Gathering Evidence for Car Accident Cases

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

The seconds and minutes after a car crash are often chaotic. You may feel confused and in shock. But the steps you take immediately after a collision will impact your ability to recover financial compensation for physical injuries, mental anguish, and property damage.  

Here, New York City car accident attorneys with Friedman, Levy, Goldfarb, Green & Bagley, P.C. explain why evidence is critical and how to collect it if you are involved in a life-changing motor vehicle accident.  

Why Gathering Evidence is Crucial in Car Accident Cases 

A serious auto accident can have far-reaching effects on a person’s mental, physical, emotional, and financial well-being. Accident victims may need extensive medical care. They may experience pain and disability that keeps them from working and earning income. Car accident case evidence is the key to recovering financial compensation for these losses.  

The Role of Evidence in Proving Fault 

It only takes seconds for a devastating accident to happen. As a crash victim, determining precisely what went wrong and who is at fault is often difficult. Evidence from the scene establishes the facts: what happened, why it happened, and who is to blame.  

Without these critical details, the at-fault driver is likelier to deny blame, avoid consequences, and escape justice. Because accident photos, camera footage, and eyewitness accounts are tough to disprove, these and other evidence will bolster your claim and increase the likelihood of a fair settlement or favorable court outcome.  

The Impact of Evidence on Settlement Offers 

The presence of solid evidence is one of the primary factors that influence car accident settlements. When negotiating with an at-fault driver’s insurance company and car accident attorneys, the evidence you and your attorneys obtain helps establish liability and position you for a positive outcome.  

Compelling evidence makes it harder for the other party to dispute the facts or offer less than you deserve. With indisputable documentation that proves how and why a crash occurred, you can maximize your settlement and potentially avoid the time and stress of court proceedings.    

Types of Evidence to Collect After a Car Accident 

Car accident evidence comes in many forms. Knowing what to look for after an unexpected crash is helpful if it should ever happen to you.  

Physical Evidence at the Scene 

Physical evidence refers to objects at the scene that help prove how and why the accident happened. Physical evidence can include:  

  • Photos  
  • Video footage 
  • Cell phone usage records 
  • Skid marks and tire tracks  
  • Debris from the accident 
  • Road and weather condition reports 
  • Damage to vehicles and other property  
  • “Black box” data and other vehicle information 

If you are unsure whether certain physical evidence is helpful for your claim, always assume it is and save it.  Once the accident scene is cleared, these valuable details can be lost forever.  

Your personal injury attorney works with you to gather this information and carefully reviews it to determine if it benefits your case.    

Dashcam and Surveillance Footage 

Video footage from vehicle dashcams and nearby homes and businesses provides unbiased, objective accident evidence. It shows the events that led to the crash, clearly establishing fault and adding credibility to your account of the event—and your case overall.   

If you are wrongly accused of liability for an accident, footage from the scene can establish the facts and protect you against these allegations.  

Dashcam Tips for Preserving Evidence  

Anyone considering equipping their vehicle with a dashboard camera should choose a model with certain key features. A G-sensor that preserves footage after a crash is detected is essential if the footage is to be used as evidence in an accident claim. Night vision records after sunset and parking mode records when the vehicle is parked and unattended.  

After a crash, back up your footage to a separate, secure device before the cam overwrites it to save space.  

Witness Statements 

Sometimes, the most powerful evidence in a car accident case is an account of someone who saw or experienced the crash. Statements from individuals involved in the collision and bystanders who witnessed the event can be the most powerful types of evidence used in civil accident claims.   

Medical providers who diagnose and treat the accident victim can also provide witness statements regarding the victim’s injuries and prognosis. Forensic experts specialize in analyzing physical evidence to determine the factors contributing to a collision, including accident reconstruction. Their findings are critical for establishing causation and liability for motor vehicle accidents.  

Police Reports 

New York State requires motorists to contact the police and file a crash report after a car accident if:  

  • Someone is injured or killed 
  • Property damage over $1,000 occurs 
  • A domestic animal is injured or killed 
  • Damage occurs to a parked car or other property, and the owner cannot be located  

The officer who responds to the scene should document injuries and property damage, and assess the circumstances of the accident to the best of their ability. Their police report sheds light on how the crash occurred and who is responsible.  

Medical Records and Bills 

Medical records document how the victim was harmed in a car accident and the treatment they received. They describe future care needs and treatment, rehabilitation, and medication costs. Medical evidence includes the findings of tests and exams, a detailed treatment record, and recommended follow-up care like occupational or physical therapy.  

This evidence establishes a link between the accident and the victim’s injuries. Because medical records are protected by federal privacy laws, personal injury attorneys must obtain your consent and formally request them on your behalf.   

Common Mistakes to Avoid When Gathering Evidence 

You should never rely solely on law enforcement officials to obtain evidence after a car accident. Once you have checked yourself and others for injuries and called 911 for help, gathering evidence should be the next step.  

Here are some common missteps to avoid when documenting the accident scene:  

  1. Delaying Evidence Collection 

You have a short window of time to collect evidence after a crash. If the other party is responsible, they may act quickly to destroy evidence or leave the scene. Take photos of physical injuries and property damage immediately.  

It’s also important to record conditions that contributed to the accident, including missing or malfunctioning traffic signs and signals, unsafe road surfaces, and poor visibility. If you cannot do so because of your injuries, ask someone at the scene for assistance. If you wait to document these details, liable parties may take steps to correct them—casting doubt on your claim.    

  1. Not Seeking Medical Attention 

Another common mistake is not seeking medical care after a crash. While some accident injuries are evident after an accident, others do not have immediate or obvious symptoms. Conditions like whiplash, head, neck, and spine injuries, and internal bleeding can develop and worsen over time.  

For that reason, it’s vital to see a healthcare provider shortly after a crash to check for these and other conditions that, left untreated, may lead to serious health complications. Delaying medical treatment is also problematic in terms of evidence. If too much time elapses between the accident and medical treatment, the other party’s insurance provider and attorneys can raise doubts that your injuries are related to the crash.  

  1. Failing to Seek Legal Advice Early On 

Another common oversight among car accident victims is waiting too long to seek legal counsel. They may believe their case is “open and shut” and don’t fully understand the importance of legal consultation after an auto accident.   

Navigating a car accident claim without an attorney could cost you the full and fair settlement you deserve. You could unwittingly accept an unfair settlement or have your statements used against you. Without a trusted legal advocate, there is no one to protect your interests and your rights throughout the legal process.  

How a Lawyer Can Help with Gathering and Preserving Evidence 

With over five decades of experience, Friedman, Levy, Goldfarb, Green & Bagley, P.C. personal injury lawyers are the right team to lead your case. We have the skills and determination to take on insurance companies and lawyers who do not want to take accountability for their client’s actions.  

We dedicate considerable time and resources to car accident evidence collection, allowing us to build the most compelling case possible. We pursue every possible avenue to prove how and why the crash happened—and show how it has impacted your life. We fight hard for settlements and court awards to help victims rebuild and move forward after a devastating personal injury.  

Call or connect online to schedule a free consultation today. From our office in New York City, Friedman, Levy, Goldfarb, Green & Bagley, P.C., represent clients in Manhattan, the Bronx, Brooklyn, Long Island, Queens, Staten Island, Westchester County, Rockland County, and Hudson Valley, New York.

Medical Treatment & Documentation After a Car Accident

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Recent data from the National Highway Traffic Safety Administration (NHTSA) shows more than 2.3 million people were injured in motor vehicle accidents in a single year. For many, these injuries are physically and emotionally life-changing.  

Prompt medical care after a crash is essential to avoid further complications and protect your right to sue for damages in civil court. New York City car accident lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. share the importance of documenting your injuries and how this evidence is used to build a compelling case for a fair settlement or favorable court outcome.  

Why Immediate Medical Treatment Is Crucial After a Car Accident 

After a car accident, it is possible not to have pain—even if you are injured. The body responds to stressful events by releasing hormones like adrenaline and cortisol, which engage the “fight or flight” response. Fight or flight is the body’s way of helping us react quickly during life-threatening events.  

This innate survival mechanism can also mask pain and distract our attention from injuries. This is problematic when an injured person declines medical treatment after a car accident because they initially seem okay—only to discover they are seriously hurt.  

Early treatment after a crash is also critical because some car accident injuries do not cause immediate symptoms. Organ damage, sprains and strains, bone fractures, and traumatic brain injuries (TBIs) can develop or worsen over time. Left undiagnosed and untreated, these injuries can potentially lead to chronic pain and permanent disability.    

Protecting Your Health: The Risk of Untreated Car Accident Injuries 

A car accident can cause severe trauma to the body, even if vehicles are moving at a lower rate of speed. When a car crashes into another vehicle or other object, three collisions take place:  

  • The vehicle collision: The vehicle makes contact with the other object.  
  • The human collision: The occupant continues moving toward the point of impact at the same speed until it connects with an outside force (like a seatbelt, vehicle interior, or outside surface in an ejection.) 
  • The internal collision: The occupant’s internal organs move toward the point of impact within the body. 

So, even if you are wearing a seatbelt or your airbags deploy during a crash, your internal organs can still shift within the body, causing bleeding, bruising, or tearing. Someone who appears uninjured may actually have extensive internal trauma that requires urgent medical treatment. Without timely care, these injuries can become life-threatening.  

How Medical Documentation Supports Your Legal Case  

Medical care is essential for personal injury claims not only to protect your health and well-being. Your medical records are also used as evidence to prove your injuries and show how they have impacted your life.  

Suppose you do not seek treatment or adequately document your care after a car accident. If that happens, you weaken your case and risk losing financial compensation to pay your expenses and rebuild after a devastating injury.  

Establishing Causation 

New York personal injury lawyers use your medical records to establish how and why you became injured. This is a concept called causation, and it is one of several elements required for plaintiffs to prove negligence in car accident cases and recover financial damages.   

The treating physician’s notes, along with diagnostic tests and treatment plans, show you became hurt during the accident and not due to a pre-existing condition. Medical professionals may also evaluate a case and provide expert opinions on what caused the victim’s injuries, recommended treatments, and the long-term prognosis for accident survivors.  

Strengthening Your Position for Fair Compensation 

The strength of your case depends in large part on the evidence provided. If you do not seek medical treatment after a car accident or wait too long to see the doctor, you open the door for the defendant’s attorney to question the validity of your claim or offer a lower settlement than you deserve.  

Documenting Treatment: The Role of Medical Records in a Car Accident Claim 

Clear, objective, indisputable medical evidence is essential for establishing that you were injured and those injuries require treatment. Medical records also show how your injuries have negatively impacted your quality of life.  

Maybe you are permanently disabled or can no longer work after a serious car accident. Traumatic events also leave lasting emotional scars. Car accident survivors can experience anxiety, depression, and post-traumatic stress disorder that affect their mental well-being and overall enjoyment of life.   

Severe injuries also create a significant financial burden. Between doctor visits, hospitalization, surgery, medication, and rehabilitative therapy, treatment can be incredibly costly, even with health insurance. Without medical records to verify these losses, they may go uncompensated, leaving injured victims without resources to recover physically, emotionally, and financially.    

Keep Records of All Medical Visits 

Now, let’s focus on ways to preserve the critical evidence you need to prove your personal injury claim. First, save all documentation for healthcare services related to your car accident, including: 

  • Emergency room care 
  • Surgery and hospitalization 
  • X-rays and other diagnostic tests  
  • Physical therapy 
  • Occupational therapy  
  • Medications 
  • Medical aids  

Many providers utilize electronic health records (EHRs), making storing and accessing your medical data easier. Make copies of your EHRs and share them with your attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. We carefully review this information to collect evidence vital to your claim.  

Document Pain and Suffering 

Although physical and mental pain and suffering are more challenging to document, they are just as impactful. New York State allows damages for pain and suffering in personal injury lawsuits when a serious injury has occurred.  

 There are several ways to document pain and suffering after a car accident:  

  • Personal journal: Use a journal to record how your injuries affect your day-to-day routine and your mental health. Be specific when describing your pain and physical limitations, and be sure to date each entry.   
  • Counseling records: Therapy or counseling can be beneficial after a traumatic event. Records from your sessions help to prove mental anguish.  
  • Witness statements: Observations from family, friends, and coworkers are also helpful to show how you have changed since the accident.   

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we thoroughly investigate your case and determine the value of your claim based on all the ways your accident has affected your life.  We fight for the settlement or court award that truly reflects your losses—so you can focus on healing and rebuilding.  

Avoid These Mistakes With Car Accident Documentation for Medical Treatment 

Some common oversights can derail your claim and prevent you from achieving full and fair compensation for your car accident injuries.  

Inconsistent Medical Treatment 

Following your provider’s guidance is necessary to build a solid personal injury claim. If you don’t complete medical treatment, the defendant’s insurance company and attorneys can argue that your injuries are not as severe as you claim. Adhere to your treatment plan and be diligent about documenting every visit and procedure to preserve the integrity of your case.  

Underreporting Symptoms 

Another common mistake car accident victims make is dismissing or downplaying their symptoms. As discussed above, traumatic injuries do not always have immediate and obvious symptoms. Always see a provider after a crash and share any concerns with your doctor—no matter how slight. Mild symptoms can indicate an emerging problem that requires timely medical treatment.  

Seeking Legal Representation: The First Step Toward Justice  

If you are hurt in a motor vehicle accident in New York and have questions about your rights, a free, no-obligation case review with an attorney is a crucial first step. The importance of legal consultation after a car accident cannot be understated. Without a skilled advocate in your corner, you can make costly mistakes that weaken your case and jeopardize your right to compensation.  

To get started, call or connect online. There is no fee unless we win your case. Based in New York City, Friedman, Levy, Goldfarb, Green & Bagley, P.C. proudly represents clients in and around Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Long Island, and across New York State.

The Importance of Legal Consultation After a Car Accident 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Car accidents are jarring, especially when they are caused due to the negligence of another party. In the aftermath, medical bills, missed work, and stress add to the overwhelm. It is always wise to get a legal consultation after a car accident. An attorney can answer your questions and assess your case, which will help alleviate your anxiety and worry. Further, they are indispensable because they understand how to navigate New York’s complex traffic laws and personal injury regulations. 

If you’ve been hurt in a car accident, contact us at Friedman, Levy, Goldfarb, Green & Bagley for a free consultation. Our team will fight for your legal rights and seek full and just compensation for your injuries. 

Injured in a Car accident? Let Us Fight for Your Rights!

The Legal Process is Complex 

Holding negligent motorists accountable for their actions takes dedication, experience, and tenacity. The legal system is complex, and there are many pitfalls. Having a lawyer who understands how to maximize your financial recovery is invaluable. 

During a consultation, an attorney can answer questions and address concerns about the process, from filing a lawsuit to taking a case to trial. They could also offer context for past settlement offers or how a judge has ruled in similar cases in the past.  

In addition, once you retain them, they can also do the following for you:  

Evaluate and Assess Your Case 

Your lawyer can determine the odds of success by evaluating your case. While they cannot guarantee a specific outcome, they can help you understand the strengths and weaknesses of your claim. They can also advise you on the types of damages that might be available to you if you are successful, e.g., lost wages, medical bills, and pain and suffering.  

Negotiate with Insurance Companies 

Many car accident cases do not go to trial. In fact, a large percentage of them end in a negotiated settlement agreement. Dealing with insurance companies can be challenging, especially when they act in bad faith by consistently offering lowball settlement amounts. Your attorney could deal with the insurance adjuster to resolve your case fairly.  

Turn Your car accident into a Step Towards Justice. Contact Us Today!

Litigate Your Case  

While a negotiated settlement is typical, there are inevitably instances when working out a deal is impossible. Some defendants do not have the resources needed to make you financially whole, while others might simply refuse to accept responsibility. When this happens, going to court becomes necessary. Our firm could handle every aspect of your lawsuit, from filing the petition, gathering compelling evidence to support your claim, and preparing you for trial.  

Contact Us Today for a Free Legal Consultation 

If you are ready to recover fair and reasonable compensation for your damages after a car accident, it is time to contact our trusted car accident lawyers in New York City for a free consultation. There is no obligation to hire us. Since we work on a contingency basis, you will not pay attorney’s fees unless we win. We look forward to hearing from you.  

The Legal Process Of Filing A Car Accident Claim In New York

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

If you’ve been in a car accident in New York, know how to protect your rights. Always report the accident and seek medical attention. Contact your insurance company and file a notice of claim within 30 days. However, do not give them a statement until you’ve spoken to a lawyer.  

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our team of trusted car accident lawyers in New York City is prepared to leverage our substantial resources and experience to fight for your right to recover compensation after a car accident for your losses and damages. Contact us today for a free consultation. We’re happy to assess your case and answer your questions.  

Your Recovery Is Our Priority. Reach Out to Us for Legal Assistance!

File a Report 

After an accident, be sure to call the police so there will be an official record of your accident. Insurers can’t review your claim or pay a reasonable settlement without this. Further, New York requires accident victims to file a report if total property damage exceeds $1,000 or if there are personal injuries or a fatality. These rules apply even if you are the only one involved in the accident.  

New York is a “No Fault” State: What Does That Mean? 

New York is a “no-fault” state, leaving drivers reliant on their insurance policies to recover for medical expenses, lost wages, and property damage. So, if you were hurt in a crash, you can seek compensation through your personal injury protection (PIP) insurance policy–no matter who was at fault—but only up to policy limits.  

While these benefits are helpful, they rarely cover the losses in a severe collision. For example, you could sue the other driver if they caused the accident and you sustain a serious injury, e.g., a bone fracture or disfigurement. An attorney could further advise you on maximizing your car accident compensation in New York.  

File a Notice of Claim 

Within 30 days of your accident, you will need to file a Notice of Claim with your insurance provider. This document formally notifies the insurer that you intend to file a claim and seek benefits under your policy. While some exceptions allow late filing, it is always in your best interest to avoid delays when possible. Providing notice of a pending insurance claim is one thing. You must also provide supporting documents, e.g., proof of your losses, including your medical bills.  

Injured in a car accident? Let Us Fight for Your Rights!

One of the primary benefits of going through the no-fault system is that insurance companies are required by law to act quickly. You should receive either full reimbursement for your losses or notice that the insurer is disputing your claim within 30 days of filing it.  

Schedule a Free Consultation With An Experienced Car Accident Lawyer 

It’s always wise to speak to an attorney following a car accident. We are ready to help you understand the process of filing a car accident claim in New York. Schedule a free consultation; there is no obligation to hire us. Since we work on a contingency basis, you will not pay attorney’s fees unless we win compensation. 

Top 3 Factors Influencing Car Accident Settlements 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Because no two motor vehicle accidents are exactly alike, it’s essential to understand the factors that can influence a car accident settlement. One of the most crucial is whether or not the at-fault party has adequate insurance coverage. If they are underinsured or driving without insurance, it can be challenging to recover for your damages and losses, especially if you have sustained serious injuries.  

In all cases, it’s best to seek legal counsel. At Friedman, Levy, Goldfarb, Green & Bagley, if you’ve been hurt due to the negligence of another party, we are prepared to leverage our considerable resources and experience to fight for your right to a fair and reasonable damages award. If you have questions about car accident settlement and compensation, our team is ready to help. We invite you to call us to arrange a consultation at no cost to you. Our personal injury attorneys will aggressively pursue all possible avenues to obtain the compensation you deserve.  

Turn Your Car Accident into a Step Towards Justice. Contact Us Today!

1. Insurance plays a crucial role in car accident settlements 

As noted above, the existence of liability insurance coverage could dramatically impact the value of a settlement. If the other driver has ample coverage and your case for negligence is strong, you may be able to recover an award that pays for all of your losses. If the at-fault driver has a low policy limit or lacks insurance, getting the full value of your claim could be more challenging. However, New York has “no-fault” insurance rules. You’ll be required to recover benefits from your car insurance policy first, regardless of who caused your accident. It will reimburse you for medical expenses and wages up to policy limits.  

2. The severity of your injuries is another important consideration for car accident settlements 

In most cases, severe injuries such as traumatic brain injury, disfigurement, or permanent scarring often result in a larger settlement. The victim will likely be unable to work for an extended period of time and thus cannot provide for themselves or their families. In addition, they often suffer from chronic pain, depression, and other symptoms of trauma.  

If your injuries are serious, as defined by state law, you have an opportunity to step outside of the no-fault system and pursue legal action against the responsible party. You could be eligible to recover for economic damages, i.e., medical expenses, lost wages, and non-economic damages, such as pain and suffering.  

Our experienced car accident lawyers in New York City could help you pursue the compensation you deserve.  

Your Recovery Is Our Priority. Reach Out to Us for Legal Assistance!

3. Be wary of the statements you make after an accident 

Avoid apologizing, even if it’s a general statement such as I’m so sorry this happened; this may be used against you when determining fault. If you are asked to make a statement to the police or your medical provider, state only the facts as you can remember them without admitting fault or assigning blame to the other party. Finally, it is not in your best interests to provide an insurance claims adjuster with a written or recorded statement without first speaking to an attorney.  

Contact Friedman, Levy, Goldfarb, Green & Bagley for a free consultation 

There is no question that your choice of lawyer can significantly impact your car accident case. Our firm was founded on the principle that all people are entitled to competent, trustworthy, and aggressive legal representation. We have won millions of dollars in awards for injured clients to cover medical bills, lost wages, pain, suffering, and rehabilitative care. Contact us today for a free consultation. We will be happy to advise you of your right and opportunity to recover compensation for your losses.  

Car Accident in a Construction Zone: Who Is at Fault?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident


A routine drive can suddenly turn hazardous when the road becomes a construction zone. In addition to abrupt changes in the landscape, construction zones can be accompanied by hesitant drivers who make poor decisions, as well as obstacles in the path of travel. Due to the other parties and factors involved, these accidents can be more complicated than non-construction zone crashes. A qualified car accident lawyer can sort through the details to hold those at fault responsible.

Increased risks in a construction zone

Whether or not construction workers are present, a construction zone carries with it additional risks.

Each construction zone crash is unique, but some common factors include:

  • A sudden change in speed limit
  • An abrupt change in traffic patterns, including narrowed or reduced number of lanes
  • Unclear signs to indicate a change in traffic flow or detours
  • Changed signal operation
  • Workers and equipment entering the road
  • Confused drivers

Who is liable for a New York construction zone accident?

There is no universal answer to who is at fault for a work zone crash. Just as in any other auto accident, a party who was negligent may be held responsible for the portion of the damages caused by their actions.

One of the complicating factors in a construction zone accident is the number of parties who may be involved. Were the traffic signals improperly timed? The municipality and the civil engineers who programmed the signal may be legally responsible.

Did the road crew leave equipment or debris in the path of traffic? The construction company or government may be at fault.

Another driver who initiated the crash may also be partly to blame. Each situation calls for an informed analysis to determine who may be liable.

How to prove fault for a construction zone accident

Proving a defendant’s breach of duty is necessary to receive compensation for an accident. Every driver on the road is under a duty to act reasonably and control their vehicle. Government entities and construction companies have a duty to plan the project and take required precautions, like installing temporary traffic devices. Engineers who develop plans for the construction must meet the standard of care for other professionals in their locale.

In some cases, a jury can decide whether the defendant, such as a reckless driver, acted negligently. When the defendant is a professional such as an engineer, it is necessary to hire an expert witness who can explain what the standard of care for the profession required. Failing to meet the requirement to prove legal fault will jeopardize your right to recover compensation.

Choosing a New York City lawyer: Why experience matters

A serious car accident can sideline you physically and financially, but the law allows those injured by someone else’s negligence to recover compensation from those who caused the injury. Establishing fault in a construction zone accident can be more complicated than in other car accidents, so it is important to choose a New York construction accident attorney experienced in work zone accident claims.

The attorneys at Friedman, Levy Goldfarb & Green provide strong representation to clients throughout New York City, from Brooklyn to the Bronx, who are facing complex claims. Call today to schedule a free consultation to see how we can help you through yours.

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Common Rear-End Collision Injuries

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Rear end collisions are a leading cause of automobile-related injuries in the United States. In addition to physical and mental pain and suffering, victims can incur medical bills, lost wages, and other financial losses due to their crash-related injuries.

More often than in other types of crashes, rear-enders are caused by one party’s negligence. The New York City car accident attorneys at Friedman, Levy, Goldfarb & Green fight on behalf of accident victims to hold those at fault accountable.

Common injuries in rear-end collisions

Due to the physics involved in a strike from behind, certain types of injuries are common in rear-end accidents:

  • Whiplash injuries – A violent jerking forward and back can cause a sprain to the soft tissue of the neck and back. The pain it causes may resolve within a couple of weeks or continue for a year or more. Signs of the injury may not appear immediately.
  • Head injuries – Striking one’s head, even if the airbags deployed, can cause swelling, bruising, cuts, and even traumatic brain injury. Warning signs like loss of consciousness, impaired speech, dizziness, and reduced cognitive function should be evaluated by a doctor as soon as possible because they may indicate a brain injury.
  • Paralysis – A serious blow that injures the spinal cord or brain can render the victim paralyzed. The degree of paralysis and body parts affected depend on where along the brain or spinal cord the injury occurs.
  • Back injuries – In addition to spinal cord injuries, the force of a hit from behind can cause slipped or herniated discs, fractures, and sprains, leading to potential long-term pain and disability.
  • Facial injuries – The impact may cause the victim to hit the dashboard, steering wheel, or windows, leading to facial disfigurement. Even the impact of striking the airbags can cause facial injuries.
  • Broken bones – Drivers tend to tense up and brace the steering wheel during an impact, increasing the likelihood of injuries like broken wrists.
  • Seat belt injuries – Though the benefits of seat belt use generally outweigh the costs, the nearly instantaneous tightening of the seat belt during an accident can cause bruises and cuts across the body.

Taking care of rear end accident injuries

It is all too common that rear-end collision victims overlook the early signs of an injury. Damage from whiplash, other soft tissue injuries, and even brain damage may not be immediately apparent. Seeing a doctor as soon as possible after the accident allows you to treat the injuries as early as possible and potentially limit your suffering.

Seeing a doctor early also provides evidence of the effect of the impact. Pain from an injury often intensifies after a couple of days, but waiting that long to seek medical attention can lead to insurance companies questioning your claim. You can also make your claim go more smoothly by working with a skilled NYC car accident attorney at Friedman, Levy, Goldfarb & Green.

Speak with a New York car accident lawyer today

If you were hurt in a rear-end collision, it is important to act quickly. Choose an experienced car accident lawyer to navigate the often-frustrating claims and litigation process for you so you can get your life back to normal.

The attorneys at Friedman, Levy, Goldfarb & Green understand what you are going through and have the experience needed to help you recover the money you deserve. Call today to schedule a free consultation. We proudly serve clients throughout the New York City area, including the Bronx, Manhattan, Brooklyn, and Long Island.

Additional resources about rear-end collision injuries:

  1. Insurance Information Institute, Facts + Statistics: Highway safety, https://www.iii.org/fact-statistic/facts-statistics-highway-safety
  2. National Transportation Safety Board, Addressing Deadly Rear-End Crashes, http://www.ntsb.gov/Advocacy/safety-alerts/Documents/SA-046.pdf

Proving Fault in a New York Truck Accident Case

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Across the United States, three were 4,237 fatal truck crashes in 2017, the last year for which statistics were available, and 344,000 truck crashes in which someone was injured, according to the Federal Motor Carrier Safety Administration. Fatal crashes constituted 1% of all truck accidents and collisions in which someone was injured constituted 23% of all truck crashes.

In the five boroughs of New York City, there were 1,486 large commercial truck crashes in July 2019 alone, according to police reports. The only type of vehicle in crashes more often were passenger cars – and passenger cars are much more common than commercial trucks.

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Truck Accidents Can Be Catastrophic

If you’re in an accident involving a large commercial truck, you may be seriously – even catastrophically – injured. Harm from an accident can include spinal cord injuries and traumatic brain injuries that can leave you bedridden and unable to care for yourself for the rest of your life.

Broken bones, burns, organ damage, scarring, and loss of limbs are just some of the other injuries that can result from a truck accident. Trucks are exponentially larger and heavier than other vehicles on the road and can do much more damage as a result.

If you have been injured in an accident caused by a truck, you are entitled to have the other party’s insurance company pay for your injuries. In certain cases, you may step outside of New York’s no-fault insurance system and bring a personal injury claim for injuries, wages lost from work, and more. You are entitled to do this if you or a loved one has suffered:

  • Broken bone(s)
  • Significant disfigurement
  • Permanent limitation of use of a body organ or member
  • Significant limitation of use of a body function or system
  • Substantially full disability for 90 days

But both insurance and personal injury claims are dependent on finding out who was at fault for the accident.

How Do I Prove Fault in a Truck Accident?

While finding the parties at fault for an accident may sound simple, it rarely is in truck accidents. If a truck rolled over, for example, it might seem like a very clear cut case of the driver being at fault. A rollover is a serious accident that can be caused by the driver braking too fast, especially on curves or inclines.

But rollovers can be caused by multiple factors other than the driving. Improper and unbalanced loading, worn brakes or tires, or loads too heavy for the truck can all cause rollovers or be contributing factors.

If any of these are the cause, the at-fault parties could be the truck company, the truck owners, the maintenance and repair companies, the loaders or shippers, and even equipment manufacturers.

As a result, it is often necessary to investigate the causes of truck accidents to know who was at fault. Experienced truck accident lawyers can investigate the following:

  • Logbooks and delivery records to see how long the driver had been on the road
  • Cameras and data recorders (black boxes) that can indicate speeds and braking at the time of the accident
  • Witness testimony
  • Expert testimony
  • Expert reconstruction of the accident, which indicates how it occurred
  • Forensic analysis
  • Records of drug and alcohol screening

Talk with an experienced truck accident attorney for free!

When You Need a Truck Accident Lawyer in New York City

If you or a loved one has been in a truck accident in New York, you need an experienced law firm with investigative capacity. We can negotiate with insurance companies and fight in court if necessary to see that justice is done.

Please call an experienced NYC truck accident lawyer at Friedman, Levy, Goldfarb & Green today for a free consultation about your case.

Additional Resources:

5 Leading Causes of Car Accidents

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Even the best of drivers can make mistakes now and then. Whether you’re going a little too fast for weather conditions or texting a friend while trying to steer, there are actions that can seriously increase your risk of having a life-altering or even fatal collision.

According to the National Highway Traffic Safety Administration, 36,750 people died in motor vehicle crashes last year. And while New York saw a slight decrease in road fatalities, accidents causing serious injuries, lost income and economic hardships abound.

What can you do to avoid becoming a tragic statistic in your hometown? Educate yourself on the leading causes of motor vehicle accidents, drive cautiously, obey traffic laws, and be prepared.

Distracted driving

Distracted driving remains the leading cause of all traffic accidents in the United States. According to some reports, distracted drivers account for up to half of all car crashes today. Any activity that takes your attention and focus away from the wheel is inherently dangerous. Talking on the phone, texting, surfing the web, adjusting music, eating, brushing your hair, or interacting with passengers can compromise your safety and that of others on the road.

Driving while drunk or impaired

DUI accidents are on a downward trend in New York, and across the nation, but the threat of being hit by a drunk driver is still very real. Even two drinks can impair your concentration and reaction times significantly. If you plan on enjoying a cocktail or two, it’s always best to designate a sober driver or arrange a taxi for your trip home.

Speeding

Cruising 10 or 20 miles above the posted speed limit is a recipe for disaster, particularly if road and weather conditions are already treacherous.  Speeding is a major cause of thousands of accidents every year, and not surprisingly, the damage and injuries are considerably worse when excess speed is involved. Going over the speed limit not only slows your reaction time, it magnifies the severity and consequences of the impact.

Inclement weather

You can’t control if it rains, sleets or snows, but you can take steps to be safer on the road, or avoid driving altogether when weather conditions are too risky. Heavy downpours restrict visibility and increase the likelihood of hydroplaning after braking. If the weather is bad, give yourself extra time and take it slowly to avoid getting into an accident.

Aggressive driving

Aggressive driving has the potential to kill. Previous studies by the AAA found that 50 percent of deadly car accidents involved at least one driver who performed a hostile action – be it tailgating, weaving in and out of traffic, or cutting in front of other drivers and then slowing down. Motorists who are rushed, angry, frustrated, or upset may be more prone to committing such inconsiderate and illegal behavior when behind the wheel. If you’re on the road and feel threatened by the hostile actions of another driver, call 9-1-1.

Explore your legal options after a car accident

In the event that you are involved in an accident that wasn’t your fault, it’s a good idea to seek legal representation from a qualified New York car accident lawyer at Friedman Levy Goldfarb & Green.

We represent clients throughout the greater NY metropolitan area and know how to maximize your compensation.  Schedule a free, no-obligation consultation and explore your legal options with a law firm that is dedicated to your success.

Additional Resources:

  1. NHTSA, Early Estimate of Motor Vehicle Traffic Fatalities in 2018 file:///C:/Users/alilo/Desktop/Early%20Estimate%20of%20Motor%20Vehicle%20Traffic%20Fatalities%20in%202018.pdf
  2. Huffington Post, Top 15 Causes Of Car Accidents https://www.huffpost.com/entry/top-15-causes-of-car-accidents_b_11722196

I Have Been in a Car Accident. What Do I Do Now?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Shards of car glass on the street after car accident

Police respond to more than 6 million car accidents a year. In a no-fault state like New York, your insurance company is supposed to pay for your damages, regardless of who was at fault for the accident. However, even with the best insurance, it could be an uphill battle to prove the full value of your claim. Often, car accident victims – injured through little to no fault of their own – wind up paying 26 percent of the expense. If your medical bills are $200,000, that’s $52,000 out of your own pocket!

Not many people can afford the immediate cost of a car accident, let alone the lost wages and ongoing care for long-term disability or PTSD. Follow these tips from the car wreck lawyers at Friedman, Levy, Goldfarb & Green to pursue maximum compensation through a personal injury lawsuit.

Get out of harm’s way.

If you are very seriously injured, you may not be able to move at all. Dialing 9-1-1 may be all you can do. If possible, move to the shoulder of the road, flipping your hazards on to warn other drivers of the disabled vehicle. Remember, you are required by the New York State Vehicle and Traffic Law to immediately notify the police if a person is injured or killed in a motor vehicle accident. Failure to do so could result in license suspension by the Department of Motor Vehicles.  

Document what happened.

Ask the police to file a formal report, and request a copy for your records. While you wait for the police to arrive, you can gather the names of the other driver and passengers, the license plate number, insurance company name and policy number, color/make/model of the other vehicle, and contact information for any eyewitnesses.

Note the location of the accident, the direction the vehicles were traveling/facing, and the name and badge number of any responding officers. Use your smartphone camera to snap photos of the accident scene. Some insurers let you upload photos when you file your claim. Be careful what you say to the other driver. Be careful not to admit any liability for what happened.

Take care of yourself.

Even a minor symptom like dizziness, confusion, or a sore neck should be investigated by a health care professional. At least see your family physician if your injuries do not require emergency care at the hospital. Chiropractors are good medical professionals to see after an accident, as they take the time to carefully assess your “hard” injuries and refer you to the appropriate specialists. Diagnostic imaging like MRIs, x-rays, and CT scans may be necessary. You might need a psychologist, psychiatrist, or neurosurgeon to evaluate you for mild traumatic brain injury or PTSD symptoms.  

Call a car wreck attorney.

Consulting with a respected personal injury law firm costs you nothing. Successful attorneys work based on contingency, meaning you pay nothing out-of-pocket, and only pay if you end up filing a lawsuit that results in a settlement or jury award.

Friedman, Levy, Goldfarb & Green is a New York personal injury firm with a 50-year track record of success. Working with an experienced car wreck lawyerfrom the beginning increases your chances of obtaining the maximum compensation, as we investigate, preserve evidence, and make sure you receive top medical care. 

File your insurance claim.

Call your own auto insurance provider, let them know, “I was in a car accident,” and find out what to do after a car wreck to pursue compensation for damages. You can file by phone, online, or through an app – either from the scene of the accident or later.

When speaking with the insurance agent, you’ll want to make sure you understand key aspects of your coverage:

  • How much collision coverage do you have (to cover your property damage)?
  • How much medical coverage will you receive from your bodily injury policy?
  • How much is your deductible (the amount you have to pay out-of-pocket toward repairs and medical coverage before insurance kicks in)?
  • Do you have rental reimbursement coverage? If so, what is your daily limit?
  • How long do you have to make a claim and submit your bills?

Get your vehicle repaired.

The insurance adjuster investigating your accident will let you know how much you’ll be offered to pay for damages. Insurers typically require you to go to a designated repair center to get an estimate for repair costs. You can cross-reference the adjuster’s report with Kelley Blue Book or get a few other estimates.

If you disagree with the adjuster’s value, you can ask for a full report detailing how the repair costs were assessed and ask the adjuster for an explanation of the insurance payout.

When you call an NYC car accident lawyer at our firm, the burden of investigating the value of your vehicle and dealing with the insurance company is lifted. We’ll make sure the damaged parts of your vehicle are preserved as evidence, should it become necessary in court. Contact us for your free consultation as soon as possible.

Additional resources:

  1. http://www.rmiia.org/auto/traffic_safety/Cost_of_crashes.asp
  2. https://dmv.ny.gov/dmv-records/how-file-motorist-accident-report