Best Traffic Lawyer in Brooklyn Explains 3 Key Insights for Your Traffic Accident

Every driver on New York roads has a legal duty to operate their vehicle safely and follow traffic laws. When a driver breaches this duty and causes an accident, they may be held liable for damages. The concept of duty of care is fundamental in traffic accident cases. New York Vehicle and Traffic Law Section 1104 requires drivers to exercise reasonable care and caution. A best traffic lawyer in Brooklyn will establish that the other driver failed to meet this standard, whether through speeding, distracted driving, or violating traffic signals.

New York follows pure comparative negligence, meaning you can recover damages even if you are partially at fault, as long as you are not more than 100 percent responsible. However, your recovery is reduced by your percentage of fault. For example, if you are found 20 percent at fault and your damages total $10,000, you may recover $8,000. This rule makes it essential to have skilled legal representation to minimize your assigned fault percentage and maximize your recovery.

Brooklyn Criminal Court handles misdemeanor traffic violations and infractions. If you have received a traffic ticket or face charges related to a traffic accident, your case will likely be heard in this court. The court is located in downtown Brooklyn and processes thousands of traffic and criminal cases annually. A best traffic lawyer in Brooklyn who is familiar with the judges, prosecutors, and procedures in Brooklyn Criminal Court can negotiate more effectively on your behalf. The court operates under New York Criminal Procedure Law and the Vehicle and Traffic Law, and procedural compliance is essential to protect your rights.

If a traffic accident in Brooklyn results in serious injury or death, you may face felony charges in Kings County Supreme Court. This court handles more complex cases and carries potentially severe penalties. The procedures are more formal, discovery is more extensive, and trial preparation requires experienced legal counsel. A best traffic lawyer in Brooklyn with experience in Kings County Supreme Court understands the higher stakes and can develop a comprehensive defense strategy.

Under New York Insurance Law Article 51, all drivers must carry no-fault insurance, also called Personal Injury Protection (PIP). This coverage pays for reasonable and necessary medical treatment, up to your policy limit, regardless of fault. It also covers lost wages up to $2,000 per month for up to three years. However, insurance companies may dispute whether treatment is reasonable or necessary. If your claim is denied, a best traffic lawyer in Brooklyn can appeal the decision and advocate for your coverage.

To pursue a personal injury lawsuit against the at-fault driver in a traffic accident in Brooklyn, you must meet New York Insurance Law Section 5102(d) serious injury threshold. This threshold includes permanent disfigurement, fractures, significant limitation of bodily function, or medically determined injury that prevents you from performing substantially all your normal activities for at least 90 days. Meeting this threshold is essential before you can recover damages for pain and suffering. An attorney can evaluate your injuries and determine whether you qualify to pursue a lawsuit. Additionally, if your accident involves an accident injury claim, professional legal guidance ensures all damages are properly documented and claimed.

When a traffic accident occurs in Brooklyn, police may respond and file an accident report. This report documents the officer's observations, statements from drivers and witnesses, and preliminary findings about fault. The report is admissible in civil cases and carries significant weight. However, police reports are not always accurate, and officers may not have complete information. A best traffic lawyer in Brooklyn will obtain the police report, review it for errors or inconsistencies, and conduct an independent investigation if necessary. If you were involved in an aviation accident or other specialized accident scenario, similar investigative principles apply to protect your interests.

Witness statements can be crucial in establishing what happened during a traffic accident. A best traffic lawyer in Brooklyn will identify and interview witnesses, obtain their written statements, and prepare them for deposition or trial. Expert analysis may also be necessary, including accident reconstruction experts who can determine vehicle speeds, angles of impact, and causation. Medical experts may testify about the extent and permanence of your injuries. These expert witnesses strengthen your case and provide credible testimony to support your position.