What steps do I take if I was a passenger in a car and it was that drivers fault?

Asked about 1 year ago - Buffalo, NY

I am a caregiver for this gentleman, to assist around the house etc. He asked me to accompany him to his yearly appointment. He has hand controls in the vehicle because he is in a wheel chair.
We were on our way back on the highway, Traffic was smooth, and then we came up to stop and go traffic. However, the gentleman that I was with didn't stop. He slammed into the first vehicle and then he put the gas on and slammed into another vehicle and then he put it into reverse and we slammed into the guardrail. I am extremely lucky to be alive. But... I have had a major headache since (4 days ago was the accident) I am extremely sore in my upper back and neck. Went to see the doctor and she started me on something for the headaches and muscle relaxants. What do I do??

Attorney answers (14)

  1. David Ian Schoen

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Consult with a local experienced personal injury attorney ASAP

  2. Mitchell Jan Birzon

    Pro

    Contributor Level 13

    13

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    Answered . Interview and then retain a personal injury/worker'sCompensation compensation attorney. Do this ASAP. Make sure you report the incident to your driver's insurance company and establish a claim number. Your medical bills will be paid by the driver's insurance co. Try not to give a statement to anyone until you have counsel to work with you.

  3. Joseph John Bernardo

    Pro

    Contributor Level 14

    14

    Lawyers agree

    Answered . Since you had injuries you may want to consult with a local injury attorney. You can find them on Avvo, your local bar association, or by searching on the web. They can evaluate your claim and there is no cost for a consultation with attorneys that practice in this field.

  4. Eric Edward Rothstein

    Contributor Level 20

    12

    Lawyers agree

    Answered . Are you covered by workers compensation? That is the first thing to figure out. Contact a lawyer asap. If you are not covered by workers compensation you need to submit a no-fault insurance claim to his auto insurance carrier within 30 days of the accident to get your medical bills and any lost wages paid.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  5. Vel Belushin

    Pro

    Contributor Level 8

    12

    Lawyers agree

    Answered . Definitely you should speak with a NY personal injury attorney right away. They will be able to evaluate your case. Since a few cars were involved it might be useful for you to obtain the police report on the accident.

  6. Michael David Myers

    Pro

    Contributor Level 17

    13

    Lawyers agree

    Answered . It was smart to go to the doctor. You should consult with a New York personal injury attorney to determine the next steps.

  7. Albert Lee Crosner

    Contributor Level 19

    13

    Lawyers agree

    Answered . Contact a local area personal injury attorney. Most provide a free initial consultation. Sorry to hear about the accident and your injuries. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Rothstein laid it out well

  9. James Joseph Cupero

    Pro

    Contributor Level 9

    9

    Lawyers agree

    Answered . You should consult a personal injury lawyer in your area and pursue medical treatment to determine the severity of your injuries.

  10. Michael Evan Greenspan

    Contributor Level 16

    7

    Lawyers agree

    Answered . It is important that you meet with an experienced personal injury lawyer in your community to go over your rights and explain how your medical bills will be paid. Hopefully, your injuries will resolve uneventfully, but you will need to be seen by a physician or chiropractor who regularly treats car accident victims and is aware of what needs to be documented in such cases.

    There should be no cost for you to meet with an attorney to go over your case. Use the Avvo find a lawyer function to locate the right attorney for you.

    Good Luck and best wishes for a speedy recovery.

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more
  11. Gerald R Stahl

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . You need to consult with a personal injury lawyer. Continue to treat with your doctor. Good Luck!

  12. Michael Anthony Donlon

    Contributor Level 11

    3

    Lawyers agree

    Answered . You should make an appointment with an injury attorney in your area right away.
    There are strict deadlines for filing either (1) a worker's compensation claim and/or (2) a no-fault claim. The paper work for both should be submitted no more than thirty (30) days from the date of the accident. Time is of the essence. Best of luck!

    I am not familiar with you or the facts of your claim as alleged. Thus, the foregoing is not legal advice and in... more
  13. Charles Crane DeStefano

    Contributor Level 6

    3

    Lawyers agree

    Answered . 1) Apply for Workers Compensation (if available); I am not clear as to whether you are self employed or his direct employee, but either you would have to apply though your own Workers Comp coverage or that of your employer.

    2) Depending on whether he is youu employer or not, you may or may not be able to start a lawsuit for pain and suffering and economic loss.

    CONTACT AN ATTORNEY!

    2

    This advice is not intended to create an attorney / client relationship, rather it is mere general advice. An... more
  14. Michael A. Rose

    Pro

    Contributor Level 7

    2

    Lawyers agree

    Answered . There are issues with workers compensation as well as a potential personal injury lawsuit. Depending on who was your actual employer at the time of the accident will affect whether you can file a workers compensation claim. Depending on the severity of the injury will determine whether you will have a viable personal injury lawsuit.

    Michael Rose
    Hach & Rose
    unionlawfirm.com

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