure to yield, and other similar actions constitute negligent driver behavior. Drivers have a duty of care to each other and are required to adhere to traffic laws. 

Negligence is defined as a breach of the duty of care expected of everyone using the roads. Traffic law is meant to dictate the rules of how to practice this duty of care in the interest of keeping everyone safe. When people deviate from the law, car crashes can occur.

Car crashes can be inconvenient at best but fatal at worst. Aside from medical expenses, the cost of rehabilitation and lost wages can leave a significant financial impact on a victim’s life. That is beside the personal, emotional, and psychological effects a car crash can have on a victim and their family.

When the crash is caused by negligent or reckless behavior, it can further magnify the pain and suffering the victim is already experiencing. At Kucher Law Group, we understand how helpless it may feel to be unsure about the next steps you should take after a car crash. Our experienced New York City car accident attorneys may be able to guide you on the legal measures you can take. Call now at (929) 274 8000 to schedule a consultation with one of our top-rated attorneys.

Third-Party Negligence

However, car collisions and accidents can also be caused by third-party negligent behavior. Third-party negligent behavior can be the failure to maintain roads or remove hazards that can cause accidents. The government has a duty to maintain the roads for the safe use of pedestrians and motor vehicles. Third-party negligence can be seen in the following:

  • Uneven roads and potholes
  • Overgrown vegetation that covers roadways
  • Defective traffic lights

Businesses and car manufacturers can also be liable for third-party negligence in the cases of the following:

  • Construction debris on roadways
  • Defective car parts and systems

If you have been involved in a car collision due to third-party negligence, getting the help of an experienced New York City personal injury attorney is necessary. Our team of skilled Manhattan personal injury attorneys at Kucher Law Group understands the inconvenience, stress, and frustration being involved in a car crash can cause. It may be difficult to establish negligence and premises liability in a third-party claim without the help of a qualified personal injury attorney. Especially in a case involving third-party negligence, our team can help you in filing a claim against the negligent party to pay for the damages incurred. Call us today at (929) 274 8000 to schedule an appointment.

What Should You Do After a Car Crash?

Regardless of how carefully you drive and follow traffic rules and regulations, the chance of being involved in a car crash still remains. Here are some actions you can take to help protect your rights and increase your chances of getting fair compensation:

Seek Medical Attention

Your priority after being involved in an accident should be your well-being. Damaged property can be replaced. Even if your injuries appear minor outwardly, you need to rule out the possibility of internal ailments that cannot be seen immediately. Car crashes can result in:

  • Contusions
  • Concussions
  • Internal bleeding
  • Broken bones – of particular note are spinal cord, ribs, and neck injuries
  • Paralysis
  • Post-traumatic stress disorder, and other psychological issues
  • Wrongful death

It is important to make sure that you address your medical needs first before taking other actions after a car accident.

Document Any Injuries and Property Damage

Any medical records or receipts you get can serve as evidence supporting your personal injury claim. It may also be helpful to ask a friend or other trusted individual to help you in documenting the scene of the accident or property damage while you recuperate. Photos of the extent of your injury would also be helpful in establishing your case.

File a Police Report

After the accident, you may need to file a police report if one was not lodged at the scene of the crash. You will need to fill out a form and mail it to the Department of Motor Vehicles in Albany.  The completed form will be helpful in validating the fact that you were indeed involved in a crash. 

Refrain From Making Statements About the Accident

It may be tempting to post about your experience on social media or to talk about it with your friends and family. However, any statement you make about the incident may be held as an admission of guilt or laying blame on the other party or parties involved in the crash. An insurance adjuster may use any statements you make as evidence to avoid paying you the settlement amount that you rightfully deserve.

Keeping the details of the incident to yourself, your lawyer, and a handful of trusted friends may be the best course of action until your case is settled.

Consult an Experienced New York City Car Accident Lawyer

One of the most important things to remember when filing a personal injury claim after a car accident is to never take a settlement over the incident before consulting an attorney. Under New York’s no-fault laws, insurance companies are the first entity that people turn to for compensation after an accident. However, in the interest of profit, insurance companies may engage in activities that shortchange the victim. In some cases, insurance companies may outright refuse to pay a settlement. Having the help of an experienced Manhattan car accident attorney will allow you to be more confident that your rights are protected.

At Kucher Law Group, we pride ourselves in our policy of keeping our clients’ rights and best interests a priority. Samantha Kucher, a top-rated Manhattan car accident, and personal injury attorney have helped many families claim compensation for the troubles they encountered after a car accident. We can help you negotiate a fair settlement but are willing to provide aggressive legal representation if the matter comes to court.

Schedule a consultation with experienced New York City personal injury attorney Samantha Kucher. Call us today at (929) 274 8000 for a free consultation.



source https://www.rrklawgroup.com/what-is-the-definition-of-a-car-accident/

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