How To Deal with Insurance Companies After a Car Accident

When you sustain injuries in a New York car accident, one of your first steps will be to call your auto insurance company. And, if your injuries are particularly severe, you may be filing a claim with the at-fault party’s insurer, as well. For those reasons, It’s crucial to know how to deal with insurance companies after a car accident so you can protect yourself and pursue the compensation you deserve.

Talk To a Lawyer Right Away After a Crash

The best and easiest way to deal with an insurance company after a car accident is to let a lawyer do the heavy lifting for you. Your attorney can handle all the communication with all the insurance companies involved in your case, gather evidence to support your claim and negotiate fair settlements on your behalf. Not only does letting a lawyer do the hard work make life easier for you, but it also means they can help protect you from inadvertent mistakes that could hurt your claim.

Be Honest About Your Injuries Without Exaggerating

To recover full compensation for your injuries, you must document them all and provide evidence that the other party caused the accident and that your injuries resulted from the crash. While you should be thorough, it’s vital to avoid exaggerating your injuries. Doing so could give an insurance company justification to deny or reduce your claim. An attorney can help you gather evidence of your injuries and describe them accurately without embellishing them.

Never Give a Recorded Statement Without Talking to a Lawyer First

You may have to give a recorded statement about the accident to an insurance company as part of your claim. However, insurers can use a recorded statement against you to reduce your compensation or shift blame for the crash. Always talk to a lawyer before giving a recorded statement, as they can help you prepare and give you tips to avoid damaging your claim.

Never Accept an Insurance Company’s First Settlement Offer

Insurance companies often offer quick settlements after a collision because they know you need the money to pay your medical bills and other expenses. Once you accept a settlement, though, you cannot seek additional compensation if your injuries worsen or you have unexpected expenses. It’s crucial to make sure any settlement you agree to accounts for your current and future losses from a collision, and an attorney can review any settlement offers you receive to make sure they’re fair before you accept one.

Stay Off Social Media Until Your Case Concludes

While you might want to share updates about your case on social media, doing so can hurt your claim. Insurers can use anything you post against you, so it’s best to avoid giving them anything to use. For instance, photos of you with friends or family could make it look like your injuries aren’t as severe as you say, and anything you say about the collision could undercut your narrative of what happened.

Be Patient

Finally, it’s essential to remain patient as the legal process plays out. It can be frustrating when insurance companies drag their feet, or settlement negotiations stretch out for weeks or months, but insurers count on your frustration to make you eager to accept an early, inadequate settlement. Let your legal team protect your rights while you focus on healing and rebuilding your life.

Contact Our Syracuse Car Accident Attorney Now

You can avoid many insurance headaches after a car accident by working with an experienced personal injury lawyer. CDH Law PLLC has spent decades protecting the rights of people injured in car crashes caused by others and can be your champion in your fight for fair compensation. Call us today or complete our contact form for a free consultation.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay. 

Understanding Compensation for Broken Bones in Car Accidents

Car accidents can be life-altering events, often resulting in serious injuries such as broken bones— injuries that can have a significant physical, emotional, and financial impact on accident victims and their families. If you’ve suffered fractures due to someone else’s negligence on the road, you may be entitled to compensation. Here’s what you need to know to pursue your claim effectively and efficiently.

Legal Rights After a Car Accident in Syracuse

As a car accident victim in New York, you have the right to seek compensation for your injuries, including broken bones. New York follows a “no-fault” insurance system, which means that your own insurance company will cover some of your medical expenses and lost wages, regardless of who was at fault. However, broken bones entitle you to step outside the no-fault system and pursue additional compensation from the at-fault party.

Types of Damages Available

If someone else is responsible for causing the car accident that resulted in your fractures, you may be eligible for damages to compensate you for your:

  • Medical Expenses: This includes costs for emergency room visits, surgeries, hospital stays, medications, physical therapy, and any future medical care related to your broken bones.
  • Lost Wages: If your broken bones prevent you from working, you can claim compensation for lost income, including future earning capacity should your injuries result in long-term disability.
  • Pain and Suffering: This non-economic damage compensates you for the physical pain and emotional distress caused by your injuries.
  • Loss of Enjoyment of Life: If your broken bones prevent you from engaging in activities you once enjoyed, you may be entitled to compensation for this loss.
  • Property Damage: You can also seek compensation for damage to your vehicle and other personal property.

The Role of Insurance Companies

After a car accident, you’ll likely deal with both your own insurance company and the at-fault driver’s insurer. It’s important to remember that insurance companies are businesses focused on minimizing payouts and maximizing profits. They may try to undervalue your claim or pressure you into accepting a quick settlement that doesn’t fully cover your expenses.

This is where having experienced legal representation becomes crucial. Your lawyer can handle all communications with insurance companies on your behalf, protecting your rights and seeking fair compensation for your broken bones and other injuries.

The Importance of Legal Representation

The complexities of car accident claims, especially those involving serious injuries like broken bones, can be overwhelming. Here’s how an experienced personal injury attorney can help:

  • Evaluating Your Case: Your lawyer can assess the strength of your case and determine the full extent of compensation you may be entitled to.
  • Gathering Evidence: Next, the attorney can collect and preserve crucial evidence to support your claim, including medical records, accident reports, and witness statements.
  • Negotiating with Insurers: Your lawyer will have extensive experience negotiating with insurance companies to secure fair settlements without the need for a trial.
  • Litigating Your Case: If the insurers won’t make you a fair settlement, your lawyer is prepared to take your case to court and advocate for your rights before a judge and jury.

Steps to Take After a Car Accident

Here are some important steps you can take to protect your right to compensation for broken bones sustained in a car accident:

  • Report the accident to the police and your insurance company.
  • Document the accident scene with photos and gather contact information from witnesses.
  • Seek immediate medical attention.
  • Keep detailed records of all medical treatments and expenses related to your injuries.
  • Avoid giving recorded statements to insurance companies without legal representation.
  • Contact an experienced personal injury attorney as soon as possible.

Contact Our Syracuse & Central New York Car Accident Lawyer

The car accident lawyers at CDH Law, PLLC, are committed to helping car accident victims in Syracuse and throughout Central New York secure the compensation they deserve for broken bones and other injuries. Contact us today for a free consultation about your case, and let’s demand justice together.

Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay.

Psychological Impact of Car Accidents: Recognizing & Addressing PTSD

While the physical injuries from a car crash can be severe, the emotional trauma can also have a profound and lasting impact. Post-traumatic stress disorder (PTSD) is a frequent psychological result of car accidents. 

At Carden Dotzler Hammond, PLLC, we understand the challenges faced by car accident victims who were injured because of someone else’s wrongdoing, and we are dedicated to providing the support and legal guidance they need.

How Car Accidents Can Lead to PTSD

The sudden, violent nature of car accidents is traumatic. The experience of a collision, along with the fear of injury or death, can overwhelm the mind and body. Some factors that enhance the risk of developing PTSD after a car accident include:

  • The severity of the accident
  • Being injured
  • Witnessing others being harmed

Examples of traumatic experiences in car accidents include:

  • Being trapped in a vehicle
  • Experiencing a rollover
  • Seeing someone seriously injured or killed

These events can leave a lasting imprint on the psyche, leading to the development of PTSD symptoms.

Understanding PTSD

PTSD can occur after you experience or witness a traumatic event. Usually associated with military combat, PTSD can result from various traumatic experiences, including car accidents. Several other risk factors may contribute to the development of PTSD, such as:

  • History of mental health issues
  • Lack of social support
  • Previous trauma

Understanding these risk factors can help individuals recognize that they might have PTSD and seek appropriate support.

Symptoms of PTSD

PTSD symptoms can vary from person to person but typically fall into four categories:

  • Intrusive memories or flashbacks: Reliving the traumatic event through unwanted and distressing memories or nightmares.
  • Avoidance of reminders of the trauma: Avoiding certain places, people, or situations that trigger memories of the accident.
  • Negative changes in thoughts and mood: Experiencing fear, guilt, or detachment from others.
  • Changes in physical and emotional reactions: Irritability, sleeplessness, or being easily startled.

Impact of PTSD on Daily Life

PTSD can significantly interfere with daily functioning, affecting work performance and personal relationships. Individuals with PTSD may:

  • Struggle to concentrate
  • Experience mood swings
  • Withdraw from social interactions

The condition can also increase the risk of developing other mental health issues.

Coping Strategies and Treatment Options

Seeking professional help is crucial for individuals struggling with PTSD after a car accident. Mental health professionals can provide various treatments, including:

  • Cognitive-behavioral therapy (CBT): Assists individuals in recognizing and altering negative thought patterns and behaviors
  • Eye Movement Desensitization and Reprocessing (EMDR): Focuses on eye movements to process traumatic memories
  • Medication: Antidepressants may alleviate symptoms.
  • Support groups and self-care practices: Exercise and relaxation techniques can complement professional treatment.

The Role of Legal Support

Car accident victims with PTSD may be entitled to compensation for their emotional distress and treatment costs. At Carden Dotzler Hammond, PLLC, our experienced attorneys:

  • Understand the complexities of pursuing a claim that involves psychological injuries
  • Connect clients with skilled mental health professionals to ensure they receive the necessary support
  • Help clients obtain the resources they need to focus on recovery and move forward

Get the Legal Help You Need Now

PTSD is a severe and often overlooked consequence of car accidents. Recognizing the symptoms and seeking timely treatment can significantly affect the recovery process. If you or someone close to you is showing symptoms of PTSD following a car accident, get the support you need today.

Reach out for help from the experienced legal advocates of Carden Dotzler Hammond, PLLC. With the right help and resources, you can overcome the psychological impact of a car accident and reclaim your life.

What Should You Document Immediately After a Car Accident?

In the chaotic aftermath of a car accident, emotions run high, and it can be challenging to think clearly. However, documenting the scene promptly can be crucial for protecting your rights and building a strong personal injury claim. As seasoned personal injury attorneys in New York, we understand the importance of gathering pertinent information immediately after a car accident. Here, we will outline the key elements you should document to ensure a solid foundation for your case.

Immediate Steps After a Car Accident:

Before documenting anything after a car accident, prioritize safety. Check yourself, passengers, and others involved for injuries. If there are serious injuries, call 911 for immediate medical assistance. Documenting the scene comes after ensuring everyone’s well-being.

Here are some steps you should take to properly document after a car accident:

  1. Exchange Information: Exchange essential information with the other parties involved. Obtain names, addresses, phone numbers, and insurance information. If there are witnesses, collect their contact details as well. This information will be vital when filing an insurance claim or pursuing legal action.
  2. Photograph the Scene: Capture the accident scene from various angles. Include photographs of the vehicles involved, their positions, and any visible damages. Document road conditions, traffic signals, and relevant signage. These images serve as valuable evidence in establishing the circumstances of the accident.
  3. Capture License Plates: Photograph the license plates of all vehicles involved in the accident. This helps identifying and locating the parties later if needed. It is a simple yet effective way to ensure accurate information for your records.
  4. Note Environmental Conditions: Document weather conditions, lighting, and any environmental factors that may have contributed to the accident. In New York, where weather conditions can vary, this information can be crucial in establishing liability.
  5. Document Injuries: If you sustain visible injuries, document them with photographs. Additionally, seek prompt medical attention even if injuries appear minor. Medical records serve as crucial evidence linking your injuries to the accident.
  6. Record Statements: While still at the scene, if possible, obtain statements from witnesses. Ask them to describe what they say, and record their account. Witness statements can play a significant role in corroborating your version of events.
  7. Obtain Police Report: Contact law enforcement to report the accident and obtain a copy of the police report. This official document includes details about the accident, statements from involved parties, and any traffic violations. The police report is a key piece of evidence in insurance claims and legal proceedings.
  8. Seek Medical Attention: Even if injuries seem minor, seek medical attention promptly. Document all medical visits, treatments, and prescriptions related to the accident. This comprehensive medical documentation strengthens your personal injury claim by establishing the extent of your injuries and the associated expenses.
  9. Contact Your Insurance Company: Inform your insurance company about the accident as soon as possible. Provide them with accurate and detailed information. Promptly reporting the incident is crucial for a smooth claims process.

Personal Injury Attorneys

The moments following a car accident are critical, and documenting the scene thoroughly is essential for your well-being and any potential legal action. By following these steps and collecting crucial information, you can protect yourself and build a strong personal injury claim. For trusted personal injury legal assistance you can count on, reach out to the dedicated team at CDH Law. Contact us today.

Distracted Driving and Head Injuries: Pursuing Claims Against Negligent Drivers

Distracted driving is a growing concern on Syracuse roads, leading to many accidents each year. Among the most severe outcomes of these incidents are head injuries, which can have life-changing effects. At CDH Law, our Syracuse car accident lawyers understand the challenges those injured by distracted drivers face on the road to recovery. This blog will guide you through pursuing claims against negligent drivers, focusing on critical steps you can take to protect your rights and set yourself up for a successful case.

What Do You Have to Prove in a Distracted Driving Claim?

Plaintiffs need to prove a few key points in a distracted driving claim. First, they must prove that the driver was distracted, whether by texting, using a phone, eating, or any other activity that took their focus off the road. This involves gathering evidence like phone records, witness statements, or video footage.

Next, it’s crucial to demonstrate that the driver’s distraction directly caused the accident and resulting injuries. This means connecting the dots between the driver’s lack of attention and the crash.

Lastly, plaintiffs must clearly outline their losses from the accident, such as medical bills, lost wages, and pain and suffering. Proving these elements is often a challenge, but it’s essential for holding the negligent driver accountable and securing the compensation you need for your recovery. Having a skilled legal team by your side can make all the difference in working through this complex process.

Common Causes of Distracted Driving Accidents

Driving distractions come in many forms, especially as automakers add new technological innovations to their vehicles. Some common causes of Syracuse distracted driving accidents include:

  • Texting while driving
  • Talking on the phone
  • Using GPS or navigation apps
  • Adjusting music or radio controls
  • Eating or drinking
  • Talking to passengers
  • Grooming or applying makeup
  • Watching videos
  • Daydreaming or being lost in thought
  • Handling pets or children in the car

Evidence to Help Prove a Distracted Driving Claim

Proving a distracted driving claim hinges on presenting clear, compelling evidence of the other driver’s negligent behavior. Here are some common types of evidence used in these cases:

  • Cell phone records: These can show if the driver was texting, calling, or using data at the time of the accident.
  • Police report: Officers often make notes of their observations or any admissions of distraction at the scene, which provides an official account of events.
  • Witness statements: Bystanders or passengers might have seen the driver using a phone or engaging in other distractions, offering valuable insights.
  • Video footage: Dashcams, surveillance cameras, or traffic cams can capture the driver’s actions just before the crash, providing visual proof of distraction.
  • Physical evidence: Items found in the car just after the crash, like an open food container or a mobile device set up for a video, can suggest distracting activities.
  • Social media activity: Posts or activity logs can indicate whether the driver was using social media when the accident occurred.
  • Expert testimony: Specialists in accident reconstruction can help link the evidence to the driver’s distraction, reinforcing the case.

Potential Compensation in a Distracted Driving Claim

The value of a distracted driving claim depends on your injuries, medical bills, how much money you lose from not being able to work, and other factors. It’s essential to work with an experienced attorney who can help you pursue maximum compensation for your losses. Your distracted driving claim could include compensation for:

  • Medical bills
  • Lost wages and other income
  • Reduced future earnings due to a disability
  • Pain and suffering
  • Psychological distress, including PTSD
  • Diminished quality of life
  • Damaged personal property

Deadline to File a Distracted Driving Lawsuit in New York

New York law allows only three years from the date of the accident for you to file a distracted driving lawsuit against the at-fault party. If you wait too long to act, you could lose your right to pursue compensation in court.

Contact Our Syracuse Distracted Driving Accident Attorneys Now

If you suffered head trauma or sustained other severe injuries in a distracted driving accident, the team at CDH Law could be your champions in your fight for justice. Call us today or complete our contact form for a free consultation.

Is It Possible to File a Claim After a Car Accident as an Uninsured Driver?

Did you recently suffer injuries in a car accident in New York while you were driving without insurance? If so, you might wonder whether you can still file a claim against the at-fault driver. Here’s what you need to know.

New York Insurance Requirements

In New York, all drivers must have auto insurance that meets specific minimum requirements. These requirements include $25,000 in bodily injury liability coverage per person, $50,000 in bodily injury liability coverage per accident, and $10,000 in property damage liability coverage per accident. Additionally, New York requires motorists to carry $50,000 in personal injury protection (PIP) insurance and uninsured motorist coverage for bodily injury.

You can face harsh penalties if you drive without auto insurance in New York. These can include steep fines, vehicle impoundment, and the suspension of your driver’s license and vehicle registration. Repeated offenses can lead to even harsher consequences.

New York follows a no-fault auto insurance system. This means that drivers are expected to file insurance claims against their own policies after a car accident, no matter who caused the accident. If you drive without insurance and get into an accident, you might get stuck paying out-of-pocket for your medical bills and other crash-related expenses.

What Are Your Options as an Uninsured Driver in Syracuse?

Driving without insurance puts you at a significant disadvantage if an accident happens. However, you might still have a few ways to recover compensation, such as:

  • Filing a Claim Against the At-Fault Driver’s Insurance: If another driver causes an accident that leaves you with serious injuries, their insurance might cover your medical bills and a portion of your lost income. You must show that the other driver was at fault when you file this type of claim.
  • Suing the At-Fault Driver Directly: If the other driver’s insurance doesn’t fully cover your costs, or if you’re having trouble with their insurance, you could take the driver to court. This can be a lengthy and complex process, so it’s best to hire a lawyer.
  • Checking Your Credit Card: If the accident happened while you were driving a rental car, the credit card you used to make the purchase might provide group insurance coverage. Check your terms for details.
  • Filing a No-Fault Claim Through a Household Family Member’s Insurance: If you live with a family member who has auto insurance, their policy might cover you under New York’s no-fault insurance rules. This coverage can pay for your medical expenses and a part of your lost wages.
  • Submitting a Claim to MVAIC: New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) could provide compensation if you don’t have insurance and can’t get covered under a household family member’s policy. You must meet specific requirements to get compensation from the MVAIC, like reporting the accident quickly and filing your claim within strict deadlines.
  • Using Your Health Insurance: Your health insurance policy can cover your medical bills after an accident if no auto insurance is available. However, you might have to pay out-of-pocket costs like deductibles or copays.
  • Seeking Help from State or Charitable Programs: Some charitable organizations offer financial assistance to those hurt in car accidents. They might help with your medical expenses even if you don’t have auto insurance.

If these options don’t work for you, you might have to pay for your medical treatment and other crash-related expenses out of pocket. This can get expensive, so it’s usually the last resort. A Syracuse accident injury lawyer can review your situation and help you explore your options.

Contact a Central New York & Syracuse Accident Lawyer Today

If you were hurt in a car accident while driving without insurance in Syracuse, New York, determining your next steps can be hard – but you don’t have to make them alone. Call Carden Dotzler Hammond, PLLC, today for a free initial consultation, and let’s discuss how we can help you move forward.

When an Accident Affects Your Marriage, Your Spouse May Be Able to Collect 

Accidents can have a profound impact on individuals and their families, extending beyond physical injuries to affect emotional and relational aspects of life. This blog delves into the legal concept of ‘loss of consortium’ in New York State, which recognizes the non-economic hardships faced by spouses when their partner is injured. If an accident negatively impacts the marital relationship, the unaffected spouse might have grounds to seek compensation for the intangible losses, such as companionship, affection, and sexual relations.

Loss of Consortium: Can My Spouse Collect If an Accident Affects Our Marriage?

In New York, accident victims and their loved ones may be entitled to compensation for various damages, including “loss of consortium.” Loss of consortium damages recognize the intangible damages your spouse can suffer after you have been injured in an accident. It refers to the deprivation of the benefits of a spousal relationship. This can include companionship, affection, comfort, and support. While personal injury claims traditionally focus on the injured party’s physical and financial losses, loss of consortium acknowledges that an injured party’s spouse can also feel impacts.

While New York recognizes the right of a spouse to seek damages for loss of consortium, establishing a claim for loss of consortium requires proof that the injury has significantly affected the quality and nature of the relationship. Both the impact on the relationship and the duration of the impact will be considered in a loss of consortium claim. It must be shown how the injury has altered the dynamics of the relationship. This can include presenting evidence of diminished companionship, emotional support, and intimacy. The duration of the impact is another key factor. Temporary disruptions may not suffice to support a claim, whereas long-term or permanent changes in the relationship are more likely to be considered.

In some cases, expert testimony may be necessary to establish the extent of the impact on the relationship. Mental health professionals or marriage counselors may be called upon to provide insights into the emotional toll the injury has taken on the family. Additionally, it can be helpful to keep detailed records of changes in your relationship, including communication, shared activities, and emotional well-being to act as valuable pieces of evidence to strengthen your loss of consortium claim. Photographs, videos, and witness statements can also be compelling pieces of evidence.

Central New York Personal Injury Attorneys

It is important for victims and their loved ones to be aware of the damages available to them in seeking compensation after a loved one has been injured in an accident. New York allows spouses of accident victims to seek compensation for loss of consortium and, in doing so, acknowledges the profound impact an accident can have on the spousal relationship. If you or a loved one has suffered injuries in an accident, do not delay in reaching out to the knowledgeable personal injury team at CDH Law to help ensure you are fairly compensated for the harm you have suffered. Contact us today.

Is Dash Cam Footage Admissible in Court?

Dash cam footage is becoming more and more popular in vehicles. As a result, there have been questions on whether or not dash cam footage can be used as evidence for a case. After all, dash cam footage could be compelling evidence of fault and the extent of damages sustained in an automobile accident injury case. Let’s take a look at whether dash cam footage is admissible in court.

Can I Use Dash Cam Footage in My Personal Injury Case?

An increasing number of people are opting to install dash cams in their vehicles in the hopes of the recording device working to protect their legal rights and act as evidence of fault in the event of a car crash occurring. Dash cams are video recording devices. Sometimes they come with audio recordings as well. They are installed in vehicles and will start recording automatically when the vehicle is turned on. Most commonly, they are hardwired directly into the vehicle’s electrical system. The recorded video is stored on an SD card.

New York permits the use of dash cams as there are no specific laws on the books that would prohibit their use. While they are generally considered to be legal, however, there are still a few things to keep in mind before you install one in your own vehicle. First, it is always prudent to check with local authorities to make sure that they are permitted in your area. There may be some local laws or regulations that may prohibit the use of dash cams. Furthermore, you should be mindful that dash cams will be subject to the same rules and regulations that are applicable to other forms of video recording in the state of New York. For instance, in New York, it may be illegal to record someone without their consent depending on the circumstances. Generally speaking, however, if your dash cam is focused on the roadway as opposed to being aimed at recording specific people, you should not run afoul of these privacy laws.

While a dash cam may be legal and make a legal recording, this does not necessarily mean that the video footage will be admissible in court. It is important to first make it clear that dash cam footage may be admissible in court, but the video footage must first be deemed accurate and dependable. It must also be determined that the footage has not been altered in any way. You will need to make a statement under oath that the footage is authentic and is an accurate portrayal of what occurred in the accident. Should you lie or omit key facts, you can be charged with perjury.

Central New York Personal Injury Attorneys

At CDH Law, our team launches detailed investigations into your accident and injury claim. This includes reviewing relevant evidence, including dash cam footage. We do this so we can provide you with the best in trusted legal representation. Contact us today.

Ask the Attorney: I was on my phone at the time of an accident—does that mean I’m automatically at fault?

Sometimes, who is at fault for causing a car accident is unclear. In fact, both drivers may have played a part in causing the accident. If this is the case, New York’s comparative negligence law is likely to come into play. While New York is a no-fault state, comparative negligence is often a confusing concept for both sides of an accident. This blog will give an overview of comparative negligence.

If You Were on Your Phone at the Time of the Accident, Are You at Fault in New York?

Being in a car accident can be traumatic. It can also be stressful and complicated. On top of dealing with accident injuries and everything else, you may be worried about who will be at fault for causing the accident. This may be especially true if you were on the phone at the time of the accident. After all, New York does recognize this to be dangerous driving behavior. In fact, New York law mandates that all drivers use hands-free devices when talking on cell phones and driving. Furthermore, texting and other comparable usage of handheld messaging devices is prohibited for all drivers.

As being on your phone and driving has been recognized as a risky driving behavior, it may very well be the case that you are found to be at least partially at fault for causing any subsequent accident. You will not, however, be found to be automatically at fault for causing the accident. Fault is a fact-specific determination that requires weighing all of the circumstances surrounding the accident. You being on your phone will only be one such factor.

So, what does fault determination have to do with available compensation after an accident? Well, New York is a no-fault state. That means drivers carry no-fault insurance which will provide insurance coverage for things like medical costs and lost wages following an accident regardless of who was at fault for causing the accident. If your no-fault insurance is insufficient to properly compensate you for the damages you sustained in the accident, you may be considering going after the insurance coverage of the other driver. This is where fault for the accident would come into play.

You may be found to be partially at fault for causing the accident because you were on your phone. Fortunately, this does not mean you will be barred from recovering from the other at-fault driver. New York is a pure comparative negligence state. This means that an injured person can recover against another person found to be partially at fault for causing an accident. This means that even if you are found to be 50% or more at fault for an accident, you will still be able to recover against the other at-fault driver. Your damage award will, however, be reduced by the percentage of fault you are assigned by the jury.

Central New York Personal Injury Attorneys

If you were on your phone at the time of a New York car accident, do not give up hope. You are still likely to have options for recovering full and fair compensation for the harm you have suffered. Reach out to the team at CDH Law. Contact us today.

Personal Injury Claims in a Hit and Run Accident—What Should I Do?

A hit and run accident can be very traumatic and, often, accident victims don’t know what their next step should be. Here, we will go into the next steps of a hit and run accident.

Steps to Immediately Take After a Hit and Run Accident

The steps you take immediately following an accident can be critical to protecting your legal rights to seek compensation for the harm you have suffered and to help ensure you properly heal from your accident injuries. The situation may be even more complicated following a hit and run accident since you may not be able to pursue insurance benefits from someone else for your losses.

After a hit and run accident, make sure you get yourself to a safe place. Lingering in the roadway can lead to further incidences on top of what you have already been through. Call 911 so that police are dispatched to the scene and, should anyone need medical assistance, emergency medical personnel as well. In the meantime, take pictures of the accident scene and document as much as possible. Get the names and contact information of any witnesses to the accident.

You should also make sure to write down any details of the accident that you remember while your memories are still fresh. Did you note any identifying characteristics of the vehicle or vehicle driver that hit you? Did you notice the make and model of their car? Write everything down. Even the smallest of details can help law enforcement track down the vehicle that hit you and fled the scene.

You should also be sure to contact your insurance carrier. You are contractually obligated to do so and will need to notify them of the accident in order for your coverage to kick in. If the at-fault driver who fled the scene is never identified, you will come to rely even more on your own insurance coverage to compensate you for your accident damages. If you have uninsured motorist coverage (UM) these benefits should kick in to help cover your expenses since the unidentified hit and run driver was not found. You see, UM coverage is not just available when you are in an accident caused by an uninsured driver. It is also available in the event of a hit and run accident where the other party fled the scene and was never identified.

We know this seems like a lot, but you can do it. These are all things that will be critical to your pursuit of a personal injury claim. To help ensure that you are properly compensated for your injuries and that you properly recover from your injuries, go seek emergency medical treatment and comply with your doctor’s recommended follow-up treatment paths. This will help you properly recover from your injuries and also provide medical evidence of your accident injuries which will be vital in your personal injury claim.

Central New York Personal Injury Attorneys

If you have been in a hit and run accident, you do not have to do this alone. The team at CDH Law is here for you. Contact us today.