Being involved in a car accident can be a disorienting and stressful experience, especially when you're not at fault. At Kelner & Kelner, we understand the challenges and uncertainties you face in the aftermath of a collision. This guide will walk you through the essential steps to protect your rights and ensure you receive fair compensation when dealing with what to do after a car accident not your fault.
Free Consultation - Act Now
Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.
What to Do After a Car Accident That's Not Your Fault
At Kelner & Kelner, we understand that being involved in a car accident that wasn't your fault can be overwhelming and stressful. As experienced New York car accident attorneys, we've created this comprehensive guide to help you protect your rights and ensure the best possible outcome for your case.
- Check for Injuries: Immediately assess yourself and passengers for injuries, and call 911 if anyone needs medical attention.
- Move to Safety: If possible, move your vehicle to a safe location away from traffic to prevent additional accidents or injuries.
- Call Law Enforcement: Contact the police to file an official accident report, which will be crucial documentation for your insurance claim and potential legal case.
- Contact a Car Accident Lawyer: Reach out to a qualified attorney immediately after the accident to protect your rights and ensure proper handling of your case from the start.
- Follow Legal Guidance: Work closely with your attorney before making statements to insurance companies or accepting any settlement offers.
- Document the Scene: Take photos of vehicle damage, road conditions, traffic signs, and any visible injuries before evidence is moved or altered.
- Gather Information: Collect the other driver's name, contact details, insurance information, license plate number, and vehicle make/model.
- Locate Witnesses: Get contact information from any witnesses at the scene, as their statements may be valuable for establishing fault.
- Seek Medical Care: Visit a doctor even if you feel fine, as some injuries may not show symptoms immediately after the accident.
- Notify Insurance: Report the accident to your insurance company promptly, but stick to basic facts without admitting fault.
- Record Everything: Keep detailed records of medical bills, repair estimates, lost wages, and any other accident-related expenses.
- Avoid Social Media: Don't post anything about the accident on social media platforms, as these posts could potentially harm your case.
- Document Communication: Keep records of all conversations with insurance adjusters, including dates, times, and what was discussed.
- Consider Legal Representation: Contact a car accident lawyer to protect your rights and help navigate the complex claims process.
- Preserve Evidence: Save all accident-related documents, including medical records, police reports, and correspondence with insurance companies.
- Follow Medical Advice: Attend all follow-up appointments and complete prescribed treatments to support your recovery and strengthen your case.
- Know Your Rights: Understand that you're entitled to compensation for medical expenses, lost wages, property damage, and pain and suffering.
At Kelner & Kelner, we're here to guide you through every step of the legal process after an accident that wasn't your fault. Contact our New York City office to discuss your case with our dedicated legal team who will fight to protect your rights and secure the compensation you deserve.
Who Is Liable for Injuries and Damages From a Car Accident Caused By Someone Else?
At Kelner & Kelner, we understand that determining liability after a car accident can be complex and confusing. As trusted New York car accident attorneys, we've created this comprehensive guide to help you understand who may be responsible for your injuries and damages when someone else causes an accident.
- At-Fault Driver: The person who directly caused the accident through negligent actions like speeding, running red lights, or distracted driving is primarily liable for resulting damages.
- Vehicle Owner: Even if they weren't driving, the owner of the vehicle may be liable under New York's Vehicle and Traffic Law Section 388, which holds owners responsible for accidents involving their vehicles.
- Employer: If the at-fault driver was working at the time of the accident, their employer may be liable under the principle of vicarious liability.
- Vehicle Manufacturer: If a defective vehicle part contributed to the accident, the manufacturer could be held liable for damages through a product liability claim.
- Government Entity: When poor road conditions, malfunctioning traffic signals, or inadequate signage contribute to an accident, the responsible government agency may be liable.
- Multiple Parties: In some cases, multiple parties may share liability for the accident, allowing you to pursue compensation from several sources.
- Insurance Companies: The at-fault driver's insurance carrier is typically responsible for paying damages up to policy limits.
- No-Fault Benefits: In New York, your own insurance company must provide no-fault benefits regardless of who caused the accident, covering medical expenses and lost wages.
- Uninsured Motorist Coverage: If the at-fault driver lacks insurance, your own uninsured motorist coverage may provide compensation for your damages.
- Third-Party Contractors: Companies responsible for road maintenance, construction, or traffic control may be liable if their negligence contributed to the accident.
- Vehicle Maintenance Providers: If improper maintenance contributed to the accident, the repair shop or maintenance provider could be held liable.
- Rideshare Companies: When accidents involve rideshare vehicles, companies like Uber or Lyft may share liability depending on the driver's status at the time.
- Commercial Vehicle Companies: Trucking companies and other commercial vehicle operators may be liable for accidents caused by their drivers or poor vehicle maintenance.
- Property Owners: If poor property maintenance near the roadway contributed to the accident, the property owner could be held responsible.
At Kelner & Kelner, we thoroughly investigate every aspect of your accident to identify all potentially liable parties and maximize your compensation. Contact our New York City office to discuss your case with our dedicated legal team who will fight to protect your rights and hold responsible parties accountable.
Common Injuries Associated with Car Accidents
At Kelner & Kelner, we've helped numerous New York car accident victims recover compensation for their injuries. Understanding the full scope of potential injuries is crucial for proper medical treatment and fair compensation. Here's a comprehensive overview of common car accident injuries we encounter in our practice.
- Whiplash and Neck Injuries: A sudden impact forces the head to jerk forward and backward, causing strain on neck muscles and ligaments that may lead to chronic pain and limited mobility.
- Traumatic Brain Injuries (TBI): The force of impact can cause the brain to collide with the skull, resulting in concussions, contusions, or more severe brain trauma that may affect cognitive function.
- Spinal Cord Damage: Vehicle collisions can cause herniated discs, vertebrae fractures, or complete spinal cord injuries that may result in partial or total paralysis.
- Internal Organ Injuries: The tremendous force of a car accident can cause damage to vital organs like the liver, spleen, or kidneys, often requiring immediate emergency medical intervention.
- Broken Bones and Fractures: High-impact collisions frequently result in broken arms, legs, ribs, or pelvic fractures that may require surgery and extended rehabilitation.
- Soft Tissue Injuries: Muscles, tendons, and ligaments can be stretched, torn, or damaged during an accident, leading to long-term pain and reduced mobility.
- Facial Injuries: Impact with steering wheels, airbags, or windshields can cause facial lacerations, dental injuries, or broken facial bones requiring reconstructive surgery.
- Psychological Trauma: Many accident victims experience post-traumatic stress disorder (PTSD), anxiety, or depression following a severe collision.
- Chest Injuries: The force of impact or seatbelt restraint can cause broken ribs, bruised or punctured lungs, or other thoracic injuries.
- Knee and Joint Injuries: Dashboard impacts often result in torn ligaments, dislocated joints, or fractured kneecaps that may require extensive rehabilitation.
- Burns and Scarring: Vehicle fires or contact with hot surfaces during an accident can cause severe burns leading to permanent scarring and disfigurement.
- Shoulder Injuries: The impact can cause rotator cuff tears, shoulder dislocations, or other injuries that significantly limit arm movement and functionality.
- Back Injuries: Many victims suffer from lumbar sprains, herniated discs, or compression fractures that can cause chronic pain and disability.
- Wrist and Hand Injuries: Gripping the steering wheel during impact often results in broken wrists, fractured fingers, or nerve damage in the hands.
- Post-Concussion Syndrome: Some victims experience prolonged symptoms like headaches, dizziness, and memory problems following a concussion.
How a Car Accident Lawyer Can Help
At Kelner & Kelner, we understand that navigating the aftermath of a car accident can be overwhelming. Our New York car accident attorneys provide comprehensive legal support to protect your rights and maximize your compensation. Here's how we can assist with your car accident case:
- Initial Case Evaluation: We provide a thorough review of your accident circumstances, assess liability, and explain your legal rights and options for pursuing compensation.
- Evidence Collection: Our team gathers crucial evidence including police reports, surveillance footage, witness statements, and medical records to build a strong foundation for your case.
- Accident Investigation: We work with accident reconstruction professionals and investigators to establish exactly how the crash occurred and who bears responsibility.
- Medical Documentation: Our attorneys help coordinate with healthcare providers to ensure all your injuries are properly documented and linked to the accident.
- Insurance Negotiations: We handle all communications with insurance companies, protecting you from potentially damaging statements and unfair settlement offers.
- Damage Calculation: Our team carefully calculates all current and future damages, including medical expenses, lost wages, property damage, and pain and suffering.
- Settlement Negotiations: We leverage our experience to negotiate aggressively with insurance companies and defense attorneys to secure maximum compensation.
- Legal Documentation: We handle all necessary paperwork, ensuring documents are filed correctly and within New York's legal deadlines.
- Medical Bill Management: Our team helps organize and track medical bills, ensuring proper documentation for insurance claims and settlement negotiations.
- Lost Wage Documentation: We work with your employer to document lost wages and calculate future income losses due to your injuries.
- Liability Disputes: We gather evidence to counter any attempts by the other party to shift blame or minimize their responsibility for the accident.
- Trial Preparation: If settlement negotiations don't yield fair compensation, we prepare a compelling case for trial to fight for your rights in court.
- Expert Coordination: We work with medical professionals, economic analysts, and accident reconstruction specialists to strengthen your case.
- Alternative Dispute Resolution: When appropriate, we represent your interests in mediation or arbitration to resolve your case efficiently.
- Benefits Coordination: We help coordinate various insurance benefits, including no-fault coverage, health insurance, and disability benefits.
At Kelner & Kelner, our dedication to car accident victims extends beyond legal representation. We handle every aspect of your case so you can focus on recovery. Contact our New York City office to learn how our legal team can help you secure the compensation you deserve after a car accident.
Get Professional Legal Support Today
If you've been injured in a car accident in New York, don't wait to get the legal help you deserve. At Kelner & Kelner, we're ready to protect your rights and fight for maximum compensation. Contact us today for a confidential consultation to discuss your case with our dedicated legal team.
Free Consultation - Act Now
Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.
