Car Accident Laws to Prioritize Victims’ Rights and Compensation

Car accidents can be complex. Victims may be able to recover compensation from the at-fault driver, depending on state law and the defendant’s insurance policy.

Lawyers analyze evidence in the case, such as police reports and crash photos. They may also review medical records to establish a connection between the injuries and the accident. They also assess comparative negligence laws, which may limit a plaintiff’s recovery. Check out Kevin A. Adamson, P.C. for more helpful information.

Police Report

Car Accident Laws

A car accident is a complex event with many possible causes. It takes a thorough investigation to determine which driver is at fault. A police report is an important tool in this process. The information contained in a police report will form the foundation of a case against the at-fault driver.

If the crash occurred in New York, you can request a copy of the police report for free. You can do this by visiting the NYPD precinct where the accident took place, within 30 days of the completion of the police report. You can also get a copy of the report online through the NYPD’s portal. Typically, identifying information will be removed or blacked out from the report to protect victims’ privacy.

When you visit the police station, be sure to bring any other documentation you have regarding the crash. This may include any medical bills, receipts for out-of-pocket expenses and estimates of damage to your vehicle. If you were able to obtain security camera footage from the scene, it can also be a helpful piece of evidence in your case.

You should also try to get the names and contact information of any witnesses. If possible, get the license plate number, year and make of each vehicle involved in the accident. Also, if you have insurance company information cards, you should write down the name of your insurer and the policy number.

While there are a number of things you can do to prepare for your claim, one of the most important is to hire an attorney. Your lawyer will have the skills and resources to handle negotiations with the at-fault party’s insurance company.

A good Manhattan car accident attorney will have a proven track record and a strong reputation in the community. This will give them a significant advantage when it comes to negotiating settlements and litigating in court. In addition, top lawyers have a network of connections with other attorneys, judges and experts that they can draw upon to help them win cases. They will use this network to build a strong case for their clients.

Medical Treatment

When car accident victims are seriously injured, their medical treatment will be extensive and costly. In New York, victims can seek compensation through the no-fault insurance system for a limited amount of their economic losses, including past and future medical bills, lost earnings, property damage, and vehicle or home modification costs. If the crash caused injuries that qualify as a serious injury, victims can also seek additional compensation through a negligence lawsuit against the driver or vehicle owner who was at fault for the accident.

To recover damages, a victim must prove that the defendant owed them a duty, breached that duty, and the breach was the direct cause of their injuries. Duty in a car accident case generally refers to acting with reasonable care under the circumstances, and breaching that duty could consist of any action that falls short of this standard. Causation is another requirement, and it generally means that the injury was a reasonably foreseeable result of the breach.

Evidence in a car accident case can consist of tangible items, such as photographs and videos of the accident scene, police reports, medical bills and pay stubs showing missed work, and receipts for damages. However, testimony by witnesses can be an important piece of evidence as well. An attorney can help victims collect contact information for witnesses at the accident scene and follow up with them later to obtain a statement or subpoena them for trial.

Even though it is not always easy to determine who was at fault for a car accident, victims should always report their claim within the required deadlines. If a victim fails to do this, the court probably will dismiss their lawsuit.

Similarly, victims should never give a recorded or written statement to the other party’s insurance company. They should instead speak to a lawyer who can handle all communications with the insurance company and protect the victim’s rights. An experienced attorney may also be able to negotiate a more favorable settlement for the victim based on their knowledge of the law and the nuances of specific cases.

Filing a Claim

Your primary focus in the immediate aftermath of a car accident should be on medical treatment and recovery. However, you also have legal rights that should be protected. Fortunately, an experienced motor vehicle accident lawyer can help.

You have the right to full compensation for every loss you incurred because of another party’s negligent or wrongful actions. This includes reimbursement for your monetary losses and the non-monetary or intangible losses you experienced. This can include pain and suffering, disfigurement, and loss of consortium. It can also include future wage losses if your injuries are permanent or long-term.

The initial steps you take in the aftermath of a car accident can profoundly impact the trajectory of your claim for compensation. You may want to take photos of the scene and record contact information for witnesses, if available. This information can prove extremely useful as the claims process progresses.

It is also a good idea to copy down the other driver’s license, vehicle and insurance information, as well as any of their passengers. You should also write down a description of what happened, including the direction each vehicle was traveling at the time of the accident.

Additionally, if you have not already done so, you should get in touch with your own insurance company about filing a first-party claim for no-fault benefits. Depending on your state’s laws and your insurance policy, this could potentially be the only claim you need to make for your damages.

Under New York law, you are only able to file a lawsuit against the at-fault driver for additional damages if your injuries exceed the threshold that the state classifies as “serious injury.” Your motor vehicle accident attorney can advise you about the severity of your injuries and whether or not they meet this threshold.

In addition to the at-fault driver, you may be able to pursue compensation from other parties that contributed to your collision, such as the manufacturer of a defective part or another driver who failed to yield. Your attorney can conduct a thorough investigation to identify all responsible parties and their insurers.


Some car accident victims can resolve their cases with insurance companies without going to court. However, that is not always the case. Most car accident victims will need to file a lawsuit against a negligent driver or other parties to obtain the financial compensation they deserve for their losses. To make that happen, they will need to gather various types of evidence for use in their case. This evidence can include things like photos of the crash scene, witness statements, police reports and medical bills. The injured party can also introduce receipts and pay stubs to show their economic losses.

The evidence will need to support the victim’s claim for damages that are based on a theory of negligence. Negligence is a failure to exercise the degree of care that a reasonable person would have in the circumstances. This may have resulted in the accident or in the victim’s injuries. To prove negligence, the victim must demonstrate a duty, breach of that duty, causation and damages.

Victims may be entitled to compensation for both economic and non-economic damages. Economic damages include such items as past and future medical expenses, lost wages and loss of earning capacity and property damage. Non-economic damages include items such as pain and suffering and loss of enjoyment of life. The amount of damages to which a victim is entitled will depend on the severity of their injuries.

When a defendant is defending a car accident case, they will likely try to assign some level of fault to the victim for causing the crash. In some jurisdictions, this can prevent a plaintiff from recovering any damages at all if they are found to be more than 50 percent responsible for the accident. However, in New York, we have a rule known as pure comparative negligence, codified in Civil Practice Law and Rules Section 1411. This law allows victims to recover damages that are proportional to the percentage of fault assigned to them.

If you have been hurt in a car accident and are trying to secure the compensation that you need, contact an experienced lawyer. Most lawyers will offer a free consultation and work on a contingency basis, meaning that they do not get paid unless they win your case and the award includes damages.