New York Auto Accident Lawyers Representing Clients in Troy
Motor vehicle crashes often happen unexpectedly when another driver has been careless or reckless. Indeed, most auto accident injuries and deaths in Troy, New York are preventable, yet motorists continue to behave in negligent ways behind the wheel. According to the New York Department of Health, there are an average of 316 deaths every year because of traffic collisions, and an average of 561 hospitalizations annually due to serious motor vehicle crashes. Depending upon the severity of your injuries, you may be eligible to seek compensation by filing an auto insurance claim or by filing an auto accident lawsuit. One of the aggressive Troy personal injury lawyers at our firm can begin working with you on your case.
Common Causes of a Troy Auto Accident Case
There are many different potential causes of an auto accident, and it is critical to seek advice from a Troy car accident lawyer about whether another party may be liable for your injuries. In general, the following are frequent reasons that car crashes occur in and around Troy, New York:
- Distracted driving, including texting while driving, sending or reading emails, grooming, eating, and even having a conversation with another passenger;
- Drowsy or fatigued driving, which includes any situation in which a motorist gets behind the wheel of a car without getting sufficient sleep the night before;
- Intoxicated driving, which can include drunk driving and drugged driving;
- Aggressive driving, including speeding, tailgating, running traffic lights, and weaving in traffic;
- Defective motor vehicle part, such as defective brakes or airbags;
- Negligent maintenance on an automobile involved in the collision;
- Dangerous or poorly maintained premises where the car accident occurred; and
- Inclement weather.
No-Fault PIP Coverage and Filing an Auto Insurance Claim in Troy, NY
Under New York’s insurance law, New York is a no-fault state for auto accident purposes. Accordingly, if you sustain property damage or injuries in an auto accident, your first step in seeking compensation is to file a first-party claim with your own insurer to seek compensation through your personal injury protection (PIP) coverage. Yet when people sustain serious and life-threatening injuries in collisions, PIP coverage is often insufficient to provide coverage for the full amount of a person’s losses. In such situations, it may be possible to file an auto accident lawsuit if you can prove that you have suffered a serious injury that meets the “serious injury” threshold required under New York law to file a lawsuit.
Understanding the Serious Injury Threshold Required to File an Auto Accident Lawsuit in Troy, New York
How is a “serious injury” defined in New York? According to the statute, a serious injury is considered, among others, a personal injury that results in death, dismemberment, significant disfigurement, loss of a fetus, use of a body organ, or a medically determined injury or impairment that prevents the injured person from performing substantially all of the acts that comprise the individual’s daily activities for more than 90 days during the one 180-day period following the injury.
Statute of Limitations for a Troy Traffic Crash Lawsuit
If you have suffered a serious injury that meets the threshold requirement for a lawsuit, you will need to make sure that you get your auto accident lawsuit filed in a timely manner. Most personal injury lawsuits, including most auto accident cases, must be filed within three years from the date of the accident under New York law. If you fail to file your lawsuit within that three-year time window set by the statute of limitations, you can risk losing your right to seek compensation because you will have a time-barred claim. In addition, most statutes of limitations have been temporarily suspended during the New York State disaster emergency relating to COVID-19 that began on March 7, 2020.
Contact An Auto Accident Attorney In Troy, NY
If you were recently injured in a motor vehicle collision in or around Troy, New York, now is the time to begin working on your claim. The more time that passes from the date of the accident, the more difficult it may be to obtain the evidence you need to receive the financial settlement you deserve. Moreover, the longer you wait, the greater the risk that the statute of limitations runs out in case you need to file a lawsuit. One of the dedicated and experienced Troy car accident attorneys at our firm can speak with you today about the details of your case. Contact Powers & Santola, LLP to find out more about the services we provide to injury victims in upstate New York car accident cases.