Some of the most serious car accidents happen because of speeding and aggressive driving. These accidents can leave you with severe injuries, which means high medical bills, pain and suffering, and maybe even disabilities.
Dealing with the aftermath of a car accident can be costly and overwhelming. A good personal injury lawyer can help you navigate the process and get you the compensation you need to cover the costs of an accident.
WHERE DOES CAR ACCIDENT COMPENSATION COME FROM?
New York has a no-fault insurance system, which means every car insurance policy must contain at least $50,000 in Personal Injury Protection, or PIP, benefits. PIP covers injuries the policyholder or their dependents suffer in a car accident, no matter who’s at fault.
PIP has limits, however. First, PIP will never pay out more than your $50,000 policy limit, unless you specifically selected a higher limit when you bought the policy. Second, PIP only covers what the law calls economic damages, which includes medical bills, lost work time, and physical therapy. PIP does not cover pain and suffering, disability, or emotional trauma, all of which are common in serious car accidents.
To be compensated for anything over the policy limit or anything outside of economic damages, you’ll need to sue the driver at fault.
SUING AN AGGRESSIVE DRIVER
Aggressive driving is a broad term that covers many different behaviors. It usually refers to speeding, but it can also include other behaviors like tailgating, unsignaled lane changes, failing to stop at stop signs, and more.
While all these behaviors are illegal and can lead to traffic tickets, that does not guarantee an aggressive driver will be found at fault for an accident in a personal injury lawsuit. New York uses a comparative fault model, which means the jury looks at each party’s fault and awards damages based on the percentage of fault.
Aggressive driving behaviors are evidence that a driver might be at fault for an accident, but they’re weighed against other evidence. A good personal injury lawyer can examine all the facts and put together the best case possible for the aggressive driver being at fault.
Most personal injury cases settle instead of going to trial. How much you can get in a settlement largely depends on how strong your case would have been at trial, so it’s worth consulting an attorney before trying to negotiate for a settlement.
Road rage is often considered a type of aggressive driving. Whether it comes in the form of running someone off the road or getting out of the car and assaulting someone, road rage drivers can cause serious injuries. However, when filing a suit against these drivers, it’s best to accuse them of negligent conduct rather than intentional violence because car insurance only covers accidents.
WHO SHOULD YOU CONTACT IF YOU’VE BEEN INJURED BY AN AGGRESSIVE DRIVER?
If you or a loved one have been injured by an aggressive driver, contact Rosenblum Law for a free consultation today. Our experienced personal injury lawyers will assess your case and find the best strategy to get you all the compensation you deserve.