Because New York is a “no fault” insurance state, reimbursement to drivers is facilitated with a shorter waiting time and covers certain injuries and vehicle damage directly related to an accident. Victims who are injured can seek compensation through their own insurance company, and negotiate with other parties involved in the accident for medical expenses and property damage amounts over a victim’s no-fault insurance limits. When an accident is caused by traffic infractions such as speeding, DUI, or reckless driving, a legal claim in court may ensue and require the assistance of an experienced attorney.
Statute of limitations.
Under New York Civil Practice Laws & Rules Section 214, anyone injured in a car accident (driver, passenger, motorcycle rider, bicyclist, pedestrian) must file a personal injury lawsuit within three years of the date of the crash. Vehicle accidents caused by excessive speed can cause serious injuries that may not be evident until sometime in the future. Victims should seek medical evaluation because injuries to bones, soft tissues, such as ligaments, tendons and muscles are not always visible to the naked eye and may require diagnostic testing to reveal them. Catastrophic injuries caused by excessive speed may warrant increased damage compensation and criminal charges could impact that outcome.
Fault must be established when there are multiple parties to an accident. Criminal traffic accidents may sway assignment of fault in favor of accident victims, but a criminal traffic attorney can be of assistance regarding traffic tickets, other penalties, and fines relevant to the same accident. Under New York Law, contributory negligence needs to be determined for expenses above “no fault” insurance coverages that are paid, along with compensation for pain and suffering. Other parties that could be responsible include additional drivers and/or vehicle manufacturers, or agencies responsible for the maintenance of roadways.
Damages and compensation.
Damages may include hospital/medical expenses; funeral expenses, past and future permanent disability payments; emotional distress including depression and anxiety; loss of enjoyment of life; physical pain and suffering; and loss of love and companionship due to a death, or serious injury caused by a speeding motor vehicle.
Compensation estimates for pain, scarring, emotional harm, or short and long term psychological and physical limitations are not as easy to calculate and a sum must be decided upon by lawyers, insurance companies and juries who will consider what is a fair and reasonable amount of money, based on a compilation of evidence provided to the court.
Seek legal counsel.
A knowledgeable criminal defense attorney may be able to reduce the severity of charges after a speeding accident by building a strong defense case. Contact the Law Offices of Darren DeUrso to discuss case particulars regarding a victim’s loss recovery and criminal charges.
Darren DeUrso, Attorney at Law
188 East Post Road, Suite 300
White Plains, NY 10601
Phone: (914) 772-8614