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New York City Car Accident Lawyer

Call Now: 1 (800) 318-8888
New York City Car Accident Lawyer
GREGORY SPEKTOR, ESQ.

Car accidents can cause a range of injuries, from minor bruises to severe head and spinal trauma. Seeking immediate medical attention and legal support is crucial for recovery and compensation.

If you have been in a car accident and are unsure how to proceed, it may be advisable to retain a skilled New York car accident lawyer, such as the ones at Gregory Spektor & Associates, to help you potentially identify a path toward compensation for your injuries.

With over 16 years of combined experience, an experienced lawyer from Gregory Spektor & Associates P.C. has a successful track record of helping accident victims secure the compensation they deserve for their economic and non-economic damages.

Our NYC personal injury lawyers offer free consultations to all prospective clients from New York. Email or call 1 (800) 318-8888 today to set up your free consultation.

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How Can A New York Car Accident Lawyer Help You?

A New York car accident Attorneys provide essential assistance in several ways:

  • Legal Guidance: They explain your rights and options clearly and concisely so you can understand your case’s legal processes.
  • Investigation: They thoroughly investigate the accident by collecting evidence, interviewing witnesses, and reconstructing the scene to establish liability.
  • Insurance Negotiations: They handle communications with insurance companies to ensure you receive fair compensation, preventing insurers from offering low settlements.
  • Filing Claims: They file necessary claims and paperwork accurately and on time, adhering to New York’s specific legal requirements.
  • Representation in Court: If a fair settlement cannot be reached, they represent you in court, presenting a strong case to seek the compensation you are entitled to.
  • Calculating Damages: They assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future costs, ensuring you obtain fair compensation.
  • Expert Connections: They have connections with medical professionals, accident reconstructionists, and other experts who can support your case.
  • Peace of Mind: Handling the legal complexities allows you to focus on recovery, reducing stress during a challenging time.

Our New York City law firm works to ensure that our clients get the justice and compensation they deserve. We know how traumatic it is to experience a severe auto accident and the various injuries and losses that can affect your financial stability.

In addition to serving clients across New York City, our team of experienced Car accident lawyers includes dedicated Bronx, Brooklyn, Staten Island, and Queens, each equipped to handle the unique challenges of auto accident cases in their respective boroughs.

Outstanding Results Obtained By Our Car Accident Attorneys

Our experienced lawyers have achieved outstanding results and fair settlements for clients in New York. Let’s take a glimpse at some of our notable settlements.

  • A $1,850,000 settlement was obtained in a car accident case where the passenger suffered from L5/S1 lumbar spine fusion and required arthroscopic knee surgery and hip surgery. They were offered an initial settlement of $75,000. However, our experienced New York accident lawyers helped them obtain a fair settlement for their damages.
  • Our efficient lawyers obtained a settlement of $1,500,000 in a car accident case where the victim suffered from cervical spine fusion at C4/C5 and C5/C6 with arthroscopic knee surgeries on both knees.
  • A $1,500,000 settlement was issued in a car collision claim where the initial settlement was denied. Our experienced auto accident lawyers assessed the situation and made the victims win a huge settlement for their losses.
  • A $1,500,000 amount of compensation was granted to a car accident victim who was suffering from cervical spine fusion at C6/C7 and multiple second-degree burns.
  • Our experienced law firm helped an accident victim who sustained C5/C6 cervical spine fusion and required arthroscopic knee surgery win a settlement amount of $1,410,000 where the initial amount was only $10,000.
  • A car accident victim who was struggling with severe Cervical spine fusion at C5/C6 received a compensation of $1,000,000 where the initial settlement offered was just $50,000.
  • Our lawyers have also won a settlement amount of $1,000,000 in car accident cases where there was no hope for the victim to receive compensation.
  • A car accident victim who was struggling with a Tibia or Fibula Fracture that required surgery also received a hefty compensation amount of $900,000 with the guidance of our car accident lawyers.

What Should You Do After a Car Accident in New York?

If you have been involved in a motor vehicle accident in NYC, there are critical steps that you should take to help ensure the best possible outcome for your car accident claim.

Remaining at the Scene of the Auto Accident

New York law requires that all parties remain at the scene of car accidents for validation purposes. Leaving the scene may result in an arrest warrant being issued because you may be considered a “hit and run” driver. This will most certainly complicate your personal injury claim. As such, you should never flee the scene of a car accident, regardless of who was at fault.
Auto Accident Attorney

Calling the Police

After a New York City accident has occurred, if possible, move the vehicles to the side of the road (out of the way of traffic) and wait for assistance to arrive. If it is not possible to move the car due to injuries sustained or damage to the vehicle rendering it inoperable, then call 911 and other relevant first responders to assist you and the other driver at the scene of the accident. The police will conduct a short investigation at the scene of New York City car accidents and fill out a report (MV104-AN).

Seeking Medical Attention

After the motor vehicle accident, it is imperative that any injured parties receive medical attention as soon as possible. Any severe injuries should be treated immediately – the police will find you to fill out the report. If you can wait for the police, make a point of seeing the doctor immediately after the police conduct the investigation.

Not Apologizing or Admitting Fault

One thing you should never do at the scene of a car accident is to admit fault or apologize for the incident. Car insurance companies will very likely use the apology against you and attempt to deny you the compensation you deserve for the other party’s negligence. Refusal to speak about the accident to anyone other than the police, a medical team, and your lawyer can help minimize the risk of admitting fault after a collision.

What causes car accidents in New York?

In general, New York car accidents may result from driver negligence or intentional wrongdoing, or sometimes mechanical problems in a vehicle. Some of the common causes are as follows:

1. Distracted Driving

Distracted driving is one of the most common causes of car crashes. This typically happens when New York drivers become too preoccupied with their electronic devices, texting, or taking calls – all of which may distract their focus behind the wheel.

2 . Speeding and Other Traffic Violations

Car accidents usually happen when the impatient or otherwise drivers fail to abide by traffic rules. Potential violations include running red lights or stop signs, speeding, improper turns, or driving on the wrong side of the road. In the event of a collision, these infractions may result in severe injuries to drivers, passengers, and pedestrians, or even death in extreme cases. Property damage is also a common outcome.

3. Drunk Driving

History has demonstrated that driving under the influence (DUI). i.e., drunk driving, can prove to be disastrous and may even cause what the law describes as a victim’s wrongful death. Nearly 30% of fatal car crashes in New York are alcohol related. To protect everyone on the road, the life lesson here is to never drink and drive or get in a vehicle operated by an impaired motorist. Instead of getting behind the wheel, impaired drivers should call a cab or an Uber or ask a sober friend to drive them home.

4. Poor Weather Conditions

Poor weather conditions such as fog, rain, sleet, or snow may worsen driving conditions. In these circumstances, roads may become slippery with low visibility. Therefore, drivers must be extra cautious while driving in inclement weather.

5. Vehicle Issues

Vehicle defects can also sometimes cause car accidents. In such cases, the injured victim may potentially pursue compensation from the car manufacturer and/or parts manufacturer although establishing product liability, if at all, can be highly technical and arduous. Drivers who fail to keep their vehicles in good operating condition may also be deemed liable in some accident scenarios.

6. Reckless Driving

When drivers in New York engage in reckless or aggressive driving, accidents that result in personal injury may happen. Misbehavior of this nature which can also result in police citations may include excessive speed, weaving through traffic, tailgating, and ignoring traffic signals.

Common Injuries from Car Accidents in NYC

The kinds of injuries – some of which are life-changing — that drivers, passengers, and/or pedestrians may experience in a New York City car crash include the following:

  • Spinal cord injury
  • Traumatic brain injury
  • Bone fractures
  • Burns
  • Paralysis
  • Neck injuries
  • Whiplash
  • Facial trauma
  • Leg and foot injuries
  • Post-traumatic stress
  • Loss of limbs
  • Wrongful death

Types of Car Accidents in New York City

There’s over a million different ways accidents can happen in the Big Apple.

  • Intersection collisions: a type of car crash that occurs when a driver does not adhere to traffic lights or stop signs at an intersection.
  • T-bone accidents: usually a type of intersection collision where a car is struck from the side by a vehicle coming from an intersecting road.
  • Head-on collisions: happens when two on-coming drivers collide at high speeds by the hood of the vehicle.
  • Hit-and-run accidents: occurs when a driver hits another vehicle, or multiple vehicles, and flees the scene without exchanging information with the other drivers.
  • Highway mergers: occurs when two cars collide with each other by improperly merging onto the highway.
  • Rear-end crashes: when a driver is struck from behind by another vehicle.
  • Speeding accidents: happens when a driver has been driving aggressively or far in excess of the speed limit and collides with a vehicle in the same or different lane, or because they were unable to slow down.
  • Sideswipe accidents: when the sides of two vehicles collide or come into contact while driving in either the same or opposite directions.
  • Improper turn crashes: these occur when a vehicle turns without having the right of way (such as a no-turn-on-red sign) or turning and striking a pedestrian who is given the right of way.
  • Parking lot accidents: occur when a driver is attempting to park into a space or back out of a space and strikes another vehicle or pedestrian by ignoring their rear-view blind spots.
  • Drunk driving accidents: these happen when a driver’s BAC exceeds the normal limit and strikes another vehicle or pedestrian.

Accident statistics in each of the five boroughs of NYC can be viewed on the NYPD’s interactive map which shows the traffic injury and fatalities that result from crashes in the city.

What Types of Damages You Can Pursue in a Car Accident Claim?

There are two major types of compensatory damages you may be eligible for following a car accident in New York City: economic and non-economic damages.

Economic Damages

Economic damages cover all financial losses and expenses incurred because of a car crash. The monetary damages may include:

  • Medical bills: transportation to and the stay at the hospital, surgery, diagnostic tests, medication
  • Future medical expenses such as the cost of medical devices, follow up care, and medical equipment
  • Nursing care
  • Loss of wages and income
  • Rehabilitation and physical therapy
  • Cost of repair or replacement of damaged property
  • Low earning capability
  • Permanent or temporary disability

Non-Economic Damages

Non-economic damages refer to the losses associated with things that are not as easily quantifiable as medical expenses and lost wages. Although they are difficult to assess financially, you may be entitled to non-economic damages depending on the facts and circumstances of your particular situation. This type of damage can include pain, emotional anguish, humiliation, damage to reputation, loss of enjoyment and/or consortium, and worsening of prior injuries.

In a similar manner to economic damages, non-economic damages can seriously impact your life in a negative way.

Punitive Damages

In general, if you or a passenger in a vehicle were injured in a collision due to the actions of a third party, you could be eligible for monetary compensation for damages that resulted from such an accident.

However, and in very limited circumstances, a court, at its discretion, may award punitive, also known as exemplary, damages if the responsible party’s actions were willful and wanton or intentional.

Such damages may not be awarded where the at-fault party is only negligent. These damages are not meant to compensate the party for any particular damage, but, rather, to punish the wrongdoer for malicious behavior. For an accident to be deemed deliberate, it must be:

  • Willful and wanton Or malicious conduct aimed at the public generally, activated by evil or reprehensible motives. Dolan v. Morales, 8 Misc. 3d 1013(A), 1013A

How Long Do I Have to File a Car Accident Injury Claim in NYC?

New York state has a statute of limitations of three years from the date of the accident for personal injury cases. This means that from the time of the wreckage, you have up to three years to file your personal injury claim.

Although you have this window of time to file car accident cases, our New York City law firm recommends that victims of motor vehicle accidents file their claims as soon as possible. This ensures that all evidence can be gathered immediately, witnesses will have a clear memory of the accident, and you will have the best possible chance of a successful outcome.

New York City Car Accident Statistics

In just the first six months of 2024, New York City has seen 20,642 crashes, 141 fatalities, and 27,843 injuries. Driver inattention was the leading cause of these accidents, with 6,366 crashes resulting.

While the total number of car accidents citywide is less than the first 6 months of 2023 (21,344), there has been a slight increase in the number of fatalities (from 139 killed). However, the number of injuries decreased by nearly 2,000. 

Brooklyn continues to be one of the most dangerous boroughs in NYC, with a total of 6,474 crashes, 36 fatalities, and 8,790 injuries in the first six months of 2024.

 

Borough Number of car accidents Percentage of car crashes
Brooklyn 6,474 31%
Queens 5,532 27%
Bronx 3,012 15%
Manhattan 2,981 14%
Staten Island 9,33 <1%

NYC Car Accidents Resulting In Fatalities

Hundreds of people get injured or tragically lose their lives in New York City car crashes each year. In just the first six months of 2024, NYC saw 141 fatalities. Here is a recent year-by-year breakdown:

 

Year Number of fatalities
2023 261
2022 270
2021 284

 

Motor- Vehicle Collisions Causing Injuries & Fatalities In NYC In 2024

In the first six months of 2024, the number of total collisions reported in NYC which caused injuries amounted to 20,642. Among those injured were motorists, bicyclists, and pedestrians. Let’s take a closer look:

 

Injured Person Total People Injured Fatalities
Motorists 20,409 64
Bicyclists 2,526 13
Pedestrians 4,908 64

NYC residents and visitors should also take into account roads that are dangerous and proceed with caution.

Some dangerous roads where most collisions happen are as follows:

 

Dangerous Roads County in New York
Ludlow Street and Rivington Street Manhattan
Tillary Street and Flatbush Avenue Brooklyn
2nd Avenue and East 59th Street Manhattan
Bushwick Avenue and Jamaica Avenue and the Jackie Robinson Parkway Queens
Jay Street & Tillary Street Brooklyn
East 138th Street and Alexander Avenue The Bronx

 

How Much is My Car Accident Case Worth?

Determining the exact worth of these damages and how much compensation you deserve is challenging.

Going through a New York City car crash and sustaining serious injuries will impact your life and your ability to complete daily activities. However, an experienced New York City car accident lawyer can help you determine the value of your claim based on a number of factors, including, but not limited to, lost income, medical expenses, and pain and suffering that resulted from the accident.

Some of the most common considerations that your New York City auto accident lawyers will factor into their determination of compensation for your case include:

  • The seriousness of injuries that were sustained
  • Need for surgery or hospitalization
  • Need for rehabilitation or physical therapy
  • Future medical bills
  • Ability to return to work following recovery
  • Ability to earn the same level of income
  • Damage to the vehicle
  • Emotional and mental suffering and depression
  • Effect on your ability to complete daily activities
  • Need for assistance in regular tasks such as eating, bathing, and personal care
  • Wrongful death of a passenger or pedestrian

If you have been involved in a crash caused by distracted driving, recklessness, DUI, or any other kind of negligence on the road, contact Gregory Spektor & Associates to discuss your situation and determine the level of compensation you may be eligible to pursue.

Can You Be Sued for a Car Collision if You Have Insurance?

The law requires that all vehicles on New York City’s roads be insured in case of accidents so that injured parties can be compensated. New York is a no-fault state, so most of the time, the responsible party will not be sued and a claim will be made with the injured party’s insurance company.

However, to the extent that damages exceed the basic economic loss addressed by the no-fault insurance remedies, a party may potentially recover economic damages.

According to the Insurance Law Section 5104, a party can recover for non-economic damages only if they arise from a serious injury, such as death, significant disfigurement, a fracture, the permanent loss of use of a body organ or function, the permanent consequential limitation of use of a body organ, or a medically determined injury or impairment that is not permanent but prevents the victim from performing the material acts that constitute their usual daily activities for at least 90 days during the 180 days immediately after the crash.

In addition to no-fault insurance, vehicle owners must also obtain liability insurance and uninsured motorist insurance. New York law requires at a minimum $10,000 in property damage liability protection, $25,000 for bodily injury to one person ($50,000 for death of one person) per accident, and $50,000 for bodily injury to two or more people ($100,000 for death of two or more people) per accident. Uninsured motorist coverage must be provided in the same amounts as the minimum limits for bodily injury liability insurance.

Who Is at Fault in a Car Accident When Backing Up?

Auto accidents commonly occur when backing up from a parking space. Rear-end collisions in parking lots are a common type of collision in New York, where most people park on the side of the road, which increases the risk of backing up into someone who is not paying attention.

The state of New York has a comparative negligence law in place, which means that an injured party may be compensated to the extent that they are deemed not at fault for the accident. For example, if a victim were 30% percent at fault in a car accident, and economic damages totaled $100,000, then the victim’s damages would be diminished by $30,000.

Our experienced car accident attorneys at Gregory Spektor & Associates will work diligently to ensure your rights are protected. If you are unsure who was responsible for the collision, talk to an experienced attorney at our law firm to ensure that you are not held liable for something you did not cause.

Who Is at Fault in a Parking Lot Collision?

Most parking lot accidents involve pedestrians, which may occur at the driver’s fault. Determining who is responsible for a parking lot collision can be a complex undertaking. Therefore, you need representation from an experienced New York City car accident attorney.

Some of the motor vehicle accident cases we have handled include:

  • A motorist who was reversing out of a driveway and collided with another driver
  • Two vehicles that backed up and hit one another
  • A motorist who was backing up and collided with a moving vehicle
  • A motorist who hit a parked vehicle when reversing or backing up

It can be difficult to determine who was at-fault in almost all these situations unless the driver hit a parked vehicle. When the accident involves two moving vehicles, determining who was at-fault can be a challenging process.

Unless video footage surveillance can be obtained, it may not be easily determined which driver was at-fault. The defending counsel and law enforcement may not reach a clear decision if the parties involved present different accounts of the same scenario.

Should Injury Victims Hire a Lawyer After a Car Crash?

You should seek out legal representation if you have been involved in a collision. Even if you are the victim of someone else’s negligence, you can’t always assume that you’ll be given a fair settlement, unless you have an NYC car accident lawyer on your side.

Car accident cases can be complex, and you will have to deal with the responsible party, your insurance company, and the negligent party’s insurance company. Fatal crashes can be especially traumatic events and result in stress, emotional distress, and injuries to you and your family. You should not have to deal with insurance matters when you should be focused on your recovery process.

When you are injured as the result of someone else’s negligent driving, you should be compensated for your medical bills, court fees, or other expenses as a result of the accident. Consulting with an attorney will help ensure that you get the legal advice and representation that you need for your car accident case.

How Much Does a New York Car Accident Attorney Cost

Anyone injured in a motor vehicle crash should promptly hire an experienced lawyer. Most accident lawyers work on a contingency-fee-basis rather than billing a client hourly or on a retainer. If you are the injured party, this means that you do not have to pay your attorney unless or until you receive compensation, i.e., money damages.
A car accident lawyer generally charges 33% of the total financial recovery as the contingency fee when the case is resolved. The amount may differ, however, based on the individual lawyer or law firm and the complexity of the case. Therefore, you should always inquire about legal fees during the initial consultation.

Contact Car Wreck Lawyer For Legal Representation

Have you or a family member recently been involved in a car accident in New York? At Gregory Spektor & Associates, our New York car accident lawyers will help you recover the damages you are entitled to so you can get back to living your life.

We have proven case results for verdicts and settlements. Call us at 1(800) 318-8888 for a free case review to claim the compensation you deserve.

FAQ on Car Accidents In New York

1. Can You Sue For A Car Accident In NYC?

Yes, you can sue the responsible driver for negligent behavior after a car accident in New York. Most car accidents occur due to negligence. If the lawsuit is filed in such cases, you need to establish the four elements of negligence

2. How Long Does An Insurance Company Have To Settle A Claim In NY?

In New York, the insurance company may take 15 business days to settle a claim. However, the time may vary as the company may have to comply with certain obligations under New York laws. The victim must ensure there are no unnecessary delays on account of the insurance company.

3.What Happens If I’m At Fault In A Car Accident In New York?

As New York is a no-fault insurance state, the insurers are given reimbursement by the insurance company for the injuries and damages without considering who caused injuries in the accident.

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