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Personal Injury & Medical Malpractice Blog

Tuesday, July 19, 2016

Hit and Run

After running a light and driving an expensive Porsche into two individuals, the culpable driver literally ran away, by foot, from the accident scene.  A person riding a bike, and two others operating vehicles had to be rushed to the hospital.  It was reported that the bicyclist endured a head and shoulder injury.  A pedestrian was also pronounced dead after sustaining severe head injury. 

Apparently, the driver’s vehicle sped across the sidewalk and then collided with a tree before striking the victims.  The driver made a statement purporting that the brake caused the increase in speed.  Yet, after fleeing the scene, the driver finally returned two hours after.  The passenger of the vehicle, who also fled, never returned.

THE IMPORTANCE OF AN ATTORNEY

With the ever increasing death toll on the rise in New York as a result of car accident fatalities, it is important to have an attorney to confide in and get answers.  Here, the driver’s bail was set at $200,000 at the arraignment proceeding.  If the driver is found guilty of “leaving the scene of a fatal accident,” she will be imprisoned for roughly seven years.  An attorney can help ensure that justice is served for all victims involved. 

This type of case would fall under the category of a personal injury suit.  

PERSONAL INJURY PROTECTION ("PIP")/"NO-FAULT' BENEFITS 

PIP, or No-Fault benefits, are separate from a lawsuit.  You may be eligible to apply for No-Fault benefits to make a claim for medical expenses and lost wages, but there is a time limit to make such a claim, so you must act fast.  

LAWSUIT 

There is a time-limit to file a personal injury lawsuit. The time limit to file a lawsuit may be drastically shorter in certain circumstances (for example, if a government/municipal vehicle--such as a city bus-- is involved, or if the vehicle is operated by a government employee).

Whether you are dealing with No-Fault benefits or a lawsuit, it is essential to have an attorney to determine what time limits are applicable.  Don't try to do this by yourself.

Sometimes fault is not clear-cut and both parties may have a percentage of culpability.  Your award may be reduced by your percentage of fault or liability.  Percentage of fault may be an issue for the jury. 

Nevertheless, any disputes regarding fault could also give the insurance company an excuse not to pay out.  Therefore, an attorney might save you the headache of trying to communicate with the insurance company and help facilitate an agreement.  Even worse, if the other driver does not have car insurance, you might experience even more difficulty obtaining compensation.  An attorney can discuss all of these issues and try to secure the proper remedial reward for your damages. 

If you have had the misfortune of being involved in an auto accident, contact me today!


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