Driving or riding in a car in New York City can be an intimidating experience, even for the most experienced drivers. With so many different expressways, offramps, onramps, yields, merges, bike lanes, and many more distractions or stimuli that can overwhelm someone—not to mention aggressive drivers that you must share the road with—it is no wonder that car accidents are so common in NYC. In January of 2020 alone, there were more than 14,000 car accidents reported to the New York Police Department, with 19 fatalities and over 3000 reported injuries.
You should consult an experienced trial attorney if you have been involved in a car accident in New York. Never give any statement about your car accident to the at-fault party’s insurance company representative. Remember, they are not trying to help you. Instead, they will do anything to pay less than what you need and deserve.
If you give any statement, they will record and use it against you as will written statements, if the case proceeds in a trial.
If you were not hurt and only the damage to the car is involved, you may not need an attorney since you may be able to resolve this problem on your own. Otherwise, if you are injured in a car accident as a result of other people’s negligence, you should contact an experienced car accident lawyer in New York as soon as possible.
When searching for the best car accident lawyer in New York, it is crucial to pick a lawyer who has extensive experience in preparing and trying car accident cases. Note that there are lawyers that hold themselves out as “trial lawyers”. Yet, they don’t have sufficient experience in “trying” a case because they are more interested in settling it.
Keep in mind that the defendant or at-fault party, their lawyer, and insurance providers won’t settle the case for the full value if they understand that your lawyer is not willing to try the case. The at-fault party’s insurance company will know a lawyer who actually tries a case if a sufficient sum is not offered to settle it.
The top auto accident lawyer NYC at Rosenberg, Minc, Falkoff & Wolff, LLP have all tried multi-million-dollar cases. They have a reputation for refusing to settle cases if the compensation offered by the at-fault party is not enough to cover for the injuries and financial loss suffered.
If you are one of the motorists, cyclists, pedestrians, or passengers who were involved 30,000+ people who were involved in one of these accidents, or in one of the ¼ of a million accidents in NYC each year, it is important that you know your rights and are able to work with an attorney who can help you fight to uphold these rights. While you are focusing on recovery, you can be nearly certain that the responsible party in the crash is working aggressively with a New York accident attorneys, or their insurance company is working to limit the amount of money that you ultimately receive as a settlement.
Our New York City personal injury lawyers have decades of experience handling car accident cases. We have access to extensive resources to investigate car crashes, gather evidence, and trace the whereabouts of key witnesses.
We are familiar with the tactics used by insurance companies to offer low settlements or totally deny claims. These insurers only care about saving money, and so we will stop them from taking advantage of you. We will work diligently to make sure they treat you fairly so you can recover the highest possible compensation.
We will represent you in completing each step of the legal process so you can focus on getting better. Sustaining an injury caused by an accident can be a traumatic experience, you should not have to deal with this case alone.
We will develop a strategy to successfully get you the compensation you need and deserve while you attend your doctor’s appointments and focus on your recovery. We will work hard to gather the evidence needed to prove the at-fault party’s responsibility for your injuries and, therefore, should pay you full compensation.
Contact our skilled NYC trial lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP to schedule your free consultation. We make things easy for you. We'll come to you to talk about your case if you can't make it into our law office.
According to the NYC Open Data website, New York City has 228,047 reported motor vehicle accidents in 2018, averaging 624 accidents per day. That means the NYPD receives 26 motor vehicle accident reports every hour, on an average day.
While not all, but many of these motor vehicle accidents cause serious injuries to innocent parties. And some of these crashes have claimed the lives of many New Yorkers. If there was the lowest reported level of car accident cases in more than a century, it would in 2018 where there were only 200 fatal car accidents in New York City.
Fatal car crashes may be on the decline, but mishaps involving motor vehicles are still causing a lot of harm. In June of 2019, the NYPD recorded 4,150 accidents that resulted in serious harm and left 20 people dead. Here’s the breakdown of car accidents that led to injury or death:
Even If you’re extra careful driving or riding a vehicle, there are still motorists who are reckless behind the wheel. And so, accidents still happen. That said, you can minimize the risk of involving in a car accident if you know where these mishaps mostly occur in New York. You can either:
Queens is New York’s most dangerous borough, with a record of more than 29% of all car accidents in the city. Manhattan and Brooklyn are the next most dangerous areas, accounting for 22 and 28 percent of motor vehicle accidents, respectively. The Bronx accounts for around 14% of NYC accidents, while less than 6% of accidents happen on Staten Island.
While Queens may have the highest number of crashes, it’s in the Bronx where catastrophic crashes occur, accounting for 29% resulting in injuries or fatalities. Next is Brooklyn with more than 28% of accidents resulting in injuries.
Queens, Staten Island, and Manhattan tend to be the boroughs with less serious accidents and fatalities. Queens and Staten Island account for 23 and 25 % of motor vehicle accidents, respectively. And Manhattan has less than 17% of car accidents that leave victims injured.
In New York City, some intersections are more dangerous than others. Here’s a list of dangerous intersections according to a study:
These intersections are known to be dangerous for drivers and passengers. But bicyclists and pedestrians have a higher risk of colliding with motor vehicles in these intersections as well.
The experienced New York City car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have prepared the following steps you should take after being involved in a motor vehicle accident in New York. If you follow these steps, not only it will help protect yourself it will also allow you to build a convincing personal injury and property damage case.
1. Call 911 immediately
2. Exchange information
3. File a car accident report
4. Take photos (and videos) but make sure to preserve accident scene evidence
5. Seek medical attention as soon as possible
6. Report the accident to your insurance provider
7. Speak with an experienced and knowledgeable trial lawyer about your rights
1. Call 911
New York law requires that you remain at the scene if you are involved in a motor vehicle accident. You should call the authorities and inform them if there are injuries or fatalities. Don’t leave the scene of the accident before the authorities arrive to investigate or they may charge you for hit and run.
While waiting for help to arrive, you should move your vehicle to a safe location whenever possible. If your vehicle is not operational, move to a safe area until the ambulance gets there.
Check if there are other people injured in the crash and notify the 911 operator of the medical care they require. Establishing the severity of other people’s injuries will ensure appropriate personnel are sent to the scene.
2. Exchange information
You are also required by the law to provide personal information to an investigating officer. You should give your:
It would be wise to obtain information from all drivers involved in the accident such as:
You can use this information if you choose to file an insurance claim later on. This also serves an additional source of compensation should other parties contributed to the accident that caused your injury.
3. File a car accident report
All drivers involved in the crash are required by the law to file an accident report within 10 days if there was injury, fatalities, and property damage over $1,000. You must fill out the form and make sure all the information you provide is accurate. Submit the form to the Department of Motor Vehicles. You need to send the form to:
Crash Records Center
6 Empire State Plaza
PO Box 2925
Albany, NY 12220-0925
You could be charged with a misdemeanor if you fail to file this report. Worse, your driver’s license or registration could be suspended.
Also, you should obtain copies of the other driver’s and the investigating officer’s accident reports. Submit your petition online or by mail with the Department of Motor Vehicles.
Before vital evidence is lost, cleaned up, or destroyed, you must secure all of them as much as you can while you’re still at the scene. Have someone (close to you) document everything that has happened if you have been severely injured. Vital evidence that might help your case are:
Be sure to keep all documents related to the accident such as:
You should not refuse medical treatment from emergency services dispatched to the scene. If the emergency services team did not transport you to the hospital for treatment, you should still visit your doctor as soon as possible to get a thorough evaluation of your injuries.
Because you feel fine after the accident has occurred doesn’t mean you’re not hurt. Some symptoms of injuries usually appear in the following hours or days after the accident. These symptoms include:
If you did not seek medical treatment after the accident, it may negatively affect your personal injury claim if you need to file one later. You should follow your doctor’s orders if he or she refers you for:
Remember, a gap in treatment may be used by the at-fault party’s insurance provider as significant evidence to deny your claim. They might argue that your injuries are not caused by the accident or your injuries are not severe enough to qualify for any medical intervention.
6. Report the accident to your insurance provider
You must immediately report your accident to your insurance company. A “Cooperation and Notice of Occurrence Clause” is included in most insurance policies. It simply requires you to inform them (should you be involved in an accident) and to cooperate with their investigation, regardless of who was at fault.
Remember to stick to the basic facts when you’re discussing the accident with your insurer. And try to avoid going into too much detail or else it could hurt your chance to recover the highest settlement amount possible.
Or better yet, you should let your personal injury attorney speak to them on your behalf.
After an accident, an injured party is expected to speak with their insurer as well as to the other drivers’ representatives and insurers. In many car accident cases, an insurance adjuster will try to reduce the amount of compensation by looking for any information they can use to shift some or all of the blame onto you.
This is why you need to hire a skilled and experienced car accident lawyer in New York to represent you. Our personal injury law firm will look out for your well-being and be there to protect you from those who will try to reduce or deny your valid personal injury claim. Contact us to discuss how we will get you what you’re owed.
The injuries innocent victims suffer from car accidents range from minor to severe. Injured parties may recover after a few weeks of medical treatment. In severe cases, victims may end up with permanent impairment or disability. The degree of injury usually depends on the type of accident plus the associated factors like weather conditions and speed of the vehicle.
The most common injuries caused by motor vehicle accidents are:
If your injury limits your physical or mental ability to complete routine tasks, care for your family, or return to work -- you have the right to hold the at-fault party accountable for your injuries. Long-term effects from car collisions can forever change your life and leave you with expensive medical bills and other related costs.
You shouldn’t have to pay for the expenses from the injuries you sustained from an accident. The negligent party that caused your accident and injury should be obligated to pay for all your losses.
New York State follows the No-Fault rule when it comes to car insurance. Under this rule, you must file a claim with your insurer to recover compensation that will cover your medical bills, out-of-pocket expenses, and associated costs.
Another type of coverage that all drivers and vehicle owners should have is Personal Injury Protection (PIP). Filing a PIP claim allows you to cover many types of expenses such as:
Note that PIP claims are not intended for vehicle and property damages. It is primarily used to cover economic costs associated with injuries caused by an accident. Likewise, you cannot pursue compensation for non-economic damages like emotional distress, pain, loss of enjoyment of activities, etc.
Keep in mind that there is a time limit to filing and submitting a No-Fault claim, which is within 30 days of the accident. This statute of limitations is strictly enforced. In some cases, an extension is granted provided that the claimant has a valid reason for failing to file within the deadline.
If your compensation does not cover all of your economic damages, or if you also want to seek non-economic damages, you may be entitled to file a claim with the insurance provider of the at-fault party. New York State law requires every motorist to secure liability coverage with a minimum of $10,000 for property damage and $25,000 for bodily injury.
You are eligible for this type of claim if your injury is severe such as:
The car accident lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP are familiar with PIP and liability insurance policies. We will evaluate all insurance policies to ascertain what coverage is available and whether you are entitled to compensation. Contact our law firm to schedule your free consultation so we can perform an assessment of your case.
If you were hurt or injured in a New York car accident, there are two rules the state follows with regards to recovering compensation. These are the state’s comparative negligence and no-fault insurance rules. These rules can affect how you seek damages for your injuries.
In a New York motor vehicle accident, insurance is the main source of compensation for those who are injured. Even so, your insurance provider will only pay up to the limits of your insurance policy. If compensation is inadequate to cover the cost of your injuries or your insurer denies your claim, you can seek compensation from all of the parties who caused the accident in the first place.
Under New York’s comparative fault rules, those who have contributed to the car accident can be held accountable for the resulting harm. And thus, you could file a lawsuit to demand money from a negligent:
In some cases, you might be able to pursue compensation from the state of New York, New York City, one of the 5 boroughs, or other government agencies.
In the state of New York, you must purchase auto insurance coverage if you own a vehicle. It will be the main source of compensation after a collision.
Under New York’s no-fault rules, you’ll have to pursue compensation from your insurance provider after you get into an accident. This rule applies even if someone else is responsible for the accident.
Remember, insurance companies are unenthusiastic about paying for the costs of your accident and injuries. They will do everything they can to deny your claim or look for ways to drive down its value.
The experienced New York personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP can level the playing field for you. Turning to our law firm for help gives you the advantage in negotiations. Moreover, insurers will no longer use their normal manipulative tricks and tactics. Rather than the risk of going up against our skilled and experienced trial lawyers, they will have to extend legal settlement offers.
Filing a car accident claim can be difficult and time-consuming. Don’t hesitate to contact us for help after you get hurt in a car crash. The car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP are always available 24 hours a day, 7 days a week, 365 days a year.
Several investigations will take place after your motor vehicle accident. Generally, police officers will be the first to arrive at the scene and investigate the crash. They will speak to the witnesses, take pictures, and piece together the events that led to the accident.
And then, they will write their conclusion of the investigation on an accident report, which will be filed with the Department of Motor Vehicles. Specifically, the report includes the at-fault party that caused the crash and any citations they issued against that party.
If you choose to hire a car accident lawyer in New York from Rosenberg, Minc, Falkoff & Wolff, LLP, we will conduct our own investigation. To identify all negligent parties that caused your injuries, we will collect relevant documentation as much as we can including:
Insurance companies will also do their investigation. They will review the evidence they find and the evidence we provide to determine who was at fault. Moreover, they might request additional statements and documentation from all parties to disprove ours or to support their theories.
It is extremely critical in a case like this to prove who was entirely responsible for the car accident. It will be a challenge for anyone to dispute if there is sufficient evidence.
Nevertheless, New York State follows a pure comparative negligence rule, which could reduce the amount of compensation you’ll receive. If proven that you have contributed to causing the accident, your total available compensation will be reduced by your percentage of the blame. For instance, if you sustained $100,000 in losses but contributed 20% of causing the accident, you will only recover a maximum of $80,000.
In conditions regarding car accidents, negligence can arise from several situations. Driver error or negligence is the most common cause of car accidents. The common driver error seen in auto accidents lawsuits are:
The number of motor vehicle accidents due to a distracted driver has increased in these modern times. Common ways that can distract a driver are:
Failure to properly upkeep a car, truck, or bus is another area of motor vehicle accident litigation that is commonly seen in the commercial setting. This form of negligence is often seen in many car accident litigation every day. Also, these lawsuits usually involve the breakdown of certain parts of the vehicle as a result of the owner’s or the service company’s failure to conduct service and maintenance tasks.
This form of negligence often leads to catastrophic damages. Failure to properly lubricate the bearings would result in the entire wheel assembly disengaging from the vehicle while driving.
External factors that affect the driver of the vehicle are a special class of automobile accidents, which are commonly known as “roadway defect cases”. This may involve the roadway design itself such as:
Product liability is a unique class of litigation involving car accidents. This lawsuit revolves around the defects of the vehicle involved that caused the accident and the resulting harm. These defects often include:
In most cases, it is not the manufacturing defect or design that caused the actual accident, but defects can cause sustained injuries from the accident to be far worse. Here are some of the well-known design defects:
In some cases, an automobile accident is caused not by a single party but by multiple parties. And in fact, multiple factors can cause or contribute to a car accident. One of the most common negligent parties that contributed to the accident in the injured party themselves.
In such cases, instead of denying the injured party any recoverable compensation, the jury is allowed to compare the degree of the injured party’s contribution to the accident against that of the at-fault party. The compensation awarded to the injured party is adjusted according to their degree of comparative negligence.
Simply put, if the jury finds that the injured party is 30% responsible for the accident, the jury can reduce the amount of compensation awarded to the injured party by 30%. In some cases when the jury finds the injured party 100% responsible for the car accident, the injured party will not be compensated at all no matter how catastrophic their injuries are.
The car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have helped thousands of families who suffered from catastrophic auto accident injuries due to someone else’s negligence. To accurately evaluate what the costs will be for the remainder of the victim’s life, we will retain financial professionals such as:
They will help us derive fair resolutions for car accident victims. And also because every car accident case has its own set of monetary costs such as:
Non-economic damages, which are extremely difficult to calculate, can provide compensation for more personal losses such as:
Experienced trial lawyers at our firm will represent you to recover full and fair compensation you rightfully deserve. If insurance companies will not offer you sufficient settlement to cover all of your losses, we will immediately bring your case to trial.
Our highly skilled personal injury attorneys have helped secure almost $1 billion of damages won through jury verdicts and settlements. A significant percentage of the total secured compensation is from personal injury claims stemming from motor vehicle accidents.
In the United States, the most common causes of injury and death each year is due to motor vehicle accidents. Despite significant improvements in safety and technological advancements in vehicles and road designs, motor vehicle accidents are quite common. The most common type of tort or wrongful conduct cases that attorneys file these days are mostly car accident claims and lawsuits.
That being said, not every motor vehicle accident in New York will result in a lawsuit. If a car accident victim did not sustain any injury or if the injuries are not deemed serious, New York’s No-Fault laws will control any bodily injury claims and restrict recovery of compensation. Contrarily, the more serious the injury sustained due to a car accident, the more likely a fair compensation can be recovered.
Filing a lawsuit takes time, complicated, and requires you to follow strict deadlines and procedures. The New York car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP are well-equipped to handle even the most complex of cases. Nevertheless, we will walk you through every step of filing a car accident lawsuit in New York.
First, we will start by preparing legal documents. Our personal injury law firm will need to set up a complaint and summons first. A complaint will provide information associated with the case. A summons will inform the defendant about the lawsuit as well as the requirement to appear in court on a particular date.
The defendant has 20 to 30 days to respond starting from the date we filed the complaint and summons. They will respond by filing an answer with the court, which includes their response to the allegations included in our complaint. Moreover, they will have to declare if they have intentions of filing a counterclaim against you.
The discovery procedure begins soon after the defendant gives their response. It is a lengthy process where the plaintiff and the defendant obtain and exchange documents connected with the case. These documents may include evidence such as:
Discovery could also include scheduling depositions, where the plaintiff and the defendant must state the case under oath.
At a certain time, we might schedule a mediation and try to settle your case before it goes to litigation. This is an opportunity to discuss with the defendant and their lawyer about monetary damages and agree to the compensation. If we can settle your case, we won’t have to proceed in court. Otherwise, we will have to go forward with the litigation.
It is an unfortunate reality that many of today’s drivers don’t have enough insurance coverage to compensate the victims of their negligent behavior. Under these circumstances, the victims can seek compensation under their car insurance policy. Known as the UM/SUM coverage, it takes effect under these circumstances:
1. The negligent operator of the vehicle has minimal insurance.
2. The negligent operator of the vehicle has no insurance.
Unique, technical laws exist which oversee the capacity of an injured party to recover damages under situations where the negligent driver either has minimal insurance coverage or no insurance at all. Often, victims of motor vehicle accidents will find it difficult to obtain compensation if the negligent driver is uninsured.
If an injured person has uninsured motorist coverage through his car insurance policy, he may still recover compensation even if the negligent driver who caused the accident fails to carry insurance. Or if it’s a hit and run accident where the driver cannot be identified.
It is quite common that many negligent drivers carry insurance with inadequate coverage. And if they are under-insured, their coverage is most likely at the minimum level required by state law.
Under the laws of certain states, car accident victims can still protect themselves if they are involved in an accident caused by a negligent motorist who carries insufficient insurance coverage. Under these circumstances, an injured party is allowed to purchase additional coverage through their insurance provider.
After you are injured in a car accident in New York City, one of the most important things to do is to partner with a car accident lawyer NY like those at Rosenberg, Minc, Falkoff & Wolff, LLP. By consulting with an attorney, you will be able to hand off a significant amount of stress so that you can focus on recovering from your injuries with as little stress or worry as possible, knowing that there is an experienced car accident attorney in NYC fighting for the money you deserve.
Contact us now to schedule a free initial consultation with our legal team, where you will be able to talk about your accident, the steps you have taken, your injuries, and much more. This call is intended to give both of us a better idea of how we will be able to most-effectively work together but additionally can give you peace of mind knowing about the options that are available to you.
The following questions are just a few of the common issues that we are happy to work through during your initial consultation and then get into details about during our work together. No two situations will result in the same answers, so it is absolutely essential that you and your legal team explore every factor that goes into your unique accident before making a final determination and strategy.
Injuries that someone sustains in a car accident in New York City fall under a three-year statute of limitations, meaning that you have three years from the date of the accident to file a lawsuit. However, there are certain situations, such as a late-onset injury that took a while for you to notice, that can warrant an extension of this statute.
This is one of the central questions of any personal injury case and requires extensive research and calculation in order to get a sense of the true cost and impact of your accident. These impacts, known as damages, can be both economic and non-economic in nature and seek compensation for things like your income and debts, but also for the emotional turmoil and physical pain that a victim endures from an injurious accident.
We will need to go through the specifics of your finances, your medical expenses, and many other financial factors before determining your economic damages. Once the economic damages are established, this amount will play a significant factor in how we determine the method to calculate your non-economic damages.
In purely legal terms, you do not need an accident injury attorney in new york while dealing with a car accident injury claim, much as you do not need an attorney for anything in the United States if you choose not to accept legal representation. However, the U.S courts and the U.S. legal system are so complex that every criminal is given the constitutional right to a lawyer, even if they are unable to afford one. This is just one indication about how important an attorney can be.
While you are recovering from your injuries, one of the biggest mistakes that you can make is to take on a significant amount of stress, since it will adversely affect your recovery. Give us a call Rosenberg, Minc, Falkoff & Wolff, LLP today at 1-800-660-2264 or contact us online.
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