Areas Served Brooklyn Injury Law Firm Brooklyn Car Accident Lawyer

When you slide behind the wheel of your car in the morning, you probably don’t consider the possibility of being in an accident. Unfortunately, motor vehicle accidents happen every day in and around Kings County. In many cases, these crashes are caused by other drivers’ carelessness.

If you have been hurt in a car accident, you shouldn’t have to worry about fighting for compensation. Our law firm will take on the insurance company for you, working hard to get you money for your property damage, lost wages, medical bills, pain and suffering, and other losses. While you focus on your health, we will aggressively advocate for you and your right to full and fair compensation.

The O’Connor Law Firm represents injury victims throughout Kings County, including people who have been hurt in car accidents. We offer free initial consultations and never charge a fee unless we recover money for you.  Reach out today to schedule an appointment with a Brooklyn car accident attorney.

Automobile Accident Cases We Handle in Brooklyn

We help injured New Yorkers who have suffered injuries due to the carelessness of others in all of the following types of accidents:

• Car accidents
• Truck accidents
• Bus accidents
• Motorcycle crashes
• Uber or Lyft accidents
• Taxi accidents
• Bicycle accidents
• Pedestrian accidents

Your ability to recover maximum compensation for your injuries depends on your understanding of your legal rights after an accident. At The O’Connor Law Firm, we pride ourselves in educating injured New Yorkers about their specific type of accident so that they can make informed decisions. Contact us today at 866-927-3809 and let us help you understand your rights. All initial consultations with a Brooklyn car accident lawyer are free.

How Common Are Car Crashes in Brooklyn?

According to data from the NYPD, there were 2,491 traffic accidents in Brooklyn in January 2024 alone. In these crashes, 1,342 people were injured and 8 people were killed, including motorists, passengers, pedestrians, and cyclists. If these numbers stay consistent throughout the year, then there may be as many as 30,000 motor vehicle collisions in Brooklyn in 2024.

The New York Department of Health reports that here in Kings County, motor vehicle accidents are a leading cause of death and injury. Between 2012 and 2014, an average of 8 Kings County residents died, 100 Kings County residents were hospitalized, and 1,294 Kings County residents were treated in an emergency room due to traffic accidents. These numbers demonstrate the scope of the problem – and just how common car accidents are in Brooklyn.

Car crashes are caused by several factors. In Brooklyn, some of the most frequent reasons for motor vehicle accidents include:

• Driver inattention/distraction (including texting while driving)
• Failure to yield the right of way
• Following too closely
• Improper passing or lane usage 
• Speeding
• Backing up unsafely
• Driver inexperience
• Driving under the influence of alcohol and/or drugs
• Running red lights or stop signs
• Improper turns

If another driver is responsible for your motor vehicle accident, you may be able to seek financial compensation for your losses. A knowledgeable Brooklyn car accident lawyer can help you get the money that you deserve for your losses, starting with a free initial consultation with a member of our legal team.

How Our Experienced Brooklyn Car Accident Attorneys Can Help You

Car accidents can be incredibly traumatic. Even if you didn’t suffer serious injuries, you may still be dealing with pain, trauma, and financial insecurity.  Our skilled Brooklyn personal injury lawyers will fight for you so that you can spend your time and energy on what is truly important: your health and well-being.

The process starts with a free initial consultation. During this meeting, you will get a chance to explain what happened. Our lawyers will listen to your story and offer you legal advice about your options for moving forward with a claim.

If you decide to hire our law firm, we will get to work right away to:

• Investigate the underlying cause(s) of the crash, which may include interviewing witnesses, reviewing police reports, securing videos and photos of the accident, and more.
• Identify any part that may be responsible for the accident so that they can be held liable. This may include other drivers, a government agency that failed to maintain the road properly, or even the manufacturer of a faulty car part.
• Consult with experts to better understand how the accident occurred, who may be responsible, and what your recovery may look like.
• Research New York law to build a strong legal case for compensation.

Once our investigation is complete, we will draft a demand letter to the at-fault driver’s insurance company. This letter includes three key elements: (1) a description of the accident; (2) the legal reasons that their insured is responsible; and (3) a demand for damages (compensation). 

Most personal injury claims are resolved outside of court. Our Brooklyn car accident lawyers will aggressively negotiate with the insurance company, working hard to get you the money that you deserve. We will handle all communications with the insurance company and other parties, allowing you to focus on your recovery.

If the insurance company won’t offer you a fair settlement, we will take the case to court to get you top dollar for your injuries. In trial, we will make arguments, introduce evidence, and question witnesses before asking the jury to return a verdict in your favor. Throughout the process, we will keep you updated and advise you on what to expect.

Getting Compensation in a New York Car Accident Claim

Car accident cases are most often based on a theory of negligence, which is a type of carelessness. In some cases, a person’s intentional or reckless conduct (like drunk driving) can be the reason for a car crash. If you can prove that someone else was responsible for your car accident and resulting injuries, then you can pursue financial compensation for your losses.

Compensation in a New York car accident case is divided into three types of damages: economic, non-economic, and punitive. Economic and non-economic are compensatory damages because they compensate an accident victim for their losses. Punitive damages punish a person who acted intentionally or recklessly.

Economic damages may include money for things like property damage, lost wages, reduced earning capacity, medical bills, and future medical treatment. Non-economic damages cover intangible losses, such as pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress. Punitive damages may be awarded by a jury if they find that the at-fault driver was reckless or acted intentionally.

Importantly, New York is a “no-fault” insurance state.  In a no-fault state, you are required to carry your own car insurance. After a motor vehicle accident, your car insurance policy will cover certain expenses up to a certain limit. If you suffered a serious injury, then you can file a claim against the other driver to recover financial compensation through their liability insurance.

If you have been hurt in any type of motor vehicle accident in Kings County, don’t settle for the insurance company’s lowball settlement offer. Our law offices will work with you to help you get maximum compensation for your injuries.

Steps to Take After a Brooklyn Car Accident

Whether you have suffered injuries on some of Brooklyn’s most dangerous roads like Jay Street or Atlantic Avenue, or you were injured on a side street or alley, you deserve justice. To help you get there, you should follow these steps after a car crash in Brooklyn.

CALL 911

Even if the accident or your injuries were minor, calling 911 sends the police to the scene. The police will speak with witnesses and with both drivers. They will compile their information in a police report. This report may not assign fault, but it will help your legal representative hold the negligent party responsible for your accident and injuries.

SEEK MEDICAL ATTENTION

If your injuries are severe, calling 911 will allow emergency medical personnel the opportunity to evaluate you. They may determine that you need additional care and will take you to the hospital. Even after your initial review, see your regular doctor. No one knows you better and they will be able to help you chart a course for recovery. Additionally, their notes about how your injuries have affected your life will also be helpful in your personal injury claim.

TAKE PICTURES AND SPEAK WITH WITNESSES

We all carry our phones with us wherever we go. Make sure you use that technology to take pictures and videos of the accident scene, your injuries, as well as any damage to the vehicles involved. You also want to speak with witnesses. Many witnesses will not wait around for the police to arrive, so you at least want to get their contact information. Your legal team will want to speak with any witnesses to your accident, as they can often shed light on important facts about the seconds leading up to your crash.

KEEP A JOURNAL

Over time, you will not remember every obstacle and hurdle you faced on your road to recovery. But this is important information and can help show what you had to endure to get back to your regular life. These details may be able to increase the amount of compensation you receive for your injuries.

How Can I Afford to Hire a Lawyer for My Brooklyn Car Accident Case?

Personal injury law firms handle car accident cases on a contingency fee basis. This means that you pay nothing upfront, and you only pay an attorney’s fee if they recover money for you. If you receive a settlement or win at trial, then your attorney will be paid a percentage of your total recovery in accordance with your contingency fee agreement.

Contingency fees make it possible for anyone to afford a Brooklyn car accident lawyer – even if you don’t have lots of extra cash on hand. You can learn more about your rights and your options during a free initial consultation about your claim. Reach out to The O’Connor Law Firm today to schedule a case evaluation.

What Happens If I Was in an Accident with a Hit and Run Driver?

If you were injured in a Brooklyn hit and run accident, you may obtain no-fault benefits through your own car insurance policy.  If you suffered serious injuries as a result of a hit and run driver you may also be entitled to compensation for noneconomic loss such as pain and suffering. New York requires all car insurance policies to include uninsured motorist coverage (UM), and also offer underinsured motorist coverage (UIM). 

These UM/UIM riders are a way that you can get compensation from your own insurance company if you are in a car accident with a driver who either doesn’t have insurance or doesn’t have enough insurance to cover your losses. It can be used in hit-and-run accidents because the unknown driver is treated like an uninsured motorist.

If you do not own a car but a family member you live with owns a vehicle, you may file a hit and run UM claim under their car insurance policy.  

If you are a pedestrian injured by a hit and run driver or an uninsured driver you can still receive no-fault benefits and potentially recover for bodily injuries through New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC).

In order to qualify for MVAIC coverage, you must satisfy very strict requirements and deadlines, including proving physical contact with an uninsured vehicle and reporting the accident to the police within 24 hours of the accident. Additional requirements and filing deadlines can be found at the MVAIC website. 

Although you file this type of claim with your own insurance company or MVAIC, it is still important to hire a Brooklyn car accident lawyer. Insurance companies are notorious for finding ways to deny claims – even from their own insureds. If you have been injured in a hit-and-run accident, call The O’Connor Law Firm and get the help you need.

The Car Accident Lawsuit Process

If you were involved in a collision, you may be curious about what your rights are – and what will happen if you decide to file a claim against the at-fault driver’s insurance company. As an initial matter, it is important that you do not give a statement to their insurance adjuster or sign any paperwork until after you have had a chance to talk to a Brooklyn car accident attorney. The insurance company is not looking out for your best interests, and anything that you say or do could be used to undermine your claim.

Most car accident cases start with a free initial consultation with a personal injury law firm. During this appointment, you’ll get a chance to tell your story. The attorney will listen to you, and then offer you legal advice on your rights and options for filing a claim.

If you decide to hire a law firm, they will get started right away with an investigation. This may include requesting an accident report from the police, locating and interviewing witnesses, speaking with expert witnesses, analyzing medical records, and reviewing photos and videos of the accident scene. At the same time, they will perform legal research to support your claim.

At this point, your lawyer will draft a demand letter to the at-fault driver’s insurance company. This letter will explain the facts of the case, the legal reason why the insured is responsible for the accident, and then make a demand for compensation (damages). In most cases, the insurance company will respond to the demand letter with a counteroffer. This begins the negotiation process.

The vast majority of car accident cases are resolved via settlement – sometimes without ever filing a formal lawsuit. In other words, while it is possible, it is unlikely that you will have to go to trial if you file a car accident claim. However, if the insurance company refuses to offer you a fair settlement, then your attorney may advise you that it is necessary to file a lawsuit.

Filing a lawsuit does not mean that you will have to go to court. Instead, it is an opportunity for the parties to continue negotiations while they prepare for trial. Having a skilled Brooklyn car accident attorney can often increase the likelihood that your case will settle because the insurance company will know that your lawyer is ready, willing, and able to take the case to trial – and win.

After the lawsuit has been filed and served on the defendant, they will have an opportunity to submit an answer. At this point, the pre-trial process begins. During this phase, the parties will file legal motions with the court. They will also engage in discovery, which is an exchange of information between the parties.

Discovery can take several different forms, including depositions, requests for production, requests for admissions, and interrogatories (questions). Your attorney will respond to written discovery requests, with your input, and will prepare you to testify in a deposition if necessary. They will also send discovery requests of their own to the defense.

During discovery, the parties often learn more about the strengths and weaknesses of their cases. This can also push the case closer to settlement. A seasoned Brooklyn car accident lawyer will use this time to build the strongest possible case for compensation.

Negotiations will typically continue up until the eve of the trial. In the rare event that a settlement cannot be achieved, then the case will go to trial. In court, your attorney will make arguments, introduce evidence, and question witnesses before asking the jury to return a verdict in your favor.

After the jury issues a verdict, there may be an opportunity for one or both sides to file an appeal. Your attorney can advise you of the rules regarding appeals in New York. If you were successful at trial and the defendant does not file an appeal, then you will receive a settlement check.

From start to finish, the process may take as little as a few months or more than a year. Generally, if the case goes to trial, it will take at least a year to resolve. Throughout the process, your attorney will keep you updated on the progress and consult with you about settlement offers. Working with an experienced lawyer is often the key to getting a top-dollar settlement as quickly as possible after filing a claim.

How Do I Win My Brooklyn Car Crash Case?

Personal injury lawsuits – including car accident cases – are usually based on a theory of negligence or carelessness. Negligence is a legal term that is usually defined as the failure to use the level of care that a reasonable person would use in a similar situation. 

According to data from the National Highway Traffic Safety Administration (NHTSA), the vast majority of motor vehicle accidents are caused by driver error. This typically takes the form of negligence, such as speeding, driving too fast for conditions, or failure to yield. If someone else’s negligence causes your auto accident, then you may be able to file a lawsuit against them.

To demonstrate negligence, you will have to prove four elements: duty, breach, causation, and damages.

• Duty: the at-fault driver (defendant) owed you a duty to use reasonable care.
• Breach: the defendant breached or violated that duty in some way.
• Causation: this violation was the but-for or proximate cause of your accident (i.e., but for the defendant running a red light, the accident would not have occurred).
• Damages: you (the plaintiff) suffered losses as a result.

In many cases, negligence is relatively straightforward. For example, if another vehicle rear-ends you, then it may be fairly easy to establish that they were at fault for the accident. However, there are many situations where proving negligence is not so simple.

This often occurs in multi-vehicle accidents, where it may be hard to pinpoint exactly whose negligence caused the pile-up. In other cases, you may have to prove that an accident was caused by poor road maintenance in a claim against a government entity responsible for maintaining the road.

There may also be times when the injury victim is partially at fault for the crash. Fortunately, New York follows the rule of comparative negligence. Under this law, you can still seek financial compensation from another driver even if you were somewhat to blame for the crash. Your total recovery will then be reduced by the percentage that you were found to be at fault for the accident.

Finally, some car accidents cannot be chalked up to mere carelessness. If a person acts intentionally or recklessly, then can be held accountable for any damages that they cause. For example, if a person gets behind the wheel after drinking or using drugs and causes a drunk driving accident, they will be responsible for the crash. In this situation, they may even be liable for additional damages – known as punitive damages – that are designed to punish them for their wrongful conduct.

In order to win a Brooklyn car crash case, it is not enough to simply prove duty, breach, and causation.  An injury victim in a car crash case must also prove damages. 

Under New York’s “serious injury” threshold law, not every injury qualifies for compensation.  In fact, you could lose a car crash case if your injury fails to satisfy the definition of a “serious injury” under the law. If you’ve been injured in a Brooklyn car accident you should contact an experienced Brooklyn car accident lawyer at The O’Connor Law Firm to determine whether your injuries qualify as a serious injury.  We can explain the law to you and help you understand how to prove a serious injury to give you the best chance to win your Brooklyn car crash case.

Hurt in a Brooklyn Car Accident? Call The O’Connor Law Firm Today

Car accidents can be really scary and traumatic for everyone involved. If you were hurt in a crash, you may be wondering what your rights are – and how you can get compensation for your injuries. Our law firm is here for you.

The O’Connor Law Firm fights for the rights of accident victims throughout Brooklyn. We offer free initial consultations and handle all cases on a contingency fee basis. To learn more or to schedule a free case evaluation, give us a call at (866) 963-1453 or fill out our online contact form.