New York Personal Injury Lawyer Blog
Drivers in Goshen and around Orange County in New York spend significant amounts of time in their cars commuting. In August of this year, two were killed and nine were injured in a crash that closed Route 17 between exits 118 and 119 in both the east and westbound directions. If you were injured or a loved one was killed as the result of an at-fault driver, you should consult experienced Goshen car accident attorneys. Mark Siesel has more than 35 years of experience representing clients who have been seriously injured in a car accident.
The nighttime crash involved a Ford Escape and a Toyota Sienna, both heading eastbound. There was a rollover. Some people were thrown out of the vehicle, but others were trapped there. By 1:40 in the morning, the westbound lanes had opened. The eastbound lanes remained closed and there were delays.
Many car accidents in or around Goshen are the result of driver negligence. To establish negligence, our lawyers will need to show by a preponderance of the evidence: (1) the other driver owed you a duty to use reasonable care, (2) the other driver departed from this duty, (3) the departure resulted in your serious injuries, and (4) actual damages were incurred. Drivers may breach the duty to use reasonable care by speeding, weaving, failing to obey traffic signs and signals, drunk driving, driving while distracted, and driving while under the influence of alcohol. For instance, if another driver was weaving through traffic trying to pass you on the 17 and crashed into you instead, we may be able to show negligence.
You should be aware that your damages can be reduced by an amount equal to your degree of fault under the doctrine of comparative negligence. Under this doctrine, a defendant tries to establish that a plaintiff was partially or fully to blame for the accident that resulted in his injuries. The jury in Goshen would determine the total amount of damages, as well as the percentages of fault, and your damages will be reduced by an amount equal to your percentage of fault. For example, if your damages are $200,000 and the jury finds that you were 50% at fault for speeding on Route 6, you may only recover $100,000 for your injuries and you will be responsible for $100,000 of your own damages.
There are situations in which it’s not clear why an accident happened, or the causes may be complex. When a sport utility vehicle rolls over, for instance, there is the possibility of a defective car, but whether that is a strong reason for the rollover may need to be examined by an accident reconstruction expert.
In most cases, damages arising out of injuries sustained in a car crash are compensatory. They can include both economic and noneconomic losses including medical expenses, lost wages, lost earning capacity, disfigurement, pain and suffering, loss of enjoyment, loss of consortium, replacement services, and rehabilitation.
Fatal crashes can give rise to a wrongful death lawsuit. These suits allow for recovery of pecuniary losses where there is neglect or other type of fault for a car accident. Under New York law, a personal representative of the decedent’s estate will need to file the wrongful death suit.
If you were seriously injured or a loved one was killed in a Goshen car accident you should call seasoned personal injury lawyer Mark Siesel. With 35 years of experience in the courtroom, he is able to take your case to trial if a fair settlement can’t be reached with an at-fault driver or other parties. Contact him at (914) 428-7386 or complete this online form.