Car Accidents in New York

A traffic collision, also known as a traffic accident, motor vehicle collision, motor vehicle accident, car accident, automobile accident, Road Traffic Collision (RTC) or car crash, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction, such as a tree or utility pole. Traffic collisions may result in injury, death and property damage.
A number of factors contribute to the risk of collision including; vehicle design, speed of operation, road design, road environment, driver skill and/or impairment and driver behavior. Worldwide motor vehicle collisions lead to death and disability as well as financial costs to both society and the individuals involved.

 

Terminology

Many different terms are commonly used to describe vehicle collisions. The World Health Organization use the term road traffic injury
[1] While the U.S. Census Bureau uses the term motor vehicle accidents (MVA)
[2] Transport Canada uses the term "motor vehicle traffic collision".
[3] Other terms that are commonly used include auto accident, car accident, car crash, car smash, car wreck, motor vehicle collision (MVC), personal injury collision (PIC), road accident, road traffic accident (RTA), road traffic collision (RTC), road traffic incident (RTI), road traffic accident and later road traffic collision, as well as more unofficial terms including smash-up and fender bender.
Some organizations have begun to avoid the term "accident". Although auto collisions are rare in terms of the number of vehicles on the road and the distance they travel, addressing the contributing factors can reduce their likelihood. For example, proper signage can decrease driver error and thereby reduce crash frequency by a third or more.[4] That is why these organizations prefer the term "collision" rather than "accident".
However, treating collisions as anything other than "accidents" has been criticized for holding back safety improvements, because a culture of blame may discourage the involved parties from fully disclosing the facts, and thus frustrate attempts to address the real root causes

 

Classification

Motor vehicle collisions can be classified by mechanism. Common mechanisms include head-on collisions, run-off-road collisions rear-end collisions, side collision, and rollovers.

 

Causes

A study shows, using British and American crash reports as data, found that 57% of crashes were due solely to driver factors, 27% to combined roadway and driver factors, 6% to combined vehicle and driver factors, 3% solely to roadway factors, 3% to combined roadway, driver, and vehicle factors, 2% solely to vehicle factors and 1% to combined roadway and vehicle factors.

 

Human factors

Human factors in vehicle collisions include all factors related to drivers and other road users that may contribute to a collision. Examples include driver behavior, visual and auditory acuity, decision-making ability, and reaction speed.



A 1985 report based on British and American crash data found driver error, intoxication and other human factors contribute wholly or partly to about 93% of crashes. An RAC survey of British drivers found that most thought they were better than average drivers; a contradictory result showing overconfidence in their abilities. Nearly all drivers who had been in a crash did not believe themselves to be at fault. One survey of drivers reported that they thought the key elements of good driving were Controlling a car including a good awareness of the car's size and capabilities reading and reacting to road conditions, weather, road signs and the environment alertness, reading and anticipating the behavior of other drivers. Although proficiency in these skills is taught and tested as part of the driving exam, a 'good' driver can still be at a high risk of crashing because the feeling of being confident in more and more challenging situations is experienced as evidence of driving ability, and that 'proven' ability reinforces the feelings of confidence. Confidence feeds itself and grows unchecked until something happens – a near-miss or an accident.

An AXA survey concluded Irish drivers are very safety-conscious relative to other European drivers. However, this does not translate to significantly lower crash rates in Ireland.[9] Accompanying changes to road designs have been wide-scale adoptions of rules of the road alongside law enforcement policies that included drink-driving laws, setting of speed limits, and speed enforcement systems such as speed cameras. Some countries' driving tests have been expanded to test a new driver's behavior during emergencies, and their hazard perception. There are demographic differences in crash rates. For example, although young people tend to have good reaction times, disproportionately more young male drivers feature in accidents,[10] with researchers observing that many exhibit behaviors and attitudes to risk that can place them in more hazardous situations than other road users.
This is reflected by actuaries when they set insurance rates for different age groups, partly based on their age, sex, and choice of vehicle. Older drivers with slower reactions might be expected to be involved in more accidents, but this has not been the case as they tend to drive less and, apparently, more cautiously.[11] Attempts to impose traffic policies can be complicated by local circumstances and driver behaviour. In 1969 Leeming warned that there is a balance to be struck when "improving" the safety of a road:[12]
Many places that look dangerous have few or no accidents. Conversely, a location that does not look dangerous may have a high crash frequency. This is, in part, because if drivers perceive a location as hazardous, they take more care. Accidents may be more likely to happen when hazardous road or traffic conditions are not obvious at a glance, or where the conditions are too complicated for the limited human machine to perceive and react in the time and distance available. (This fact can be used to improve safety, by putting up signs in accident-prone locations, like ones stated above.)
This phenomenon has been observed in risk compensation research, where the predicted reductions in accident rates have not occurred after legislative or technical changes. One study observed that the introduction of improved brakes resulted in more aggressive driving,[13] and another argued that compulsory seat belt laws have not been accompanied by a clearly attributed fall in overall fatalities.[14]

 

Motor vehicle speed

The U.S. Department of Transportation's Federal Highway Administration review research on traffic speed in 1998. The summary states:

That the evidence shows that the risk of having a crash is increased both for vehicles traveling slower than the average speed, and for those traveling above the average speed. That the risk of being injured increases exponentially with speeds much faster than the median speed. That the severity of a crash depends on the vehicle speed change at impact.

That there is limited evidence that suggests that lower speed limits result in lower speeds on a system wide basis. That most crashes related to speed involve speed too fast for the conditions. That more research is needed to determine the effectiveness of traffic calming.

The Road and Traffic Authority (RTA) of the Australian state of New South Wales (NSW) asserts speeding (travelling too fast for the prevailing conditions or above the posted speed limit is a factor in about 40 percent of road deaths. The RTA also say speeding increases the risk of a crash and its severity. On another webpage, the RTA qualify their claims by referring to one specific piece of research from 1997, and stating "research has shown that the risk of a crash causing death or injury increases rapidly, even with small increases above an appropriately set speed limit."

The contributory factor report in the official British road casualty statistics show for 2006, that "exceeding speed limit" was a contributory factor in 5% of all casualty crashes (14% of all fatal crashes), and that "travelling too fast for conditions" was a contributory factor in 11% of all casualty crashes (18% of all fatal crashes)

 

HOW TO AVOID A CAR ACCIDENT

How to Avoid a Car Accident

Every year, thousands of people are involved in automobile accidents. In almost every accident, somebody acted negligently, and could have avoided the accident by exercising more caution.t

I have represented thousands of accident victims and seen over and over again common accident mistakes. Most of the time, only one person is at fault. Sometimes, more than one drive shares the blame.

The following suggestions are given to help you avoid causing or contributing to an accident. This is not a hypothetical list. This is a list gleaned from years of seeing thousands of situations occur in the lives of my clients.

Driving Under the Influence of Alcohol or a Controlled Substance. It's never a good idea. Some of the worst accidents I've seen are caused by drunk drivers. Most people who consume alcohol do not think they are too impaired to driving. Alcohol impairs reaction time, and those fractions of seconds can make a difference in driving situations.

Falling Asleep at the Wheel. If you get tired while driving, pull over and take a quick nap. I drive long distances frequently, and I pull over when I get tired. Don't fight hrough it.

Overcorrecting. Many of the accidents I see are people who overcorrect. People see something in the road they don't want to hit, and they swerve to miss things that would not hurt them if they hit them. Road cones. Tumbleweeds. Rubber from tires. My advice is to hit the object, and brace yourself. In most cases, the consequences are far less severe than swerving at a high rate of speed. My wife just lost a friend who was ejected from her Hummer (she was not seat-belted, either) when her husband swerved to miss a road cone, rolling vehicle several times.

Running a Red Light. Don't enter an intersection after the light turns red. Ever.

Turning Left on a Yellow Light. When the light is turning yellow, vehicles going straight try to beat the light. But the person who needs to turn left has been waiting in the intersection. The fatal mistake I have seen time and again is the turning party turns on the assumption that the speeding car going straight is going to stop. That is a risk you should not take. Assume nothing. Even though the light turns red, you are already in the intersection. Most street have a delay between when the light turns red the opposite lights turn green. Besides, you face far less risk with cars that see you ahead of them that are accelerating from a stopped start than to pull in front of a car going 45 miles an hour.

Following Too Closely. It is hard in crowded traffic to keep a safe distance between you and the car in front without someone cutting in front of you, but you have to discipline yourself to do it. Think of space as a big cushion or pad of safety. That buffer of space will save you from many accidents that occur when people in front of you have to slam on their brakes or take evasive action. Many of the rear-ender accidents I handle could have been avoided if people just gave themselves more space between them and the car. The rule of thumb is one car length per 10 miles an hour, or a 2-second buffer between you and the car in front of you.

Driving in the Parking Lane. The shoulder of the road is not a lane, even though many people use it. I have seen many accidents occur as people try and use this as a travel lane. People turn into them all of the time. Any lane to right of a white line is not a driving lane.

Failure to Adjust Speed Given the Road Conditions. Too many people travel too fast, ignoring speed limits. Also, people fail to adjust their speed when hazardous conditions exist. Speed limits are maximum speeds, and if hazardous conditions exist, drop your speed below the maximum so you can have time to react to approaching conditions.

Failure to Pay Attention. Many accidents also occur because people get distracted, talking on their hand- held cell phones, leaning down to pick something up, eating, talking to someone in the car, etc. Your car is not a restaurant, phone booth or office. Force yourself to avoid distractions and remember that fractions of seconds matter if you are going to avoid or prevent accidents.

Changing Lanes without Looking. Always check your and blinds blind spots when changing lanes. I have seen a number of side swipe cases because people failed to do this.

Making Illegal Traffic Maneuvers. Don't' make maneuvers, such as U-turns, in places where they are not allowed. The double dashed center lanes on many of our roads are not merge left lanes, they are left turn only lanes. Only use them for their intended purposes.

I know if everyone followed the rules, I would probably be out of a job! Most people will not take my advice--but I hope you do.

Craig Perry is an attorney practicing law in the State of Nevada since 1989. He has handled thousands of cases and settled millions of dollars in personal injury and workers compensation claims. He does not charge a fee for first consultations. He has a bilingual office staff (Spanish) and he speaks Italian fluently.

 

THINGS TO REMEMBER ABOUT CAR ACCIDENT CLAIMS

Things to Remember About Road Accident Claims

With the increase in population the number of vehicles on the road has augmented and consequently the number of accidents as well. Irrespective of the size and prosperity of countries, road accidents are becoming a common in all parts of the world, damaging the lives and health of people. And the sad fact is that whether you are driving a vehicle or a pedestrian you are not free from accidents on the road. Naturally it becomes important that you are aware of the various road accident claims available for those unfortunates who meet with an accident.

Road accident claims are various for various types of vehicles like motor cycles and four wheelers. And unless you know these claims and the documents required for these you might not be able to make your claim successfully and get the compensation you deserve. Often it happens that when you meet with an accident the situation becomes so messy that you are unable to take the necessary steps. Even if it is someone you know who is caught up in an accident and you happen to be in the vicinity, if you know the proper procedures for the road accident claims you can be of great help and support to that person.

In order to make the claims there are some of the basic requirements. And they are:

Details about the accident like the date, time and place and how the accident happened
Contact details about the people involved like their phone number and addresses
Contact details about the witnesses
Details about the vehicles like their model, registration number, etc.
Details about the insurance of the vehicles involved

Often if you yourself are involved in an accident it is not possible to collect these details. In fact, it takes a lot of courage to collect your mental faculties at the time of an accident to get all these details. If you feel you are not up to it you could get the help of someone close to you who happen to be with you or who is in the vicinity to get these details. Also, now most of the cell phones come with an in-built camera, hence you could even get the photographs of the accident scene which could be a great help and proof while you make your claims.

There are different grounds on which you could make the claims like the damage happened to the vehicle, injuries suffered by the people, the loss of time and wages, etc. However, the main point that you need to remember before claiming is that you need to be sure that you are not the party who caused the accident. Once you are able to confirm that you can go ahead with your claims and nobody or nothing can stop you.

On your instruction we, Claims Today Ltd will visit you at a place of your convenience, at home or place of work, to take a detailed witness statement giving a comprehensive view from your side of the road accident claim.

 

DO YOU NEED A LAWYER?

Car Accident - Do You Need a Lawyer?

The need for a lawyer in a car accident typically depends on the circumstances surrounding the event. However, in view of a highly litigious environment, it is essential to look at the degree of the car accident and judge accordingly. A simple fender-bender can be settled through your insurer but an accident involving bodily harm or injury may require a lawyer. If no one is hurt, then one can usually do without the services of a lawyer.

The need for a lawyer will thus arise if one has suffered some kind of permanent injury as a result of the car accident causing loss of time away from work, school or household chores. In such an event you may want to consult a lawyer for representation in a claim against the person responsible for such injuries.

An attorney or a lawyer that deals with personal injury is who you need to contact for getting your case resolved. There are some cases that need the immediate attention of a lawyer such as:

Serious injuries resulting in broken bones, permanent injuries and hospitalization. The result of the car accident is death.
When there are other parties involved like pedestrians and other vehicles.
The question of who is at fault has not been adequately answered.
Inaccuracies in the police report making you the party at fault.
Involving technical, medical and legal issues.
Insurance matters like low limit on liability insurance, having no insurance, not having paid insurance premiums and problems with the insurer himself.
In some other cases, an attorney can be helpful but not necessary are:

Seeking advice on settling a claim, handling negotiations with an insurer
Requiring clarifications on terms of policy and confused on what rights you may or may not have Seeking expert advice for paperwork
Determining if insurer is acting in bad faith.
When fault is an issue.
If there is an insurance claim process, it might necessitate the hiring of a car accident lawyer. Typically, lawyers in their advertisements will urge you to contact a car accident attorney so as not to lose your right to sue at a later date. They however, hardly ever specify the circumstances under which you would be required to do the needful. So then, how does one decide whether or not the advice of a car accident attorney is necessary.

Usually, the clear-cut claims do not require much advice or consultation from a car accident attorney. This would be in cases where the liability has been clearly defined and the person has admitted his fault, wherein injuries are only minor and medical and other expenses are negligible. It would also be applicable if there are no extenuating circumstances requiring investigation such as uncertainties about insurance coverage, questions about statute of limitations, previously existing injuries to the same body parts and complicated accident scenario. Most people do not know of these problems when they happen and prefer to handle their claims on their own and only later realize the need for a lawyer to clear out the mess.

The car accident lawyer will help when you are uncertain as to who is liable, how to handle your claim or even when you are unsure of negotiating your own settlement. Similarly, if the adjuster asks you to provide medical records prior to the accident, or makes you an offer that is not in consonance with your claim or even offers to pay you in parts rather than a lump sum, you may need to consult a lawyer for further clarifications.

It is however imperative that you consult a car accident lawyer when:

The insurance company denies your claim
You are seriously injured with huge medical bills or have only residual disability The injured person is a minor
Your claim is valuable but proof of loss is intangible
Liability is in question
Complicated facts and circumstances surrounding your accident
The injured party has slapped you with a lawsuit.

 

CAR ACCIDENT SETTLEMENT

Car Accident Settlements - How to Negotiate More Money with the Auto Insurance Adjuster

To get more money from your car accident settlements, you need to understand how to negotiate with an auto claims adjuster.

Negotiating with an auto claims adjuster is tough. If you are unprepared, then you can end up losing thousands of dollars in your car accident claims.

To begin you need to know...

Who is the Car Insurance Adjuster?
The auto claims adjuster is the person who will evaluate what your auto accident settlement is actually worth.

The auto insurance adjuster will:

Collect and review the facts of your auto accident.
Check if you are covered under an auto insurance policy.
Investigate who was at fault for the accident.
Negotiate with you about your final settlement.
Write a check for your settlement.
However, the main goal of the car insurance adjuster is to settle your accident claim quickly and cheaply. This is why the insurance company hires them and this is how it rates their performance. An insurance adjuster, who takes too long to close auto accident claims or is unable to get low car insurance settlement, is not going to make their claims supervisor happy.

When you are negotiating your car insurance settlement, the two most important things you should focus on are...

1. Never Rush to Finish Your Auto Insurance Settlements
The auto insurance adjuster will try to pressure you to settle your auto accident claim quickly. This is because the longer an auto settlement takes, the more money an insurance company risks of losing.

You should never settle your car accident claims quickly. Even though you may want a quick accident settlement, to get your money faster and avoid the headache of dealing with the insurance companies, you will only hurt yourself in the long run.

Getting a quick auto insurance settlement will not help you, if you don't take the time to get accurate car repair estimates. A quick settlement will not help you, if your car accident injuries are not properly diagnosed and treated.

These things will end up costing you a lot more money in the long run. Settling the claims quickly helps the insurance company, not you. So take your time analyzing your accident claims, speaking with doctors, getting multiple car repair estimates, and fully recovering before closing your auto insurance settlements.

2. Never Accept the First Car Accident Settlement Offer
It is a common practice amongst auto claims adjusters, to give you their lowest settlement offer first. Remember, the claims adjuster's job is to save the insurance company money, not you.

The low settlement offer helps the auto claims adjuster see how desperate you are to settle. If you take the first offer, you will have missed out on a lot more money from your auto accident settlements. This is because the auto claims adjuster always has more money to negotiate with. The auto claims adjuster is given a settlement range to work with. This settlements range, depends on the how experienced the auto insurance adjuster is.

For example, a relatively inexperienced adjuster may be given a range of $5,000 to $10,000. While a more experience adjuster may have $10,000-$25,000 to close a claim with.

You most likely won't know the car accident settlement range of your adjuster, but you should never accept the first offer.

These are some of the most common negotiating tactics, used by the auto insurance adjuster, to lower your car accident settlements.