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Car Accident Lawyers in Westchester County, NY

Were you injured in a car accident in Westchester County? Our team of dedicated car crash attorneys is here to help you navigate the complexities of your case and fight for the compensation you deserve.

Stanley A. Tomkiel, IIIMatthew Tomkiel
Car Accidents
  • Prenatal and Perinatal Care Complications


    Cerebral Palsy suffered by triplets due to medical malpractice in their prenatal and perinatal care and treatment.

  • birth injury


    Verdict for child and parent for Brainstem injury with developmental delays resulting from mismanagement of shoulder dystocia during delivery of newborn.

  • Diagnostic Delay Case


    Delayed diagnosis of meningitis in toddler causing hearing loss with cochlear implants.

Table Of Contents

How Our Car Accident Attorneys Will Help You After an Accident in Westchester

Facing the aftermath of a car accident in Westchester can be daunting, but our seasoned attorneys are here to guide you through every step of the process with confidence.

Thorough Investigation

We start by investigating your accident, gathering crucial evidence like witness statements, police reports, and accident reconstructions.

Strategic Negotiation

Our team skillfully negotiates with adjusters to secure fair compensation for your injuries, medical bills, lost wages, and other losses.

Maximizing Compensation

We fight relentlessly to maximize your compensation, including damages for pain and suffering, ongoing medical care, and any future needs.

Skilled Litigation

If negotiations falter, we're prepared to take your case to court — our skilled team will passionately advocate for you and pursue the justice you deserve.

Throughout the entire process, you'll receive personalized attention and compassionate support from our team. We’ll keep you informed, address your concerns, and stand by you every step of the way.

Types of Car Accidents We Handle

Car accidents come in various forms, including:

Head-On Collisions

Result in catastrophic injuries or fatalities, requiring careful investigation for justice.

Rear-End Accidents

Due to distractions or sudden stops, resulting in injuries like whiplash.

Hit-and-Run Incidents

Leave victims feeling helpless, but we'll work tirelessly to identify the responsible party and seek compensation.

Single-Vehicle Accidents

Can result in serious injuries even without other vehicles involved.

Failure-to-Yield Collisions

Common at intersections or lane changes, leading to severe injuries.

No matter the type of car accident you’ve suffered, our Westchester car accident lawyers are here to help.

Pay Nothing Unless We Win Your Car Accident Case

We understand the overwhelming challenges you face after a car accident. Medical bills, lost work, and the stress of dealing with insurance companies can be unbearable. That's why we offer our car accident legal services on a contingency fee basis. This means:

  • You pay nothing upfront for our help.
  • We only get paid if we win a settlement or verdict for you.
  • You can secure expert legal representation without financial risk.

Don't let financial worries stop you from getting the help you need after a car accident

Got into a Car Crash in Westchester?

You can trust our dedicated team to provide skilled legal representation and fight for your rights. Contact us today for a free case evaluation.


What Are the Common Injuries You Can Sustain in a Car Accident?

Broken Bones

The forces and impact involved in a car accident can lead to fractures in various bones, such as the arms, legs, ribs, and pelvis.

Brain Injuries

These can range from minor concussions to traumatic brain injuries (TBIs), which may result in long-term cognitive and physical impairments.

Spine Injuries

Injuries to the spine, such as herniated discs or fractured vertebrae, can result in chronic pain, limited mobility, and a loss of sensation below the injury site.

Burn Injuries

If a car catches fire or explodes, occupants may suffer from minor to severe burns that require extensive medical treatment.

Catastrophic Injuries

These severe injuries (such as traumatic amputations or severe burns) can permanently impact a person's quality of life and require lifelong care and support.

Knee Injuries

The impact of a car accident can cause knee injuries such as torn ligaments (ACL or MCL), fractures, or dislocations, which may require surgery and rehabilitation.

Paralysis Injuries

Severe spinal cord injuries can lead to paralysis, including paraplegia (loss of movement and sensation in the lower body) or quadriplegia (loss of movement and sensation in all four limbs).

& More

Car accidents can cause a vast array of other injuries. If you or a loved one has been injured in a car crash, our attorneys are here to help you navigate the legal process and fight for the compensation you deserve.

What Can I Do If a Family Member Dies in a Car Accident Caused by Negligence?

If you have lost a family member in a car accident that was caused by another driver's negligence, you may have the right to file a wrongful death lawsuit against the party responsible for the death. The damages from this lawsuit can be used to cover medical bills, funeral costs, lost income, and the loss of companionship and support. 

Our compassionate attorneys have extensive experience handling wrongful death cases that stem from fatal car accidents. We understand the emotional and financial toll these tragedies take, and we are committed to helping you seek justice for your loved one. We’ll thoroughly investigate the accident, gather crucial evidence, and work tirelessly to hold the at-fault party responsible for their actions. 

Contact our firm today to discuss your case and learn how we can help you navigate this challenging time.

What Are the Common Causes of Car Accidents?

Car accidents in Westchester County can occur due to various factors, including:

Distracted Driving

Activities like texting, talking on the phone, or adjusting the radio can divert a driver's attention from the road.


Driving at speeds higher than the posted limit increases the likelihood of accidents and the severity of injuries.

Driving Under the Influence

Alcohol or drug impairment significantly impairs a driver's ability to operate a vehicle safely.

Reckless Driving

Behaviors such as aggressive driving, tailgating, and improper lane changes can greatly increase the chances of a collision.

Weather Conditions

Rain, snow, ice, and fog can create hazardous driving conditions

Failure to Obey Traffic Laws

Running red lights, ignoring stop signs, and failing to yield the right-of-way contribute to many accidents.


Driving while tired or drowsy can significantly impair reaction times and decision-making abilities.

Vehicle Defects

Malfunctions in brakes, tires, or other critical components can cause accidents, especially if the driver is unaware of the issue.

Regardless of the cause of your accident, it’s vital to consult with a Westchester car accident attorney as soon as possible.

Car accident attorney Westchester NY

Who’s Liable for My Injuries After a Car Accident in Westchester County?

Determining liability after a car accident in Westchester County depends on various factors, including the circumstances of the accident and any applicable laws.

In many cases, liability may fall on:

Negligent Drivers

If another driver's negligence caused the accident, they may be held liable.

Vehicle Owners

If the at-fault driver was operating a rental or company vehicle, the owner of the vehicle may also be liable under certain circumstances.


If the at-fault driver was performing job-related duties at the time of the accident, their employer may be held liable under the doctrine of vicarious liability.

Government Entities

If hazardous road conditions like poorly maintained roadways or inadequate signage contributed to the accident, the government entity responsible for maintaining the road may be held liable.


In cases where a defective auto part or vehicle malfunction contributed to the accident, the manufacturer or distributor of the faulty product may be held liable under product liability laws.

Determining liability can be complex, often requiring a thorough investigation of the accident. If you've been injured in a car accident in Westchester County, it's essential to seek the guidance of a car accident attorney who can help you understand your rights and pursue compensation for your injuries.

What If I'm Partially at Fault?

New York follows a comparative negligence rule. This means that if you're partially at fault for a car accident in Westchester County, your compensation may be reduced by the percentage of fault assigned to you. For example, if you're found to be 20% at fault for the accident, your compensation may be reduced by 20%.

It's crucial to understand how comparative negligence laws apply to your case. An experienced car accident lawyer can help you navigate the legal process, negotiate with insurance companies, and ensure you receive fair compensation for your injuries and losses — even if you're partially at fault.

What Damages Are Available After a Car Collision?

After a collision in Westchester County, you may be entitled to various damages to compensate for your losses. These damages may include:

Medical Expenses

Coverage for current and future medical bills, including hospital stays, surgeries, medication, rehabilitation, and therapy.

Lost Income

Compensation for wages lost due to time taken off work for recovery or medical appointments.

Property Damage

Reimbursement for the repair or replacement of your vehicle and other personal property damaged in the accident.

Pain and Suffering

Damages awarded for physical pain, emotional distress, and mental anguish.

Loss of Enjoyment of Life

Compensation for the loss of the ability to participate in activities you enjoyed before the accident.

Permanent Disability:

Damages awarded for permanent disabilities or impairments that affect your ability to work or perform daily activities.

Loss of Consortium

Compensation for the impact the injuries have on your relationship with your spouse, including loss of companionship, affection, and intimacy.

Punitive Damages

In cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter similar behavior.

To determine what damages you are eligible for, contact a Westchester car accident attorney.

Car crash lawyer Westchester NY

What’s the Statute of Limitations for Car Accident Lawsuits in Westchester?

In New York, the statute of limitations for filing a car accident lawsuit is typically three years from the date of the accident. It's crucial to adhere to this deadline, as failing to file a lawsuit within the statute of limitations could result in the loss of your right to seek compensation through the court system. 

Therefore, if you've been involved in a car accident in Westchester County, it's essential to consult with a qualified car accident attorney as soon as possible to ensure your legal rights are protected.

Should I Accept an Insurance Settlement After a Car Accident?

It's essential to carefully consider the implications of accepting an insurance settlement. After all, insurance companies aim to minimize payouts, so their initial offer will not likely cover your losses. 

It's highly recommended to seek legal advice from a qualified attorney. They can evaluate the offer, assess the full extent of your damages, and negotiate with the insurance company on your behalf to ensure you receive fair compensation for your injuries and losses.

What Are No-Fault Benefits?

No-fault benefits, also known as personal injury protection (PIP) benefits, are a type of insurance coverage that drivers carry in states like New York. These benefits provide compensation for medical expenses, lost wages, and other related costs incurred as a result of a car accident — regardless of who was at fault. They are designed to promptly provide financial assistance, ensuring accident victims receive necessary medical care and support without having to pursue legal action to determine fault.

What Is New York’s Serious Injury Threshold?

New York's Serious Injury Threshold is a legal standard used to determine eligibility for filing a lawsuit for pain and suffering damages in car accident lawsuits. 

In order to meet the Serious Injury Threshold, the injured party must have suffered a significant or severe injury as defined by New York law. These injuries typically include:

  • The permanent loss of use of a body part
  • Significant disfigurement
  • Significant limitation of a body function or system
  • An injury or impairment that prevents you from performing daily activities for at least 90 days during the 180 days immediately following the accident

Meeting the Serious Injury Threshold allows the injured party to pursue additional compensation through a lawsuit against the at-fault party.

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Why You Should Choose Tomkiel & Tomkiel

40+ Years of Experience

Benefit from our extensive experience in personal injury law spanning over four decades.

Proven Success

Trust in our track record of securing substantial compensation for our clients.

Personalized Approach

Receive legal strategies tailored to your unique needs and goals.

No Win, No Fee

Access quality legal representation without any upfront costs; you only pay if we win your case.

free consultation

Hit the Road to Recovery

Get on the road to recovery with an experienced legal team by your side. Contact us today to start your car accident claim and get the compensation you deserve. Don't delay — act now!

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