On top of the injuries and expenses you face after a New York car accident, there is a lot of confusion surrounding what might affect your chances of recovering damages. No matter how overwhelmed you may be feeling after an accident, you must keep your own best medical and financial interests at the forefront.
Even when you’re not sure if you have a shot at recovering compensation for your injuries and damages, a free consultation with an experienced New York car accident lawyer can help you understand your options.
If you were recently issued a ticket after a car accident, it doesn’t mean your chances of seeking damages drop to zero. There are a variety of factors that go into whether or not you’re eligible to pursue damages through a lawsuit, and a ticket doesn’t necessarily prove that you were negligent or responsible for the accident. An experienced lawyer could even potentially help you fight your ticket.
Spend less time worrying about the details of your case and more time recovering. Carner & DeVita have been working for New York car accident victims since 1957. We will work tirelessly to make sure your needs are met and that you have the greatest chance of recovering the maximum in damages possible. We offer free, no-risk consultations, so call us today at (631) 543-7070 and get started on the path to recovery.
How Certain Tickets Could Affect Your Car Accident Case
New York’s No-Fault System
All licensed vehicles in New York are required to have liability insurance that covers a minimum amount in the case of an accident.
- $25,000 per person up to $50,000 per accident
- $10,000 for property damage
- $50,000 per fatality up to $100,000 per accident
Additionally, every vehicle owner is required to have a $50,000 Personal Injury Protection (PIP) policy. PIP insurance will cover medical bills, prescriptions, lost wages, and other costs associated with the car accident, whether or not you were at fault. You must file a written application for these benefits within 30 days of the accident, or you may risk being unable to claim them from the insurance company.
New York only allows victims of car accidents to seek damages outside of the no-fault insurance system in the case of a “serious injury.” Serious injuries can include disfigurement, limitation of bodily function, full disability for at least 90 days, permanent organ dysfunction, and bone fractures.
Or you may be eligible to seek a third-party claim when the $50,000 no-fault coverage is surpassed. In bad accidents, you may quickly meet these insurance thresholds. In cases where these caps are surpassed, it is often necessary to seek compensation from the responsible party outside of the no-fault system to fully recover all damages.
How a Ticket Might (or Might Not) Affect Your Case
When seeking damages outside of the no-fault system, proving negligence becomes crucial. New York Contributory Negligence law states that the maximum amount you can recover for an accident caused by someone’s negligence is directly diminished by the amount of fault you had in the accident. So even if you’re partially responsible for an accident, you’re still eligible to recover damages from other negligent parties – but your final settlement or award is going to be reduced.
This is where a ticket may come into play. If you’ve been issued a ticket at the scene of an accident, there’s a good chance the opposing insurance company or legal team will use that as evidence when claiming you were in some way responsible for the accident. Depending on the type of ticket, this argument may be more or less effective.
For instance, if the ticket is for reckless driving, a stopping violation, or speeding, and it can be proven that the violation led partially or fully to the accident, there’s a good chance the ticket will contribute to the amount of negligence you’re assigned in a courtroom.
For other tickets, particularly those that are unrelated to the events leading up to or causing the accident, it will be harder to prove that the ticket had anything to do with the accident itself. For instance, a ticket for a broken taillight is unlikely to play much of a role in an accident involving two cars colliding head-on. That doesn’t mean the opposing legal team won’t try to argue it did!
In any case, comparing negligence becomes a very specific task for all competing parties in a car accident case. Even if you believe your ticket is irrelevant to the accident, you should expect the opposing party to know about it and use it against you. For this reason, have a defense prepared with the help of a seasoned New York car accident attorney.
In some cases, you may even be able to have the ticket dismissed entirely, depending on your circumstances.
Fight Your Ticket and Get the Compensation you Deserve
There’s value in fighting a New York ticket, even when a car accident hasn’t occurred. Speeding tickets can cost you up to $600, followed by court surcharges, increased insurance premiums, and points on your license.
Instead of passively accepting the ticket, or taking the risk of representing yourself, seeking the advice and representation of a local experienced car accident attorney can help you come out on top in the end.
It’s a particularly good idea to seek legal help when your ticket is attached to a car accident. Overturning your ticket can mean one less piece of evidence that the opposition can use against you to decrease your compensation.
Don’t Let a Ticket Keep You From Recovering the Maximum Damages Possible
A seasoned local car accident lawyer can help you learn how to fight unfair tickets and get the maximum amount of damages possible from the negligent party. Carner & DeVita have the experience and results that you should look for when seeking the car accident lawyer to represent you.
Give us a call at (631) 543-7070 at no risk or charge to you, and we can get you on the path to recovery today.