SARATOGA SPRINGS CAR ACCIDENT ATTORNEYS

When you step into a car, the last thing you want to think about is potentially getting into an accident. The reality is that car accidents happen every day. While a good portion of car accidents that occur are mere fender benders, auto accidents can also frequently result in serious injuries.

At D’Orazio Peterson PC, our husband and wife team of Saratoga car accident attorney’s moto is to educate, empower, and advocate for accident victims and their families. With a shared mission, we work together to help you pursue justice and secure the compensation you need to cover expenses and care for your loved ones. Were you or someone close to you hurt in a car accident? We’re here to assist you. Contact us today for a free consultation with our dedicated Saratoga car accident lawyers. Call us for immediate help at 518-749-4565.

TYPES OF AUTO ACCIDENTS IN SARATOGA

The type of injuries you sustain depends on the type and manner of the car accident. Common types of crashes include:

• Head-on collisions, which are among the most devastating types of collisions that result in serious and life-threatening bodily injuries
• Rear-end accidents, which are among the most common and frequently result in whiplash
• Side-impact collisions, which are common, usually occur at intersections and result in a range of injuries depending on where the vehicle was struck
• Roll-over accidents, which are less common but result in head and neck injuries
• Sideswipe accidents, which are less common and occur when one of two or more vehicles traveling parallel with each other swipes the side of the other vehicle
• Blind spot accidents, which are less common and occur when one vehicle fails to spot another vehicle while changing or merging into another lane

The type of car accident can indicate liability for property and bodily damages. It’s important to remember, though, that accidents can be complex events, and so though the type may initially and seemingly indicate fault, a thorough investigation must be conducted for a clear understanding of where liability falls.  

COMMON CAUSES OF CAR ACCIDENTS

Auto accidents can occur for any number of reasons. At times, however, accidents can be avoided, had a driver taken more care on the road. In the courtroom, a person can claim that these actions, or lack of actions, are negligent. Negligent drivers may be named as defendants in lawsuits. Certain causes of car accidents that may be considered negligent can include:

• Distracted Driving: One common cause of accidents is a driver on the road who is distracted by other things going on, such as what is on their cell phone. Operating a vehicle requires a high degree of attention. On the road, a driver should be devoting their attention to ensuring the safety of themselves, their passengers, and other drivers on the road. A driver who becomes distracted may not only be guilty of a traffic violation but could potentially be held liable in court.
• DUI/Impaired Driving: Impaired driving is almost a surefire way to end up causing a car accident. Not only is it a crime in every jurisdiction, it is also incredibly dangerous. (e.g., alcohol, marijuana, prescription drugs, illicit drugs)
• Driver Error: Driver error is a broad term that can encompass a number of negligent actions or lack thereof. Driver error often occurs through errors in judgment in situations on the road. (e.g., driving too fast for the conditions, misjudging another driver’s actions). Aside from the manual skills of driving, staying safe on the road often comes down to mere decision making. Driver error can also be considered a driver’s failure to maintain their own vehicle. A vehicle is a person’s private property and should be kept in good maintenance. If a vehicle were to fall into disrepair while in motion, the likelihood of an accident would increase drastically. Other driver errors include:
  • Drowsy driving or falling asleep while driving
  • Recognition error (e.g., inattention)
  • Performance error (e.g., overcompensation, poor directional control)
• Vehicle error can contribute to a crash. These include:
  • Tires/wheels-related
  • Brakes-related
  • Steering/suspension/transmission/engine-related
  • Manufacture defects
• Environmental factors in accidents involve external conditions that contribute to crashes, such as:
  • Slick roads (e.g., ice, loose debris)
  • Glare
  • View obstructions
  • Signs/signals

Most crashes are the direct result of one driver. Aside from crashes caused by drivers, vehicles, or environmental conditions, there are other reasons that don’t fall within these categories. For instance, pedestrians can sometimes be the cause of an accident. In other circumstances, the cause cannot be determined. 

When the cause of an auto accident is easily identified, liability will also tend to be easily identifiable. More complex auto accident cases, however, require the insight of an experienced auto accident attorney and the knowledge and expertise of expert witnesses.

Listen To Car Accident Attorney Scott Peterson for Some Practical Advice

CAR ACCIDENT CASES IN NEW YORK

When a person is a victim of negligence on the road, they may be able to file a civil claim. In any personal injury case, there are a number of things that a person may claim as “damages.” This is a legal term that signifies monetary awards assigned by the court to a plaintiff for the harm they have experienced from their case.

TYPES OF DAMAGES SEEN IN CAR ACCIDENT CASES

Some common damages that may be claimed in auto accident cases include:

• Medical Costs: Injuries from car accidents can leave a person with multiple severe injuries. One hospital stay can have a tremendous cost associated with it, and some serious injuries will require repeat visits to doctors or specialized care centers. For this reason, a person’s medical costs are often at the forefront of demands for damages in their case.
• Loss of Property/Damage to Property: Car accidents that result in injury are by no means clean incidents. Accidents often result in damage to, or at times, complete destruction of a person’s vehicle. A plaintiff may demand that a defendant pays damages related to repair costs or replacement of a total loss.
• Loss of Income: Serious injuries that result from a car accident can cause a person to be out of work for weeks. On top of that, many times, a person’s private transportation is their best access to work, or is deeply intertwined with that work. If their vehicle is lost, they may be able to claim damages for the income lost from the loss of their vehicle.
• Funeral Costs: The sad truth of auto accidents is that there is always a chance a person can lose their life in an accident, especially in accidents involving impaired driving. If a person loses their life, their family may claim funeral costs as a part of their wrongful death suit.
• Punitive Damages: When a defendant has been egregiously wrongful in their actions that led to the accident, punitive damages may be assigned. These are damages meant to punish the defendant for their actions, however, they are seldom seen, and typically reserved for cases that involve criminal or severe wrongdoing.
• Non-Economic Damages: Damages such as medical bills or loss of a vehicle are classified as “economic damages”. That is, there is a numerical value that can easily be assigned to the loss. Non-economic damages are those that cannot be measured economically or in monetary amounts, such as “pain and suffering” or “mental anguish.”

TYPES OF SARATOGA COUNTY AUTO ACCIDENTS

Auto accidents can happen anywhere, and Saratoga County is no different.  The most common of these are car accidents, which may be caused by distracted driving, impaired driving or basic negligence (the failure to act with reasonable care).

Any of these accidents causes frustration to the party who has been hurt, because for the most part, they are preventable.  Distracted driving accidents can be avoided by ignoring the phone; impaired accidents by not drinking and driving; other accidents by paying attention.

These accidents are also not limited to cars.  In fact, distracted driving and failure to pay attention can cause accidents involving trucks, motorcycles, large motor carriers and even off road vehicles such as ATV’s and snowmobiles.  In each of these situations, to determine whether a party is at fault, and whether the injured person may be able to recover, a few things must be considered.

1) Duty: did the person who caused the accident owe a legal duty to the injured party.  If they were operating the vehicle on a public roadway, chances are that they did, as generally speaking operators of vehicles owe a duty to others with whom they may reasonably foresee coming into contact with.

2) Breach of duty: did the individual who caused the accident fail to act reasonably toward the person who was injured?  If so they may have breached their duty to the injured person.  For example, if John is driving he owes a duty to Jane, who is also driving in the other lane oncoming.  If John is sending a text message, swerves, and hits Jane’s car, John has breached his duty to Jane.

3) Causation: Did John’s actions, in swerving and striking Jane’s car, cause her actual injuries (whether economic or physical)?  If Jane did not suffer any economic or physical/emotional injury from the actions of John, it is unlikely that she will be able to recover.

4) Damages: Along the same lines, Jane will have to prove that John’s actions caused her specific, provable damages.  If, for example, Jane had a pre-existing physical injury that was not involved in the accident, she would not likely be able to recover for that particular injury (she could recovery for injuries associated with the accident , or any prior injuries that were exacerbated by this accident).

If Jane is able to prove each of these elements, she will be entitled to recover against John for injuries that she sustained in the Saratoga Springs accident.  

Does this have to be proven in court?

 No, Jane would not, necessarily, have to prove each of these elements in court in order to recover for her injuries.  In fact, often John’s insurance company would negotiate to try and resolve the case before trial.  What Jane (or her attorney) does need to do, however, is to have sufficient evidence to be able to prove each of these elements, in order to make clear to the insurance company or attorney for John that if the case did go to trial, she would be able to prove each element, and thereby win damages from a jury.

INSURANCE LAWS IN NEW YORK

New York is a “No-Fault” insurance state, which means that insurance companies will make an attempt to settle any claims before a lawsuit arises. While this may be handy for negotiations, it is best to consult with an attorney before taking any settlements. The insurance adjuster’s primary role is to protect the financial interests of the insurer and the settlement offers provided to victims often fall shy of adequately covering long-term medical care and other expenses resulting from an accident.

New York requires basic insurance coverage of up to $25,000 for bodily injury and $50,000 for death for cases involving one person. For cases that involve two or more individuals, the coverage minimum is $50,000 for injuries and $100,000 for death. In addition, claims in New York operate on a comparative fault basis, which means that once a case is in court, the court may find a person only partially responsible for the incident. This means that a defendant may only have to pay a certain percentage of the total damages brought up in court.

INJURIES COMMON TO SARATOGA COUNTY AUTO ACCIDENTS

Injuries from auto accidents can come in all shapes and sizes, from bumps and bruises, to debilitating injuries including death.  An injured party in New York cannot recovery damages beyond No-Fault benefits, unless that party has suffered a “serious injury” as that term has been defined.  This makes it critical to speak with a lawyer if you’ve been hurt in an accident.  An insurance company may suggest to you, or lead you to believe, that you have not suffered a “serious injury”, and that therefore your claim is not significant, however we have seen numerous examples of injuries that did not initially look “serious” turn into life altering situations.

Some common injuries include broken arms and legs, severe neck, shoulder and back problems, and traumatic brain injuries.  In the worst cases an operator or passenger in a vehicle is killed.

We appreciate that these situations can be life-changing, and families can quickly become overwhelmed, confused, or simply emotionally unable to deal with the legal side of things.  We understand that, and are well equipped to step in and deal with these issues in a way that protects the rights of the family. 

CONTACT A CAR ACCIDENT ATTORNEY IN SARATOGA SPRINGS 

If you or a loved one has been injured in a motor vehicle accident, contact attorney D’Orazio Peterson today to discuss your right to compensation.

We represent clients in Saratoga, Warren, Washington, Albany, Rensselaer, Schenectady, Ulster and other upstate counties.