According to the Governor’s Traffic Safety Committee, approximately 10,000 people in New York lose their lives due to speeding accidents each year. Unfortunately, this is an issue that New Yorkers have become all too familiar with. If you have been injured by a speeding driver, you might be wondering how to pursue compensation for your various damages. These might include medical expenses, missed wages, emotional distress, and many others. If you have lost a loved one due to a New York City speeding accident, you might also be struggling to pay funeral expenses. A New York City personal injury lawyer can offer legal assistance to address these issues. At David Resnick & Associates, P.C. we have the needed experience and compassion to help you and your family through this troubling time.
How Can an Auto Accident Attorney in New York City Help?
New York City auto accident lawyers can assist in several different ways. First, they might help you determine who you can hold liable for your injury. This might include the negligent drivers themselves. You might also have the ability to sue numerous drivers for the same accident – such as a group of street racers.
Next, your attorney may help you gather important evidence to support your claims. For example, you might need to collect medical records that prove you suffered real injuries. You might also need to compile pay stubs and tax returns to establish the value of your lost wages. Additional evidence from the crash scene might help establish negligence on the part of the speeding drivers.
Your New York speeding accident attorney may then use this supporting documentation to negotiate on your behalf for a settlement – often provided by an insurance company. This settlement should be enough to cover your various damages – and it should help you avoid litigation. If the negotiations are unsuccessful for whatever reason, your attorney can represent you in court during a trial – although this is rare.
Is Speeding a Sign of Negligence in New York?
Speeding is a clear sign of negligence in New York. Motorists owe each other a “duty of care,” and they have a legal duty to respect posted speed limits. If they exceed these speed limits, their unlawful behavior constitutes clear negligence. Many different types of motorists may decide to speed for various reasons, including:
- Truckers
- Taxi drivers
- Rideshare drivers
- Delivery vans
- Street racers
- Road rage drivers
- Negligent motorists
- Intoxicated individuals
There is no excuse for speeding – whether the driver is trying to get to work, make a medical appointment, or anything else.
How Can I Prove That the At-Fault Driver Was Speeding?
Police experts can help establish the speed of a negligent driver using a variety of methods. One option is to examine tire marks at the scene of the crash. With advanced forensic techniques, experts can use these marks to calculate the speed of the vehicle. Another option might be to check surveillance footage, traffic cameras, or dashcam footage. Of course, they might also ask witnesses whether the defendant was speeding.
Ultimately, it might not be necessary to prove anything while pursuing compensation for a speeding accident in New York. This is because the Empire State follows a “no-fault” system when it comes to car insurance. Under this system, injured victims can simply turn to their own PIP insurance policy for compensation without ever establishing fault. For serious, life-altering accidents, however, personal injury lawsuits may provide more suitable levels of compensation.
What if I Was Partly to Blame for a Speeding Accident in New York City?
Even if you were partially to blame for your own accident with a speeding driver in New York City, it is still possible to pursue compensation. New York follows a “pure” comparative negligence system, which means that you can pursue compensation even if you were 99% to blame for your own accident. The only caveat is that your total compensation goes down with greater levels of fault. In other words, you would only receive 1% of your total compensation if you were 99% responsible.
Find a Qualified Auto Accident Lawyer on New York City Today
If you have been searching for an experienced speeding accident attorney in New York City, look no further than David Resnick & Associates, P.C. We know that negligent, speeding drivers are all too common in New York City, and we have the resources and experience necessary to hold them accountable. Whether you have suffered whiplash or a permanent disability, you have the right to pursue compensation from all negligent parties that contributed to your accident. Book your consultation today to assess your legal options in more detail.