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Reckless driving, also known as aggressive driving, refers to a set of behaviors wherein a driver operates a motor vehicle with disregard for the safety of others, such as excessive speeding, tailgating, and running red lights. All of these, as one might expect, can result in catastrophic accidents.  

If you have been in a collision in New York that involved a reckless driver, you need to familiarize yourself with your legal options. Below, you’ll learn more about what steps to consider.  

Understanding New York’s No-Fault Laws 

The State of New York enforces no-fault laws for traffic collisions. In other words, your first course of action after a car accident is to file a claim against your own insurance. As a New York driver, you are required to carry personal injury protection (PIP) insurance, which will kick into action if you’re injured in an accident, no matter whose fault it is.  

The problem with PIP insurance, however, is that it has limited coverage. It will address medical expenses and lost wages, but only up to the policy limit. It also won’t cover pain and suffering and other such non-economic damages.  

All of these details are to say that if you suffer a serious injury in a New York car crash, your PIP coverage won’t offer the assistance you need. It’s then that you may be able to step outside of the state’s no-fault laws and pursue a fault-based claim against the other party.  

Pursuing a Fault-Based Claim 

New York has a very specific definition of what a serious injury entails when it comes to traffic accidents. To be classified as one, a person’s harm must cause one of the following outcomes: 

• Dismemberment 
• Loss of a fetus 
• Fracture 
• Significant disfigurement 
• Permanent loss of a bodily function 
• Permanent consequential limitation to a bodily function 
• Significant limitation to a bodily function 
• A non-permanent medically-determined injury that limits the victim’s life 

If you suffer any of these (or your economic losses are higher than $50,000), you can file a claim against the other party as long as you can prove they were negligent.  

The concept of negligence refers to someone not behaving with the level of care that another party would have exercised in the same circumstances. And in order to prove that someone was negligent, you’ll have to show that they owed you a duty of care that they then breached.  

Car accidents easily establish a duty of care: Drivers owe others the responsibility to drive safely and lawfully. If another party was driving recklessly, they breached their duty of care. You will then need to show that their breach resulted in your injuries and that you can be compensated for them.  

Why Legal Representation Is Essential in Fault-Based Claims 

Hiring a personal injury lawyer to help guide you through a fault-based claim is always wise, especially if you’re dealing with catastrophic injuries. You need someone by your side who has experience investigating accidents like yours and gathering pertinent evidence to prove liability.  

In particular, one of the many benefits of working with an attorney is their access to expert witnesses, such as accident reconstructionists. These individuals can offer corroborating testimonies, which are crucial for establishing whether you contributed to the accident in any way. That’s because New York follows pure comparative negligence laws, which allow you to recover losses even if you were partly responsible for your injuries.  

You can, theoretically, be 99% responsible for the collision yet still recover losses. However, your compensation will be reduced by your percentage of fault. Understanding that, insurance companies will do everything they can to saddle you with more fault so that they don’t have to pay you what you deserve.  

With a lawyer assisting you, it’s easier to demonstrate how the accident occurred and to fight for fair compensation. They will know how to negotiate aggressively with insurance companies and will have a clear idea of the types of tactics insurers will try to minimize your claim. That knowledge allows them to continue negotiating until you’re able to recover your losses.  

Trust Experienced Car Accident Lawyers With Your Claim 

Whether you’re getting ready to file a no-fault or fault-based claim, having personal injury lawyers by your side can make the process much easier. You can expect a lot of pushback from insurers, so being able to rely on experienced representation can save you from significant stress.  

At Silberstein And Miklos, P.C., our team of New York car accident lawyers can help you understand and exercise your rights after an accident. We’ll assess your case and present the options we recommend for pursuing compensation that addresses all of your losses, all while you can focus on healing from your injuries while knowing your claim is in good hands.  

Remember to Ask4SAM after an accident. Contact our team to schedule a free consultation.