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Auto Accident Attorney New York, NY

Auto Accident Lawyer New York, NY

Auto Accident Lawyer In New York, NY

An Auto Accident Lawyer New York, NY Trusts Discusses Determination of Fault After an Auto Accident

An auto accident lawyer in New York, New York knows that while we all do our best to drive safely, car accidents do happen. When they do, it’s important to be well prepared with an experienced New York, NY auto accident lawyer who can walk you through the legal process. Determining fault in the case of a car accident requires an abundance of evidence to take to court. An auto accident lawyer should be able to help you gather important evidence and strategize your case. When determining fault, there are four basic categories to consider: negligence, reckless driving, intentional misconduct, and strict liability.


Negligence, as it relates to auto accidents, is defined as someone’s carelessness or egregious wrongdoing that causes an accident on the road. A negligent driver may be one who was texting and driving, is speeding past a car, or drives through a red light. Having a well-documented police report and photographic evidence can be instrumental in proving negligence in a car accident. A New York, NY auto accident lawyer will be able to submit photos into evidence to use to aid your case in trial.

Reckless Driving

A reckless driver is one who acts with no regard for the safety of others on the road. This would be a driver who was excessively speeding or weaving between cars. Reckless driving can cause severe accidents that can leave you injured and out of work. If you have been injured, it’s important to see a doctor immediately to have a record of your injury.

Intentional Misconduct

Intentional misconduct is less common in car accident cases but can come into play if the driver was driving under the influence. If you suspect the other driver was intoxicated, it’s important to alert the police and your auto accident lawyer so that it can be included in the official report.

Strict Liability

Strict liability comes into play when there is a defect, malfunction, or special set of circumstances that contribute to the accident. This could be a mechanical malfunction in the vehicle or a hazardous product being transported leading to the accident. In this case, a car accident lawyer may advise you to look into holding the responsible company directly liable instead of the driver. Your auto accident lawyer will be able to look at the evidence and circumstances to determine if this is the best course of action for your particular case.

Contact Oddo & Babat

If you have been in a car accident and have been injured, you likely have medical bills and car repairs to pay for. With the help of an auto accident lawyer New York, NY drivers trust, you may be able to recover that money.

Determining fault in a car accident can be tricky, especially when there’s potentially fault on both sides. Having an experienced lawyer from Oddo & Babat, who is dedicated to getting you the compensation you deserve may offer you peace of mind during this time.

Do not hesitate to call an auto accident lawyer in New York, NY from Oddo & Babat today for a free consultation.

Frequently Asked Questions

My Car Has Been Hit, What Do I Do Now?

What you do right after an accident can dramatically impact the credibility of your claim. Make sure to:

  1. Find a safe space that is off the road and out of the way of the scene of the accident.
  2. Do not leave the scene of the accident.
  3. Assess your injuries and get medical attention as soon as possible.
  4. Call 9-1-1 and have the cop on the scene give you a copy of the police report.
  5. Exchange contact and insurance information with the other parties involved.
  6. Take photos of the scene and any damage.
  7. Gather contact information of any witnesses.

What Should I Not Do After Being in an Accident?

Doing a few different things right after your accident can jeopardize the legitimacy of your lawsuit. They are:

  • Making any recorded statements. You will want to wait until your lawyer is there with you and can act as your legal representation. If you make a public claim to the police officer on the scene or an insurance company, it can be hard to retract from that.
  • Don’t wait too long to seek medical help. You need to put your medical needs first, and proving that you went to a doctor as soon as possible will give you a claim of legitimacy down the line.
  • Do not wait to contact a lawyer. Depending on your state, there may be a statute of limitations for car accident law. To ensure you have the chance to get the damages you are entitled to, don’t hesitate to make a phone call today.

What if the negligent party was a government entity?

After being in an accident you may not be sure what your next step should entail. At Oddo & Babat, we highly recommend the legal and sound advice from one of our attorneys. If you were injured because of the carelessness or negligence of someone else, you may have a claim. After an accident, it is important that you try to collect any evidence you can such as photographs or videos of the event. You may also want to see if there are any witnesses around and get their contact information. Lastly, you want to make sure you collect the contact information of the party that is responsible for your injuries. Collecting this information can help when you present your claim later on.

What Do I Need to File a Claim?

When it comes to filing a claim, you need as much information as possible about what happened in the accident and who was involved. More information will make it easier on your lawyer to get the evidence and facts straight. This includes documentation of any and all medical records, photos of injuries and property damage, and witness testimonies.

What Happens If the Other Party Doesn’t Have Adequate Insurance?

This is always a risk when you are out on the road, and unfortunately, if this is the case you may not be eligible for all the damages you deserve. To prevent this, it is always wise to invest in your own personal underinsured and/or uninsured car accident insurance. Doing so will bring you peace of mind that you can be protected in case the worst happens.

Who is held responsible for my medical bills?

After an accident, it is very common to begin thinking about how you are going to pay for all of the medical bills associated with your injuries. Each case is different, that is why you should seek the counsel from a trusted firm. For example, your health or auto insurance may cover the medical expenses, or the person at-fault may have their insurance carrier cover the costs. To have a clearer understanding of how your expenses will be coverage consider contacting us for a free consultation.

Is there a time limit for filing a lawsuit?

If you are considering filing a lawsuit, there are strict time limits or statutes of limitations that must be followed in order to file a claim. For government, counties, or state lawsuits, there are also notice requirements that must be filled out in a specific time period. The specific deadlines can vary from case to case, that is why having a skilled lawyer from Oddo & Babat on your side can help make the lawsuit easier. If you miss any of the deadlines, you could lose your chance to file a claim and gain the compensation needed in order to recover from the injuries.

Can I sue the county or city?

Yes, it is possible to sue the county or city. They are to be held liable for their negligence and the negligence of their employees. Trying to sue the county or city does involve different statutes of limitations that must be followed exactly. Speaking with a lawyer from Oddo & Babat is the best way to verify if your claim involves the county or city. These types of claims can be complex so having a knowledgeable lawyer by your side can improve the chances of you receiving the compensation you deserve.

Can I sue the government?

Just like the county or city, you are able to sue the government for negligence or the negligence of their employees. When trying to sue the government there are several more statutes of limitations that must be followed and these claims are normally very complex. It is highly suggested that you seek proper legal guidance so that the lawyers can help you avoid missing any important deadlines. If any deadline is missed the government will forever bar your claim and you will not be able to receive compensation. Suing the government is not something you should try to tackle on your own.

If you have been in a car accident, you may be confused and overwhelmed. Working with a lawyer can help bring you clarity and present you with compensation that you deserve. Do not hesitate to to contact a lawyer for help when you need it, and get protected today. Contact an auto accident lawyer New York, NY clients count on from Oddo & Babat for help.

Client Review

“Darren and his team worked seamlessly to arrive at a resolution on two different cases against high profile companies. We are extremely happy with the speed and professionalism they displayed and will use them again in the future, if the need arises. I would recommend, Oddo & Babat for legal advice and help.”
James Murphy
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