Witnesses, particularly independent witnesses, meaning people that were not involved in the accident, are very important. Independent witnesses are considered very credible because they have no stake in the claim, or the lawsuit. What the independent witnesses say happened, and whose fault the accident was often goes a long way in proving who was at fault.
Other types of evidence that need to be collected are the damage to the cars, skid marks, tire marks, and any damage to any dividers or anything on the street that would show where the accident happened, and how it happened. This type of evidence is of particular importance in larger cases, where we may need to hire an accident reconstructionist to testify about exactly how the accident happened, and what speed the drivers were going, and the specific speed that they were going upon impact. All of the physical evidence, as well as witness statements, is crucial to the plaintiff’s personal injury case. It is important to hire counsel as soon as possible after the evidence so your attorney or investigator can obtain witness statements and preserve physical evidence.
What are the Elements That Determine the Viability of an Auto Accident Claim?
In New York, the viability of an accident has to do with the extent of the injury. As I mentioned before, certain injuries automatically meet the “serious injury threshold” under the insurance code. Those injuries range from fractures to dismemberment, to losing the function in a body part. There are a number of different criteria. Therefore, if you meet those criteria, the likelihood is that case has a good chance of settling. That assumes, of course, that we can prove that the other driver bears some responsibility for the collision. What makes a stronger case, obviously, is where it is a clear case of negligence on the other driver’s part.
The best example is probably a rear-end collision, where there is no argument that the injured party stopped short, and someone was not paying attention, and hit the other person in the rear. That type of case with substantial damage to their car, and a serious injury constitutes a strong case in New York.
Can Someone Handle an Auto Accident Claim Without an Experienced Attorney?
In almost all instances individuals are better served using an attorney than trying to handle it themselves. The insurance company for the other side is not your representative. They do not have the injured person’s best interest at heart. What they are trying to do when they call you to get a statement, or make a low-ball settlement offer, is to save their company money. They are not trying to make amends with you. They are trying to pay out the smallest amount possible. Insurance companies know that when an attorney is involved, the low ball offers are not going to resolve the case.
What Sets You Apart in Handling Auto Accident Claims?
Our White Plains car accident lawyers represent injured people. We look out for their best interests. We take over the burden of dealing with the insurance companies, and all the red tape that goes with it, so they can focus on getting better and healing from their injuries. Once we are retained, our clients can relax and focus on getting better. The stress of dealing with an injury is enough to handle. They can rest easy knowing we will handle the rest.