The impact car crashes have on victims in Scarsdale should not be understated, and victims suffering from serious injuries and considerable financial damages should not have to cover those losses themselves.
Victims can use help collecting information following crashes, and law enforcement can provide that assistance when victims call 911. The police will make an accident report based on the information at the scene, which our lawyers can help victims obtain in the following days. Victims’ medical records are essential to showing they surpass New York’s serious injury threshold for car crash lawsuits, so you should go to the emergency room immediately to document your injuries. Our attorneys can start preparing your case while you get the urgent care you need. Doing so right away is important, as victims only have three years to file lawsuits against negligent drivers.
Call the Westchester, NY car accident lawyers of The Martello Law Firm, PLLC at (914) 685-6950 to get a free and confidential case review.
Reporting Car Accidents to the Police in Scarsdale
When motor vehicle accidents happen, victims should call the police. Reporting accidents to law enforcement can make documenting them easier and result in accident reports our attorneys can obtain and refer to when building cases.
When speaking with law enforcement, be honest about what happened. Tell them what the other driver did wrong or negligently to the best of your ability. Right after a crash, victims might be stressed or traumatized, making it hard for them to remember what exactly happened. Under such circumstances, the police may allow victims to go to the hospital and may contact them in the future to fill out the remaining parts of the report. This might be necessary when victims suffer serious injuries at the scene, like deep lacerations, limb loss, traumatic head injuries, back injuries, or non-visible injuries that cause severe pain or discomfort.
For accidents that cause injury, death, or over $1,000 in property damage, drivers must submit accident reports to the New York Department of Motor Vehicles (DMV) within ten days, according to V.A.T. Law § 605. When you call the police for help processing the scene, they can collect the necessary information, which could help inform the report you submit to the DMV in the following days.
Give police officers as much information as possible while talking to them at the scene. While officers may take pictures and talk to eyewitnesses, there is no guarantee of that. Victims can take photos at crash sites and ask witnesses for their contact details if their injuries permit. In the days following the collision, our car accident lawyers can help you locate and obtain the crash report and start reviewing it for new or pertinent information.
Where to Go After a Car Crash in Scarsdale
Victims should not go directly home after a crash, even if they feel okay physically. Documenting your injuries at the hospital is crucial, as New York limits when victims can sue for car accidents.
The serious injury threshold for auto accidents in New York is based on victims’ injuries. In general, drivers must carry personal injury protection insurance, which they can turn to for damages after a crash, no matter who is at fault. Some injuries are so serious that victims incur damages that their personal injury protection insurance cannot cover. Victims may sue negligent drivers in these situations, provided their injuries surpass the threshold.
Serious injuries are defined in I.S.C. Law § 5102(d) and include death, dismemberment, fractures, serious disfigurement, and loss of a fetus. Victims may also file claims for permanent loss of use of a body organ, member, function, or system, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system. Finally, victims who sustain non-permanent injuries that meet the 90/180-day rule criteria, meaning they substantially affect a victim’s daily life for at least 90 of the first 180 days following an accident, can file car accident claims.
Your medical records are the only way to prove you were seriously injured in an accident and that you can file a lawsuit despite New York’s no-fault rules, which is why you should prioritize going to the emergency room following a collision.
When to Start Preparing Your Car Accident Case in Scarsdale
We can begin preparing your case almost immediately after an accident, preserving evidence, tallying your damages, and obtaining proof that could establish the at-fault driver’s liability for your injuries.
Crucial evidence, like skid marks or broken glass on the road, is at a high risk of getting lost after a crash. Leaving debris on the road could endanger other drivers, so first responders quickly clean up accident scenes. Taking pictures of this evidence, including any damage to your car or the at-fault driver’s, is the best way to preserve it.
When preparing your case, we can review these photos and provide them to an accident reconstruction expert, who can start confirming the accident’s cause. This is useful in especially complex cases, particularly those threatened by New York’s comparative fault laws. Victims who share liability for their injuries might recover fewer damages, which could seriously affect their ability to cover medical bills, lost wages, and other damages. Preparing your case right away can give us time to build arguments and gather evidence that contradicts comparative fault defenses if necessary. This might include eyewitness statements, which we may focus on preserving after the accident.
Regardless, victims typically only have three years to sue for car accidents, according to C.V.P. Law § 214(5). The sooner we start the preparation process, the sooner we can file your claim, and the sooner you may get the damages you deserve from a negligent driver.
Contact Our Lawyers in Scarsdale About Your Accident Now
Call The Martello Law Firm, PLLC to discuss your case for free with our car accident lawyers at (914) 685-6950.
