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Automobile Accidents

New York Lawyers

Automobile accidents can be extremely stressful, whether you are operating or riding in a motor vehicle. At all times your sense of awareness must be on high alert for other vehicles, pedestrians and road conditions that can change at any moment. According to the Institute for Traffic Safety, the preliminary automobile crash report for New York State in 2023 resulted in over 230,000 accidents, of which nearly 50,000 were reported in the five boroughs of New York City.

Automobile Accidents
Common Automobile Accidents Include:
  • Aggressive driving or road rage;
  • Intoxication and impairment;
  • Cell phone for texting or calls;
  • Speeding;
  • Failing to observe;
  • Failing to yield the right of way;
  • Falling asleep at the wheel;
  • Following vehicles too closely;
  • Passing cars improperly;
  • Disregarding traffic signals;
  • Making improper turns;
  • Inexperienced driver;
  • Changing lanes improperly;
  • Backing up without looking.
No-Fault and Serious Threshold of Injury Law:

New York State follows what is known as “no-fault insurance” law (sometimes referred to as “personal injury protection insurance” or “PIP”) . That means regardless of who was at fault for the accident, your medical expenses and lost wages will be covered by the insurance company if the laws have been followed correctly.  

Article 51 of the insurance law states that in order to pursue a lawsuit for  personal injury from an automobile accident, you must establish a basic economic loss exceeding $50,000 or have suffered a “serious injury.”  Serious injuries are defined as follows:

  • Death;
  • Dismemberment;
  • Significant disfigurement;
  • A fracture;
  • Loss of a fetus;
  • Permanent loss of the use of a body organ, member, function or system;
  • Permanent consequential limitation of the use of a body organ or member;
  • Significant limitation of the use of a body function or system;
  • A medically determined injury or impairment of a non-permanent nature which prevents the injured party from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety (90) days during the one hundred and eighty days (180) immediately following the occurrence of the injury or impairment.
 
No-Fault regulations require you to file a claim within 30 days of your accident.
Need Help?

If you were involved in an automobile accident, let us help guide you through the legal process.  Contact us now for a free consultation.