Hempstead Car Accident Lawyer
Anyone who has ever filed auto insurance claims knows that companies usually hesitate to pay them. If they are reluctant to pay claims for policyholders who pay monthly premiums, imagine how reluctant they are to pay claims to car accident victims who are not policyholders. Insurance companies always work with lawyers who look for legal loopholes which allow them to reduce or deny compensation to victims.
These victims need this compensation. Medical bills and other expenses must be paid. Furthermore, compensation for noneconomic losses, such as pain and suffering, help victims put accidents behind them. At the Giuffré Law Offices, our Hempstead car accident lawyers fight hard to obtain this compensation. We also give clients solid legal advice and proactively communicate them every step of the way. To us, our clients are partners and not customers.
What Causes Car Wrecks?
Most car accidents aren’t “accidents.” Driver error causes about 95 percent of the vehicle collisions in New York. Driver impairment is directly or indirectly responsible for most of these errors. Some examples include:
- Alcohol: This depressant, which impairs motor skills and clouds judgement abilities, is responsible for about a third of the fatal car crashes in Nassau County. These serious wrecks are also very complex from a legal standpoint.
- Drowsiness: Alcohol and fatigue have the same effect on the body and brain. Driving after eighteen consecutive awake hours, which is like a long day at the office followed by dinner out, is like driving with a .05 BAC level.
- Drugs: Like alcohol, marijuana, prescription pain pills, and other drugs are legal to consume, at least in most cases. However, it’s often illegal, and always dangerous, to drive under the influence of these substances.
Other kinds of driver impairment include driving with a serious medical condition, like heart disease, which could cause sudden unconsciousness, and distracted driving.
Operational errors, mostly speeding or a failure to maintain a proper lookout, also cause many crashes. Speed increases the risk of a collision and the force of a collision. Failure to maintain a proper lookout comes in many forms, such as making an unsafe turn, making an unsafe lane change, or driving recklessly.
Establishing Liability
To obtain fair compensation, victim/plaintiffs must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Ordinary negligence is usually a lack of reasonable care. Most drivers have a duty to avoid accidents when possible and drive defensively. If their conduct falls below this standard, they could be liable for damages.
These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Negligence per se is a lack of statutory care. If emergency responders give the tortfeasor (negligent driver) a citation, the tortfeasor could be responsible for damages as a matter of law. Essentially, the citation is proof positive of negligence in these situations.
Alcohol-related wrecks illustrate the difference between these two theories. Most people are intoxicated (DWI) after three or four drinks. But dangerous alcohol impairment begins with the first drink. So, either negligence theory could apply to these collisions.
Contact an Experienced Hempstead Auto Accident Lawyer
Vehicle collisions usually cause serious injuries. For a free consultation with an experienced personal injury attorney in Hempstead, contact the Giuffré Law Offices, P.C. We do not charge upfront legal fees in these matters.
