Aggressive driving is a real concern to all commuters on the road. Any unsafe driving behavior that is done with a total disregard for other drivers’ and passengers’ safety falls under the umbrella of aggressive driving. A study conducted by the AAA Foundation found that actions such as tailgating, last-second lane changes, or illegal passing play a role in up to 56 percent of fatal crashes. These negligent driving behaviors can have serious consequences.
If you or someone you love suffered injuries and other damages in a motor vehicle accident caused by another driver’s tailgating, you may be eligible for compensation for medical bills, lost wages, and more. An Albany tailgating lawyer can investigate the details of your case, determine liability, and negotiate with the insurance company on your behalf. Your attorney can file a personal injury lawsuit and take the case to trial if necessary. You should not have to face this financial burden on your own.
Contact the team at Morelli Law Firm for a free case review. Call (212) 751-9800 to speak to a representative today.
New York’s Following Too Closely Law
You know all too well the uneasy feeling when a driver speeds up behind you and follows your vehicle too closely in traffic. What if you have to slam on your brakes? What if the other driver’s aggressive behavior escalates? All too often, the situation can end badly.
Unfortunately, many drivers do not consider the consequences. To deal with this issue, New York passed the Vehicle and Traffic Law (VAT) §1129. The law states that a motor vehicle driver cannot follow another vehicle closer than a reasonable person would. Drivers have to consider the speed of the other vehicles, traffic, and highway conditions when determining how closely to follow a car.
Drivers convicted of violating the law by tailgating in New York face fines, penalties, and points on their license, which can lead to an increase in auto insurance premiums.
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Injuries You Can Suffer in a Tailgating Accident
Tailgating accidents not only result in property damage to your vehicle but can end with serious injuries. When another driver tailgates your vehicle, and you have to apply your brakes, the result could be a rear-end collision. Injuries commonly suffered in rear-end collision accidents include:
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries (SCIs)
- Neck and back sprains
- Bone fractures
- Internal organ injuries
- Internal bleeding
- Burns and scarring
It is important to seek medical attention after any tailgating accident. A doctor will be able to diagnose your injury as it relates to the accident. You may require several surgeries and weeks or months of physical therapy or rehabilitation before you start feeling normal again.
An Albany tailgating lawyer will gather all evidence in your case, including all medical records, when building your personal injury claim or lawsuit. This will play a major role in determining a dollar value for your damages and holding the at-fault driver accountable for their actions in civil court.
Call Morelli Law Firm today at (212) 751-9800 for a free review of your case. A team member is standing by to assist you.
Albany Tailgating Accident Lawyer Near Me877-751-9800
Recoverable Damages in a Tailgating Accident in New York
New York is one of only several states that follows a no-fault car insurance system. This means when you are in a car accident, your PIP or personal injury protection coverage will kick in to cover your medical and other out-of-pocket costs, regardless of the other driver’s negligence. Your insurance will only cover up to the policy limits, so if your medical bills and other damages exceed those costs, you may consider filing a personal injury lawsuit against the other driver.
If you choose to do so, the injuries you suffered in the accident must qualify as “serious” under New York state law. Serious injuries considered are the following:
- Fractured bone
- Serious disfigurement
- Permanently unable to use a body organ or member
- Severely limited use of a body function or system
- Full disability for at least 90 days
If you qualify, you can seek economic and non-economic damages in a personal injury claim or lawsuit. This would include:
- Medical expenses (past, present, and future costs)
- Lost income (due to work missed as a result of the accident)
- Other out-of-pocket costs
- Pain and suffering
- Mental anguish
- Loss of consortium (if you lost a loved one as a result of the accident)
We realize this is a very difficult time for you and your family. If you lost a loved one, an Albany tailgating lawyer might be able to determine if you are eligible to file a wrongful death lawsuit on their behalf. Our attorneys work on a contingency fee basis, meaning you do not have to pay us anything upfront or out of pocket unless we win a fair settlement for you.
Statute of Limitations in a New York Tailgating Accident Case
The statute of limitations for filing a personal injury lawsuit in a New York civil court is three years from the day of the accident, according to New York Civil Practice Law and Rules (CVP) §214. If you miss this deadline, the court can dismiss your case. This is why hiring an attorney familiar with the state’s laws and statutes can benefit you while seeking compensation for the damages you have endured.
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Call Morelli Law Firm for Help Today
The team at Morelli Law Firm is standing by to assist you. You should not have to struggle through the legal process on your own for an accident you did not cause. Call (212) 751-9800 to speak to a team member today about your case for free.