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Car Accident Lawyer NYC

Car Accident Lawyer New York City

No one anticipates being hurt in a car accident, but unfortunately, it happens. The experience can be overwhelming and nerve-wracking.

Knowing your rights and understanding the law is essential to ensuring you get the compensation you deserve. If you’re located in NYC and looking for a car accident attorney to help with the legal process, you’ve come to the right place.

At Aviles Law Firm, we understand how difficult it can be to deal with the aftermath of a car accident. Our team of experienced attorneys takes the time to understand your unique situation and provide personalized legal advice. We are devoted to helping you get the appropriate compensation for your injuries and other losses.

Car accidents are common in New York City due to several factors, including high population density, busy streets, reckless driving, challenging weather conditions, and aging infrastructure.

The city’s densely packed streets are often congested with taxis, buses, and delivery trucks, increasing the risk of accidents.

Car accidents can have various consequences that depend on the accident’s severity. These consequences may include physical injuries, property damage, emotional trauma, financial expenses, legal issues, and even fatalities.

Physical injuries can range from minor cuts and bruises to severe head trauma, spinal cord injuries, and broken bones. Property damage can include damage to the vehicles involved, as well as damage to surrounding property.

Emotional trauma can result from the stress and fear of being involved in a car accident. Financial expenses include medical bills, vehicle repair costs, and lost wages.

Legal issues can arise if there is a dispute over fault or if someone is injured or killed in the accident. Fatalities can occur in severe cases, leaving families and loved ones devastated.

What are the most typical causes of car accidents in New York City?

There are several common causes of car accidents in New York City, including:

  • Distracted driving: Drivers using their phones, eating, or engaging in other distracting activities are more likely to cause an accident.
  • Speeding: Many drivers in New York City exceed the speed limit, which can increase the likelihood of an accident.
  • Reckless driving: Drivers who ignore traffic signals, weave in and out of lanes, or engage in other dangerous behaviors can cause accidents.
  • Intoxication: Drivers under the influence of drugs or alcohol are more likely to cause accidents.
  • Poor road conditions: New York City’s roads can be challenging to navigate, with potholes, uneven surfaces, and construction zones contributing to accidents.
  • Weather conditions: Rain, snow, and fog can make it more difficult for drivers to see and control their vehicles, increasing the risk of accidents.
  • Vehicle malfunctions: Mechanical issues with a vehicle, such as faulty brakes or steering, can cause accidents.
  • Pedestrian and cyclist negligence: Pedestrians and cyclists who fail to follow traffic rules and signals can also contribute to car accidents. 


What should I do if I'm involved in a car accident in New York?

If you happen to have a car accident in New York City, here are some steps you should follow:

  • Stay at the scene: It’s crucial to stay at the location of the accident until the police and emergency services arrive. Leaving the scene of an accident may have legal and criminal consequences.
  • Assess for injuries: Check yourself and others involved in the accident. If anyone is injured, call 911 immediately.
  • Share information: Exchange information with the other driver(s) involved in the accident: names, contact information, driver’s license number, insurance information, and license plate numbers.
  • Document the scene: Take photos and videos of the accident scene, including any damage to the vehicles and the location of the accident.
  • Report the accident: Call the police and report the accident. The police will create an accident report, which will be necessary for insurance and legal purposes.
  • Contact the insurance company: Contact your insurance company to report the accident and provide them with the information you collected.
  • Seek medical attention: it is essential to seek medical attention to ensure that you’re not injured and to document any injuries for insurance and legal purposes.

Remember to remain calm and cooperative at the scene of the accident. Don’t admit fault or discuss who is responsible for the accident with the other driver(s).

What is the average settlement for a car accident case in New York City?

The settlement amount in a car accident in New York City can vary widely depending on various factors, such as the severity of injuries, the cost of medical treatment, loss of income, property damage, and other related expenses.

According to a study by the Insurance Research Council, the average car accident settlement in the United States in 2018 was around $15,270. However, this figure may not apply to New York City’s unique legal and insurance environment.

In New York City, many car accident cases are settled out of court through negotiations between the parties involved. The settlement amount can vary depending on the strength of the evidence, the degree of liability, and the parties’ insurance coverage.

It’s essential to note that every car accident case is unique, and there is no fixed amount for settlement. Therefore, if you are involved in a car accident case in New York City, it’s best to seek the advice of an experienced personal injury lawyer who can evaluate your case and help you understand your legal rights and options.

What if the other driver doesn't have insurance in a car accident case in New York City?

If you are part of a car accident in New York City and the other driver does not have insurance, you may still be able to recover damages for your injuries and other losses.

New York is a no-fault insurance state, meaning that your insurance company is responsible for paying your medical bills and lost wages, regardless of who was at fault for the accident. However, if you have sustained a “serious injury” as defined by New York law, you may be able to sue the other driver for additional damages.

Suppose the other driver does not have insurance. In that case, you may still recover damages using your uninsured motorist coverage, designed to protect you if you are part of an accident with an uninsured driver.

It’s important to note that in case of a car accident in New York City, you should always contact the police and exchange insurance information with the other driver.

If the other driver is uninsured, you should also contact your own insurance company as soon as possible to report the accident and discuss your options for recovering damages.

What should I do if the insurance company denies my car accident claim in New York City?

If your claim has been denied by the insurance company in New York City, you have a few options:

  • Review the reason for the denial: The insurance company should provide a reason for denying your claim. Review the details carefully and try to understand why your claim was denied.
  • Appeal the decision: If you think the denial was unfair or incorrect, you can appeal the decision. You can contact the insurance company to determine how to appeal the decision and follow the necessary steps.
  • Consult with a car injury attorney: If you need help with how to proceed or believe the insurance company acted in bad faith, consult an attorney specializing in car accident claims. An attorney can help you understand your legal rights and options and may be able to negotiate with the insurance company on your behalf.

Act quickly if your claim has been denied is essential, as there may be deadlines for filing appeals or complaints. Consider seeking assistance from a professional attorney to guarantee that your rights are protected and that you receive fair compensation for your damages.


Can I handle a car accident case in New York City without a lawyer?

Handling a car accident case in New York City without a lawyer is possible, but it can be challenging and may not be in your best interest.
In a car accident case, there are many factors to consider, such as determining fault, negotiating with insurance companies, and assessing damages. An experienced personal injury lawyer can provide guidance and legal representation to help you navigate these complex issues and ensure that you receive fair compensation for your injuries and losses.
Without a lawyer, you may be disadvantaged in dealing with insurance companies and not fully understand your legal rights and options. Additionally, the legal system in New York City can be complex, and navigating it without legal representation can be overwhelming.

How long do I have to file a lawsuit after a car accident?

In New York City, the statute of limitations for filing a lawsuit after a car accident is three years from the accident date. If you fail to file your lawsuit within three years, you may lose your right to sue. It’s important to note that other deadlines and requirements may apply to your case. Hence, it’s always a good idea to consult with an experienced personal injury attorney at Aviles Law Firm as soon as possible after your incident.

Why should you hire an attorney at Aviles Law Firm after a car accident in NYC?

Our personal injury attorneys will assist victims by providing legal advice, explaining laws and regulations related to car accidents, and outlining different types of compensation available. We will help victims gather evidence, such as police reports and medical records, to build a strong case. We will negotiate with insurance companies on your behalf to ensure you receive the full compensation you are entitled to. If necessary, we will represent you in court, presenting your case effectively to a judge and jury.

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