NYC Personal Injury Attorney Agrees with Transportation Official’s Denial of ‘Accident’ Label in Car Wrecks

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New York attorney David Resnick of David Resnick & Associates, P.C., says that errors and bad choices that cause car wrecks need to be assigned to the proper party.

David Resnick

When a wreck results in injury or death, the injured party or their loved ones have a right to a full airing of what happened and why, and those at fault should be held fully accountable.

New York City accident and personal injury attorney David Resnick said today that a New York City official’s reaction to last year’s rise in traffic fatalities indicates the need for professional legal assistance after an automotive accident.

“We agree with those who don’t see an ‘accident’ with every car wreck. Wrecks are most often caused in part or in whole by one party’s negligence,” said Resnick of the New York City law firm David Resnick & Associates, P.C.

“When a wreck results in injury or death, the injured party or their loved ones have a right to a full airing of what happened and why, and those at fault should be held fully accountable.”

Resnick said he was referring to New York City Transportation Commissioner Janette Sadik-Khan’s reaction to the Department of Transportation’s recent report, showing that traffic deaths rose by 5 percent in the city in 2010.

Last year, 269 people were killed in traffic crashes, including taxi accidents, delivery truck accidents and bus accidents, in the five boroughs. That marked an increase from the 258 fatalities recorded in 2009, the DOT said.

“We need to stop thinking about these as accidents,” Sadik-Khan said in a New York Times article published Feb. 6. “An accident suggests that it happened by chance. These are crashes that happen by human error, by bad choices, and they are avoidable.”

Who may have erred or made bad choices in an accident needs to be properly determined, Resnick said.

“‘Pointing fingers’ is seen as a negative, but it’s a matter of accountability, and it is entirely appropriate. People injured in car wrecks may be due compensation from the party at fault for medical expenses, lost wages and other losses.

“Because of New York’s adherence to comparative negligence and pure comparative fault rules, accident victims can find the driver at fault shifting blame against them and, if their rights are not properly protected, possibly reducing the compensation they, as the injured party, deserve,” continued Resnick, who has more than 10 years of experience representing individuals injured in automobile accidents.

The theory of “pure comparative fault” allows injured parties to recover losses even if they are partially to blame for the wreck, Resnick explained, but the amount of the award is based on the amount of fault they are assigned by the insurance claims adjuster.

“Because so much is left to the insurance company’s adjuster, it is vitally important that people injured in car wrecks or who have lost loved ones in accidents have a professional, experienced advocate on their side,” Resnick said. “We at David Resnick & Associates are proud to bring our many years of experience to the aid of injured New Yorkers.”

About David Resnick & Associates, P.C.
David Resnick & Associates, P.C. is a well-respected New York City accident and personal injury law firm that handles cases involving inadequate security, property injuries (premises liability), trip and fall, hit and run, pedestrian injuries, bicycle accidents, construction site hazards, bus accidents, motorcycle accidents, subway accidents, taxi accidents and delivery truck accidents. The firm represents clients throughout New York City's five boroughs of Manhattan, Brooklyn, Queens, Staten Island and the Bronx. For more information or to receive a free, no- obligation case consultation, call (212) 279- 2000 or use the firm’s online form.

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