MINEOLA, LONG ISLAND CAR ACCIDENT LAWYERS
Nassau County firm seeks compensation for victims of auto accident injuries
The aftermath of a motor vehicle collision can be deeply disruptive, affecting victims and their families for years. At The Law Office of Frank J. Cassisi, P.C. in Mineola, our attorneys draw upon more than 70 years of combined experience to pursue payment for injured New York drivers, passengers and pedestrians. We work zealously to win you fair compensation for the harm you experience as a result of the crash. In litigation and settlement negotiations, we assert your right to recover damages for your medical bills, lost income and pain and suffering.
Why should I hire a personal injury lawyer after my Long Island car accident?
Even if you have a worthy legal claim, securing the compensation you deserve can be a challenge without a strong attorney by your side. Insurance companies often look to take advantage of victims who are already dealing with physical and financial challenges stemming from the accident. One method they use is to try to shift liability to victims such as yourself. Our firm can relieve your stress and increase the likelihood of a favorable result by handling the necessary legal tasks, retaining experts when necessary and countering the defenses raised by negligent drivers and their insurers.
Where do car accidents happen most often on Long Island?
Nassau and Suffolk counties have numerous crisscrossing busy roads, giving rise to car, truck, motorcycle, bicycle and pedestrian collisions. There were 41,862 motor vehicle-related accidents in Nassau during 2020, raking only behind Suffolk within the state. Dangerous Long Island intersections and roads noted by the Tri-State Transportation Campaign report include:
- Jericho Turnpike / State Route 25
- Old Country Road and Wantagh Parkway
- North County Road / State Route 25A
- Roslyn Road & Long Island Expressway South Service Road
- New York Avenue / State Route 110
- Hempstead Turnpike and Wantagh Parkway
- Round Swamp Road and Northern State Parkway
- Lakeview Road and Marcus Avenue and Northern State Parkway
- New Hyde Park Road and Northern State Parkway
- Montauk Highway
- Route 24 Hempstead Turnpike
- Route 27 Sunrise Highway, Montauk Point State Highway and County Road 39
- Merrick Road
- Route 27 Sunrise Highway
- Wicks Road
Whether you were hurt at one of these locations or somewhere else, we will work diligently to achieve justice for you through a verdict or settlement.
Major causes of vehicle collisions
Over the course of a year in Nassau County, about 10,000 people sustain auto accident injuries serious enough to require emergency-room treatment and about 1,000 are hospitalized. Crashes can be caused by all kinds of negligence, including:
- Distracted driving — Texting, eating and rummaging for a loose item are among the unsafe behaviors that can take a driver’s attention from the road.
- Impaired operation — Drugs or alcohol can inhibit a driver’s mental and physical capacities. A driver may be impaired at the time of the accident even if their blood alcohol content (BAC) does not exceed the legal limit.
- Speeding — Excessive speed makes it more difficult to avoid an accident and increases the potential severity of injuries. The faster a vehicle is moving at the time of an impact, the greater the destruction it can cause. Tire tracks, speed cameras and accident reconstruction experts may help prove that a driver was going too fast.
- Weather conditions — Driving when visibility is poor or on slick roads requires extra caution. A motorist who fails to account for bad weather conditions could become a danger to others.
- Mechanical failure — Whether due to a defective part or improper maintenance, an instance of mechanical failure in a vehicle can trigger a major crash.
Car accident injuries can range from minor scrapes and bruises to major, life-altering medical conditions and even death. A victim may be left with a traumatic brain injury, spinal damage, broken bones, burns, internal injuries, significant scarring or other lasting effects. Our firm works to assist these individuals in a full range of vehicle collision claims, including truck accident litigation, which often involves severe injuries and multiple defendants.
Fault and liability in auto accident litigation under New York law
Under New York’s no-fault system of insurance, a driver who is hurt in an auto accident must first seek compensation for necessary medical costs by filing a claim with their own auto insurance carrier. However, if you suffered a serious injury and incurred expenses that exceed the $50,000 personal injury protection (PIP) level, you have the right to pursue recovery directly from the at-fault driver. This is where it is critical to retain a proven injury attorney who can hold the motorist who caused your crash accountable.
Police reports, witness testimony and camera footage can help to paint a clear picture of how an accident occurred and who was responsible. In New York, a driver or another party is financially liable according to their percentage of fault. So if a driver is held to be 75 percent at-fault for your accident, they would be ordered to pay 75 percent of your accident-related damages.
Elements that must be proven in an auto accident negligence lawsuit
If an appropriate settlement cannot be reached, the following four elements must be proven to win damages at trial:
- The defendant driver owed you a duty of reasonable care
- They breached their duty by acting unreasonably
- Their unreasonable actions caused your injuries
- You suffered damages as a result
The statute of limitations for filing a personal injury claim in New York is three years, so it is best to speak to a lawyer as soon as possible. As soon as you retain us as your counsel, we will begin a thorough investigation of your accident and start assembling the evidence needed to prove your claim.
Recovering damages after a car accident on Long Island
After successfully establishing another party’s fault and liability, you may be awarded various types of damages, such as payment for:
- Medical expenses — This may include reimbursement for hospital bills, cost of ambulance transportation, follow-up treatments, and other related medical care that exceeds the $50,000 provided by your PIP policy.
- Future medical costs — Some auto accidents can have lifelong effects and lead to lasting injuries. You may be eligible to receive compensation to cover expected future healthcare costs.
- Rehabilitation costs — Recovering from a car crash can take time and sometimes require extensive physical rehabilitation. Accordingly, these expenses are compensable in a personal injury claim.
- Additional lost wages not covered by your PIP policy — If you’re forced out of work due to your accident injuries, you can pursue reimbursement of your lost income from the at-fault driver once the PIP limit is exceeded.
- Future lost wages — With more serious injuries, you may be required to miss more work in the future. Your attorney can pursue compensation to cover your decreased ability to earn income in the years ahead.
- Other expenses — You could be awarded reimbursement for home modifications, such as wheelchair ramps or handrails. Travel expenses associated with doctor’s appointments are also recoverable.
- Non-economic damages — Some harm stemming from an auto accident cannot be quantified by a medical bill or missed paycheck. You can also collect payment for to address your pain and suffering and the effect that an accident-related disfigurement has on your ability to enjoy life.
- Punitive damages – In some extreme cases involving extreme negligence, malice, or outrageous behavior, a court may award punitive damages.
Regardless of the specific circumstances, we will investigate the facts thoroughly to find all potentially liable defendants. From there, our lawyers will make every legal effort to maximize your financial recovery.
Contact a skilled Long Island auto accident attorney for a free consultation
Located in Mineola, the Law Office of Frank J. Cassisi, P.C. represents auto accident victims from Long Island and New York City, as well as Rockland and Westchester counties. To schedule a free consultation, please call 516-294-5050 or contact us online.
Rear-end Collision Lawyer Helps Victims in Long Island
When you have been in any kind of vehicle collision, seeking legal help is a good idea. This especially rings true for rear-end collisions. A rear-end collision lawyer can help you understand who is at fault according to New York law and if there is any opportunity for compensation. The Law Office of Frank J. Cassisi, P.C. in Mineola are here to assist you if you have been in a car accident in Long Island.
Benefit from more than 40 years of experience when you work with a dedicated and seasoned rear-end collision lawyer from our office.
Understanding Who is At Fault with the Help of a Long Island Car Accident Lawyer
As stated by the courts of New York, it is generally assumed that when a stopped or slowing vehicle is hit from behind by another vehicle, the vehicle that strikes the stopped or slowing vehicle is at fault. The driver behind the wheel of the striking vehicle is also presumed to be negligent.
Further, that driver is liable financially for any damages incurred. All of this is what is known as a legal presumption, but it can be overturned with evidence. This is why it is a great benefit to have rear-end accident legal help readily available.
What are the Prevailing Causes of Rear-end Collisions?
While the majority of rear-end collisions are entirely avoidable, they are quite common. In fact, as many as 1.7 million rear-end collisions occur on U.S. roadways annually.
Common causes of these rear-end crashes are:
- Distracted driving
- Speeding
- Failure to maintain a safe driving distance
- Mechanical problems in either vehicle
- Dangerous road or weather conditions
Is the Striking Vehicle Ever Not At Fault in a Rear-end Collision in Long Island?
There seems to always be an exception to the rule, and this rings true for rear-end crashes as well. When the striking vehicle is not at fault, it is called a non-negligent collision. As any knowledgeable rear-end collision lawyer would explain, the courts have created a very narrow definition of non-negligent rear-end collisions.
In Long Island and all of New York, the law states that all drivers must keep a safe distance between their vehicle and any in front of them. The few unique situations where the striking vehicle can claim that a shorter following distance (which then led to the rear-end crash) was necessary can include:
- There was a need to speed up to avoid harm, such as another vehicle suddenly veering into the striking vehicle’s lane.
- The vehicle that was struck cut off the striking vehicle before stopping suddenly.
- An emergency in the road (such as a rockslide) resulted in the striking vehicle needing to suddenly increase in speed.
- Any other emergency situation unforeseen by the driver of the striking vehicle occurred.
What Happens in the Event of a Multi-car Pileup?
New York has more multi-care pileups than the majority of other states. Also known as “chain link” accidents, these follow the same rules as regular two-vehicle rear-end collisions. This means that the rear driver in the pileup will be liable for any damages incurred from the crash. The only notable difference in these collisions is that the other drivers may also be liable for their own negligence.
In a multi-car pileup it is possible that you could receive compensation if you were rear-ended due to the striking vehicle’s negligence, but also be found negligent if you were following too closely behind the vehicle you struck.
What is the Benefit of Hiring a Rear-end Collision Accident Attorney?
When you have rear-end accident legal representation, the chances of securing rear-end accident compensation can greatly increase. Unfortunately, even with a solid legal claim, insurance companies are inclined to take advantage of the stresses weighing on you in the situation. Your assigned rear-end crash lawyer will work to help you gain rear-end accident compensation.
Additionally, a rear-end collision attorney can assist you with understanding how other factors will affect the compensation you may receive. These factors can include:
- Medical history. Regardless of whether the striking driver was negligent, they are not liable for any medical conditions that existed prior to the rear-end collision, unless they caused an exacerbation and aggravation of those injuries.
- Intangible impressions. You and your witnesses will make an impression on insurance adjusters and juries during this process. These impressions will affect how trustworthy they deem you to be. Further, you will need to prove to them that any injuries or losses you incurred have impacted your life, and how.
- Economic loss. Perhaps the first factor that may come to mind, economic losses refer to any out-of-pocket costs that result from the rear-end crash. These can include medical bills, income loss, and of course property damage. The annual economic cost of crashes exceeds $340 billion across the U.S., according to the U.S. Department of Transportation.
- Non-monetary losses. These losses refer to any physical or emotional pain you suffer as a result of the collision, and how these factors affect your economic recovery.
The Steps Toward Getting Compensation with the Help of a Rear-end Collision Lawyer
If you have been injured in a rear-end crash, you may be able to seek significant financial compensation for the damages incurred. The process can become complicated, largely due to insurance companies working hard to avoid paying large settlements. Working with a rear-end accident attorney from The Law Office of Frank J. Cassisi, P.C., can greatly increase your chances of securing financial compensation.
Contact a Seasoned Rear-end Collision Lawyer and Take the Next Step Toward Compensation
The Law Office of Frank J. Cassisi, P.C. can provide you with rear-end accident help. If you or someone you know recently had a rear-end collision on Long Island, please do not hesitate to contact us at 516-294-5050. You may be able to seek more compensation than you initially realized.
Rear-end Collision Frequently Asked Questions
What is the rear-end accident law in New York?
The rear-end accident law states that generally the driver of the striking vehicle is responsible when a rear-end accident occurs in New York.
How would you describe a rear-end collision?
A rear-end collision occurs when one vehicle strikes the vehicle directly in front of them. These collisions are almost always the fault of the striking vehicle’s driver.
Am I always at fault for a rear-end collision?
No, the rear-striking driver is not always at fault. A rear-end collision lawyer can help you make a case if you believe you are not at fault.
Am I at fault if I hit a car in front of me because he slammed on his brakes very suddenly?
Often, the driver of the striking vehicle is still at fault even if the driver in front slammed on their brakes. This is due to the rear driver not maintaining a safe driving distance from the vehicle in front of them. When a safe distance is maintained, there is space to account for sudden breaking.