Introduction
Sideswipe accidents can be a common occurrence on the busy streets of Queens, New York. These types of accidents happen when two vehicles traveling in the same direction make contact with each other's sides. While sideswipe accidents may not always result in serious injuries, they can still cause significant damage to vehicles and create a stressful situation for those involved.
In this article, we will delve into the topic of sideswipe accidents and liability in Queens, New York. We will explore the legal aspects of such accidents, discuss the role of personal injury attorneys in handling these cases, and provide valuable information for those who have been involved in a sideswipe accident.
Understanding Sideswipe Accidents
A sideswipe accident occurs when two vehicles traveling parallel to each other make contact with their sides. This can happen due to various reasons such as driver negligence, distracted driving, or failure to check blind spots before changing lanes. Sideswipes can occur at high speeds on highways or at lower speeds on city streets.
These accidents often result in minor damages to the vehicles involved, such as scratches or dents. However, they can also lead to more severe consequences, including injuries to drivers and passengers.
Common Causes of Sideswipe Accidents
To better understand how sideswipe accidents occur, let's take a look at some common causes:
Distracted Driving: When drivers are not fully focused on the road, they are more likely to drift into adjacent lanes and cause a sideswipe accident. Failure to Check Blind Spots: Failing to check blind spots before changing lanes is another frequent cause of sideswipes. Reckless Lane Changes: Aggressive driving behaviors like sudden lane changes without proper signaling can lead to sideswipe accidents. Drunk Driving: Intoxicated drivers have impaired judgment and are more prone to sideswipe accidents. Fatigue: Drowsy driving can result in drivers drifting into other lanes and causing sideswipes. Poorly Maintained Vehicles: Faulty brakes or malfunctioning steering systems can contribute to sideswipe accidents.Liability in Sideswipe Accidents
Determining liability in sideswipe accidents can be challenging, as it depends on various factors such as negligence, traffic laws, and the specific circumstances of the accident. In Queens, New York, liability is generally determined based on comparative negligence principles.
Comparative negligence means that each party involved in the accident can be assigned a certain percentage of fault. For example, if one driver is found to be 80% at fault for a sideswipe accident, while the other driver is 20% at fault, the damages awarded will be reduced by their respective percentages of fault.
It's important to note that New York follows a "no-fault" system for car accidents. This means that regardless of who caused the accident, each party's insurance company is responsible for covering their medical expenses and lost wages up to a certain limit. However, if the injuries exceed the limits set by the insurance policy or meet certain criteria, a personal injury claim can be filed against the at-fault party.
Role of a Personal Injury Attorney in Sideswipe Accident Cases
After being involved in a sideswipe accident in Queens, New York, it is crucial to seek legal representation from an experienced personal injury attorney. Here's how they can help:
Investigation: A skilled attorney will conduct a thorough investigation into the accident to gather evidence and determine liability. Negotiations with Insurance Companies: They will handle all communications with insurance companies and fight for fair compensation on your behalf. Building Your Case: A personal injury attorney will gather medical records, witness statements, and any other necessary evidence to build a strong case. Expertise in Personal Injury Laws: They possess in-depth knowledge of the laws and regulations surrounding personal injury cases, ensuring that your rights are protected. Trial Representation: If a fair settlement cannot be reached, your attorney will represent you in court and fight for your rights before a judge and jury.Seeking Medical Attention After a Sideswipe Accident
Even if you believe your injuries are minor after a sideswipe accident, it is crucial to seek medical attention. Some injuries may not manifest immediately and can worsen over time if left untreated. By seeking medical attention promptly, you not only ensure your well-being but also create a record of your injuries, which can be crucial when filing an insurance claim or personal injury lawsuit.
Frequently Asked Questions (FAQs)
1. What should I do immediately after a sideswipe accident? After a sideswipe accident, it's important to prioritize safety. Move your vehicle to a safe location if possible, check for injuries, and call the police to report the incident. Exchange information with the other driver(s) involved and gather evidence such as photos of the scene and damages.
2. Should I contact my insurance company after a sideswipe accident? Yes, it's essential to report the accident to your insurance company as soon as possible. They will guide you through the claims process and provide necessary instructions.
3. How long do I have to file a personal injury claim after a sideswipe accident in Queens, New York? In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. However, it's advisable to consult with an attorney as soon as possible to ensure compliance with all deadlines.
4. Can I handle my sideswipe accident claim without hiring an attorney? While it is possible to handle your claim without legal representation, having an experienced personal injury attorney on your side greatly improves your chances of receiving fair compensation. They have the knowledge and expertise to navigate the complexities of personal injury laws and negotiate with insurance companies.
5. What damages can I recover in a sideswipe accident claim? If you file a personal injury claim after a sideswipe accident, you may be eligible to recover various damages such as medical expenses, lost wages, pain and suffering, and property damage.
6. How much does hiring a personal injury attorney cost? Most personal injury attorneys work on a contingency fee basis, which means they only get paid if they successfully recover compensation for you. Their fees are typically a percentage of the final settlement or verdict, agreed upon before they take on your case.
Conclusion
Sideswipe accidents can be distressing experiences that result in property damage and injuries. If you've been involved in a sideswipe accident in Queens, New York, it's essential to understand your rights and legal options.
By consulting with an experienced personal injury attorney, you can navigate the complexities of liability and seek fair compensation for your injuries and damages. Remember to prioritize your health by seeking medical attention promptly and documenting any injuries.
If you find yourself in this unfortunate situation, don't hesitate to reach out to a trusted personal injury attorney in Queens, New York, who will guide you through the legal process and paralegal fight for your rights.