Queller, Fisher, Washor, Fuchs & Kool, L.L.P.

Brooklyn Car Accident

Individuals who have been injured in a car accident may suffer numerous hardships in its aftermath. Emotional trauma, physical injuries such as brain damage, spinal cord injuries, burns, amputations and internal bleeding, and financial strain due to medical bills not covered by insurance and the victim’s lost wages can all follow a serious car accident. Whilst the emotional trauma that results from being involved in car accident is undoubtedly a bigger problem, the added financial strain does little to improve the victim's situation. When the accident occurred due to another driver’s negligence, the victim may have grounds to recover compensation via a lawsuit. At Queller, Fisher, Washor, Fuchs & Kool, our Brooklyn car accident lawyers will review your case in order to determine whether you may have grounds to recover compensation in a personal injury lawsuit.

If you or someone you love has recently been injured in a car accident in Brooklyn, give our firm a call. One of our attorneys will speak to you at no charge or obligation to yourself. You can reach Queller, Fisher, Washor, Fuchs & Kool at 212.406.1700 or contact us online.

Types of Injuries Sustained in Car Accidents

Injuries resulting from car accidents vary greatly depending on the nature and extent of the accident. Minor car accidents can cause broken bones, lacerations and slight bruising while other major car accidents can result in the victim being paralyzed for life, or even worse, dead. The attorneys at Queller, Fisher, Washor, Fuchs & Kool have decades of experience representing individuals who have been victims to a wide ranges of injuries, including:

  • Brain damage
  • Neck injuries
  • Burns
  • Spinal cord damage
  • Amputations
  • Severe head injuries
  • Back injuries
  • Wrongful Death
Common Causes of Brooklyn Car Accidents

Considering a car accident can be caused by numerous factors, not all of them qualify as grounds for a lawsuit. It is possible that you have grounds for a valid lawsuit if the car accident that you were involved in was caused by any of the following factors:

  • Driver was driving under the influence of drugs or alcohol
  • Speeding
  • Tailgating
  • Driver was inattentive being the wheel
  • Driver was texting or talking on the phone while driving
  • Failure to obey traffic regulations
  • Failure to yield
  • The roadway was defective due to negligence or poor maintenance
  • The vehicle in question had a mechanical defect which caused the accident

The above are not in and of themselves sufficient grounds for a lawsuit. In order to have a valid claim, the plaintiff must be able to show that the aforementioned negligent act was directly responsible for their accident and subsequent injury. Additionally, in order to have a valid claim the victim must have sustained either economic or noneconomic damages in the auto accident.

Insurance Issues Associated with Car Accidents No Fault Claims and Coverage

Every insurance policy in New York State is obligated to provide a minimum of $50,00 0 in no-fault or personal injury protection coverage. According to New York law, the vehicle you are operating or a passenger in is liable to pay your no-fault coverage in the event of an accident. In the case that a pedestrian was struck by a vehicle, the insurance policy of that vehicle is liable to pay the victim’s coverage irrespective of whether the driver was completely responsible for the accident or not. No-fault benefits cater to all medical expenses incurred, surgeries, any hospital bills, nursing care, ambulance trips, tests or x-rays, prescriptions for medication and prosthetic devices. Additionally, benefits also include physical, psychiatric or occupational therapy and rehabilitation. Benefits cover the loss of earnings up to $2000 per month in addition to a reasonable daily expenditure of $25 per day. In order to be eligible for these benefits in the event of an accident you must contact the relevant insurance company within thirty days of the occurrence of the accident. Failure to do so in a timely manner may result in the loss of these benefits that you could rightly deserve. In order to avoid such complications, contact the offices of Queller, Fisher, Washor, Fuchs & Kool today to discuss your legal options.

New York State Insurance Requirements Pertaining to Car Accidents

New York State requires individuals to purchase liability or bodily insurance to protect drivers, passengers, motorists and pedestrians in the event of a car accident. Car insurance policies, as mandated by New York law provide a minimum of $25,000 coverage per person and $50,000 per accident in liability or bodily injury coverage. Insurance policies must also pay out a minimum coverage of $50,000 in the case of an individual’s death in the accident. In terms of for-hire transportation in New York, such as yellow taxi cabs, black cars and limousines, the minimum insurance coverage amounts differ. According to the law, New York City Taxi and Limousine Commission must be insured with liability or bodily injury insurance with a minimum coverage of $100,000 per person and $300,000 per accident.

However, the aforementioned are merely the instituted coverage minimums for privately owned vehicles in New York. Many vehicle owners insure themselves and their vehicles with significantly higher insurance coverage in the event of an accident. Several commercial, business and company owned vehicles exceed the minimums by a significant amount with coverages amounting to $1 million or more. Considering the many categories applicable to a car accident in terms of pursuing compensation, it is necessary that you contact a competent attorney at Queller, Fisher, Washor, Fuchs & Kool today in order to discuss your legal options.

New York State Law in Circumstances Where the Driver Lacks Suitable Insurance

There are circumstances where the responsible and negligent party does not have proper insurance. An uninsured motor vehicle is defined as one whose owner is i) a financially irresponsible motorist ii) unknown and unidentifiable. If either one of these is true, then the vehicle that caused the accident would be defined as an uninsured vehicle thus activating the uninsured motorist coverage portion of your car insurance policy which then would be available to compensate you for your damages. Consequently, irrespective of the insurance coverage of the other driver involved, you would still be eligible to receive compensation from your own insurance company. The uninsured or underinsured coverage can be purchased from the insurance company with limits that equal the amount of coverage determined for liability or bodily injury coverage .

In the case that the owner of the vehicle responsible for the accident is underinsured, that is their insurance coverage does not cover the damages sustained by the victim, the underinsured or Supplementary Underinsured Motorist (SUM) coverage would then come in to play. Thus, Under New York law the injured person can make a claim for additional compensation against his own insurance carrier or the insurance carrier of the car that the victim was in when the accident took place. Once the claim has been filed and its validity verified, the victim will be compensated the difference between the damages he or she sustained and the coverage provided by the underinsured party. In addition to there being specific requirements, there are also stringent time limits associated with the filing of Underinsured or Supplementary Underinsured Motorist claims. Consequently, it is imperative that you contact an experienced attorney at Queller, Fisher, Washor, Fuchs & Kool at your earliest in order to avoid jeopardizing your chances of receiving maximum compensation for your damages.

Brooklyn Hit-and-Run Accidents

According to a comprehensive, but not necessarily surprising study, by the U.S. Department of Transportation bicyclists and pedestrians are most likely to be the victims of hit-and-run accidents. In fact, one in five bicycle and pedestrian fatalities occur in a hit-and-run. Failure to stop after an accident and to assist the victim and ensure that medical help is arriving is severely negligent and also increases the chances of the victim sustaining serious injuries or even death. Consequently, individuals who fail to realize their fault and their responsibility to the victim need to be relentlessly pursued so this kind of behavior ceases to exist in our society. Brooklyn hit-and-run accidents usually involve drunk, unlicensed, uninsured drivers or drivers with an unauthorized, borrowed or stolen car. In the event of an accident, Queller, Fisher, Washor, Fuchs & Kool is available to pursue compensation from the responsible party on your behalf. We will pursue the maximum compensation that you deserve by filing a claim against the responsible individual, his or her insurance company and even against your own insurance company if necessary.

Brooklyn Drunk Driving Accidents

An accident caused by an individual who was under the influence of alcohol or drugs while driving raises injustices of an even greater nature considering the accident could have easily been prevent had the responsible driver not been under the influence and acted negligently. Drunk drivers have the tendency to speed, weave in and out of other lanes and ignore traffic regulations. Such reckless driving can cause head-on or T-bone collisions resulting in brain, spinal cord, back, neck and burn injuries as well as fractures, amputations and even wrongful death. In the case that you, or a loved one, have been a victim of a drunk driving accident you might be eligible to be compensated for your damages. These include both economic damages such as medical expenses and lost wages in addition to noneconomic damages. At Queller, Fisher, Washor, Fuchs & Kool we will work with investigators and medical and financial experts in order to try and help you receive compensation that you may deserve.

How Can Queller, Fisher, Washor, Fuchs & Kool Help You?

At Queller, Fisher, Washor, Fuchs & Kool we have been dealing with automobile accident cases for the past five decades. It is extremely important that you retain one of our highly skilled attorneys in order to expedite the legal process for yourself. Our attorneys will deal with all aspects of the legal proceedings, the investigations, the medical and police records and the filing of the suit itself.

In the unfortunate case that either you or your loved one have been injured in a car accident, do not hesitate to call our New York law office at 212.406.1700 in order to discuss your legal options. After your first free consultation, we will determine whether or not you have a valid claim. In the case that you do, your case will be accepted on a contingent fees basis, that is no fees will be charged unless some monetary compensation is procured.

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