Fighting for Victims in
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Times of Need
Fixed Object Crashes
While many car accidents in Westchester County, New York, and surrounding areas occur when one car crashes into another, according to the Insurance Institute For Highway Safety (IIHS), approximately 20% of fatal car crashes are caused by cars striking a fixed object along the roadway. The IIHS reports that in 2022, over 8,000 people died in fixed object crashes in the United States.
If you’ve been injured in a fixed object collision, it’s important not to assume anything about your crash. Many motorists make the expensive mistake of assuming that they have no legal claim—that there is no liable party because another car may not have been involved. In these situations, however, you may still have a claim if insufficient signage, poor road design, or another type of negligence caused your accident and injuries. If you’ve been injured in any kind of car accident, contact The Law Office of Mark A. Siesel for a free consultation. Our office in White Plains, NY is here to serve you.
Why Do Fixed Object Crashes Occur?
Drivers run off the road for a variety of reasons, including:
- Intoxication;
- Distracted Driving;
- Excessive Speed;
- Poor Visibility;
- Inexperienced Drivers;
- Older Drivers.
The most common fixed object involved in fatal car crashes is trees, at 50%, followed by utility poles, which account for 13%; and traffic barriers, which are involved in 8% of all fatal crashes.
Alcohol is a significant factor in fatal fixed object crashes, with 43% of all drivers killed in these accidents having a blood alcohol concentration (BAC) of 0.08% and above, which is the legal limit of intoxication in most states in the United States. Almost 24% of all drivers killed in fixed object collisions in 2022 were men younger than 30. A huge percentage of all drivers (82%) who died in fixed object accidents were male. 48% of fixed object fatalities happened on major roads, 58% occurred on rural roadways, and a large percentage (46%) occurred on roadways with speed limits greater than 55 miles per hour.
Approximately 43% of fixed object fatalities in 2022 happened at night, between 9:00 PM and 6:00 AM, and the greatest percentage, 17%, occurred between midnight and 3:00 AM.
No matter why you think your car accident happened, consult with an experienced personal injury attorney. The cause of an accident may not always be clear. For example, if your accident happened when you crashed into a guardrail, there is no way to know, without a careful investigation, whether lack of signage, insufficient light, or bad road design played a role in the collision. You have no way of knowing whether this is a frequent site of collisions due to poor design or whether a road construction crew removed a vital sign before your accident—unless you work with an attorney who can investigate.
At the White Plains, New York Law Office of Mark A. Siesel, our attorneys are dedicated to obtaining the maximum possible compensation for our clients’ past and future pain and suffering, past and future medical and hospital expenses, loss of earnings and future earnings capacity, and loss of enjoyment of life. Our team works with engineers, investigators, accident reconstruction experts, and other professionals who can find all factors that led to a crash.
What Do You Need to Know About Fixed Object Collisions?
Particularly in motor vehicle cases with substantial impacts, such as in crashes with trees, embankments, and guardrails, there is an increased likelihood of permanent injury, extensive rehabilitation, paralysis, and death. Head injuries, broken bones, amputations, internal injuries, and other serious harm are common in these accidents, because you may not have time to decelerate before the moment of impact. In turn, these serious injuries may require surgery, ongoing rehabilitation and therapy, at-home care, and additional costs. Your insurance policy’s Personal Injury Protection (PIP) may only cover $50,000, though you also have the option of paying extra for basic economic loss insurance (OBEL).
Even with car insurance and good health insurance, the cost of your treatment may not be fully covered, especially if you’re seriously injured and need to take extended time away from work and need ongoing care. In addition, deductibles and co-pays may also cost money, which can be difficult to pay if you’re unable to work because of your injuries. While your car repair and replacement costs may be covered by car insurance, you may find, like many motorists do, that getting the full amount you need from insurers isn’t always straightforward.
In the State of New York, if your injuries were caused by someone’s negligence, you have the right to file a lawsuit and seek financial recovery not just for all your medical bills and lost income—including expected future medical costs—but you can also seek compensation for pain and suffering, property damage, and additional costs, including personal property loss and damage.
You have up to three years in New York to file a personal injury claim in a car accident case. If you fail to file within this time, you lose your opportunity to seek compensation. However, if like many individuals involved in a fixed object crash, one of the plaintiffs in your case may be a government entity, such as the State of New York, a town, city, village, or county, you only have one year and 90 days to file the cause action. In addition, to file a claim you have only 90 days after the cause of action to file a Notice of Claim.
It is critical to act quickly after a car accident, especially if a government entity may be involved. Missing any deadlines can impact your ability to get rightful compensation for your injuries and losses. That’s why you will want to contact The Law Office of Mark A. Siesel as soon as possible after your crash. Even if you’re too injured to travel to our White Plains office, we can visit your home or hospital room. Our team is also pleased to offer a free consultation, so there is no risk in finding out more about your options.
Why Contact The Law Office of Mark A. Siesel?
When our office is retained in a case involving a fixed object crash, we take immediate steps to assure that all potential evidence is preserved to assure the best possible chances of success in the case, including: obtaining any accident related debris from the scene of the accident and the cars involved; obtaining photographs of the vehicles involved and the scene of the accident; securing written statements from all potential eyewitnesses; obtaining all police reports and photographs, and conducting Freedom of Information searches to determine if the location of the accident has been the site of previous crashes to strengthen a possible claim against the local town, village, city, county of the State of New York.
At The Law Office of Mark A. Siesel, we understand that a serious car accident affects not just your wallet but every part of your life, which is why we do all we can to make filing a claim easy. We offer a free initial consultation, so you can find out whether you have a claim without any risk. We also work on a contingency fee basis, so you pay no fees until and unless we recover money for you through a settlement or court win.
The team at The Law Office of Mark A. Siesel also take care of the details, from filing your claim ahead of deadlines, to building your case. We take great pride in treating our clients with care and offering personalized, devoted attention to your case. We always keep you informed about the latest developments and we always reply to phone calls and emails within 24 business hours. Since 1986, we have worked tirelessly to help New York state residents who have been harmed and who have needed a helping hand in getting their rightful financial recovery.
When you or a loved one are injured in a motor vehicle crash, you require the services of experienced, knowledgeable litigators, who will fight the insurance companies and their defense counsel to preserve your rights for all of the compensation you are entitled to for your pain and suffering, lost earnings and earnings potential, and medical and hospital expenses, both past and future. Contact The Law Office of Mark A. Siesel today for a free consultation to discuss your case in detail.