Albany Car Accident Attorneys

The risk of being involved in a car accident is greater than ever today. With all the trucks and delivery vehicles on the road, smartphone driver distraction, speeding, and other dangerous driving behaviors, you may not be able to avoid a crash, even when you are driving carefully. Turn to experienced Albany car accident attorneys for help if you have been hurt through someone else’s negligence.

How Many Car Accidents Happen in New York and Albany County?

For a recent 15-year period, the following traffic crash statistics are reported by the State of New York. On average, per year, there were:

• 6,207 hospitalizations for motor vehicle traffic crash injuries
• 106,6512 emergency room visits
• 292 deaths among vehicle occupants

Motor vehicle crashes are the fourth leading cause of injury-related death and the third leading cause of injury-related hospitalization in Albany County. New York state government reports that over a recent three-year period in Albany County, traffic crashes caused 14 deaths, 152 hospitalizations, and 1,907 emergency room visits per year.

Beyond the statistics lies these accidents' emotional and financial toll on individuals and families. Many victims face not only immediate medical emergencies but also long-term rehabilitation and therapy needs. Additionally, victims may experience a loss of income due to an inability to work, further exacerbating the financial strain. Insurance disputes often arise, complicating recovery efforts and prolonging the time to receive rightful compensation. Effective legal representation from a car accident attorney in Albany can be crucial in navigating these challenges and ensuring victims receive the support they need to rebuild their lives.

What Are the Leading Causes of Car Accidents Today?

Traffic crashes have many causes, including road hazards and mechanical failure. However, most car accidents today involve some type of driver negligence. Common causes include:

• Drunk driving: Every day in the U.S., approximately 32 people are killed in drunk-driving crashes – one every 45 minutes -- according to the National Highway Traffic Safety Administration (NHTSA). In the most recent year for which statistics are available, 11,654 people died in traffic accidents involving drunk drivers.
• Drugged driving: Drug-impaired driving is a growing factor in traffic crashes, as stated by the National Conference of State Legislatures (NCSL). Although there is a decreasing trend of alcohol use by drivers, more weekend nighttime drivers are testing positive for marijuana use, according to a recent NHTSA survey.
• Distracted driving: With the increased use of smartphones in the last decade, distracted driving has become a greater danger. Drivers should have their eyes on the road, their hands on the wheel, and their attention on operating the vehicle. Use of electronic devices while driving requires all three types of attention – visual, manual, and cognitive.
• Fatigued driving: Driving drowsy can be as dangerous as driving under the influence, as stated by the National Safety Council (NSC). Going more than 20 hours without sleep is equivalent to a blood alcohol concentration (BAC) of .08% in terms of operating a motor vehicle. The risk of a crash is three times greater for fatigued drivers.
• Aggressive driving: Reckless or aggressive driving puts others on the roadway at risk. This type of dangerous driving behavior may involve excessive speeding, unsafe lane changes, tailgating, failure to yield the right-of-way, and disregarding traffic signs and signals.

While personal responsibility plays a significant role in preventing these incidents, infrastructure can also be a factor. Poorly maintained roads, inadequate signage, and lack of pedestrian crossings can contribute to accidents. Addressing these environmental issues alongside promoting safe driving practices can help reduce the occurrence of car accidents. Community initiatives and government policies reinforcing road safety can make a considerable difference in safeguarding lives. 

Our Car Accident Attorneys Handle Every Type of Crash

A car accident occurs when a vehicle collides with another vehicle, a pedestrian, an object, or even animals, resulting in damage, injury, or sometimes death. In New York, like elsewhere, several common types of car accidents occur:

• Rear-end  Car Accidents: Getting hit from behind can cause more than just damage to your car—it can leave you dealing with injuries and stress. We’ll help you recover the compensation you need to move forward.
• Backing up Car Accidents: Accidents happen quickly when someone doesn’t check their surroundings. If you’ve been hit by a backing vehicle, we’ll make sure you’re not stuck with the consequences.
• Intersection Car Accidents: Intersections are often chaos, and a crash here can change everything in an instant. We’ll help you figure out who’s at fault and fight for the compensation you deserve.
• Distracted Driving Car Accidents: A moment of distraction behind the wheel can lead to life-changing consequences. If you’ve been injured by a distracted driver, we’ll help you hold them accountable.
• Drunk Driving Car Accidents: Being hit by a drunk driver is devastating and entirely preventable. We’ll fight to hold them accountable and work to get you the compensation you need to rebuild and recover.
• Head-on Car Accidents: Head-on crashes are terrifying and often lead to serious injuries. We’re here to help you recover physically, emotionally, and financially after such a devastating event.
• Left Turn Car Accidents: When drivers don’t yield or misjudge a turn, the results can be catastrophic. We’ll make sure you’re protected and fight for justice if you’ve been injured in a left-turn accident.
• Hit-and-Run Car Accidents: Being hit and left behind by a driver is infuriating and overwhelming. We’ll track down every avenue to ensure you get the compensation you need, even if the driver is unknown.
• Low-Speed Car Accidents: Even small crashes can cause big headaches. From hidden injuries to property damage, we’ll help you make sure nothing is overlooked.
• Parked Vehicle Car Accidents: Being seated in a parked car and then suddenly struck by a negligent motorist is life-altering. We’ll help you hold the responsible party accountable and get the repairs covered and you compensated for your injuries.

Understanding different accident types can help victims navigate the aftermath more confidently. Each accident type presents distinct challenges in proving fault, negotiating settlements, and achieving fair compensation. Familiarity with these nuances allows victims to take a proactive approach, ensuring they gather all necessary documentation and accurately report their experiences when seeking legal help. Comprehensive knowledge strengthens the foundation for a successful outcome.

Albany's Major Roadways: Common Accident Zones

Albany's geography and infrastructure play a crucial role in influencing traffic patterns and accident hotspots. Major roadways like Interstate 87, Interstate 90, and the Albany Beltway are notorious for high traffic volumes and, unfortunately, frequent accidents. The interchanges along these highways contribute to complex driving conditions, leading to congestion and potential collisions.

Residents should be aware of specific areas prone to mishaps, such as the junction where I-90 meets I-787, a site known for frequent rear-end collisions and sideswipes during rush hours. These zones require heightened attention, particularly during peak traffic, inclement weather, or construction. Staying informed about these areas and adjusting driving habits accordingly can significantly reduce the risk of accidents. Our dedicated team of Albany car accident lawyers understands the intricacies of these locations and provides informed guidance to navigate such challenging circumstances.

After an Albany Crash You're Entitled to New York No-Fault Benefits

After a car accident, your New York No-Fault benefits will cover your medical bills, lost wages, and other economic losses, regardless of who caused the accident. This system aims to streamline the compensation process and avoid lengthy legal battles for minor claims.

Each driver's Personal Injury Protection (PIP) coverage, a part of their own car insurance, is responsible for covering their medical expenses and certain other losses up to a predetermined limit, typically around $50,000. This coverage applies regardless of fault, allowing individuals to quickly access necessary medical treatment without waiting for fault determinations or lawsuits.

However, there's a threshold for serious injuries in New York. If a person's injuries exceed a certain level of severity defined by the state's insurance regulations, they have the right to step outside the no-fault system and pursue a claim against the at-fault driver for additional compensation.

These severe injuries might include:

Significant Disfigurement: Severe scarring, burns, or other forms of disfigurement that significantly alter a person's appearance and may lead to emotional distress and social stigma.

Bone Fractures: Severe fractures that cause substantial impairment, restrict mobility, or require extensive medical treatment such as surgery, implantation of hardware, or prolonged rehabilitation.

Significant Limitation of Use: Injuries causing substantial limitations on the ability to use a body function or system, impairing mobility, dexterity, or bodily functions. For instance, severe nerve damage or injuries leading to significant impairment or loss of function in limbs or bodily systems.

Permanent Loss of Use: Injuries that result in permanent loss or impairment of a body part or function, impacting a person's ability to perform daily activities or work.

Significant Limitation of a Bodily Function or System: Injuries that significantly limit the functioning of a body system, such as the respiratory, circulatory, digestive, or other major systems, affecting overall health and well-being.

Non-permanent Injury of a Permanent Nature: Severe injuries that may not be permanent but are expected to cause substantial impairment or limitations for a considerable duration, affecting a person's quality of life and ability to carry out daily activities.

These types of injuries are evaluated based on medical documentation, expert opinions, and the impact they have on an individual's life. By meeting this threshold, the injured party can file a lawsuit against the at-fault driver seeking compensation for pain and suffering, emotional distress, and other non-economic damages that go beyond what the no-fault coverage provides. This allows individuals with severe injuries to seek adequate compensation beyond the limitations of the no-fault system.

It's important to note that navigating these thresholds and legal complexities often requires the assistance of an experienced attorney specializing in personal injury cases. Our legal team at Horn Wright, LLP can assess the situation, determine if the injuries meet the criteria to step outside the no-fault system, and guide individuals through the process of pursuing further compensation from the at-fault party.

Understanding New York's No-Fault Insurance System

New York's no-fault insurance system is designed to provide quick financial relief to car accident victims, covering essential medical expenses and lost wages regardless of who was responsible for the crash. Every car insurance policy in the state includes Personal Injury Protection (PIP), which can cover up to $50,000 per person. This ensures that individuals receive immediate medical attention without worrying about medical bills stacking up.

However, navigating this system can be complex, significantly, when injuries surpass the no-fault threshold. In such cases, victims may be entitled to pursue further compensation through personal injury claims. Understanding the severity of injuries and the potential for long-term impacts is crucial, and legal assistance from a car accident lawyer in Albany can be pivotal in these instances. We assist clients in managing the no-fault insurance claims process efficiently, ensuring all paperwork is correctly filed, and advocating for their additional rights when injury severity demands it.

Do You Need a Lawyer After a Car Accident?

After a serious car accident that was someone else’s fault, your best chance of recovering full compensation for your losses is to have an experienced personal injury attorney handling your claim. Insurance companies are in business for profit and mainly interested in their own bottom line. The goal of their representatives is to minimize their payout or deny your claim altogether. Our Albany car accident lawyers can:

• Investigate your accident to determine fault and liability
• Secure evidence to support your claim
• Build a strong case based on the facts
• Assess the full extent of your damages – past, present, and future
• Negotiate skillfully with insurance companies on your behalf
• Go to trial for the compensation you deserve if necessary

Understanding the importance of legal assistance can significantly affect the outcome of personal injury claims. Lawyers provide more than representation; they offer strategic advice, emotional support, and a thorough understanding of complex legal landscapes. Engaging a legal professional can alleviate the burden on accident victims, allowing them to focus on recovery without the added stress of navigating bureaucracy. Those involved in accidents should consider this essential partnership as a vital part of their overall recovery strategy. With Horn Wright, LLP, you are assured of a team that fights for your rights and provides personalized support throughout your journey to recovery.

Frequently Asked Questions About Car Accident Claims

What Should I Do Immediately After a Car Accident?

Immediately following a car accident, prioritize your safety and health. Move to a safe location, if possible, away from moving traffic. Contact emergency services by dialing 911, providing them with detailed information about your location and the accident's severity. Receiving a medical evaluation promptly is crucial as some injuries may not be immediately apparent. Documentation is key: take photographs of the accident scene, including vehicle damage, road conditions, and any visible injuries. Exchange contact and insurance details with the other parties involved. Avoid discussing fault or making statements admitting guilt at the scene; instead, share factual information.

How Long Do I Have to File a Claim After an Accident in Albany?

In Albany, as in the rest of New York, the statute of limitations for filing a personal injury claim after a car accident is generally three years from the accident date. You have a three-year window to initiate legal proceedings against the party at fault. However, there are exceptions to this rule depending on various circumstances, such as whether the claim is against a government entity. It’s advisable to consult with a car accident attorney in Albany trusts as soon as possible to ensure that your rights are preserved and that evidence is preserved promptly.

How Can an Attorney Help with My Albany Car Accident Claim?

An attorney plays a vital role in managing and pursuing a car accident claim. They provide valuable guidance on the legal process, ensuring that all paperwork and documentation are correctly filed according to local laws and deadlines. Attorneys have the expertise to conduct thorough investigations into the accident, gathering crucial evidence such as police reports, eyewitness testimony, and accident reconstructions. They also negotiate with insurance companies on your behalf, aiming to secure a fair settlement that reflects the full extent of your losses. Should negotiations not result in a fair offer, your attorney will represent your interests vigorously in court.

Can I Settle My Car Accident Claim Without Going to Court?

Yes, most car accident claims are settled outside court through negotiations with the at-fault party's insurance company. A settlement can offer a more expedient resolution, allowing victims to move forward with their recovery without delaying a trial. However, reaching a settlement that accurately reflects the extent of your injuries and damages often requires the negotiation skills and advocacy of an experienced attorney. It is essential to consult with legal counsel before accepting any settlement offer to ensure that your best interests are protected and that you are not accepting less than what you deserve.

At Horn Wright, LLP, we have the knowledge, skills, and resources to maximize your recovery after a serious car accident. Work with a law firm that puts you first. Contact us to schedule a free case review at (518) 520-4667.