New Rochelle, NY Car Accident Lawyers
Our NYC car accident lawyers are here to help you recover
A serious car accident in New Rochelle can turn your life upside down in an instant. One moment you’re driving down Main Street or merging onto I-95, and the next, you’re dealing with painful injuries, expensive medical bills, and a long, uncertain recovery.
If you or someone you love was hurt in a crash caused by someone else’s reckless or careless behavior, you shouldn’t have to face the aftermath alone. The New Rochelle car accident attorneys at Giampa Law have spent decades fighting for people just like you.
Let us handle the legal side so you can focus on healing. Contact us today for a free consultation. We’re ready to stand up for your rights and fight for the full compensation you’re owed.
FAQs About New Rochelle Car Accidents
- What causes most car accidents in New Rochelle?
- What injuries can result from a car crash?
- Where do most New Rochelle car accidents occur?
- What should I do after a car accident in New Rochelle?
- Who pays for the damages after a crash?
- What types of damages can I recover after a car accident in New Rochelle?
- How long do I have to file a car accident lawsuit?
- Can I sue if I was a passenger?
- How long will it take to resolve my case?
- Do I need to go to court?
What causes most car accidents in New Rochelle?
Accidents in New Rochelle can happen anywhere – on I-95, along North Avenue, or even in residential neighborhoods. Common causes we see include:
- Distracted driving (texting, GPS use, eating)
- Speeding and aggressive driving
- Drunk or drug-impaired driving
- Failure to yield at intersections
- Tailgating and unsafe lane changes
- Fatigued driving
Even a so-called “fender bender” can leave you with serious injuries. Don’t dismiss your pain. If another driver was careless, you may be entitled to financial compensation.
What injuries can result from a car crash?
Car accident injuries range from minor cuts to life-changing trauma. At Giampa Law, we’ve helped clients recover from:
- Whiplash and soft tissue injuries
- Concussions and brain trauma
- Broken bones
- Back and spinal cord injuries
- Facial injuries and disfigurement
- Internal bleeding and organ damage
Some symptoms show up right away. Others may take days or even weeks to appear, especially soft tissue injuries, concussions, and internal injuries. That’s why it’s important to seek medical care immediately after a crash.
A doctor can evaluate you for hidden injuries and start treatment right away. Prompt documentation of your injuries also creates a medical record that will be important for any insurance claim or lawsuit.
Where do most New Rochelle car accidents occur?
While a car accident can occur anywhere, certain spots in New Rochelle have a reputation for frequent crashes. Busy intersections or road segments with high traffic volume and tricky layouts tend to see more car accidents, including:
- Main Street and North Avenue
- Pelham Road and Echo Avenue
- Lincoln Avenue and Memorial Highway
- Webster Avenue and Eastchester Road
- North Avenue and Beechmont Drive
Giampa Law is familiar with these and other dangerous locations in New Rochelle. Knowing the common crash sites can sometimes help our investigations and support your case. Our attorneys may also subpoena prior crash reports from the same location to show a pattern of issues, if relevant.
Of course, car accidents can and do happen anywhere in New Rochelle. No matter where your crash happened, we will dig into the details and gather the proof needed to show what went wrong.
What should I do after a car accident in New Rochelle?
The moments after a car accident are chaotic and stressful, but your actions in the aftermath can significantly impact your health and your ability to recover compensation. If you are involved in a crash in New Rochelle or anywhere Westchester County, try to follow these important steps:
- Call 911: Always report the crash to police and request an ambulance if anyone is hurt, as the official report will support your claim.
- Get medical help right away: Seek prompt medical care to ensure your injuries are treated and properly documented.
- Exchange information: Collect the other driver's contact, vehicle, and insurance details at the scene.
- Take photos and document the scene: Use your phone to capture the vehicles, damage, surroundings, and any visible injuries.
- Get witness contact details: Ask witnesses for their names, numbers, and a brief statement, and check for nearby security cameras.
- Don’t speak to the other driver’s insurance company: Avoid giving statements to the other driver’s insurance company. Instead, let your New Rochelle car accident lawyer handle all communications.
- Contact Giampa Law as soon as possible: Reach out to Giampa Law quickly so we can protect your rights and start building your case.
Who pays for the damages after a crash?
New York is a no-fault state. That means your own insurance (Personal Injury Protection, or PIP) covers your medical bills and lost wages up to a certain limit, regardless of who caused the crash.
However, many car accidents cause damages that go beyond what no-fault insurance covers. PIP doesn’t cover things like pain and suffering, and it has a finite limit (that $50k, which can be exceeded in a serious crash with hospitalization). That’s why New York law allows you to step outside the no-fault system and pursue a claim against the at-fault driver if you meet certain criteria.
Specifically, if your injuries reach the “serious injury threshold” defined by New York Insurance Law, you can file a third-party claim or lawsuit against the at-fault driver for all your damages beyond the basic economic losses.
We can evaluate whether your case qualifies to pursue a fault-based claim for full damages. If it does, we handle all aspects of that process, from filing the claim to negotiating with the at-fault driver’s insurance company, and suing if necessary.
What types of damages can I recover after a car accident in New Rochelle?
If you’ve been injured in a car accident due to someone else’s negligence, you are entitled to seek a range of damages intended to make you “whole” again. The exact damages depend on your case, but common categories include:
- Medical expenses
- Lost wages and income
- Property damage
- Pain and suffering
- Emotional distress and loss of enjoyment
- Scarring or disfigurement
- Miscellaneous out-of-pocket costs
- Loss of consortium
Our New Rochelle car accident attorneys can work closely with you and financial experts to catalog all your damages. We won’t let the insurance company overlook or undervalue any aspect of your losses. The goal is to get you compensation that covers everything from the tangible bills to the very real pain and life impact you’ve experienced.
How long do I have to file a car accident lawsuit?
New York sets strict time limits (known as the statute of limitations) on how long you have to file a lawsuit after a car accident. In most standard car accident cases (involving private individuals), you generally have three years from the date of the crash to file a personal injury lawsuit in New York’s civil courts.
This three-year deadline typically applies to claims for injuries and property damage arising from the car crash. However, there are some important exceptions and shorter deadlines in certain situations:
If your crash involved a government vehicle (such as a city bus, a police car, a sanitation truck, etc.) or you plan to bring a claim against a government entity for negligent road maintenance or design, the timeline is much shorter. New York law usually requires that you file a formal Notice of Claim within 90 days of the crash when suing a city, county, or state agency. After that, the deadline to file the actual lawsuit is often one year and 90 days from the accident (for suits against a city or county).
If a car accident tragically results in someone’s death and you are a family member pursuing a wrongful death lawsuit, New York’s time limit is two years from the date of death (which might be different from the accident date). Also, the personal representative of the deceased’s estate typically must be the one to file. We can assist families with navigating the estate process and meeting the deadline during such a difficult time.
Can I sue if I was a passenger?
Injured passengers have just as much right to compensation as drivers do. In fact, in many ways it can be more straightforward, since as a passenger you likely aren’t at fault for the crash. If you were hurt while riding as a passenger in a vehicle, you can typically pursue a claim to recover your damages.
As a passenger in New York, you are usually covered by PIP insurance of the vehicle you were in at the time of the crash. You can make a claim against whichever driver(s) were negligent and caused the accident. This could be the driver of the car you were in, another vehicle’s driver, or both.
We often hear passengers worry about pursuing a claim if the at-fault driver was a friend or relative (for example, you were riding with a friend who made a mistake). It’s important to remember that your claim would be against their insurance, not them personally (in almost all cases).
How long will it take to resolve my case?
The length of time it takes depends on the specifics of your case. Some car accident claims can settle in a matter of a few months, especially if liability is clear, your injuries have fully healed, and the insurance company is cooperative. However, more complicated cases can take longer, sometimes over a year or multiple years if a lawsuit and trial are necessary.
Our New Rochelle car accident lawyers know you want your compensation as soon as possible, but we won’t rush into a subpar settlement. We balance speed with maximizing your recovery. Early on, we’ll give you an estimate of a likely timeline and keep you updated as things progress. Rest assured, we move cases forward diligently and do everything we can to avoid unnecessary delays, while also not settling for less than you deserve.
Do I need to go to court?
Many car accident cases are settled out of court through negotiations with the insurance company. In fact, a large percentage of our cases resolve with a settlement before reaching trial. We’ll strive to get you a fair settlement without the need for a court trial, as that is usually faster and less stressful for you. However, we prepare every case as if it will go to court.
If the insurance company refuses to offer a fair amount that fully compensates you, we won’t hesitate to file a lawsuit on your behalf. Even after a lawsuit is filed, cases can still settle before the trial date (and many do, sometimes even on the courthouse steps). If your case does end up going all the way to trial, you can feel confident with Giampa Law because we’re experienced trial attorneys. We’ll walk you through the process, prep you for any testimony, and present a powerful case to the jury.
Contact our New Rochelle car accident lawyers for a free consultation
If you were hurt in a car accident in New Rochelle or anywhere in Westchester County, the team at Giampa Law is ready to help you get justice and maximum compensation. We’ve been fighting for crash victims across New York for decades and we know what it takes to hold negligent drivers and insurance companies accountable.
When you set up your free consultation, we’ll listen to what happened, answer your questions, and walk you through your legal options. There’s no pressure to move forward; just honest guidance so you can make the right decision for you and your family.
You won’t pay us anything upfront, and we don’t charge legal fees unless we win your case. That means you can get experienced legal help without worrying about cost. Contact us today to schedule your free case evaluation. Let us handle the legal fight while you focus on getting your life back.