In New York City, there are car accident laws in place to protect car accident victims who have been injured in an accident through no fault of their own. This is essential because each year there are more than 100,000 motor vehicle accidents, many of which involve pedestrians.
Because New York City is a no-fault state, most car accident claims are covered by compulsory Personal Injury Protection (PIP) no-fault insurance. After an accident, each driver’s PIP insurance covers their medical expenses and lost wages, regardless of who caused the accident.
A PIP claim is typically the first step to take following a car accident, with up to $50,000 available to help cover the costs of the injury. However, if someone is seriously injured in a car accident, the victim may be able to file a personal injury claim against the at-fault driver. A serious injury could include a fracture that limits movement, permanent disfigurement such as severe, life-changing burns, or a permanent disability like the loss of a limb. In these cases, the amount available under PIP would not be sufficient to cover the long-term effects of such a serious injury.
In NYC the roads and crosswalks are used by private vehicles, public transport, bicycles, and pedestrians. This often makes it difficult for a New York personal injury attorney to determine liability in accidents because when they occur in such a busy urban environment, they often involve more than two parties who may have contributed in some way to an accident. There are also times when liability may also involve a government department if a car accident has been caused due to an inadequately maintained road or crosswalk, faulty traffic lights, or insufficient pedestrian infrastructure, such as poorly lit sidewalks.
In one high-profile wrongful death case in the Bronx, a $21.5 million settlement was awarded to the family of a sanitation worker who tragically died following a truck accident. The accident occurred when the truck driver lost control while making a turn, causing the worker to be ejected from the vehicle and subsequently run over by the truck. Although he was taken to a hospital for emergency surgery, delays in treatment led to fatal complications. The case involved both a negligence claim related to the accident and medical malpractice claims due to delayed surgical care.
Car Accident Reports from the NYC Department of Transportation
The NYC Department of Transportation (DOT) is the state agency responsible for maintaining accident records, and year in year out it has been recording more than 100,000 motor vehicle crashes annually, with Manhattan revealing the highest number, particularly those that involve pedestrians. These extraordinarily high accident rates are in part due to NYC’s particularly dense population, ongoing traffic congestion, and high numbers of pedestrians. The DOT’s data indicates how important it is for victims of these accidents to seek help from personal injury lawyers so that they can get the compensation they deserve.
The Role of the DMV in New York City Car Accidents
It has a number of purposes and one is to maintain car crash reports for 4 years. These reports can be accessed individually on the DMV’s website. It is a requirement of the New York State Vehicle and Traffic Law to file a crash report when involved in any accident where there is damage to the property of any one individual (including the driver) that has a value of more than $1,000. The report needs to be filed within ten days of the occurrence of the accident.
YMYL (Your Money, Your Life): Considerations After a New York City Car Accident
Many victims of NYC car accidents suffer an injury that the $50,000 PIP allowance is too small to cover. The only recourse to gain suitable compensation is to file a lawsuit against the at-fault driver. The amount negotiated should include all financial hardships and costs associated with the severity of the injury.
Financial Impact of a NYC Car Accident
Serious injuries in a car accident may result in a long period of rehabilitation when there is no possibility of earning a living to cover medical expenses, motor vehicle repairs, and loss of income. If the costs far exceed the PIP coverage, the only possibility of avoiding financial hardship is to file a lawsuit against the at-fault driver.
For example, let’s say a motorcyclist is knocked off a motorbike and is, as a result, diagnosed as a quadriplegic. This victim will need the best personal injury attorney to file a lawsuit and negotiate a settlement that will cover the financial burden of this permanent disability, probably for the rest of the victim’s life. It could include medical expenses, adapting the home to accommodate the disability, long-term care in the home, rehabilitation costs, loss of wages, and the pain and suffering of the victim involved in a car accident that was not their fault.
Impact on Health After a NYC Car Accident
It is not only the physical trauma and long-term health outcomes faced by victims of the most serious car accidents; victims’ mental health may be affected too, such as with Post-Traumatic Stress Disorder (PTSD). This diagnosis may make it difficult for the victim to return to work until full recovery has taken place. If the PTSD is severe, the victim may never be able to return to work again. When this happens, it is important for the victim and a NYC personal injury lawyer to negotiate a suitable personal injury settlement with the at-fault driver to cover the mental anguish caused by the car accident.
Legal Ramifications
When a car accident happens in NYC, obtaining poor legal representation or failing to understand the ins and outs of NYC traffic law can lead to unsatisfactory settlements for those affected. An experienced personal injury attorney who has a thorough understanding of NYC traffic law can win successful personal injury claims that match the financial burden likely to be encountered by the victims.
Core Entities of NYC Personal Injury Law
1. No-Fault Insurance in New York City
According to the NYC Bar, because every New York-registered motorist is required to carry PIP insurance, when an accident takes place, that insurance policy pays the policyholder, any passengers, and pedestrians for necessary medical expenses and loss of wages up to a maximum of $50,000, without even considering who or what caused the accident. However, any additional amount, including the cost of long-term medical treatment and compensation for pain and suffering, must be submitted by filing a personal injury claim in court. Under the no-fault law, any individual in a car accident is allowed to sue an at-fault driver to seek damages for pain and suffering if serious and permanent, life-altering injuries were inflicted due to that driver’s negligence.
2. Comparative Negligence in Personal Injury Law in NYC
New York follows a rule called pure comparative negligence. This means that if there is more than one party who is found to be at fault in a car accident, compensation is reduced by each party’s percentage of fault. For example, if a driver is found to be 25% responsible for the car accident, it is still possible for that individual to claim 75% of the damages if there are only two parties involved, but less if there are three or more parties involved. Navigating comparative fault rules in a multi-party accident can be challenging and is a good reason for hiring an experienced personal injury attorney to provide legal help and representation.
3. Pedestrian Accidents in NYC Are Far Too High
Each year, more than 100 pedestrians are killed while walking in New York City, according to the Department of Transportation (DOT). All drivers are obliged to offer pedestrians the right of way and obey all relevant traffic laws. Pedestrians also have a legal duty to use crosswalks and try to make themselves clearly visible to all potential drivers.
If a pedestrian was jaywalking at the time of a car accident, liability may be shared between the driver and pedestrian. New York law firm Damsker & Aspromonte won $10.3 million in compensation for a 22-year-old theater intern who was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was hit by the rear door of a passing truck. The door had become loose and flew open because it had not been properly secured by the driver in the first place.
After the accident, she was treated for concussion and dental injuries, but her health problems worsened over time. Eventually, a neurologist diagnosed her with traumatic epilepsy. The testimony from medical experts at the trial proved that the epilepsy was caused by the accident and was permanent and progressive. As a result, she was awarded more than $10 million in personal injury compensation.
4. Coverage Required for Hit-and-Runs
Uninsured Motorist Claims
New York City requires registered car owners to carry uninsured motorist coverage to protect themselves against accidents with drivers who are uninsured or unidentified (e.g., hit-and-run drivers). The minimum compulsory coverage is $25,000 per person and $50,000 per accident, but this doesn’t mean that greater coverage cannot be purchased for further peace of mind if hit by a hit-and-run or uninsured driver. This coverage is in addition to the standard PIP amount.
What to Do After a Car Accident in New York City
Navigating a personal injury claim following a car accident in New York City means adhering to specific steps, and each of these requires meticulous attention to ensure a just settlement is reached. Described below are the key steps to follow when a car accident victim needs to file a personal injury claim in a NYC car accident with the help of a New York City attorney.
1. Report the Car Accident to NYC Authorities
In NYC, it is a legal requirement to report any car accident that causes property damage amounting to more than $1,000 to the New York State Department of Motor Vehicles (DMV) within 10 days of its occurrence. However, if there is an injury or fatality, it’s a legal requirement to report the incident to the local police immediately. In the long run, this helps the victim, as a police report becomes the official record of the accident and includes key information such as witnesses’ statements and a suggested determination of fault. This can be used as evidence when a personal injury claim is filed.
2. Get Medical Attention Now
Even if a victim feels fine following the car accident, it’s important to immediately seek medical treatment so that the consultation is recorded in the patient’s records. Symptoms of a few injuries, such as whiplash and PTSD, could take many days to appear. It is important to document any injuries by making sure medical records are up to date, as these can act as evidence when the time comes to file a personal injury claim. In New York City, medical attention must be sought within 72 hours of the accident in order to qualify for the no-fault insurance cover (PIP).
3. Gather Evidence at the Accident Site
It’s important for the victim to gather as much evidence as possible following the accident. This could include photos or videos taken at the accident scene, which could reveal vehicle damage, road conditions at the time, traffic signage in the area, and any visible injuries to the drivers and/or passengers before they seek medical treatment. The victim should also exchange contact details and insurance details with the other driver(s) and request contact information from any onlookers, asking if they are prepared to provide witnesses’ statements. These can be requested at a later date as long as contact details are available.
4. Notify the Insurance Company ASAP
Under New York’s no-fault insurance arrangement, the victim must notify their insurance company as quickly as possible following the accident. No-fault insurance typically covers basic medical expenses and loss of earnings up to $50,000, regardless of whom or what caused the car accident. However, if the victim(s) meet the “serious injury” threshold as stated by New York law, which includes injuries such as bone fractures, disfigurement such as serious burns, or the diagnosis of a significant partial or permanent disability, a personal injury claim against the at-fault driver can be filed with the expectation of receiving sufficient financial compensation to cover the financial hardship due to the injury.
5. Consult with a Personal Injury Attorney to Help File a Personal Injury Claim
Car accident claims can be complicated, particularly in NYC, where the high density of traffic and local laws make a claim quite a challenge. An experienced personal injury attorney can assess the victim’s case, help navigate the personal injury claims process, and offer representation on the victim’s behalf. They will also help determine whether the victim meets the serious injury threshold needed to file a lawsuit beyond the no-fault system and guide the individual through this legal process if required.
6. File a Personal Injury Claim or Lawsuit
If the victim’s injuries qualify, allowing a personal injury lawsuit to be pursued, a New York City personal injury attorney can help to file a personal injury claim against the at-fault driver’s insurer. The claim will seek compensation for damages such as medical bills, loss of wages, pain and suffering, and any additional care needs due to changes in circumstances in the home. The attorney will negotiate with the insurer to reach a fair settlement or, if negotiation fails, file a personal injury lawsuit on the victim’s behalf.
7. Negotiate a Fair Settlement or Go to Trial
Most personal injury cases, after mediation and negotiation, settle before the need to attend trial. A personal injury NYC attorney will negotiate with the insurance company to secure fair compensation, but if the insurer fails to offer an acceptable settlement, the case may go to court. At trial, the New York City personal injury attorney will present the necessary evidence to support the claim and endeavor to seek a favorable settlement.
8. Collect the Settlement After Paying Legal Fees
Sometimes it can take months to approve a claim, and as soon as it is approved, the victim will be expected to pay legal fees before collecting the settlement. Most of the best personal injury attorneys offer their services on a contingency fee basis, which means the client only pays the legal fees once a settlement has been reached.
Testimonials From Happy Clients
When choosing the best car accident lawyer in New York City, a car accident victim will often seek testimonials from clients who have won successful car accident personal injury claims.
One example is provided below
If you’re reading this review, allow this office to handle your case you won’t regret it.
“Choosing the office of Dansker & Aspromonte Associates was one of the best decisions my parents made. Each and every person I came across at this office was respectful and caring. Doug Hoffer made sure to check in with me many times throughout my case to see how I was doing and keep me up to date with my case. He made sure that he got me the best settlement. Thank you for everything. If you’re reading this review, allow this office to handle your case you won’t regret it.” D.B
FAQs
Here are 6 FAQs that a NYC personal injury lawyer may need answers to before filing a personal injury claim on behalf of a car accident victim in NYC:
1. How important is the severity of a client’s injuries?
Understanding the full scope of a client’s injuries is important as this determines if they meet New York’s “serious injury” threshold, which is required to file a personal injury claim against the at-fault party.
2. Does a client need a police report?
A police report is the official record of the accident, which often includes information about witnesses and a suggestion of who was at fault. This report can be vital for supporting a personal injury claim. A police report is not essential to prosecute a case but is helpful.
3. Is evidence of negligence or fault by the other driver required?
To pursue a personal injury claim, it is necessary to confirm that the other driver was at fault in some way. A personal injury lawyer will need to know if there is evidence showing speeding, distracted driving, DUI, or any other negligent act by the other driver.
4. What insurance policies does the client have which covers damages?
The personal injury attorney will need to know if the client is covered by the required no-fault insurance (PIP) and also has underinsured/uninsured motorist coverage. This is vital for evaluating the personal injury claim’s potential value and determining the best path to take to win a satisfactory settlement.
NY Freeway Accident $5 Million
“In one of the most tragic cases this office has seen, two mothers and their four teenagers were driving to a high school swimming meet on the New York State Thruway in a van. When the driver suspected a flat tire, instead of pulling over onto the shoulder, the mother of two of the children inexplicably stopped the van in the right moving lane of traffic. Within a very short time, the driver of a tanker truck traveling at a steady 65 miles an hour who claimed not to see the stopped van, struck it at full speed, literally cutting the van in half. There were two survivors with grave injuries and four fatalities. We secured the maximum insurance that was available to cover these claims.”
Conclusion
By having a comprehensive understanding of the intricacies of New York City’s personal injury law, no-fault insurance and pure comparative negligence, the best NYC personal injury attorney can get justice and realistic settlements for clients that match their financial losses and physical injuries.