Legal Question in Personal Injury in New York
my daughter was in an accident yesterday on her way home from work driving my car, she was on a highway going 45 when a drunk driver rer ended her which then sent the front end of the car into a gaurd rail ripping the frot end off and he left her there. He was later arrested for dwi and hit run because the impact from the crash ripped off the liscense plate on his car. My daughter was brought to the er for neck and arm pain nothing was broken or anything but she was told to follow up with an orothpedic for physical therepy if pain persists. We already have the information exchange paperwork but no police or medical report yet. From my understanding it will take a couple of days to get those. So what exactly would our legal options be and is there anyway I could find out if the person that hit her had any previous dwi or dui?
3 Answers from Attorneys
I am very sorry for your ordeal. It is important to not speak to anyone until you speak to a lawyer and get the proper advice. Insurance companies can be very manipulative so be careful about what you and your daughter say to them.
From a liability standpoint it seems like a clear case. The question is what are the extent of your daughter's injuries. Your legal options are to file a case against the person who rear ended your daughter. All of her medical bills will be paid from the No-Fault insurance carrier. There is a way that we can find out if he has any prior dwi's. I can easily get that information for you.
Call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT or visit us on the web at www.1800wefight.com and email me to set up an appointment this weekend.
I look forward to fighting hard for you and your daughter.
You should speak to a personal injury lawyer as soon as possible to protect your interests. Whether or not the other driver had prior DWIs is irrelevant to your case and not admissible in court. It is enough if he is convicted in this case. Please free to contact me to discuss this further. Best wishes,
http://dimartinilaw.com/car_accident/alcohol_involvement
You have already reported this accident to your carrier, so a no-fault file will be opened. This will cover medical expenses and lost earnings. In terms of a lawsuit against the other driver, you will want a lawyer to represent your daughter. What is legally relevant is the alcohol level of the other driver at the time of this accident. From what you describe, liability is not going to be an issue. Whether your daughter's injuries can be considered "serious" under the legal definition is what the lawyers will focus on. Best, M. E. Zuller
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