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Category: Motor Vehicle Accidents

Injured in an accident? We can help. From car accidents, workers’ comp claims, construction accidents to medical malpractice and police misconduct, we have you covered. Check out our blog for helpful tips and examples of claims, including many related to motor vehicle accidents.
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Dealing With An Uninsured Person Who Crashed Into You

When you have been in an accident with an uninsured person, it’s important to look at all of your options in that situation.

Here are some of the most important steps to follow post-accident.

1. Collect Visual Evidence

The first step is a basic one. You are going to want to compile as much evidence as possible at the scene of the accident. This means taking pictures of both vehicles and getting all of the relevant information needed to prove your claim. You will also want to take the time to speak to witnesses that may have seen what took place. Write down their numbers, so you are not stuck in a situation where there is no viable witness for your legal claim. This will make it easier to represent your rights in court.

2. File a Police Report

This is an important step in the process after the accident takes place. Regardless if the other person has insurance or not, it’s important to have an officer take a report to help your insurance process go smoother. The officer will interview both parties as well as any witnesses at the time of the accident. The officer will also help you collect contact information from the other driver.

3. File an Uninsured Motorist Claim

Every car insurance company in New York provides some type of uninsured motorist coverage. This means they are going to have a separate category assigned for these claims. This is known as an “uninsured motorist claim” and you should take the time to move forward with a claim such as this one when the accident takes place. The goal will be to speak to your insurance agency and let them know what took place. They will go through the relevant details and make sure the claim goes through as intended. Have your insurance information available, as well as the details of the accident including the make and model of the other vehicle. Taking pictures will also help you even though the insurance company may send an adjuster out to gather their own information. Take the time to go through this with a legal professional if you don’t want to do it on your own. Many lawyers can do this on your behalf to make sure things work out as intended and you are not left in an unfavorable situation where the claim isn’t approved. Please note, it is very possible for your insurance company to say no to the claim. Uninsured motorist claims are auto claims, like any other, except that they are made against your own insurance company, and just like regular auto claims can be denied for many reasons, so can uninsured claims..

4. File a Legal Claim

  • This is an essential step to increase your likelihood of a fair and reasonable recovery.
  • You will want to make sure to speak to a qualified lawyer that handles these types of cases.
  • They will guide you through each phase of the process including potential settlement negotiations. Having a competent legal professional by your side is a must. The lawyer will have the ability to guide you through each phase of the process.

Final Thoughts

When you are dealing with an uninsured motorist claim, there are ways to get compensated for the damages. Don’t assume you are going to be out of options as soon as the accident takes place. There are viable options available to get the compensation you need. Take the time to go through the steps listed above and contact our office if you have additional questions.
car rear ended on streets

Common Causes Of Vehicle Accidents

Vehicle accidents happen across the world and there are several reasons why they take place. Each one is going to be unique but several patterns start to develop. There are specific causes that are going to pop up from time to time.

Here are some of the most common causes of vehicle accidents:

1. Speeding

There are speed limits on the road for a reason. Unfortunately, some drivers ignore these limits and tend to drive faster than is reasonable and prudent. Some drivers even go as much as double the posted speed, posing a great risk to other drivers. When this happens, the fast driver isn’t going to have the same control as they would if they were driving at the speed limit. It is also common for the other drivers on the road to compensate for a reckless driver. This means they may end up changing lanes to get away from the careless person, or slowing down. When someone is driving too fast, they will not have the same reaction time to stop, maneuver, or avoid an impending accident.

2. Distracted Driving

Due to the invention of cellphones, it has become more and more common for drivers to get distracted. They will look down at their phone while driving and that is all it takes for someone to lose focus. Most accidents occur because of a lack of attention to the road, this can include eating, drinking, adjusting the radio, or navigation system. Although phones are one of the leading causes of distracted type accidents, they are not the only source.

3. Fatigue

Many drivers will drive home after a long day at work or they may wake up early to get somewhere while still tired. This causes their reflexes to slow down and it becomes much harder to pay attention to the road. They may begin to nod off and that fatigue is what causes an accident. Even if the driver is paying attention to the road, they may not have the ability to react quickly to what is happening around them. This alone is more than enough reason for the accident to take place.

4. Poor Weather Conditions

This can include any type of weather condition where visibility is reduced and/or the road conditions are hazardous. Examples of poor weather conditions can include snow, rain, and/or fog. When this happens, it is possible for the vehicle not to operate as intended or the driver to lose control. These poor weather conditions can make it harder to compensate and take evasive measures that would have been easy on a dry road with a clean line of sight.

5. Running Red Light

Many drivers will go right through a red light because they weren’t paying attention and/or were in a rush. When this happens, it is common for other drivers not to notice the vehicle in their path since their light is green, they may assume they have right of way and they would be right. However, this leads to both vehicles crashing into each other.

6. Drunk Driving

This is a significant issue that has been prominent for decades despite the DUI laws. Those who drink and drive will not have the ability to react to the road due to their impaired abilities. It can cause them to delay their reaction time, not react, or not even know what is happening. This is a common cause of vehicle accidents and has resulted in many unnecessary deaths.

7. Reckless Driving

This refers to any type of reckless driving maneuver that leads to an accident. A good example of this would be zig-zagging on the road while trying to get past drivers, driving too fast, or not paying close attention to the road. This can lead to a loss of control, and invariably an accident that could have been prevented.

Final Thoughts

These are some of the most common causes of motor vehicle accidents on the road. It is important to remember these details when in an accident, so you can be aware of what the other driver did to cause the accident. This can help you when filing an insurance claim and/or a legal claim later on. When an accident has happened to you, make sure you have the right representation if you wish to file a claim or pursue legal action. Victims of motor vehicle accidents deserve compensation when injured by negligent drivers. At the law firm of Daniella Levi & Associates, P.C., we help accident victims hold at-fault drivers accountable. Call us today for a free consultation with one of our car accident lawyers. We provide free no-obligation consultations. If we agree to take your case, you don’t need to pay us anything unless we win you and your family the compensation you deserve.
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Is It Worth Retaining A Lawyer For Minor Car Accidents?

Is It Worth Retaining A Lawyer For A Minor Car Accident?

If you are ever in a minor car accident, you may wonder if it is necessary to obtain legal counsel for such an incident. In many cases, you may think that just exchanging information with the other driver and allowing your insurance companies to resolve the situation is enough. However, even minor impact car accidents can give rise to some serious and debilitating injuries that may not be readily ascertained at the time of the accident.

What Is A Minor Car Accident?

In general, a car accident that is regarded as minor results in only a small amount of damage to the vehicle. In most cases, both vehicles that are involved will not have excessive damage and will be able to drive away once the accident has occurred. Even if your vehicle has experienced only minimal damages, there are still many reasons why it is worth retaining a lawyer for a minor accident.

Why Would You Need An Attorney For This Type Of Accident?

You’ve got nothing to lose consulting with an experienced attorney, get your no-fault benefit set up and be examined by a medical professional. Why take chances? Sometimes symptoms may start to appear 72 hours after an accident. Speak to an experienced attorney, get a claim set up, get examined and let time tell whether or not your injuries are substantial enough that are worth pursuing. Certain circumstances may merit the need of a law firm, one that can represent you in court, especially if other people were involved. If people were injured, or if there were many other vehicles involved in the accident, it might be time to obtain legal counsel from a personal injury attorney that specializes in vehicular accidents. Here is an overview of whether or not you should consider getting an attorney for a minor car accident.

Should The Police Be Involved?

Where possible, it is always a good idea to call the police and get them to fill out a police accident report. However, during these times, the police may not always arrive and/or not want to deal with “minor accidents.”. In that case, take photos of your car and the other car(s) involved, including the plate numbers. Also, get the drivers’ information such as driver’s license and car insurance information.
Is It Worth Retaining A Lawyer For A Minor Car Accident?
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Do You Need An Attorney For An Auto Accident?

Accidents are inevitable, and no matter how careful you are, you may find yourself in one at one point in your life. Auto accidents can be quite expensive and time-consuming to deal with, especially if someone else’s negligence caused them. So, are you required by law to hire an attorney after an auto accident? At what point should you contact them? Are there situations where you can represent yourself? If you need answers to these questions., then you are in the right place. Below is a comprehensive guide on whether you need an attorney when you get involved in a car crash. First things first, you don’t necessarily need to hire a lawyer after a car crash, but really, there is no reason not to, and every reason to hire one. Best advice? Check with a lawyer who offers a free consultation. Since the consultation is free, you will get their professional opinion at no fee. They will tell you whether you have a strong claim in court or not. They will also advise you on how to navigate the process and how best to go about it. During this time, it is recommended to take advantage of the free consultation and ask all the questions you have. They will give you comprehensive answers, and help you figure out how to go about your case. What you do, or not do during the first few weeks/months after your accident may have a great deal of effect on the final outcome of your case. So take action immediately, call a lawyer for a free consultation.

There are some situations where hiring an attorney will come in handy.

They include:

• You Got Serious Injuries.

If you have been involved in a car crash and have severe injuries resulting, it is recommended to call an attorney. This is because they will help you get the right specialists for the injury and hold the at-fault party accountable.

• The Medical Bills Are Overwhelming.

Medical bills can take a toll on you and your family after an accident. You will need to pay for the surgeries, treatment, medication, therapy, and other medical bills, which can adversely affect your finances. Here is where an attorney will come in handy. They will fight for you to ensure that you recover damages incurred.

• You Have Missed Work Due To Injuries Sustained.

If you have not reported working after the car crash or cannot do the job as you would before, then it is prudent to hire an attorney. Insurance companies usually undervalue the missed workdays, but having a lawyer at your corner will help you get compensation for days missed and loss of future earnings if you do not go back to work.

• The Insurance Company Refuses To Compensate You.

Insurance companies play the hardball when it comes to compensation. Most of the time, they will deny the claim or try to find reasons to pay you the least amount of money possible. Since they have their best interests at heart, it is advised to get a lawyer who will fight for you to ensure that you get maximum compensation. If you or your loved one has been involved in a car crash, it is advised to visit an attorney for their free consultation services. Here, you will be able to gauge whether you need their services long-term, or you will go by it alone.

Motor Vehicle Accident Attorney

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Injured While Riding in an MTA Bus: Accident Attorneys

Riding in a bus is generally a safe and easy way to get around NYC. We see them on the streets all the time. The New York Transit Authority reports that 8 million people make a trip on their buses every day. The National Transportation Safety Board did a study on fatalities while riding in a car or bus vehicle and found that the passenger car occupant fatality rate was five times the rate of deaths while riding in a bus. Even though riding in a bus is pretty safe, it doesn’t guarantee that you’ll never get hurt. In some cases, you may get more severe injuries because buses are not equipped with the same safety features you see in a car such as seat belts and airbags. Buses also have a higher risk of a rollover, which means you will likely get ejected from your seat in the event of a serious accident.

What Causes a Bus Accident?

While not an exhaustive list, here are some of the reasons a bus may get into an accident.
  • The driver falls asleep at the wheel or is otherwise driving impaired.
  • Defective bus equipment.
  • Failure to observe traffic laws.
  • Road conditions and construction problems.
  • Vehicle handling problems and/or defects.
  • Weight distribution problems affect stability.
Aside from a bus getting into an accident, you may also be injured if you are walking to or from your seat, and the bus driver makes a sudden stop or hard acceleration. They are supposed to wait until all passengers are seated in order to move away. If an elderly or infirm person needs more time to get to their seat, but the bus pulls away, that’s a recipe for disaster.

Liability

Bus accident lawsuits can be complicated because your lawyer needs to be well-versed in NY traffic laws, as well as regulations that govern bus operators like the NYTA. The MTA may have a separate set of rules and regulations. There may be multiple parties responsible for your injuries, including:
  • Other vehicle drivers.
  • City and state government entities.
  • The bus driver.
  • The management company (who manages and maintains the buses).

What to do

It can be difficult to determine which party is at fault, so it’s always a good idea no matter what kind of accident you get into to take a lot of pictures with your phone to help us with your investigation. Get statements from witnesses and write down as much information about what happened as possible. If you are injured in a vehicle owned or operated by the New York City Transit Authority you will need to file a notice of claim within 90 days of the accident or your claim will be denied. It is very important that you or a member of your family secure immediate and competent legal counsel as soon possible. Taking the right legal action after a bus accident in NYC with an experienced law firm such as Daniella Levi and Associates, P.C. can provide you with the compensation that you deserve. When you call our New York bus accident lawyers and come in for your free consultation, we’ll be able to get the process started without delay.

For all correspondence, please use the Queens office address.

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