After losing a loved one in a fatal crash, you may have no idea what to do or where to turn. Now is when you should explore your rights and speak to a New York fatal car accident lawyer. Hecht, Kleeger & Damashek P.C. is here to help.
Fatal Car Accidents in NYC
According to the NYC Vision Zero project, more than 250 fatalities are due to motor vehicle accidents each year. The New York City Police Department reports that the majority of fatal crashes occur in Queens (nearly 45%), with the Bronx (23%) and Brooklyn (22%) also having a lot of deadly crashes. The other boroughs of New York City have single-digit percentages.
The majority of those accidents happen between 9 p.m. and 3 a.m. (32%). Nearly 15% occur between 6 p.m. and 9 p.m., and 14% of crashes happen between 3 a.m. and 6 a.m. That means that approximately 61% of all car accidents in New York City happen during nighttime hours. Only 39% occur during the day.
Common Causes of Fatal Car Accidents
Human error due to driver negligence causes most car accidents.
Negligence is a legal concept indicating that the driver had a legal duty and failed to uphold it. In a personal injury lawsuit, the claim is that the driver’s negligence caused the victim’s death and other financial losses.
Some negligent actions that cause fatal accidents in NYC include:
- Distracted driving
- Speeding
- Drunk driving
- Following too closely
- Failure to yield right of way
- Unsafe passing
- Unsafe lane changing
- Backing up unsafely
- Driver inexperience
- Disregard of traffic signs and signals
- Vehicle malfunction and defects
Who Is Liable for Fatal Car Accidents?
In most cases, the at-fault driver and their insurance company are liable for the damages in a fatal car crash. However, there are situations where others may also be to blame.
When more than one party may be responsible, it’s important to name them all. If you fail to name a responsible party, you may forfeit your eligibility for the maximum amount of compensation possible.
In some situations, the following people and companies may be held liable after a fatal crash:
- The employer of the at-fault driver
- The owner of the vehicle
- A mechanic
- A parts manufacturer
Car Accidents
NYC Fatal Car Accident FAQs
1. What Is a Wrongful Death?
Wrongful death is a fatality that results from negligence, recklessness, intentional, or wrongful acts. A fatal car crash is almost always a wrongful death.
2. Who Can File a Car Accident Wrongful Death Claim?
The personal representative of a fatal car crash victim’s estate can file a wrongful death claim against the at-fault parties. When money is recovered, damages may be given to any “immediate family members.” Under New York Law, immediate family members include spouses, children, parents, and grandchildren.
3. How Long Do I Have to File a Lawsuit?
You should act fast after a fatal car accident because you must file a lawsuit before the statute of limitations expires. A statute of limitations is a deadline within with a claim must be filled. In New York, that deadline is two years from the
date of the fatality.
How Much Is a Fatal Car Accident Worth?
After a fatal car accident, the victim’s family can get money to cover many different types of damages. Those damages include any money paid by the estate of the victim and any expenses incurred by the family.
Hecht, Kleeger & Damashek P.C. can help you recover:
- Medical expenses before the death of your loved one
- Loss of inheritance
- Lost wages that would have been earned
- Burial and funeral expenses
- Loss of family relationships
- Pain and suffering
We know money cannot bring back your loved one or make everything better. The goal of our New York deadly car accident lawyers is to help you get enough money to move forward with life after this tragedy.
Call HKD for Help
At Hecht, Kleeger & Damashek P.C., our New York City car accident attorneys have worked with countless families who have lost a loved one in a devastating car accident. We know the pain you are experiencing, and we are here to help. Let us listen and explain your legal options.
Call HKD today at 212-490-5700 or use the contact form for a free consultation. There’s no fee unless we win.
CLIENT REVIEWS
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
5
Michael R., HKD CLIENT