New York Car Accident AttorneysHave you suffered an injury due to an auto accident of some sort anywhere in the state of New York? Places such as Albany, Brooklyn, Buffalo, Manhattan or Syracuse? Regardless of what type of auto accident you were involved in, which can include ATV accidents, car accidents, commercial vehicle accidents, motorcycle accidents, pedestrian accidents, SUV accidents and trucking accidents, you have rights and may possibly be able to obtain benefits and financial compensation per current New York auto accident statutes. Consulting with an experienced Manhattan, New York auto accident attorney is a wise decision as they will make sure you get the full benefits and financial compensation you are entitled to. Contact our Albany, New York auto accident injury lawyers by clicking here. They offer free consultations, complimentary case reviews and charge no fee if they do not win for you.
Auto accidents of all sorts including car, motorcycle, trucking and commercial vehicle accidents, are often violent events that can cost you your health, the use of your car, and possibly even your life. The damage that results from a motor vehicle collision can end of costing you and your family money and make life exceedingly difficult. Auto accidents can occur for any number of reasons, including but not limited to; diver error, cell phone usage, inexperience, driving under the influence, negligence, dangerous road conditions or weather, and manufactures defects. Contacting a Rochester, NY car accident lawyer handling auto accidents can answer all your questions about your rights and options for your future.
At-Fault, Negligent, and Aggressive Drivers
Victims of serious auto accidents often have many questions about their legal rights, who will pay for medical expenses and who was at fault. You probably have an idea about what or who caused the accident to occur. Unfortunately issues of fault can be complicated by many factors. You may feel that the other driver was at fault but have no idea how to go about proving your case. At the same time, the other driver may believe you are at fault and thus retained an attorney. The help of an experienced automobile accident lawyer can help you deal with insurance companies, prove the other driver’s negligence, get you compensation for your injuries, and defend you in court.
If the actions of the other driver caused your accident, proof of their guilt (and your innocence) could be in the police reports, witness statements, or evidence at the scene such as vehicle conditions and tire marks on the asphalt.
Some of the actions that cause or contribute to the following are:
- Failure to stop at a red light or stop sign
- Driving under the influence of alcohol or drugs
- Failure to drive defensively during dangerous weather conditions
- Excessive speed
- Being distracted by cell phone calls, texting, the radio, or even a passenger
- Failure to obey traffic laws
Sometimes drivers are more than merely negligent. This can occur when a driver intentionally acts with a disregard to the safety of others. Such behavior is often referred to as road rage and can have extremely dangerous consequences on the roadway. If is best to avoid confrontation with these types of drivers. You can keep yourself safe if you:
- Get out of the way
- Avoid eye contact
- Don’t make obscene gestures or challenge a road rage driver
- Pull off the road and stop a safe spot where you can call the police
Auto Accidents Caused By Drunk Driving
Every 2 minutes someone in the United States is injured in an alcohol related car accident. The drunk driver will often face both criminal charges and a civil law suit. If you have been in a car accident and drugs or alcohol was involved you need a La Mesa automobile accident attorney to explain your legal options.
Auto Accidents Not Caused by the Drivers
Although much more rare than accidents caused by human error, sometimes automobile accidents are solely caused by a vehicle manufacturer’s defect. Accidents can be caused by defects from failed brakes, faulty airbags, exploding tires, or stuck accelerators. There is a products liability law that may apply to you if you are injured because a product associated with your car created an unreasonable risk of harm to you while driving.
In addition, if your car was repaired improperly, leading to an accident, the mechanic their employer may be responsible for your injuries and the damage to your car. An automobile accident attorney can explain all your rights and answer any questions you may have.
Lastly, auto accidents may be caused by poorly maintained roads, sloppy construction, unreadable or neglected road signs, or similar problems with factors that are out of a driver’s control. Because the government is responsible for maintaining roads and safety conditions, they may be held liable for accidents caused by such factors. Special laws apply to the government in these types of situations so you will need an experienced automobile accident attorney to explain the law.
Schedule a Consultation With A Carlsbad Auto Accident Attorney
Time is often of the essence after a motor vehicle accident. The longer you wait the more difficult it may be to preserve your rights and obtain the compensation you deserve. Contact a Chula Vista automobile accident lawyer for your free consultation today. The El Cajon, California car accident lawyers on our team serve all of San Diego County including Carlsbad, Oceanside, Camp Pendleton, Pacific Beach, Ocean Beach, San Ysidro, Chula Vista and El Cajon. They charge no fees until you collect your settlement.
California Auto Accident Statute of Limitations
California law requires that victims of accidents settle their case or file a lawsuit within two (2) years of the incident (longer is some cases, with special requirements in others). This law is called a statute of limitations. Failure to settle your case or file lawsuit, or take the required legal action, such as filing a claim where required with an administrative government agency, may eliminate your right to recover benefits, damages and financial compensation if someone is responsible for your injuries, losses, pain and suffering.
The Importance of a Thorough Case Analysis
Failure to identify which statute of limitations applies to your claim can prevent you from pursuing your claim! Your attorney will conduct a thorough review of your case to determine the filing deadline that applies to your case. The information below, as with all information on this website, does not constitute legal advice. These statutes of limitations change as new laws are passed and the references below are current as of the time of the initial publication of this page. You should consult with an experienced personal injury attorney immediately to analyze your case, determine the current and future value as well as identify any and all liable parties.
The first step in understanding which statute of limitations applies is a determination of where the accident and the resulting injuries occurred. California, like other states, has its own laws governing timeframes for filing personal injury, survival and wrongful death claims. The information on this page refers only to California’s statutes of limitations for personal injury and wrongful death claims. Other statutes may apply depending on the type of wrongful conduct or injury, where it occurred and/or who caused it.
The next step is determining what legal right was violated. Statutes of limitations are different for different types of harms. For example, if you were in a car accident, you need to speak with a car accident injury attorney immediately to understand your rights and what you need to do next.
Determining who was injured in a personal injury lawsuit. Different classes of people i.e. minors versus adults, mentally infirm versus mentally competent people, military deployed, etc., have different time periods within which to act (in personal injury and medical negligence cases).
Lastly, establishing who caused the harm is the final step. The time period for filing a claim against a governmental agency or employee who caused harm is different than it is for a private party.
Personal Injury Claims Including Auto Accident, Defective Product and Premises Liability Claims
In California, the statute of limitations for most personal injury actions not caused by medical malpractice or medical negligence is two years from the date that you were injured if you are an adult (over 18 years of age at the time of injury). The time period is longer for children who, in claims unrelated to medical negligence, have until two years after they turn 18 to seek legal recourse. In California this is referred to as minor tolling. Medical negligence actions have a shorter time period to act within (see below). Parents, or legal guardians of the child, may file a lawsuit on behalf of a child younger than 18. People who are in jail or who are mentally incapacitated by injury or insanity may, in certain circumstances, have an extension to file their lawsuit while they are in jail or mentally incompetent. If you are physically injured due to the fault of a California government employee or government agency, you must file a claim with the proper agency within six months of the injury.
Survival (Wrongful Death) Claims
California survival laws enable the estate to be awarded damages that the decedent could have recovered if he/she had not died. Examples of these benefits include pain and suffering compensation as well as lost earnings. A survival claim is not possible without the accident resulting in a death. The primary difference between survival and wrongful death claims are the type of benefits and compensation sought.
In California, the statute of limitations is the same for survival lawsuits and wrongful death cases. With wrongful death claims, the case must be resolved – or a lawsuit filed – within two (2) years from date of death. The only exception to this relates to asbestos cases. In these cases, the time period is one (1) year from date of death or first knowing.
Contact Our San Jose Auto Accident Injury Attorneys
The San Diego auto accident attorneys on our team will get you all the legal damages you are entitled to under California law. Call us today for a personalized appointment to find out how we can help you!
Evaluations for personal injury cases are considered on a case-by-case basis. Our San Diego County car accident attorneys can get you the compensation you deserve. We provide legal representation to all of San Diego County, including El Cajon, La Mesa, Spring Valley, San Diego, Mission Valley, Poway, Escondido, Vista, Rancho San Diego, and Chula Vista.The San Diego, California auto accident injury lawyers on our team serve all 50 states including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Washington D.C., Wisconsin and Wyoming.