Car Accident Lawyers
Getting over the effects of a Westchester car accident can be hard on victims’ bodies, minds, and wallets. But if the accident was caused by another driver’s carelessness or recklessness, you may be able to get your money back through legal means, which can make your life a little easier after the accident.
People who get hurt in car accidents can file lawsuits against the individuals who caused the accident. Negligent driving can look like swerving, following too close, or texting while driving, among other things. You should know that drivers who are at fault will probably try to say that you were also at fault for your injuries. You should also know that you only have three years from the date of the accident to file a lawsuit.
Car accident lawsuits can be complicated. If you want to obtain the money you deserve, you should consult with a Westchester car accident attorney. Talk to a skilled Westchester car accident lawyer at the Law Office of Cesar Zuniga, Esq. if you think that another driver caused your injuries. Call us at (914) 677-1330 to set up a phone consultation today.
Causes of Westchester Car Accidents
To win your car accident lawsuit for injuries, your attorney will have to prove the other driver was at fault. Most of the time, the best way to prove this is to show that the other driver was careless or reckless while driving. Here are some of the most common ways that a driver’s carelessness or lack of caution can cause an accident and make them responsible for it.
Driving While Texting
One of the most dangerous distractions on the road is using a phone while driving. Texting while driving can cause drivers to lose their focus and see less of what’s going on around them. Even when a driver is stopped, looking at a cell phone can make them think that a red light has turned green and cause them to speed up into a busy intersection or across a pedestrian crossing.
Abruptly Changing Traffic Lanes
Traffic can make drivers do crazy things. Reckless drivers tend to abruptly switch lanes to find the fastest route. Most of the time, accidents happen because drivers get impatient, anxious or angry and take risks they shouldn’t. When a driver changes lanes quickly without using a turn signal, it can be dangerous for cars in other lanes.
Driving Closely Behind Another Driver/Tailgating
Tailgating is common when there is a lot of traffic, but it can also happen on long stretches of highway with little traffic. It is up to the driver to leave enough space between their car and the car in front of them so that they can stop safely and in control. If you don’t do this, you’re more likely to hit the car in front of you. Almost always, the driver of the car in the back is found to be at fault in a rear-end collision.
Driving at Excessive Speeds
If you can show the other driver was going too fast when the accident happened, it’s usually easier to show they were careless. Reckless driver sometimes ignore posted speed limits and have no regard for the safety of other drivers on the road. When a car is going fast, the driver and other drivers around them don’t have much time to respond to changes on the road.
DUIs and DWIs are serious crimes that can be used to prove fault in a car accident lawsuit. If another driver who caused your accident was drunk or on drugs, you may be able to get punitive damages on top of the money you get for your injuries. Talk to a Westchester car accident lawyer right away to find out if the other driver’s actions mean that you can sue for punitive damages.
New York Law Applicable to Westchester Car Accidents
New York is a “pure comparative negligence theory”. Under this legal theory, a person’s responsibility will be lessened based on how careless the other person was. For example, if the defendant can prove that the plaintiff caused 20% of the accident by being careless behind the wheel, the plaintiff will only be able to recover 80% of the money they are suing for.
If the plaintiff’s level of negligence is more than 50%, they won’t be able to obtain a recovery from the defendant for their injuries. So, it’s likely that the defendant in your case will try to prove that you were also careless to absolve themselves of responsibility.
Our Westchester Car Accident Lawyers know the common defenses about “comparative negligence” and can help you prepare your case so that you can get the most money possible.
Limited Time to File a Car Accident Claim
In New York, you have three years from the date you were hurt in a car accident to file a claim for damages. If you miss the three-year deadline, the judge will will likely dismiss your case at the inception of the case. Because of this, it is very important that you act quickly and contact one of our Westchester car accident lawyers.
Contacting a Car Accident Attorney to Represent You
Need Help with Your Bus Accident Case in Westchester? Our bus accident lawyers can help.
At the Law Office of Cesar Zuniga, Esq., we think that every person hurt in a car accident should know if they can obtain a recovery by filing a lawsuit. Call us at (914) 677-1330 to speak to one of our skilled Westchester car accident lawyers about your case.
We can assist with other types of personal injury accidents as well.
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