When your life has been upended by a driver who failed to stay at the scene of a crash, you should contact an NYC hit-and-run lawyer to seek the compensation you deserve.
Hit-and-run cases are more complicated than the average car accident, as the at-fault drivers may be difficult to find. Without professional legal assistance, you may struggle to seek a financial award. Tucker Lawyers is ready to help you with filing your claim.
How Our NYC Hit-and-Run Accident Lawyers at Tucker Lawyers Can Help You
Our legal team has decades of experience and a proven track record of maximizing settlements. We can help by:
- Filing all paperwork in accordance with New York deadlines and court requirements.
- Attempting to track down the at-fault driver by interviewing witnesses, police officers, and first responders and gathering evidence from traffic cameras and reports from the authorities. We’ll even hire private investigators, if necessary.
- Negotiating with insurance companies and their attorneys. New York state has a no-fault insurance system that will pay for medical bills, lost wages, and other costs in road accident cases. If you cannot find the driver who hit you, or the driver has no insurance, you can turn to your own uninsured motorist coverage to pay for your pain and suffering; however, your insurance company will try to convince you to settle for the lowest amount possible.
- Building your case and arguing in front of a judge or jury if your case goes to trial.
Compensation Awards a Hit-and-Run Lawyer in NYC May Win
New York statute ISC 5102 allows you to file a lawsuit if you sustained a serious injury. The following items qualify as serious injuries:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system.
Another qualifier is a medically determined injury or impairment of a non-permanent nature that prevents the injured person from performing substantially all the material acts that constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
How Our Hit-and-Run Attorneys in NYC Prove Liability and Fault for the Accident
To win your hit-and-run lawsuit, our car accident lawyers will have to show that the defendant in the case was negligent (and therefore responsible for your injuries) in accordance with legal standards. There are four essential elements to this:
- The defendant had a duty of care not to harm you.
- The defendant breached that duty through some action or failure to act.
- This violation was directly related to the accident that caused your injuries.
- You suffered some harm as a result.
Financial Awards Our NYC Hit-and-Run Lawyers Will Try to Win for You
New York does not have a damages cap for personal injury cases. The more permanent and severe the injury (and the greater the resulting impact on your life), the higher the recovery may be.
Every case is different. Damages can range from thousands to millions, depending on individual circumstances. When estimating the value of your lawsuit, our attorneys will consider:
- The amount of your monetary losses
- The type and extent of your injuries
- Your physical condition before the accident
- Your family situation
- Your work situation (including whether you will be able to return to work and what your earning capacity would have been if the accident had not occurred)
- The conduct of the at-fault party.
Economic Damages
These cover your monetary losses, such as:
- Medical and rehabilitation bills
- Lost income (including lost future earning capacity)
- Property damage.
Noneconomic Damages
These are for damages that do not have a specific dollar value, such as:
- Pain and suffering
- Mental anguish and emotional distress
- Loss of consortium
- Loss of quality and enjoyment of life
- Disfigurement or permanent loss of limb.
Punitive Damages
Punitive damages (damages designed to punish defendants, rather than compensate plaintiffs) may sometimes be available. These are generally rare in car accident cases, as they’re reserved for cases involving intentional or grossly negligent wrongdoing. However, leaving the scene of an accident may sometimes satisfy this requirement, depending on other circumstances.
Common Questions Victims Have for Our Hit-and-Run Injury Accident Lawyers in New York City
When another driver hits you and flees the scene, it’s a frightening situation. You might focus primarily on hoping police officers can find the driver who hit you. However, it’s also important to start the process of seeking a financial claim under a personal injury lawsuit, which is separate from any criminal charges. Here are some of the most common questions our clients have for us after they suffer injuries in a hit-and-run case.
How long do I have to bring a claim?
The statute of limitations (the time within which a claim must be brought following the date of the accident) is three years for a personal injury claim. Wrongful death claims must be brought within two years of the date of death, not the date of the accident itself.
How will my medical bills be paid?
Whether you were the driver or a passenger, your medical bills will be paid for by the insurance company that covered the car you were in. However, you must file a no-fault application with the insurer within 30 days of the date of the accident; if you fail to do so, you will have waived your right to file the claim for benefits.
Is the hit-and-run driver always 100% at fault?
New York law follows the pure comparative negligence rule, which states that injured parties will receive compensation for their injuries in proportion to their percentage of contribution to the accident. For example, if a jury believes a claimant was 10% at fault, the other driver is responsible for paying 90% of the claimant’s damages.
How long will it take to settle my case?
Every case is different, but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our clients’ cases, reducing the time it generally takes to resolve disputes.
At Tucker Lawyers, we focus on keeping our clients informed from the start of the case to the conclusion. We take the time to answer any questions you have about how to file a hit-and-run claim in New York City, hoping to put your mind at ease about seeking financial damages. Our experience and tenacious attitude give us the edge when trying to help our clients receive the financial payments they deserve to have. You can focus on trying to regain your health when you hire us, because we focus fully on your injury claim.
How Our NYC Hit-and-Run Accident Lawyers Help Pedestrians and Cyclists
While using the road in New York is a potentially dangerous activity for everyone, those walking and using bicycles are at the greatest risk of serious injury.
Crosswalks
It’s important to remember that cars and other vehicles are legally obliged to stop for pedestrians at crosswalks. If there is a pedestrian traffic signal at a crosswalk, pedestrians are required to wait for the signal to switch to “Walk.” Otherwise, the pedestrian’s right of way is automatic.
In some cases, the motorist will have a green light at the same time the pedestrian has a “Walk” signal. Despite the green light, the pedestrian retains the right of way in this situation, and the motorist must wait for them to pass.
Dooring
“Dooring” occurs when a driver or passenger in a parked car opens the door into the path of an oncoming cyclist. The cyclist may be unable to stop or avoid the open door and can crash into it or be thrown onto the road or into traffic.
Because New York City is a crowded urban area with a lot of road users competing for space, dooring is common here. This is particularly true of areas of the city with a lot of bike lanes or just a lot of cyclists.
Call the New York City Hit-and-Run Attorneys at Tucker Lawyers Today
At Tucker Lawyers, we know how to obtain results for our clients. We encourage you to review our past results and client testimonials to gain a better feel for the legal services we provide. If you can’t come to one of our offices, we can come to you. We value our client relationships, and we take our role as advocates seriously.
We offer free initial assessments, and you are under no obligation to move forward with our firm if you don’t wish to do so. Our attorneys work on a contingency fee basis, so if we don’t win your case, we don’t get paid. Reach out to our law firm to speak to personal injury attorneys who will fight for the payment you deserve — call (516) 399-2364 today.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]