Millions of people visit New York every year from all over the country and the world. With so many people bustling around our state’s major cities, it’s not difficult to imagine that at least some of the nearly 300,000 motor vehicle accidents in 2014 alone involved out-of-state tourists. It’s also not difficult to imagine that at least some of the more than 160,000 people injured that year may have been out-of-state travelers as well.
Millions of people visit New York every year from all over the country and the world. With so many people bustling around our state’s major cities, it’s not difficult to imagine that at least some of the nearly 300,000 motor vehicle accidents in 2014 alone involved out-of-state tourists. It’s also not difficult to imagine that at least some of the more than 160,000 people injured that year may have been out-of-state travelers as well.
The direct correlation between an increased volume of people and the risk of vehicle crashes does raise an important question for visitors to our state – a question some may not have considered until now:
What laws apply to injured tourists in New York?
Whether you live in our great state or are visiting, it’s important to know that injuries caused by someone else’s negligence can result in civil litigation if you so choose to file a claim. The claim is filed in the state that has jurisdiction over the matter. In this case, a claim would be filed in New York, even if the injured person lives out of state.
So what laws apply? There are two major laws out-of-state visitors should know before filing a personal injury claim in New York:
New York’s Contributory Negligence Law
New York follows the law of contributory negligence, which states that even if you are found to have contributed to your injuries in some way, you may still file a claim against the other party involved. Your damages, however, will be reduced by the portion of fault assigned to you. Example: if you are found to be 20 percent at fault for the collision, then you would only be able to collect 80 percent of the damages.
New York’s Statute Of Limitations
It’s important to know that every state has some form of state of limitations on personal injury claims after a motor vehicle accident. Our state’s statute of limitations for car accident claims is governed by N.Y. C.P.L.R. § 214(4), which gives victims up to three years after an accident to file a claim without waiving one’s right to compensation.
As is the case in other states, filing a personal injury claim after a crash is a complex process that may require the assistance of a skilled injury attorney. Seeking legal help in these types of cases is always advised.
