What is "negligence?"
Negligence is a lack of ordinary care. It is a failure to use that degree of care that a reasonably prudent person would have used under the same circumstances. Negligence may arise from an act that a reasonably prudent person would not have done or, on the other hand, from failing to do an act that a reasonably prudent person would have done under the same circumstances.
What does it mean when a car accident is caused by "negligence"?
The law places on every person a responsibility to operate their vehicle with care. This law applies to the operation of any type of motor vehicle. A person's failure to operate a vehicle with reasonable care is called "negligence." Negligence while operating a motor vehicle can mean breaking the law, such as speeding, or it can mean failing to take proper precautions, such as seeing a road sign or failing to yield when required. If the negligent motor vehicle operation causes an injury to another person, the owner and operator of that vehicle can be liable for any damages caused by that negligence. Such damages include: medical expenses, pain, suffering, lost wages, loss income, and other damages arising from the accident.
Is it beneficial to investigate a motor vehicle accident shortly after it occurs?
Yes. The attorneys at Sobo & Sobo, L.L.P. have experience handling auto accident cases and have obtained large recoveries for automobile accident victims. Sometimes the facts of an auto accident case can be quickly secured by an experienced attorney and a prompt investigation.
What kinds of Motor Vehicle Insurance are there in New York State?
There are 3 kinds of insurance available for protection and compensation for personal injuries that are caused by a motor vehicle accident:
1. Motor Vehicle Liability Insurance
2. Uninsured/Under insured Motorist Protection
3. Personal Injury Protection
Does my motor vehicle liability insurance protect me if I am in an accident?
No, it protects the other vehicle involved in the accident. If you are at fault and cause injury to a another person, your liability insurance will pay for the damages caused to another person. New York State law requires that you have motor vehicle liability insurance in a minimum amount of $25,000.
What kind of insurance should I have to protect me and my family in case of a car-accident?
You should have uninsured & underinsured motorist protection. This is the insurance that protects you if you sustain injuries in a car accident that are caused by someone else's fault, and the other driver either has no insurance or does not have enough insurance to compensate you for your injuries. New York State law requires that every driver have only $25,000 of motorist liability insurance. Many, if not most, drivers only have only $25,000 of liability insurance. If you suffer any type of serious injury, $25,000 of insurance will not be enough. Also, many people violate the law and have NO insurance. The law permits you to waive this valuable Uninsured and Underinsured Motorist Protection. Our advice at Sobo & Sobo, L.L.P. is to be sure to pay the little extra for this insurance that will protect you and your family in the event of a car accident.
What is "No-Fault" insurance?
"No-Fault" insurance, or "Personal Injury Protection" (PIP) protects the insured even if the injuries are the fault of the insured and even if no one else is involved in the accident. No fault insurance provides benefits to victims of motor vehicle accidents to reimburse them for "basic economic loss." Briefly summarized, basic economic loss means all necessary doctor and hospital bills, 80% of lost earnings up to a maximum of $2,000 per month for up to three years following the accident, up to $25 per day for a period of one year following the accident for reasonable and necessary expenses the injured person may have incurred because of an injury sustained in the car accident (such as the cost of hiring a housekeeper or necessary transportation expenses to and from doctors), and a $2,000 death benefit, payable to the estate of a deceased person killed in an accident (this will be received in addition to other death benefits as described in the particular insurance policy).
