Immediately after an accident, you should take the following steps:

1. Stay at the scene
2. Cooperate with emergency response personnel
3. Collect the insurance information from the other driver
4. Collect contact information from witnesses
5. Collect evidence that may not be available later

It’s important to understand why all of these steps are necessary, including what it may cost you and your case if you don’t comply with them.

Put all of these records into one folder so that they can be easily accessed. Make sure that you have copies of all of them, including both printer copies and electronic scans.

4. Schedule your consultation with your attorney

It’s important to schedule your consultation with your attorney as soon after the accident as possible. Many factors involved in a case can be time-sensitive.

Waiting too long can impact the kind of evidence you can collect. For example, evidence that can only be collected with court orders—such as video footage from nearby security cameras—may be deleted after only a few days.

Additionally, witnesses who may be important to your claims may change their addresses or telephone numbers. They may need to leave the state or the country to handle life events.

Time limits also apply to making many different legal claims. If you wait too long, you may not be allowed to make claims at all, or challenge decisions that are made by your insurance company.

Avoid these problems by scheduling your consultation early. Your lawyer will know more about what deadlines you need to meet.

What to avoid after an accident? 

While there are a lot of things you need to remember to do as soon as possible after an accident, there are also a lot of things you need to avoid. Making some mistakes can make it difficult for your lawyer to help you. In particular, you should avoid:

• Admitting fault
• Making any public statements about an injury
• Accepting the first settlement offer from your insurance company

Admitting fault

You should never admit fault to the accident. Do not admit fault to anyone at the scene, to officers who are taking statements, or to your insurance company. Answer questions directly with the facts that you have.

Even if you suspect that you may be responsible for the accident, you cannot be aware of all the factors in the accident. You do not know the state of mind of the other drivers involved. There are also many views of an accident you cannot see from your driver’s seat.

Making any public statements about an injury

Do not make any social media posts about the car accident or discuss the car accident with other people. These statements may be used as evidence against you even if they are off-the-cuff and not detailed.

For example, posting a picture of a damaged car and saying something like “It was a bad crash but I’m safe and feeling OK” could be used to undermine medical claims that you make at a later date. Your insurance company may claim that this statement proves you did not have the serious injuries you reported.

Wait until your lawyer has reviewed your injury claim and cleared you to discuss details.

Accepting the first settlement offer from your insurance company

Do not accept the first offer that you receive from your insurance company.

Remember, your insurance company is motivated to give you the smallest payout possible. The first offer you receive will not likely consider the long-term consequences of any injuries.

Be careful about signing anything that has been given to you by your insurance company. Your lawyers should review any documents before you sign them.

Your losses from a car accident can be serious, expensive, and last for the rest of your life. You may be unable to enjoy your life to the same degree as you did before. Your expenses may reach millions of dollars if you require continuous medical and psychological care.

Even as the costs add up, your car accident injuries may make it impossible to continue working in your current profession. This can put you in a dangerous position where you have more expenses than ever before, but you are unable to collect income from your profession.

This may sound like a worst-case scenario, but the fact is that there are dozens of different possible personal injuries from car accidents that can put you in this position. Below, you’ll learn about some of these severe injuries and why it’s important to protect yourself if they’re a possibility.

Back Injuries

Back injuries can occur easily, even in minor collisions. Your back is not designed to absorb sudden, heavy impacts. When it happens, you can develop lifelong conditions. These conditions may involve shooting pain in your back, limits on how far you can bend, and the inability to even deal with minor impacts without significant amounts of pain. Treating your condition may require you to take prescription pain medications for the rest of your life in order to live without pain. Physical therapy may help but will not be applicable to all back injuries.

Broken bones

Broken bones are common injuries in car accidents. People involved in collisions often experience broken:

Broken bones typically take a long time to heal properly. You may be required to wear a cast that prevents you from working. Even after the fracture or break has healed, you may be dealing with lingering pain.

You will not necessarily recover the full use of your bones after a break has healed. This may affect your employment opportunities, and it may cause you long-term pain.

Burns

Burns can easily happen in car accidents if the engine or fuel tank is pierced. It can take surprisingly little force for this to happen. If a fire breaks out, drivers and passengers are at risk of serious burns. Burn injuries can be very painful. They are difficult to treat and may cause tremendous amounts of pain throughout a lengthy recovery. Skin grafts and other expensive procedures may be necessary for recovery.

Even after the injuries have healed, burns can result in serious disfigurement or discoloration of the skin. These areas may need to be treated with cosmetic surgery if they can be treated at all.

Neck injuries

The neck is home to many sensitive systems, and they can be easily damaged by the force of a collision. The parts most prone to damage include the muscles, tendons, and other soft tissues. One of the most common forms of neck injury is whiplash. How whiplash happens is not completely understood. It may involve injuries to multiple supporting systems in the neck, including the discs and nerves. When you have whiplash, you will feel lingering pain and tightness. You may lose some of the range of motion you’re used to. This condition can take a long time to heal. The effects may be with you for up to a year.

Post-Traumatic Stress Disorder

Physical injuries from car accidents can be terrible, but they aren’t the only kinds of injuries that can cause long-term problems. Physiological stress from events that happen during accidents can lead to Post-Traumatic Stress Disorder (PTSD). PTSD can make it difficult to focus in many situations. You may not be able to maintain your current job. Treating PTSD can take years of care.

Soft tissue injuries

Soft tissue injuries are injuries to your muscles, tendons, and ligaments. These systems run throughout your body, and it’s easy for any one of them to be damaged in a car accident. Soft-tissue injuries can occur even in low-speed and low-impact collisions. Depending on the area injured, they may restrict your movement and cause significant amounts of pain. They often take months to heal.

Spinal cord injuries and paralysis

Spinal injuries are among the most serious injuries that may result from car accidents. Some of the most important systems for managing movement run through your spine, and even small injuries to this area can have catastrophic consequences. A spine injury can easily lead to a permanent disability. You may experience partial to complete paralysis. These injuries are often difficult to treat because of the sensitivity of the spine.

Traumatic brain injuries (TBI)

Traumatic brain injuries (TBI) happen when the brain is injured by concussive force or other types of damage. Car accidents are the leading cause of these types of injuries. TBI can easily be fatal. However, even mild cases can result in serious impairment. The impairment from these injuries may involve long-term paralysis, issues with mood and memory, or chronic pain.

New York is a no-fault insurance state.

That means the insurance companies of all drivers involved will have to pay some percentage of the costs associated with the accident—including property, medical, and lost income. Even the insurance companies of the drivers who are not found at fault may pay some amount.

This does not mean fault doesn’t matter. If you are found to be at fault, you may face additional penalties. Your driving record may be impacted, and you may also have to pay for higher insurance premiums.

Your legal dispute in New York cases may be with your own insurance company rather than another driver. Your insurance company may attempt to pay less than the amount that is owed to you under your policy. It may be necessary to file a legal claim against your own insurance company to get what you are owed.

What are the no-fault exceptions

While no-fault rules apply to most collisions, there are important exceptions. In cases of catastrophic injuries or reckless behavior, you may be able to file a suit against other drivers.

If your case goes to a trial, a pure comparative fault rule may apply. In these cases, the jury is asked to determine the percentage of fault that applies to each party. Any damages that are awarded to the plaintiff will be reduced by the percentage that they have been found at fault.

What are the common causes of car accidents in New York?

Certain actions taken while driving may be used to establish fault. You may be found to be more at fault if you have made mistakes while driving or engaged in reckless behavior.

New York publishes research about the causes of accidents, based on statistics gathered by the New York State Department of Motor Vehicles. Research from 2014 showed that the following causes (in order from most frequent to least) were a major factor in accidents in the city:

A lawyer can help you recover from a car accident in a number of important ways. Lawyers can apply their expertise toward protecting you in all of the following ways:

This is not a complete list of all the ways that a lawyer can help you. All car accidents in New York are different, and there will almost certainly be factors in your case that have not been mentioned here.

For the best possible outcome in any legal case, you want to choose a law firm that you trust and a legal team that makes you feel confident in their ability to communicate with you, protect your legal rights and win the best possible compensation for your injuries.

You should also consider the location of the law firm. Even if you have a trusted attorney where you live, if you are injured on an out-of-town visit to Long Island, you would be wise to consider an experienced Long Island car accident lawyer. Here’s why.

01. A local attorney will know many of the judges in each district court, as well as local attorneys who may work with the plaintiff/s in your case. They have a thorough knowledge of the procedures of each county’s civil courts. For example, Suffolk County has six District courthouse that hear civil cases, while Nassau has one District Court that can handle civil cases up to $15,000, a County Court to hear civil cases up to $25,000, and a Supreme Court that handles civil cases beyond this amount.

02. They will know where, when and how to file any necessary legal petitions, motions, or other documents with administrative offices and civil courts in the three counties that make up Long Island.

03. A Long Island law firm will be conveniently located and will not need to mail documents via FedEx or UPS, creating potential delays in your case. A local law firm can make sure documents arrive and are received using couriers and law firm staff. When medical bills are piling up and you or a loved one is unable to work and earn a living, every additional day that your case remains unresolved is a burden you should not have to face. When you have a team of Long Island personal injury attorneys who provide exceptional attention to their clients there is no need for unnecessary delays.

04. An experienced Long Island personal injury attorney will know what juries in each district court tend to award car accident victims if a case is to go to trial. This can make settling for the compensation you deserve much easier. So much of civil law is about experience and knowledge of the specific jurisdiction where a case may be heard. How much you can expect to be compensated, the best approach to arguing your case in a particular court, and even how juries and judges will view certain types of car accidents lawsuits in the area are all essential pieces of knowledge. This is the type of local intelligence that only a Long Island attorney will possess.

05. A Long Island personal injury law firm will also be able to gather information from the accident scene, witness testimony, your immediate hospital records, and information on other drivers, along with other details about the accident that may be difficult for an out-of-state law firm to piece together by phone and via the internet.

06. If you are a Long Island resident, all the better to work with a law firm that is close to you and the courts where your case may be heard. If in-person interviews, affidavits or sworn testimony become necessary for your case or claim to move forward there, a local attorney will be close by and available whenever you need them. At Chaikin LaPenna, our team of experienced attorneys have spent years helping car accident victims on Long Island and in New York City win the compensation they deserve. We will be there for you every step of the way — call today for an initial consultation.

Long Island has some of the most beautiful destinations in the country and some of the most breathtaking drives to reach them. Long Island is filled with rustic villages with farmers markets, pristine beaches with gorgeous old lighthouses, and tranquil state parks with majestic ocean views. That said, driving on Long Island can feel like you are an unwilling participant in the classic arcade game “Pole Position” — with winding roads, treacherous road hazards like massive potholes, huge slow-moving 18-wheelers, and other drivers zooming up from behind at ridiculous speeds. Seven of the ten most dangerous roads in New York State can be found on Long Island.

The Southern State Parkway, designed in the 1920s to bring city dwellers to Jones Beach and other destinations, features perilously narrow turns, decades worth of haphazardly added upgrades and exits, poor lighting, and pot-holes that will take out a tire and destroy your rims if you’re unlucky enough to land in one. Its most dangerous 10-mile stretch, known as “Blood Alley,” (between exits 17 and 32) is considered one of the most dangerous sections of road in New York State and possibly the country.

Jericho Turnpike (or Route 25), where speeders abound and left-hand turn lanes and crosswalks are few and far between, is a nightmare for both drivers and pedestrians. Interstate 495 (also known as the Long Island Expressway or LIE) is one of the busiest and most dangerous thoroughfares, spanning the length of the island. Too many vehicles travel at warp speed, tailgate, and weave in and out of lanes along this eight-lane behemoth.

Finally, Hampstead Parkway in Nassau County is a mess of an arterial road that is consistently ranked the most dangerous road in New York State for pedestrians who dare to cross it.

Driver error is often involved — dangerous maneuvers like tailgating, speeding, sudden lane changes, or blowing through stop signs are far too common on Long Island roadways. Drunk driving, impaired driving, and distracted driving are also big problems. But just as likely, the fault lies to some extent with poor road design, shoddy upgrades, nearly non-existent maintenance, and communities that have outgrown their connecting roadways without leaders making necessary fixes. If you or a loved one is injured as a driver or pedestrian on any of these or another Long Island roadway, you would be wise to speak with an experienced Long Island personal injury lawyer right away. Protect your interests and make sure you get the financial recovery you deserve–call the skilled legal team at Chaikin LaPenna today. Click here to read more about Long Island’s deadliest roads.

You have a significant number of options if you need legal help with car accidents in New York. Chaikin LaPenna is an excellent option because of our focus on personal injury cases, and in particular car accidents, truck accidents, and motorcycle accidents, along with the experience we have delivering excellent outcomes for our clients.

The lawyers at Chaikin LaPenna have worked extensively on Long Island personal injury lawsuits that involved serious bodily injury and wrongful deaths. These events are unfortunately very common in car accidents. Our team of skilled personal injury attorneys has experience helping juries understand the true costs of these injuries.

Our law firm has developed an impressive collection of verdicts and settlements for our clients.

$46.1 Million – Car Accident: Rear ended

The 44-year-old plaintiff was rear-ended on the Long Island Expressway and experienced numbness in this hand caused by a herniated disk in his neck. His meniscus was also shredded in the collision and the injuries have required multiple surgeries.

The jury award includes roughly $5 million for past damages, $36 million for future damages and $5 million for future medical expenses.

$1.7 Million – Car Accident: Collision

The client was an ambulance driver responding to an emergency call. While in the process of making a left-hand turn with the ambulance lights and sirens in operation, he was struck by a vehicle going straight.

The client sustained neck and back injuries resulting in a need for cervical spine surgery. Prior to trial, all parties agreed to attend a mediation in an attempt to resolve the matter.

Defendants vigorously argued that the injuries sustained by our client were pre-existing and not caused by the accident. They claimed that our client did not need the surgeries. The matter was resolved to the benefit of the client in an amount of $1.7 million.

$1.25 Million – Car Accident: Struck when pulled over

Through aggressive litigation, full policy limits in the amount of $1.25 million were tendered within 14 months of the accident for the injured passenger in a motor vehicle accident.

The client was a rear-seat passenger in a motor vehicle that was pulled over on the shoulder of the Staten Island Expressway when it was rear-ended by the defendant in the early morning hours. In the accident, the plaintiff suffered multiple fractures, which required surgery.

As a result of our swift action, we secured summary judgment on the issue of liability. This led to the insurer tendering all applicable policies, which totaled $1.25 million.