Because car pinning accidents are often so severe, injuries sustained by victims tend to meet New York’s serious injury threshold. That said, the threshold still exists, so it is important for victims to understand what that means.
New York is a no-fault state for car accidents. This means that victims can only sue a negligent party if the injuries they sustained in a car accident are severe enough. According to I.S.C. Law § 5102(d), victims can sue for auto accidents that result in death, dismemberment, serious disfigurement, fractures, or loss of a fetus. Victims can also file lawsuits if a car pinning accident results in the permanent loss of use of a body organ, member, function, or system, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system. Finally, any injury that limits a victim’s ability to live normally for at least 90 of the first 180 days following a car pinning accident can warrant litigation in New York.
Suppose your injuries sustained in a car pinning accident do not meet argentina whatsapp number data New York’s definition of serious injury. In that case, you will have to file a claim with your personal injury protection insurance. That said, because car pinning accidents typically involve crushing injuries and other severe injuries, victims can often sue following such incidents.
How Do You Prove Liability for a Car Pinning Accident in New York?
Proving liability for a car pinning accident in New York is similar to proving liability in any other auto accident. Victims must submit evidence of a negligent party’s fault for their injuries and damages.
If you were injured in a car pinning accident in New York, there are several things you should do immediately. These include calling the police and seeking medical attention. In taking these steps, you will create documentation of your accident and proof of your injuries.
Your medical records can be used as evidence of liability in your car pinning claim. As can statements from experts and eyewitnesses. Your attorney can source other evidence, such as physical evidence from the scene, photographs, surveillance footage, and traffic camera footage, to prove a negligent party’s liability for your injuries.