Several New York laws are crucial when it comes to car accident cases:

• New York Insurance Law § 5102(d): Defines what constitutes a “serious injury” that allows an injured party to sue outside the no-fault system. Injuries must meet specific criteria, such as death, disfigurement, fracture, or loss of use of a body part, to qualify.
• New York Vehicle and Traffic Law § 1180: Governs speeding and reckless driving, two common causes of accidents. Violations of this statute can lead to criminal charges, fines, and points on a driver’s license.
• New York Vehicle and Traffic Law § 600(2): Addresses leaving the scene of an accident without reporting it, which is a criminal offense that can result in fines, license suspension, and even imprisonment depending on the severity of the accident and injuries involved.

Understanding these laws is critical, as they can have a significant impact on the outcome of both civil and criminal cases related to car accidents.

The penalties for car accidents in New York can vary depending on the circumstances, such as whether the accident involved reckless driving, speeding, or intoxication. Common penalties include:

• Fines and Points on License: Depending on the severity of traffic violations (e.g., speeding, running a red light), drivers can face fines and points added to their driving record.
• License Suspension or Revocation: Serious offenses, such as driving under the influence (DUI) or leaving the scene of an accident, can result in the suspension or revocation of your driver’s license.
• Criminal Charges: If the accident involved reckless driving, intoxication, or fatalities, criminal charges may be brought, which can lead to jail time, probation, and a criminal record.
• Civil Liability: In cases where the accident results in significant injury or property damage, the at-fault party can face a personal injury lawsuit, which could result in substantial compensation being awarded to the victim.

At Cimasi Law Office, we take an individualized approach to car accident defense. Some of the most effective strategies we may use include:

• Challenging Fault: In many car accidents, fault is disputed. We work to challenge the evidence presented by the other party, whether it’s based on witness statements, police reports, or accident reconstruction.
• Mitigating Circumstances: If there were mitigating circumstances that contributed to the accident—such as poor road conditions, weather, or the actions of other drivers—we will present this information to reduce your liability.
• Examining Procedural Violations: We review every detail of your case, from how evidence was collected to whether your rights were violated during the investigation. If law enforcement made errors in the investigation, we could move to suppress evidence, which could lead to a dismissal of charges.
• Negotiating Settlements: In many cases, it may be in your best interest to settle outside of court. We work closely with you to negotiate fair settlements that avoid the uncertainty of a trial and ensure you are not held responsible for damages beyond your liability.