Driver Kills One And Injures Twelve Others In Car Accident

Lever & Ecker, PLLC July 13, 2016 Car Accidents

The police are still investigating a crash that involved a total of ten cars and left one accident victim dead and twelve others injured.

The Facts

So far, the police have determined that the beginning of the chain of car accident which injures twelveevents started with the elderly driver of a Lexus who was involved in a minor accident on Staten Island with another driver. Instead of pulling over to address the situation, she sped off. She then struck several other vehicles that were sitting at a red light. The angle and speed at which she hit the other vehicles caused her car to go airborne and then strike multiple vehicles in the intersection.

Two people, including the driver of the Lexus, were critically injured, and ten others were found to have minor injuries. One 74-year-old man was declared dead at the scene of the accident.

How Will Insurance Handle The Multi-Car Accident?

In New York, the state follows a “no-fault” system that is applied to automobile insurance. This means that if a driver is involved in an accident in New York, they must turn to their own insurance for coverage of medical expenses and other damages, regardless of who caused the accident.

Does This Mean They Can’t File A Lawsuit?courtroom where car accident victims can obtain compensation

In order to be eligible to file a car accident lawsuit in New York, you need to qualify by having suffered one of the following serious injuries:

  • significant disfigurement
  • broken bone
  • permanent damage to an organ
  • an injury that limits the use of a body function

Victims may also file if the injury they suffered resulted in full disability for 90 days or more.

I Was Seriously Injured In A Car Accident – How Do I File A Lawsuit?

If you believe that you are eligible to file a lawsuit against a negligent driver who caused the accident in which you were injured, the first thing you should do is contact an attorney.

While it is possible to pursue legal action on your own, the process of filing is complicated, and most plaintiffs find that their energy is better spent on healing. An attorney can review the details of the accident and the injuries you have suffered and let you know if you have a case.

Will A Car Accident Attorney Represent Me At Trial?

Yes. If the case goes to trial, an attorney will fight for your rights on your behalf. However, in the majority of personal injury cases, the lawsuit reaches a settlement agreement prior to getting to trial.

Quite often, an attorney is able to negotiate a fair settlement with the defendant and the insurance companies.

Should I Avoid Talking To The Insurance Company?

You should call to report the accident took place and file an insurance claim, however, before talking to the adjuster, it is wise to consult an attorney. Keep in mind that insurance companies are businesses that are always looking to make a profit, and they can’t make that profit if they pay every claim. Many companies specifically train their adjusters to ask questions which may lead to the reduction of benefits paid out to the policyholder.

An Investigation Has Shown A Defect In The Car Caused The Accident Not The Other Driver. Now What?

If there was a defect in the car that caused the accident, then it may be possible to file a lawsuit against the company that manufactured the car or the product that was defective. This is known as a defective product lawsuit. Many car manufacturers, like Toyota and Honda, as well as the manufacturers of brakes and airbags that failed to work, have faced lawsuits filed by those that were injured by their products.