Car Accidents

Car accidents can happen anytime and cause serious injuries, financial losses, and emotional trauma. Car accidents in New York are, unfortunately, a common occurrence, with thousands of accidents happening yearly. If you or a loved one have been involved in a car accident in New York, it is essential to know your rights and seek an experienced attorney’s help.

At Viscosi Law, we understand a car accident’s devastating impact on your life. Our team of skilled attorneys is committed to helping you navigate the complex legal system and fight for the compensation you deserve. Whether you were a driver, passenger, pedestrian, or bicyclist, we have the knowledge and expertise to handle your case.

Many factors can contribute to a car accident, including distracted driving, speeding, driving under the influence, and driver fatigue. No matter the cause of the accident, our attorneys will thoroughly investigate the circumstances of the crash to determine who is at fault and to build a strong case on your behalf.

We understand the physical, emotional, and financial toll a car accident can take on your life, which is why we are dedicated to providing you with personalized attention and aggressive representation. We will work tirelessly to ensure that you receive the compensation you deserve, including medical expenses, lost wages, pain and suffering, and more.

If you have been involved in a car accident in New York, don’t hesitate to contact Viscosi Law for a free consultation. We are here to help you every step of the way and to fight for your rights. Let us be your voice in the legal system and help you get the justice you deserve.

Types of Car Accidents

Rear-End Collisions: This is the most common type of car accident in New York, which occurs when one vehicle hits another from behind. These accidents usually happen when the driver in the rear vehicle follows too closely or is distracted.
Head-On Collisions: These accidents are typically the most severe and deadly because they occur when two vehicles collide head-on, often at high speeds. Head-on collisions can result in catastrophic injuries or fatalities.
T-Bone Accidents: This type occurs when one vehicle hits another at a perpendicular angle, forming a “T” shape. These accidents usually happen at intersections or when one driver fails to yield the right of way.
Sideswipe Accidents: This type of accident occurs when two vehicles collide in the same direction. Sideswipe accidents can happen when one driver fails to stay in their lane or is distracted.
Single Vehicle Accidents: These occur when one vehicle crashes into an object or loses control and runs off the road. Various factors, weather conditions, poor road conditions, or driver error, can cause single-vehicle accidents.
Multi-Vehicle Accidents: These accidents involve more than two vehicles and can be complex and challenging to navigate. They can occur in various ways, such as chain-reaction accidents or highway pileups.
Pedestrian Accidents: Pedestrian accidents occur when a vehicle hits a pedestrian, usually at an intersection or crosswalk. Pedestrian accidents can result in severe injuries or fatalities, and drivers can be held liable for their actions.
Bicycle Accidents: These occur when a vehicle collides with a bicyclist, typically at an intersection or while the cyclist is riding in a bike lane. Bicycle accidents can result in serious injuries or fatalities, and drivers can be held liable for their negligence.

Types of Possible Charges for Car Accidents

Vehicular Assault

Vehicular assault is a severe criminal offense that involves causing injury to another person with a vehicle while driving recklessly or under the influence of drugs or alcohol. In New York, Vehicular Assault is considered a felony offense that can result in severe penalties, including imprisonment, fines, and a permanent criminal record.

To be charged with Vehicular Assault in New York, a person must have caused severe physical injury to another person while operating a vehicle under one of the following circumstances:

while driving recklessly
while driving under the influence of drugs or alcohol
while driving with a suspended or revoked license
while operating a commercial vehicle without the proper license or certification

In addition to these circumstances, Vehicular Assault can also be charged as Aggravated Vehicular Assault if the driver was driving with a blood alcohol content (BAC) of 0.18 or higher or if they caused the injury while committing another felony offense.

The penalties for Vehicular Assault in New York depend on the specific circumstances of the case but can include:

A prison sentence of up to seven years.
Fines of up to $5,000.
A permanent criminal record.

In cases where the defendant is charged with Aggravated Vehicular Assault, the penalties can be even more severe.

Vehicular manslaughter

Vehicular manslaughter is a crime involving causing another person’s death while operating a motor vehicle in a reckless or negligent manner. In New York, it is defined as causing the death of another person while operating a motor vehicle, snowmobile, all-terrain vehicle (ATV), or vessel (such as a boat) under the influence of drugs or alcohol, or with a blood alcohol content (BAC) of 0.08% or higher. There are two degrees of vehicular manslaughter in New York:

Vehicular Manslaughter in the Second Degree: This is a class D felony, which carries a maximum penalty of 2 1/3 to 7 years in prison. It is charged when a person causes the death of another person while operating a motor vehicle in a criminally negligent manner or while driving under the influence of drugs or alcohol.
Vehicular Manslaughter in the First Degree: This is a class C felony, which carries a maximum penalty of 5 to 15 years in prison. It is charged when a person causes the death of another person while operating a motor vehicle under the influence of drugs or alcohol with a BAC of 0.18% or higher or while committing a traffic violation and either has a BAC of 0.08% or higher or has a prior conviction for DUI within the past ten years.

In addition to imprisonment, a conviction for vehicular manslaughter may result in fines, revocation of your driver’s license, and a permanent criminal record. These penalties can have severe and long-lasting consequences for the person charged and their loved ones.

Reckless driving

Reckless driving is a traffic violation taken very seriously in New York. It involves operating a vehicle in a manner that disregards the safety of others on the road. Reckless driving can involve a variety of dangerous behaviors, such as excessive speeding, aggressive driving, running red lights or stop signs, weaving in and out of traffic, or driving under the influence of drugs or alcohol.

In New York, reckless driving is considered a misdemeanor offense, which means it is a criminal offense. The consequences of a reckless driving conviction can be severe and long-lasting. If you are convicted of reckless driving, you may face fines, points on your driver’s license, increased insurance rates, and even jail time.

Reckless driving is a common cause of car accidents, leading to serious injuries or even fatalities. If you have been involved in a car accident caused by reckless driving, seeking legal help to protect your rights and obtain the compensation you deserve is essential.

Driving While Intoxicated/Driving While Under the Influence

These charges are brought against drivers who operate a motor vehicle while under the influence of drugs or alcohol. In New York, the legal limit for blood alcohol content (BAC) is 0.08%, and drivers with higher BAC may face DWI or DUI charges. The penalties for these offenses can include fines, license suspension or revocation, and even jail time.

Speeding

Speeding is a traffic violation that occurs when a driver exceeds the posted speed limit or drives too fast for the road conditions. In New York, the speed limit varies depending on the type of road, but generally, the speed limit on a highway is 55 mph, and in urban areas, it is usually 25-30 mph.

Driving at an excessive speed can increase the likelihood of a car accident and result in more serious injuries or fatalities if an accident does occur. Speeding can also result in fines, points on your driver’s license, and even suspension of your driver’s license.

If you are pulled over for speeding in New York, you may be given a ticket or summons to appear in court. In some cases, the officer may also impound your vehicle. It is important to note that speeding tickets can have consequences beyond just paying a fine, as they can also result in higher insurance rates and points on your driving record.

Failure to Yield

This charge is brought against a driver who fails to yield the right of way to another vehicle or pedestrian, resulting in an accident. Depending on the accident’s severity, the driver may face fines, points on their license, and even criminal charges.

Distracted Driving

This charge is brought against a driver operating a motor vehicle while distracted, such as by using a cell phone or other electronic device. Distracted driving is a growing concern and can result in fines, points on your license, and even criminal charges if an accident occurs.

Hit-and-Run

A hit-and-run occurs when a driver involved in a car accident flees the scene without providing their contact information or rendering aid to injured parties. Unfortunately, hit-and-runs are quite common in New York, with hundreds of hit-and-run accidents occurring yearly.

Hit-and-run accidents can cause serious physical and emotional harm to victims and can be particularly frustrating because the responsible driver often does not face the consequences for their actions. The victim is often left with mounting medical bills, lost wages, and ongoing pain and suffering.

Victims of hit-and-run accidents need to take immediate action to increase the chances of identifying the responsible driver and obtaining compensation for their injuries. This may include filing a police report, seeking medical treatment, and consulting with an experienced personal injury attorney who can help navigate the legal process and protect the victim’s rights.

An attorney can assist with investigating the accident, gathering evidence, identifying witnesses, and negotiating with insurance companies. They can also help ensure that the victim receives appropriate medical treatment and document their injuries to pursue a compensation claim.

What to do if You Just had a Car Accident?

If you’ve been in a car accident in New York, here are some steps to take:

Check Yourself and Others for Injuries: The safety of all individuals involved in the accident should be your priority. If anyone is injured, call 911 immediately.
Move to a Safe Location: If possible, move your vehicle to the side of the road or another safe location to avoid blocking traffic and causing another accident.
Call the Police: Even if the accident is minor, it is crucial to call the police and file a report. This can help with insurance claims and legal issues.
Exchange Information: Exchange contact and insurance information with the other driver(s) involved in the accident. Ensure they get their full name, phone number, license plate number, and insurance information.
Document the Scene: Take photos of the accident scene, including any damage to your vehicle and other vehicles involved, as well as any visible injuries.
Contact Your Insurance Company: Report the accident to your insurance company immediately. Provide them with all the necessary information, including the police report and any photos you took at the scene.
Contact an Attorney: If you were injured in the accident, it might be best to contact a personal injury attorney. They can help you navigate the legal process and ensure you receive your deserved compensation.

Staying calm and avoiding admitting fault or apologizing at the accident scene is essential. Let the police and your insurance company determine who is at fault based on the evidence and facts of the case.

How an Attorney Can Help You After an Accident?

If you or a loved one has been in an accident, an attorney can help you in a multitude of ways, including:

Legal Representation: An attorney can represent you in court and ensure that your legal rights are protected. They can also negotiate with insurance companies to ensure you receive fair compensation for injuries and damages.
Investigation: An attorney can independently investigate the accident to determine the cause and gather evidence to support your claim.
Communication: An attorney can communicate with the insurance company and other parties involved in the accident on your behalf. They can also provide you with updates on the progress of your case.
Evaluation of Damages: An attorney can help you evaluate the extent of your damages, including medical bills, lost wages, and property damage, and determine the amount of compensation you are entitled to.
Experience and Expertise: An attorney has the knowledge and experience to navigate the legal system and handle complex legal issues related to car accidents.

Hiring an attorney can provide you with the legal support and guidance you need to navigate the aftermath of a car accident and obtain the compensation you deserve.

Car Accident Quick Facts

Here are some statistics on car accidents in New York:

In 2019, there were 314,974 total motor vehicle crashes in New York State, resulting in 946 fatalities and 152,000 injuries.
The number of crashes increased by 3.4% compared to 2018, while the number of fatalities decreased by 2.8%.
New York City accounted for 31.6% of all crashes, with 99,378 total crashes.
The majority of fatal crashes occurred on local roads, accounting for 64.4% of all fatalities.
Alcohol was involved in 29.9% of all fatal crashes, while distracted driving was a contributing factor in 11.3% of all crashes.
Males were involved in 63.5% of all crashes, and drivers aged 21-29 had the highest involvement in crashes.
Passenger car occupants accounted for 45.5% of all fatalities, followed by pedestrians at 26.8%.

These statistics highlight the significant impact of car accidents in New York and the need for effective legal representation for those involved in such incidents.

Call Viscosi Law Today

Car accidents can significantly impact individuals and their families, both physically and financially. The legal system in New York is designed to hold those responsible for causing car accidents accountable for their actions. Viscosi Law is committed to representing individuals involved in car accidents and ensuring their rights are protected.

Our team of experienced attorneys understands the complexity of car accident cases and is dedicated to helping clients obtain the compensation they deserve for their injuries and damages. If you have been involved in a car accident in New York, contact Viscosi Law today to schedule a free consultation and learn how we can help you.