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Posted By Cohen & Cohen Personal Injury Lawyers, P.C. on 05/15/2023

What to Do When Hit By A Car Pulling Out of A Driveway

What to Do When Hit By A Car Pulling Out of A Driveway

Merging onto a roadway from a driveway or parking lot is one of the most hazardous locations for a car accident. This is due to the fact that it places one vehicle directly in the path of another, creating a potential collision risk. This danger is not just limited to the vehicle pulling out of the driveway but also extends to drivers who are traveling down the roadway. In particular, drivers coming down the road are at high risk because a vehicle that unexpectedly emerges from a driveway between parked cars may give them only a few seconds to avoid a collision. This could result in a catastrophic or even fatal accident. Therefore, when a driver pulls out of a driveway and collides with another motorist, the vehicle that was merging onto the public roadway may be held liable. 

If you have been in an accident where someone hit you while pulling out of their driveway, it can be a confusing and frustrating experience. The other driver may try to blame you for the collision, and their insurance company may also try to shift the blame onto you. However, this is not fair. Drivers who are in accidents of this type should know what to do afterward. Here are the essentials of what drivers should do after being hit by a car pulling out of a driveway. 

Seek Medical Attention Immediately

If you have been hit by a car pulling out of their driveway, seeking medical attention should be a top priority. These types of accidents can be surprising as cars pulling out of their driveway can be hidden, making it difficult for drivers to see them. As a result, the impact of the collision can cause serious injuries that may not be immediately evident. Even if you feel fine after an accident, it is important to call 911 or go to the doctor immediately to be evaluated by a medical professional. 

Some injuries, such as head trauma, spinal cord injuries, or internal bleeding, may not present symptoms for several hours or even days after the accident. If left untreated, these injuries could lead to serious health complications or even death. Seeking medical attention immediately after the accident can help ensure that you receive the proper diagnosis and treatment for any injuries you may have sustained. 

It is also important to keep accurate records of your medical treatment and any physical therapy you may need. This documentation can be used to support your case if you decide to pursue compensation for your injuries. Be sure to provide an accurate description of the accident to your doctor to ensure that they can accurately assess your injuries and provide the necessary treatment. If you fail to do so, the insurance company may accuse you of exaggerating or even lying about your injuries, potentially impacting the compensation you receive. 

Call The Police 

Regardless of the extent of damage caused by being hit by someone pulling out of their driveway, it's important to notify the police. In New York, reporting a car accident to the police can have long-term benefits. The police report is a crucial piece of evidence during the insurance claim process, providing detailed information about the accident's location, time, and date, as well as the contact information of all drivers involved and eyewitness accounts. Police reports are often required before an insurance company will accept a claim, and insurance companies usually cannot dispute information contained in a police report. Moreover, having a police record that states the victim was not at fault can significantly benefit an insurance claim. If you've been in a car accident in Queens, it's crucial to report it to the police to ensure that you have the necessary documentation to support your insurance claim.

Collect Other Driver’s Information & Evidence

It is crucial to exchange information with all drivers involved in a car accident. In cases where the at-fault driver fails to report the incident to their insurance company, exchanging information will help the victim recover compensation for damages incurred. The following information should be requested from the negligent driver: name, phone number, current address, name of insurance provider, policy number, license plate info, and make and model of the vehicle. To increase the chances of receiving compensation, we also suggest documenting important details like photos of the damage, skid marks, and the surrounding area. Collecting the names and contact information of witnesses and asking them to recount the events can also help.

Notify The Insurance Company 

To ensure that they receive proper compensation after a car accident, even if they are not at fault, it is recommended for victims to contact their insurance company. Although the negligent driver's insurance company is often responsible for covering damages, there are situations where they may dispute the claim or fail to fulfill their obligations. In these cases, the victim may need to turn to their own insurance provider for compensation. This is especially true when the at-fault driver's insurance company disputes the claim and argues that the victim was actually at fault. In such cases, the victim's insurance provider will request a detailed account of the incident and any supporting evidence to prove that the victim was not at fault.

Drivers Can Be Liable For Causing An Accident When Pulling Out Of Their Driveway

Under New York law, when someone pulls out of their driveway and hits an oncoming car, they are typically liable for the accident. According to New York Vehicle and Traffic Law section 1143, any vehicle entering the roadway must yield the right of way to all vehicles approaching on the roadway to be entered or crossed. This law applies to all types of motor vehicles entering the roadway, including those coming from:

  • Private driveways

  • Parking lots

  • Alleyways

  • Grass/off-street parking

  • Garages

  • Public turnoffs

  • Roadway shoulders

  • Other similar roadway structures or pull-offs

This means that the driver pulling out of their driveway is required to yield to all oncoming vehicles on the roadway, regardless of who has the right of way. Therefore, if the driver who pulls out of their driveway causes an accident with an oncoming car, they are likely to be found liable for the accident.

Contact A Queens Car Accident Lawyer Near You

If you've been hit by a driver pulling out of their driveway in Queens, New York, you may be entitled to compensation for your injuries and damages. Under New York Vehicle and Traffic Law Section 1143, a motorist entering the roadway from a private driveway or similar structure is required to yield the right of way to all oncoming vehicles. If they fail to do so and cause an accident, they may be held liable for any resulting injuries and damages. 

If you have been injured in such an accident, it is important to contact a Queens car accident lawyer near you as soon as possible. An experienced Queens car accident attorney can help you understand your rights, navigate the legal process, and work to get you the compensation you deserve. They can also negotiate with insurance companies on your behalf and represent you in court, if necessary. Don't hesitate to seek the help of a Queens car accident lawyer if you've been hit by someone pulling out of their driveway.

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