New York has some of the busiest roads in the country, so it’s no surprise that car accidents happen often. Traffic laws play a big role in determining who is at fault and how claims are handled.
Lawyer Kenneth A. Wilhelm has helped many clients navigate these complex laws, ensuring they get the compensation they deserve. Understanding how these laws impact car accident cases can help you make better decisions if you ever find yourself in such a situation.
So here are 5 ways New York’s traffic laws impact car accident cases:
1. Right of Way and Fault Determination
New York has clear right-of-way laws, and violating them can affect your accident case. If a driver fails to yield when required, they are likely to be held responsible for the crash.
For example, if someone runs a red light and hits another car, they are at fault. However, proving this requires strong evidence, like traffic camera footage or witness statements. A well-informed car accident attorney in NY can gather the right proof to support your claim.
2. Comparative Negligence Rule
New York follows a pure comparative negligence rule, meaning you can still recover damages even if you are partly at fault. However, the amount you receive is reduced based on your percentage of fault.
So, if you were found 30% responsible, your compensation would be lowered by that percentage. Insurance companies often try to shift more blame onto the victim, so having the best car accident attorney in New York can make a huge difference in how much you recover.
3. No-Fault Insurance System
New York has a no-fault insurance system, which means your own insurance covers medical bills and lost wages after an accident, regardless of who caused it. However, this system has limits. It only covers economic losses and does not include pain and suffering.
To step outside the no-fault system and file a lawsuit, your injuries must be considered “serious” under state law. A NY car accident attorney can help determine if your case qualifies for additional compensation.
4. Strict Time Limits for Filing Claims
The law sets strict deadlines for filing claims after a car accident. In New York, you typically have three years from the accident date to file a personal injury lawsuit. However, if a government vehicle was involved, you may have as little as 90 days to file a claim.
Missing these deadlines can mean losing your right to compensation. That’s why acting quickly and consulting a car accident attorney in New York is so important.
5. Traffic Violations and Liability
Traffic violations can heavily impact a car accident case. If a driver was speeding, texting, or driving under the influence, it could strengthen your claim. Police reports, breathalyzer results, and witness testimonies are key in proving negligence.
Additionally, New York’s strict laws against distracted driving mean that even checking a text message could be used as evidence of fault. A lawyer Kenneth A. Wilhelm has the experience to use these violations to build a strong case for his clients.
Wrapping It Up
New York’s traffic laws can be tough to navigate, especially when dealing with an accident claim. Did you know that in 2022 alone, there were over 100,000 car accidents in New York City? That’s a staggering number, and many victims struggle to get fair compensation.
If you’ve been in a crash, seeking legal help quickly can protect your rights. Reach out to an attorney who understands the system and can fight for what you deserve.