Car Accidents

In New York, car accidents are unfortunately common. According to statistics published by TRIP.org, in 2023, the number of traffic-related fatalities in New York reached 1,472, marking an increase of 15% compared to five years prior. The state's total economic loss due to fatal and serious crashes was estimated at $135.4 billion, which includes both direct economic costs and the societal costs related to loss of life and long-term injuries. Most car accidents are caused by negligence and are entirely preventable. Drivers who are careless or fail to follow traffic laws put everyone at risk on the road. Whether it's distracted driving, speeding, or driving under the influence of alcohol or drugs, negligence is a leading cause of traffic collisions. Under New York law, those whose negligent actions cause accidents can be held liable for the damages and injuries resulting from the crash. Victims of car accidents may pursue compensation through personal injury lawsuits to cover medical expenses, lost wages, pain and suffering, and other financial losses. Knowing your rights and understanding the steps you should take after an accident is crucial. Consulting with an experienced New York car accident lawyer can help you navigate the complex legal process, protect your rights, and ensure that you receive the maximum compensation to which you are entitled.

Car accidents happen for various reasons and in many ways. Below are some of the most common types of car accidents and what often leads to them:

• Rear-End Collisions. Rear-end collisions occur when one vehicle hits the back of another. They are often caused by distracted driving, following too closely, or sudden stops. For example in Passos v. Mta Bus Co., 13 N.Y.S.3d 4 (N.Y. App. Div. 2015). On May 3, 2010, a multi-vehicle rear-end collision occurred on Second Avenue, involving DiPaoli’s car, the Passos truck, and an MTA bus driven by Moses. DiPaoli, who was stopped at a red light, was struck twice from behind—first by Passos's truck and then by the MTA bus. Under New York law, when a stopped vehicle is rear-ended, there is a presumption of negligence on the part of the rear driver. In this case, plaintiffs argued that the MTA bus driver was negligent for failing to maintain a safe distance. While the court agreed that there is a presumption that that the following car was negligent, it also noted that this presumption could be rebutted if the rear vehicle provided a valid non-negligent explanation for the collision.
• Head-On Collisions. Head-on collisions occur when two vehicles collide front to front. They may result from drivers being on the wrong side of the road, impaired driving, or losing control of the vehicle. In Gordon v. Calderon, 2020 N.Y. Slip Op. 34892 (N.Y. Sup. Ct. 2020), Alexa Gordon filed a personal injury lawsuit based on a head-on collision involving a vehicle driven by Adelso Calderon and owned by Cinelouise Crisp. Gordon alleged that Calderon’s negligence caused him to veer into her lane, resulting in a severe crash. The accident caused significant injuries to Gordon, prompting her to seek damages for the physical and financial harm she suffered. Filed in the Supreme Court of Rockland County, the case addressed liability issues and procedural matters related to the incident. Head-on collisions, such as this one, often lead to serious injuries and extensive property damage, underscoring the severe consequences of negligent driving.
• Side-Impact Collisions. Side-impact collisions, or T-bone accidents, occur when the front of one vehicle strikes the side of another. These crashes frequently result from running red lights or stop signs, as illustrated by a tragic accident in West Babylon, New York. On September 21, 2024, Michael Desmond, 33, ran a red light in his 2017 Kia sedan and collided with a 2025 Kia Seltos carrying five teenagers. According to USA Today (Saleen Martin, Sept. 25, 2024), Desmond and 18-year-old Riley Goot died at the scene, while the Seltos driver, Bella Trezza, 17, succumbed to her injuries after being placed on life support. Three others, including Trezza’s brother Austin and friends Jack Murphy and Anthony Pagliuca, sustained serious injuries requiring extensive medical care. This devastating crash highlights the life-altering consequences of running red lights.
• Multi-Vehicle Accidents. Multi-vehicle accidents, or chain-reaction crashes, involve three or more vehicles and frequently occur on busy highways due to tailgating, speeding, or sudden traffic changes. One such crash happened on November 21, 2024, on the Brooklyn-Queens Expressway (BQE) near the Kosciuszko Bridge. According to News12 Brooklyn (Melissa Rose Cooper, Nov. 21, 2024, 5:28 PM), three cars collided during rainy weather around 11 a.m., with one vehicle overturning. A 75-year-old man was transported to the hospital but succumbed to his injuries. A 9-year-old girl, seated in the back of a taxi, was critically injured, while at least three others sustained injuries. This tragic accident highlights the risks of multi-vehicle collisions, particularly in adverse weather.
• Pedestrian Accidents. Pedestrian accidents occur when a vehicle strikes someone on foot and are often caused by distracted driving, failing to yield, or ignoring crosswalks. These accidents have become a significant concern in New York City. For example, on October 24, 2024, 13-year-old Niyell McCrorey was struck by a car at Manhattan Avenue and Cathedral Parkway. Despite spending a week in the pediatric ICU, she died from her injuries. Her family has since urged drivers to slow down and be more cautious. In another incident, a 66-year-old man was killed by a Toyota RAV4 in Harlem on November 3, with the driver fleeing the scene. According to Eyewitness News, these deaths reflect a troubling trend, with over 200 pedestrian fatalities reported this year and a 3.2% increase in pedestrian collisions, bringing the total to 7,027 incidents in 2024 (Yang, 2024).
• Rollover Accidents. Rollover accidents occur when a vehicle flips over. Speeding, sharp turns, and high center-of-gravity vehicles like SUVs are common factors. Rollover accidents are known for their high risk of severe injuries and fatalities, often due to the force of impact and vehicle instability during such events. Injured victims have often named vehicle manufacturers as defendants. For example, Richards v. Ford Motor Co., 2014 N.Y. Slip Op. 33414 (N.Y. Sup. Ct. 2014) was a personal injury and wrongful death case that involved a rollover accident that occurred on September 18, 2010, involving a 1997 Ford E-350 van. The passengers in this incident sustained serious injuries, leading to personal injury and wrongful death claims. The plaintiffs alleged that the van’s design, particularly its high center of gravity, contributed to its instability. Additionally, a tire manufactured by Cooper Tire is claimed to have failed due to tread separation, which may have been a factor in the rollover. This lawsuit highlights the potentially devastating effects of rollover accidents and the importance of vehicle safety and maintenance in preventing such incidents.

Understanding the type of accident you were involved in can help when determining fault and liability. A skilled New York car accident lawyer can guide you through this process.

After a car accident, knowing what to do can protect your rights and support your claim. Following these steps can make a difference:

1. Call for Help. Contact the police and report the accident. A police report can be valuable for your claim for your injuries and property damage.
2. Seek Medical Attention. Seek medical attention immediately after an accident, even if you feel fine. Adrenaline can mask injuries, and some conditions, like internal bleeding or concussions, may not show symptoms right away. Prompt evaluation ensures early detection and documentation of injuries, which is critical for your health and any future legal claims.
3. Gather Information. Exchange contact and insurance information with the other driver. If there are witnesses, collect their details as well.
4. Document the Scene. If your able to, take pictures of the vehicles, the scene, and any visible injuries. This evidence can be useful later.
5. Notify Your Insurance Company. Report the accident to your insurance provider promptly. Be honest and provide the facts.
6. Do Not Admit Fault. Avoid admitting fault at the scene of an accident or afterward, even if you believe you may be partially responsible. Statements like “I’m sorry” or similar remarks can be misconstrued as admissions of fault and potentially harm your case. Stick to factual information and let investigations determine liability.
7. Consult an Experienced New York Car Accident Lawyer. Before speaking with insurance adjusters or accepting any settlement offers, seek legal advice. An experienced New York car accident lawyer can help protect your rights and ensure you receive fair compensation.

In New York, the statute of limitations for filing a personal injury claim from a car accident is generally three years from the date of the accident, as per N.Y. C.P.L.R. § 214(5). For wrongful death claims resulting from a car accident, the statute of limitations is two years from the date of the victim’s death, as specified in E.P.T.L. § 5-4.1. It’s of utmost importance to act promptly, as failure to file within these periods typically bars recovery. Exceptions may apply in specific circumstances.

Compensation for car accident injuries in New York is generally available only to victims who have suffered "serious injuries," as defined under ISC § 5102(d). This includes injuries such as fractures, dismemberment, significant disfigurement, permanent loss of use of a body part, or injuries preventing normal activities for at least 90 days within the first 180 days following the accident.

The amount of compensation can range significantly, from a few thousand dollars to millions, depending on the extent of the injuries and their impact on the victim’s life. Understanding these factors is crucial for setting realistic expectations.

• Medical Expenses. This includes current and future costs of treatment, surgeries, therapy, and medications related to your injuries.
• Lost Wages. If you miss work because of your injuries, you may be compensated for lost income. This can also include loss of earning capacity if you are unable to return to your previous job.
• Property Damage. This refers to the cost of repairing or replacing your vehicle and any other property damaged in the accident.
• Pain and Suffering. This accounts for the physical pain and emotional distress caused by the accident and its aftermath.
• Liability. The degree to which each party is at fault can impact the value of your case. In New York, comparative negligence applies, meaning your compensation may be reduced if you are partially at fault.
• Insurance Policy Limits. The insurance coverage of the at-fault party can affect how much you can recover.

Navigating the aftermath of a car accident can be challenging. Having an experienced car accident attorney serving New York by your side can ensure that you receive fair treatment and the compensation you deserve. They can assist with:

• Investigating the accident and gathering evidence.
• Communicating with insurance companies and negotiating settlements.
• Representing you in court if a fair settlement cannot be reached.
• Advising you on the value of your case and what steps to take.

If you or a loved one has been involved in a car accident, it is important to take the right steps to protect your rights. Consulting an experienced New York car accident lawyer at Stephen Bilkis & Associates today to schedule a consultation and learn how we can assist you. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your car accident. We represent injured victims and their families in Manhattan, Brooklyn, Queens, Long Island, Staten Island, Bronx, Nassau County, Westchester County, and Suffolk County.