Manhattan Speeding Accident Lawyer

Manhattan Speeding Accident Lawyer
Manhattan Speeding Accident Lawyer

Few drivers likely do not drive faster than the posted speed limit, at least occasionally. For some, it’s a daily habit. Letting the speedometer needle creep up when in a hurry or tired of driving can be easy. However, driving over the speed limit or too fast for conditions is often dangerous, leading to accidents that result in injuries or fatalities.

If you sustained injuries in an accident caused by a speeding motorist, you deserve fair compensation for the full extent of damages received. Your personal injury protection coverage may not be sufficient. When an accident turns your life upside down, a Cellino Law Manhattan speeding accident lawyer is here to help you make it right. We support you throughout the process, allowing you to focus on recovery and getting your life back on track.

What Do You Need To Know About Speeding Accidents?

In 2019, speeding contributed to traffic accidents that resulted in an estimated 326,000 injured people and 9,478 fatalities in the U.S. Traveling faster than posted limits is common across the country, in urban and rural areas. New York City is no exception.

Law enforcement issued 70,228 moving violation citations for speeding between January and June 2022 citywide, with 2,575 issued in Manhattan North and 1,709 in Manhattan South. During the same period, speeding contributed to 335 of the 8,541 traffic accidents in N.Y.C.

New York’s Speeding Penalties

The state imposes penalties for motorists driving faster than the speed limit. The law includes jail time for up to 15 or 30 days, depending on how fast the driver went, though the police don’t often impose the penalty. Fines for speeding are as follows:

  • A minimum of $45 and a maximum of $150 for inappropriate speeds or up to 10 m.p.h. over the speed limit
  • A minimum of $90 and a maximum of $300 for 11 to 30 m.p.h. over the limit
  • A minimum of $180 and a maximum of $600 for 31 m.p.h. over the posted speed and higher

In some circumstances, speeding is a misdemeanor criminal offense. New York doesn’t set the number of miles over the speed limit that automatically makes speeding a reckless driving crime. Instead, several factors come into play, including the danger speeding presents to others and road and weather conditions.

New York law stipulates that driving behavior that jeopardizes the safety of others or impedes others from freely using the roadway is reckless driving and a misdemeanor. Law enforcement officers use their professional judgment when determining whether to issue a reckless driving citation. Statements from the attending officers, speeding tickets and misdemeanor citations can all help you prove liability, but you need more evidence than that to support your claim.

Burden of Proof

Several factors can contribute to a car collision. Speeding may be the primary or one of a few in the same accident. Regardless, it’s up to you to establish that the speeding motorist’s negligent behavior caused or contributed to the crash that injured you.

The burden of proof rests with the claimant. A Manhattan speeding accident lawyer can help you gather the evidence you need to prove the four following components:

  • Duty of care
  • Breach of duty
  • Accident causation
  • Verifiable injury

Each component is necessary, or you don’t have a case.

You must demonstrate that the other driver’s behavior was directly responsible for the accident and your injuries. Gathering the required evidence is often a frustrating process for crash victims, especially as they deal with all the impacts of the accident. A Manhattan personal injury attorney has the resources to invest in gathering proof of liability, including the following types of evidence:

  • Police and accident investigation reports
  • Photos and video footage from the accident scene
  • Witness accounts
  • Medical and mental health professional reports
  • Occupational and physical therapist reports and statements

This evidence helps establish liability and the extent of your injuries. Your attorney can also help you gather documentation of medical and related expenses.

Possible Damages

Establishing proof of liability is crucial in a speeding accident case. However, it’s almost as essential for you to understand your injuries’ full extent and impacts. Too many accident victims don’t recognize how much the accident will affect them in the future. A serious collision resulting in severe injuries can have life-long repercussions. Not all of them have a direct economic impact, though they still lead to a reduced quality of life.

Your auto insurance doesn’t cover non-economic damages, but New York’s personal injury laws allow you to pursue compensation for those costs through a personal injury lawsuit. Depending on the facts in your case, you may be able to recover the following:

  • All medical expenses, including those that may arise in the future
  • Rehabilitation costs, including physical and occupational therapy
  • Lost wages from missed work time
  • Future earning losses due to missed work or temporary or permanent reduced capacity
  • Physical pain and suffering
  • Mental anguish and loss of enjoyment of life

A Manhattan speeding accident lawyer from Cellino Law consults and works with relevant professionals who can help assess and calculate your long-term losses.

What NY Laws Impact Your Case?

Three laws significantly impact speeding accident legal claims: auto insurance, comparative negligence and statute of limitations. Together, they determine whether you can file and how much you may ultimately recover.

Auto Insurance

The state requires drivers to demonstrate a financial ability to pay for damages in an accident, which most do through auto insurance. New York’s no-fault auto insurance rule stipulates motorists must carry personal injury protection and file a claim with their insurer when they sustain injuries in an accident, no matter who is to blame. However, the $50,000 minimum coverage may not cover all economic damages and won’t pay for non-economic losses.

PIP insurance was intended to reduce legal claims and speed up the claims process. Fortunately, the law does not prohibit you from seeking compensation through a personal injury claim if your losses exceed policy limits or you suffer non-economic damages. However, you can’t file a lawsuit once you settle a claim with the insurance company.

Comparative Fault

Comparative fault affects the outcome of your case. Often, more than one person’s actions contribute to a car accident. Your percentage of liability determines how much of the damage award you receive. New York follows a pure comparative fault rule, so you have the right to recover damages, even if you are primarily at fault.

However, if you are 75% liable, the damage award is lowered by 75%. On the other hand, if you are only 15% at fault, you receive 85% of the settlement amount. A Manhattan speeding accident lawyer stands up for your rights and helps you attain the best possible outcomes.

Statute of Limitations

Waiting to file a legal claim can delay your settlement, and if you wait too long, you may not be able to file at all. The statute of limitations is a strict deadline for legal action, and N.Y. imposes a three-year time limit for most personal injury claims.

How Do You Get Started With a Manhattan Speeding Accident Lawyer?

Getting started is as easy as making a phone call. At Cellino Law, we’re here to make the process as stress-free as possible. We offer a no-obligation, free case review, providing you with options based on your case’s facts. If you decide to retain our services, we commit to working hard to get you the most favorable possible outcome. Get in touch with us today to schedule your case review.

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