Staten Island Car Accident Lawyer

A Staten Island car accident is a traumatic experience that will cause severe injuries to your body and your mind. A full recovery can take many years, and depending on the collision’s circumstances, it could end up negatively changing your life forever. This is why you should always seek compensation when you’re hurt by another individual’s negligence. Even though Staten Island is the safest borough to drive in, with just 5,272 collisions, the numbers account for 5% of all New York City accidents.

The aftermath of a car accident can be confusing, but knowing how to proceed is the key to success for your accident claim. You probably have a lot of questions about your case’s details and the exact legal procedure, and the only one that can answer them correctly is a Staten Island car accident lawyer. Reach out to the attorneys at Kuharski, Levitz & Giovinazzo, Esq. for guidance.

What Needs to be Proven in a Successful Car Accident Lawsuit?

Each state has its own complex laws and legal process when it comes to personal injury law. Connecting with an attorney who can guide you through these New York laws is important. In every case regardless of the state, there are a few main factors you’ll need to consider and prove: damages and liability.

Before proceeding with filing a suit against another party, fault has to be determined. A lawyer with extensive personal injury knowledge will know which documents are required for your claim. Any evidence that you gathered at the scene such as photographs and witness information, police reports, and any traffic surveillance will be evaluated.

To determine what compensation you are entitled to, the amount of damages that you or your loved one has suffered needs to be calculated. In addition to the costs that are easily determined by receipts such as medical charges, pharmaceutical bills, and lost wages, through an extensive evaluation we can determine emotional damage that may be tough to prove.

Obtaining Evidence for a Staten Island Car Accident Claim

Proving that another driver was responsible for all the damages that were a direct consequence of a collision caused by their negligence is the basis for all car accident claims. Here’s a list of the evidence that’s typically used to prove this element.

Photographic Evidence

Documentation that can’t be disputed by the insurance company can be useful when you’re seeking adequate compensation. Pictures of your injuries, all vehicles involved, and the damage done to them are critical for your claim’s success. You can also show photos of road conditions and nearby stores to eliminate all doubts from defendants and adjusters.

If this is not enough, you can work with an attorney to obtain CCTV recordings. They can issue a subpoena to obtain footage that shows the dynamics of the accident and how your injuries are the result of negligent behavior. If you had a dash cam installed when the collision took place, you can combine evidence to put yourself in an advantageous position.

Statements from Witnesses

Eyewitness testimony can move your case toward a quick resolution, especially if a neutral third party can accurately describe the events that preceded the collision. The more statements you’re able to collect, the easier it becomes to establish who’s the at-fault party. This step becomes even more important if the insurance company tries to blame you for the accident.

Don’t forget to exchange contact information with all potential witnesses including names, addresses, and phone numbers. The last thing you want is to obtain vital information without having the possibility to contact an individual that can testify for you. If your case goes to trial, this element can be the key to success when you’re looking to receive the maximum amount of compensation.

Police Report

When Staten Island police officers show up at the scene of the accident, they’ll file a report that contains all information they’ve gathered from everyone involved. It also contains the officer’s opinion on the accident, which holds weight during legal procedures. Because of this, you should always try to obtain a copy of this documentation.

Many accident victims fail to obtain the compensation they deserve because they don’t want to get law enforcement involved. This mindset can stop you from fixing the damage caused by the negligent party, as failing to report your accident can leave you paying fines. Reach out as soon as possible, especially if someone is injured or was killed in the Staten Island crash.

Receipts

Your injuries aren’t the only factor that will be included in your compensation. Part of your settlement will also come from the damage done to your vehicle. That’s why you should always keep all receipts related to repairs or replacements. Showing that the damage done is directly correlated to the circumstances of the collision can also help you prove fault.

Insurance companies may even go as far as accusing you of having done something to your vehicle, which caused it to fail and cause a Staten Island crash. Don’t forget to include all relevant documentation after repairs, especially if your car underwent modifications or upgrades shortly before the accident happened. This can also increase your claim’s value.

Medical Records

Your medical records are proof that your injuries were caused by a Staten Island car accident. They also contain valuable information about your treatment plan, future surgeries, and all types of medical assistance required in the future. They are your best weapon against insurance companies who try to blame your symptoms on a pre-existing condition.

This is one of the many reasons why you should always visit a doctor after a collision, even if it’s a minor one. Delayed symptoms, especially in brain injuries, are common. You might feel fine until a few days have passed. A doctor can also release a statement that demonstrates how your traumas are linked to an accident, which will be considered expert testimony.

Why Can’t I Trust Insurance Companies?

Auto insurance is a legal requirement for Staten Island drivers, and it’s used to cover your losses if something unexpected happens. Unfortunately, that’s often not how things play out in reality. Insurance companies are a business that works for profit, and you getting the money you deserve means that they’ll be facing a loss, which goes against their preferred way of operating.

While accepting a settlement from insurance adjusters in the days following an accident might be the quickest way to receive compensation, doing so isn’t recommended. There’s a high probability you’re getting lowballed. But this is not the only reason why you can’t trust the insurance company to provide you with a good settlement offer.

Stopping You from Speaking with a Staten Island Lawyer

Insurance adjusters often try to appear sympathetic and claim they’re on your side while telling you that legal representation is a waste of your money and time.

The insurance company is trying to stop you from knowing your rights. Without a Staten Island car accident attorney by your side, you may be unaware of your claim’s true value. Your settlement won’t be enough to cover all your current and future expenses, but once you realize it, it’ll be too late. Don’t let adjusters trick you into proceeding unwisely.

Using Your Words Against You

Insurance companies look for a recorded statement before anything else. Something as harmless as specifying that you currently feel alright will be used against you during negotiations to accuse you of exaggerating your injuries.

It’s recommended to avoid answering any questions about your symptoms and the pain you’re experiencing after a Staten Island car accident. You should provide them with nothing more than basic information and let your attorney speak on your behalf.

Stalling to Make You Accept Their Conditions

Having to suddenly deal with expenses and all other bills while injured means you’re not in the best place financially, and insurance companies know this very well. Other than trying to provide you with offers that look good on paper but won’t cover all your damages, they’ll also try to waste as much time as possible in the hopes that you give up and accept their terms.

This tactic works because victims who lack legal representation can’t afford to waste time. They’d rather receive quick compensation instead of fighting for bigger offers. Don’t make this mistake. Let your Staten Island car crash lawyer negotiate on your behalf.

Ignoring Evidence

Evidence can stop adjusters from denying your claim, but this doesn’t mean they have no other ways of responding. If they can’t get rid of your request for compensation, they’ll insist on giving you the lowest amount of settlement possible while ignoring evidence. This can cause you to be stuck in a loop of offers and counter-offers.

In this instance, the only way to bring your case towards a satisfying resolution is to take it to court. Insurance companies don’t want to deal with a trial’s unpredictability, especially if your evidence is convincing. Make sure that your Staten Island car accident lawyer has trial experience and is prepared for your case.

Damages You Can Collect in a Car Accident Case

There’s much more to your compensation than medical bills and car repair costs. Under New York law, you can collect both economic and non-economic damages, as long as you’re able to prove liability. Your settlement will take into consideration everything that negatively impacted your life.

Economic Damages

When you’re hurt in a dangerous Staten Island car accident, your bills may already be piling up. Car accidents are expensive, and your recovery may be stalled if you don’t have the funds. Luckily, your lawyer can help you calculate your claim’s value.

Below is just a sample of the types of economic damages, or the financial costs of your accident, you may be due because of your Staten Island car accident:

All your medical expenses, including treatments for pre-existing conditions worsened by a car accident
Lost wages, which includes all income you could have generated if the accident didn’t take place
Lost earning capacity, in case your injuries are life-changing and stop you from living like you used to
Property damage, which includes vehicle repair or replacement costs

Non-Economic Damages

When you’re hurt in a Staten Island car accident, it can be tough enough to calculate your economic damages. But what about your non-economic damages?

These damages refer to your intangible types of suffering. These may not have a bill attached to them, but they’re just as important to get compensation for. Below are just a few common non-economic damages your lawyer can help you seek compensation for:

Pain and suffering – These damages include physical pain and emotional anguish due to the loss of not only physical function but a possible change in your social life as well.
Loss of consortium – Loss of consortium is defined as the injury to a marital relationship due to the injuries one’s spouse has suffered. This term is not only reserved for married couples, it may also apply when it affects any type of relationship that you rely on for love, support, and companionship.
Mental anguish – This pertains to the mental well-being of the victim caused by the physical harm of the accident and the emotional trauma.
Disfigurement – Any change from one’s previous external physical appearance, such as major scarring, may lead to disfigurement damages.
Loss of enjoyment of life – Injuries sustained can leave you unable to actively participate in activities you once enjoyed. That can impact your mental well-being.

Common Causes of Car Accidents

Car accidents cause a significant number of accidents each year, as many drivers fall victim to careless errors. These errors make the roads unsafe places. Many road crashes are caused by human error. Keeping these common causes in mind can help you prevent a traumatic and unexpected collision in the future.

Distracted Driving

Distracted driving is among the top causes of car accidents in the U.S. All actions that take your eyes off the road, such as eating, drinking, and utilizing your smartphone are a recipe for disaster.

Many drivers think nothing can happen in a few seconds, or that they’re capable of focusing on more than one task. Sadly, that’s not the truth. Distracted drivers in Staten Island cause many accidents every year.

Driving Under the Influence

Drugs and alcohol are not beneficial behind the wheel. They can impair your ability to drive safely while exercising caution, and your reaction time may be much longer. Reacting to obstacles, road hazards, or your surroundings becomes an impossible task when these substances make you unable to focus.

If you spot a drunk driver, keep your distance and pull to the side of the road as soon as possible. Their behavior is unpredictable, and they could hit your vehicle in an unconventional manner. Don’t confront them or overtake them, as it could result in fines and smaller compensation if you can be considered partly responsible.

Speeding

Speeding is one of the most dangerous acts to commit when behind a wheel, but this doesn’t stop it from being common. Many Staten Island drivers have exceeded the speed limit, but those speeds make accidents more dangerous. You may have been more seriously injured if a driver was speeding.

Aggressive Driving

Even when situations get particularly stressful due to slow drivers and heavy traffic, one should never let their emotions cloud their judgment. Reckless driving doubles your chances of crashing into another vehicle, and the at-fault party must also compensate all victims. If you’re struck by an aggressive driver, talk to your Staten Island crash lawyer for help.

Unfavorable Weather

Poor weather can influence your visibility and impact your vehicle’s performance. While it’s true that you can’t file a Staten Island personal injury claim against nature, drivers who are on the road when it’s raining or while a dense fog is present are expected to exercise a higher degree of caution.

What Does Comparative Negligence Mean for My Staten Island Accident Claim?

You’re probably wondering what happens to your Staten Island claim if you’re considered partly at fault after engaging in one of these behaviors. Many victims are convinced that they can’t be compensated at all if they bear any responsibility for the events that transpired, but that’s not how negligence laws work in Staten Island.

Your case is subject to comparative negligence laws, which means you can still be awarded damages. Your settlement will be reduced according to the percentage of fault that can be attributed to you. For example, if your compensation amounts to $100,000 but you’re found to be 20 percent at fault, you’ll still receive $80,000.

Proving the other Staten Island driver was negligent while defending yourself from being accused of the same thing can be a daunting process. An individual without extensive knowledge of the law can feel overwhelmed. It’s best to let an attorney handle this procedure on your behalf.

How Do I Help My Staten Island Car Accident Claim Succeed?

Every Staten Island car accident claim is made of small steps that need to be performed correctly. What may appear like a simple mistake could be used against you, as the at-fault party won’t hesitate to use anything to diminish your case’s value. To build a strong claim, you need evidence that can support your point of view and prove liability.

This step is fundamental if you want to increase your chances of a successful Staten Island accident claim. If you were unable to do so, you can always ask your attorney for help. They’ll conduct an investigation and connect with experts that can provide the information needed for an effective claim.

The Most Dangerous Roads to Travel in Staten Island

It’s an unfortunate fact that hundreds of car accidents happen daily throughout New York. The injuries can range from a fender bender to a severe accident causing major injuries and prolonged hospital stays with a lengthy recovery. Some roads and intersections in Staten Island are also more dangerous to travel on than others.

Though the rate of accidents in Staten Island is lower than in their neighboring boroughs, they increase in numbers in certain areas. Statistically, vehicle collisions are more common than accidents involving bicyclists and pedestrians. If you are traveling on any of these roads you need to take caution as they can be difficult to navigate:

Forest Avenue
Port Richmond Avenue
Victory Boulevard
New Dorp Lane
Richmond Avenue
Hylan Boulevard

Of all of the roadways listed above, the highest number of accidents have been reported on the intersection of New Dorp Lane and Hylan Boulevard. The benefit of connecting with a local attorney is that we know the area and we have the resources and knowledge available to ensure your claim’s success. As Staten Island attorneys, we know and travel these roads ourselves, and we know how to help when the worst-case scenario happens.

Let a Staten Island Car Accident Attorney Help You

If you’ve been hurt in a Staten Island car accident, don’t wait before seeking legal guidance. You need to move ahead while gathering the evidence needed to win, and there’s no better help than a professional with extensive knowledge of the law. At Kuharski, Levitz & Giovinazzo, Esq., we believe in making things right and providing our victims with the best compensation available.

Our team of experienced Staten Island accident lawyers is ready to defend you. Whether you were partly responsible or need a settlement that can improve your quality of life, we know how to proceed. Get started today by giving us a call at 718-448-1600 or by completing the online contact form to schedule your no-cost case evaluation.

Staten Island Car Accident FAQ

If you have questions about your claim, you’re not alone—Staten Island car accident claims can get complex quickly, and you may struggle to find the answers you need.

That’s where our Staten Island attorneys come in. If you’re seeking answers to your biggest questions, contact our team, and in the meantime, check out our list of the most commonly-asked questions.

What does no-fault car insurance mean for my claim?

No-fault car insurance covers Staten Island drivers for minor accidents regardless of fault. To have grounds for a lawsuit, your accident will need to exceed the serious injury threshold, which is $50,000, or a serious injury, like a broken bone. Talk to your lawyer if you believe you’re not covered, or if the insurance company is lowballing your settlement.

Can I still sue if I was a passenger in the car?

Drivers aren’t the only ones who can be hurt. As a passenger, you may need to sue to get the coverage you need for your injuries. Your lawyer can help you determine which driver was at fault, what your claim is due, and how to file your Staten Island car accident claim as a passenger.

How much is my Staten Island car accident claim worth?

Calculating a claim can be difficult without determining the damages you’ve suffered. Fortunately, your car accident lawyer in Staten Island can help. Your lawyer will review the receipts for your expenses and the intangible suffering you’ve experienced to determine what you’re due.

What if my accident involved a rideshare driver?

Many Staten Island drivers also work for rideshare companies, and unfortunately, they’re just as susceptible to an accident. Fortunately, you may have grounds for action. While it can be difficult to hold the rideshare company liable, drivers are required to carry commercial driver insurance and should have coverage that covers their losses.

I was hit by a government vehicle. Who’s liable for my injuries?

When you’re hurt by someone acting in the scope of their employment, their employers are typically the ones at fault. That gets complex when the person works for the government. Your claim may be subject to rules on suing a government entity. Your Staten Island accident lawyer can help you follow these statutes and get the compensation you’re due.

Citations

NYC Car Accident Statistics In 2024, Forbes
https://www.forbes.com/advisor/legal/nyc-car-accident-statistics/

Staten Island’s 10 deadliest intersections, SILive.com
https://www.silive.com/news/2016/10/staten_islands_10_deadliest_in.html