Driver Lucky To Be Alive After Five Car Pile Up

Lever & Ecker, PLLC January 22, 2016 Car Accidents

One man is extremely lucky to be alive after his car was crushed in a five car accident on a Brooklyn expressway earlier this month.

The Chain Reaction

The accident, which left the Toyota that the victim was driving completely crushed, was sparked but a series of events that happened in a matter of seconds.

A tow truck had pulled over to assist a stranded driver on the expressway. Within moments, the tow truck had been rear ended up a minivan. The driver of the Toyota then hit the minivan and was almost immediately hit from behind by a pickup truck.

The Toyota was crushed in between the two vehicles. Members of the emergency crew said that the vehicle looked like an “accordion” and stated that it “looked like it went through a vehicle press.” They were shocked to find that the driver was still conscious and talking.

Firefighters began the long arduous process of cutting him out of his car.  Using a tool commonly known as the “Jaws of Life” they removed portions of the car so he could be rescued. It took 45 minutes to cut him out of his car. He was then taken to a nearby hospital where his condition is described as critical but stable.

Who Is At Fault?

New York is a “No-Fault” state, which means that regardless of who was at-fault, each driver turns to their own insurance for compensation for their losses. However, there are a few times when the law allows victims to go outside of the confines of this system:

  • when the victim has been scarred or disfigured
  • when the victim’s insurance limits have been reached and they still require medical treatment
  • when a bone has been broken
  • when a victim has died

If any of these has occurred, the victim has the right to explore their options and pursue legal action against the at-fault party.

Determining who was at fault in a multi-vehicle accident can be difficult. Typically, any car that hits another car from behind is responsible for the damage that is caused. However, there are exceptions to this rule and if the car is hit by multiple vehicles, like the Toyota, there may be more than one party who is considered at-fault.

What Is Comparative Negligence?

If it is determined that the driver of the Toyota was partially at-fault for the accident, it doesn’t prevent the driver from seeking compensation for their injuries. If they choose to pursue legal action, and the judge and/or jury awards damages, the amount that the victim receives will be reduced by a percentage that represents how much of the accident was their responsibility.

How Do I Know If I Have A Case?

If you have been questioning whether or not you have a case, the best thing you can do is consult with a car accident attorney. An attorney can review all of the facts pertaining to your accident and inform you of all legal avenues available to you.

How Long Will The Legal Process Take?

Each case is different and there is no way that we can accurately determine how long the entire process will take. However, on average, each case lasts at least several months.

How Much Money Could A Victim Potentially Recover?

This is another question that is difficult to answer without first going over all of the facts of the accident and the resulting injuries. No two victims suffer the exact same injuries and the losses each one suffers can be vastly different.

To learn more about your legal options and how much you might potentially be able to recover, contact us today.

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