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Award-Winning New York
Car Accident Lawyers
Motor vehicle accidents are a common occurrence on our roads, and they can happen to anyone at any time. They can be caused by driver negligence, mechanical failure, or other factors beyond our control like poor weather conditions.
When you are involved in a motor vehicle accident, it can be a traumatic experience that leaves you feeling overwhelmed and unsure of what to do next. If you have been involved in a motor vehicle accident in New York or the Tri-State area, Sobo & Sobo can help you get the compensation you deserve.
Car Accident Client Reviews
Christopher Brown
“I had the pleasure of being represented by Sobo & Sobo L.L.P. after my car accident. That accident left me with injuries and severe pain that resulted in shoulder surgery. During the process of rehab, surgery and gathering information from insurance companies and hospitals the people at Sobo & Sobo were extremely patient and helpful beyond compare and I’ll be forever greatful for all they have done for me, from quick return calls to ALWAYS being available for my questions!!!! Most importantly I received THE MAX SETTLEMENT I could receive thanks to Carl Learned and the rest of the team at Sobo & Sobo!!! Without a doubt I would recommend Sobo & Sobo L.L.P. to family, friends and frankly anyone who wants to know their case is in great hands.”
Howard Privett
“Sobo and sobo are the best attorneys and all of Middletown and Orange County I’m currently using them for a car accident I got into a year ago and we’re already in court and they’re constantly checking up on me calling me to see if I’m okay how I’m feeling how I’m doing and always keeping me updated on my case I love sobo and sobo and I would recommend them to anybody as an attorney because they have all kinds of attorneys in their offices and they specialize in a wide variety of cases.”
How Attorneys Maximize Accident Settlements
The primary role of a car accident lawyer is to help their clients navigate the legal process and maximize the compensation owed for their injuries. To do so, auto accident lawyers help their clients by doing the following:
- Negotiating with insurance companies
- Representing clients in court
- Maximizing compensation to cover all related damages including medical expenses, lost wages, pain and suffering
- Minimizing fault for an accident on behalf of the victim
- Collecting and organizing witness statements, police reports, medical documents, and all other paperwork requirements
- Filing claims on the victim’s behalf
- Keeping clients up-to-date on their lawsuit’s progress with constant communication
Because of this, hiring help from a car accident attorney is often the best way to maximize the chance of winning settlements with the highest possible values.
How NY Car Accident Attorneys are Paid
Some auto accident lawyers in New York are paid by the hour, regardless of whether the case is won. Others, like those at Sobo & Sobo, are only paid unless they win, and only through a portion of the client’s settlement. That means clients never have to pay unless they win, and never have to pay out of pocket.
HISTORIAS DE CLIENTESAl ganar el caso de mi hija y establecer un nuevo estándar, Sobo y Sobo pudo asegurar el futuro que su padre hubiera querido que tuviera.
Ver la historia de Patricia
HISTORIAS DE CLIENTESCuando tuve mi accidente sabía que necesitaba ayuda. Llamar a Sobo y Sobo fue la mejor decisión de mi vida.
Ver la historia de Michelle
HISTORIAS DE CLIENTESNo habría podido superar mis lesiones ni todas las batallas legales sin ellos.
Ver la historia de Steven
HISTORIAS DE CLIENTESNo sólo obtuve la indemnización que merecía, sino que, lo que es igual de importante, recibí la atención que necesitaba desesperadamente.
Ver la historia de Jeanine
HISTORIAS DE CLIENTESSobo y Sobo ha cambiado mi vida enormemente. No eres solo un cliente, eres de la familia.
Ver la historia de Larry
Common Examples of
Driver Negligence in New York
Some of the most common examples of driver negligence in NY that result in injury lawsuits include:
- Reckless driving: This includes behaviors such as excessive speeding, tailgating, and sudden lane changes.
- Ignoring signals and road signs: If a driver disobeys traffic signals, stop signs, or other road signs and causes an accident, they may be held liable for all resulting damages.
- Failure to signal: Negligence can be established if a driver fails to signal when changing lanes or making a turn.
- Driving under the influence (DUI): Operating a vehicle while under the influence of drugs or alcohol is illegal and considered negligence.
- Distracted driving: This includes activities such as using a cell phone, eating, grooming, or reading while driving.
- Failure to yield: Negligence can be established if a driver fails to yield the right of way to other vehicles, pedestrians or bicycles.
Contact a NY Car Accident Lawyer Near You
Pedestrian Negligence in Car Accidents
Pedestrians are also subject to traffic laws, and can be considered negligent in a car accident if they fail to obey them. Examples of pedestrian negligence include:
- Jaywalking or crossing the street outside of designated crosswalks
- Ignoring traffic signals or road signs
- Walking or running while distracted (e.g. texting, listening to music, etc.)
- Walking or running under the influence of drugs or alcohol
- Failing to look both ways before crossing the street
- Walking or running on busy roads or highways
- Wearing dark clothing at night or in low visibility conditions
- Ignoring construction or detour signs
- Running into the street to chase after a ball or pet
- Walking or running on a closed road or highway
If a pedestrian is found to be at fault for a car accident, they may be held liable for any injuries or damages that resulted from the accident. However, in many cases, even if a pedestrian is found to be partially at fault, the driver of the vehicle may still be held liable for a portion of the damages.
Proving Another Driver’s Negligence
To prove another driver’s negligence in a car accident lawsuit, you will need to show that the driver had a duty of care to exercise reasonable caution while driving, that the driver breached that duty, and that the breach of duty caused your injuries and damages.
This may require the use of evidence such as witness statements, accident reports, and medical records. This can be done alone, or with help from an injury lawyer, collects and organizes these documents for their clients.
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for New York Clients
New York’s No-Fault Laws
New York has “no-fault laws” in place, which means that all parties involved in an accident must be paid by car insurance companies for their medical expenses, and lost past and future wages. These payments must be made to both the policy holders found to be responsible for causing the accident, as well any victims involved including passengers and pedestrians.
Auto insurance companies provide funding for medical coverage through personal injury protection (PIP), which is also referred to as “no-fault coverage”. PIP covers all lost wages and medical expenses relating to an auto injury including all treatments, surgeries, medications, and medical equipment needed for recovery.
However, insurance companies are notoriously difficult to negotiate with, and often offer settlements 2-3 times less than what can be won through litigation. This is why hiring a car accident lawyer is often the best course of action for ensuring victims receive the maximum amount they are owed for their damages.
New York Statute of
Limitations for Auto Injury Claims
The New York statute of limitations gives victims three years to file an injury claim, starting from the date of the car accident. If a claim is not filed within this time frame, NY residents may have their claims rejected by the state’s court system.
However, the statute of limitations can vary depending on the specific circumstances of the case, such as if the injury was not immediately discovered, or if the victim is a minor. Additionally, if the accident caused serious injury, such as death, disfigurement, significant limitation of use of body function or system or permanent consequential limitation of use of body function or system or significant limitation of use of body organ or member, victims may be able to file a liability claim to seek further compensation.
This is why it is important to consult with an auto accident attorney who is familiar with NY car injury laws as soon as possible to ensure that the victim’s rights are protected, and that the claim is filed within the appropriate time frame.
NY “Serious Injury Threshold” Qualifications
New York’s “serious injury threshold” is a list of standards that limits certain types of compensation owed to car accident victims depending on the severity of injury. This threshold is defined as an injury that fits one of the following descriptions:
Muerte
Desmembramiento
Significant Disfigurement
Fractura
Pérdida de un feto
Pérdida permanente del uso de un órgano, miembro, función o sistema corporal
Limitación permanente consecutiva de un órgano o miembro del cuerpo
Significant limitation of the use of a body function or system
Non-permanent
medically-determined injury
or impairment
medically-determined injury
or impairment
that prevents an injured person from performing substantially all of their usual and customary daily activities for not less than 90 of the 180 consecutive days immediately following an accident.
Common Injuries That Meet
New York’s Serious Injury Threshold
Proving The Severity of an Injury
To prove that an injury meets the serious injury threshold, the individual must present medical evidence that shows the nature and extent of the injury, as well as the effect it has on their daily life.
This evidence may include:
Medical reports and documents
The individual’s own testimony about how the injury has impacted their life
Testimony from medical experts
Discover the
Value of Your Case
Most Common Types of Car Accidents in NY
Some of the most common types of auto accidents that occur in New York include:
T-Bone Collisions
Rear-End Collisions
Head-On Collisions
Rollover Accidents
Single-Vehicle Accidents
T-Bone Collisions
Also known as side-impact collisions, these accidents occur when one vehicle strikes the side of another vehicle. They often happen at intersections and can be caused by drivers who run red lights or stop signs.
Unique Factors in Auto Accident Lawsuits
The legal process for accident claims can vary based on the vehicles involved in the crash. For example, injured parties may have a different legal experiences depending on whether an accident involved cars, motorcycles, commercial trucks, busses and boats in the following ways:
- Liability: Liability is the legal responsibility for an accident. In a car accident lawsuit, the parties involved would likely be the drivers and passengers of the cars involved. However, in a commercial truck accident lawsuit, the process would involve not only determining fault between the drivers, but also determining whether the company that owns the commercial vehicle or employs the driver is also liable.
- Evidence Collection: The process of evidence collection may vary depending on the type of vehicle involved in the accident. For example, the evidence collection process in a commercial truck accident may involve a more complex investigation process, as the truck’s electronic logging device and maintenance records may be relevant to the case.
- Insurance Requirements: The laws and regulations regarding insurance requirements for different types of vehicles may vary. For example, in New York, drivers are subject to the state’s no-fault insurance system, meaning that injured parties must first seek compensation from their own insurance company, regardless of who is at fault. However, commercial trucks may be subject to different insurance requirements as mandated by federal regulations.
- Legal Standards: Different types of vehicles may be subject to different legal standards. For example, commercial trucks are subject to federal regulations and state laws, which may impact the legal process. Boating accidents, on the other hand, fall under maritime law, which may differ from state personal injury laws.
- Statute of Limitations: The statute of limitations for filing a personal injury claim may vary depending on the type of vehicle involved in the accident. For example, in New York, the statute of limitations for filing a personal injury claim for a car accident is typically two years from the date of the accident. However, the statute of limitations for filing a bus accident claim can vary depending on whether the bus is operated by a government agency or private company.
Contact a New York
Car Accident Attorney
Sobo & Sobo’s accident attorneys provide free consultations to all NY residents who are interested in discovering the value of their case, and never charge any fees unless the case settles, guaranteed. Schedule your free consultation today.
