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Accidents happen, and when they do, the last thing you want to be dealing with is insurance and DMV paperwork. Whether it's a fender-bender or something more serious, accidents are typically reported to your local DMV location. And while it may seem like an inconvenience and a hassle at first, doing so will allow you to minimize your risk of being held responsible for more than you should be. If you're unsure about anything related to the accident, like who was at fault or whether you can claim damages for the injuries you sustained, we are here to advise you on the best course of action. For a free consultation with one of our New York City car accident lawyers, call us today at 212-344-1000 or contact us online. Accidents happen, and when they do, the last thing you want to be dealing with is insurance and DMV paperwork. Whether it's a fender-bender or something more serious, accidents are typically reported to your local DMV location. And while it may seem like an inconvenience and a hassle at first, doing so will allow you to minimize your risk of being held responsible for more than you should be. If you're unsure about anything related to the accident, like who was at fault or whether you can claim damages for the injuries you sustained, we are here to advise you on the best course of action. For a free consultation with one of our New York City car accident lawyers, call us today at 212-344-1000 or contact us online. If you don't know whether or not you should file a report with the DMV in New York, consult an injury attorney at Rosenberg, Minc, Falkoff & Wolff, LLP. We're one of the oldest and most distinguished personal injury law firms in New York. Our auto accident attorneys are familiar with the DMV laws in New York and we can tell you what kind of information you need to include in your report. New York State DMV Reporting Requirements In New York State, if you are involved in an accident causing damage to property or another person's body in an amount exceeding $1,000, you must file a report within 10 days. The NYS DMV is the state government agency that oversees the issuance of driver's licenses and vehicle registrations for all New York State. To notify the DMV after a car accident, you must fill out an MV-104 form. If a crash causes less than $1,000 in property damage, the parties involved only have to exchange information and file with their insurance providers. If the accident involves a parked car, the owner has to be informed of the damage or else it has to be reported to the police. How to Get the Accident Report from the Police? Step 1: Go to the police station where the accident took place. You can find a list of all the precincts in New York City on the NYPD website. If you're not sure where the precinct is located, search for "X Precinct" on Google and add your location, and you'll get the information in seconds. Step 2: Talk to an officer. Tell them you would like a copy of your accident report and provide them with your full name, date and place of birth, driver's license number and insurance provider's name (if applicable). You must also have your valid driver's license or photo ID. Step 3: Pay the fee. There is a $10 fee for searching the copy and $15 for obtaining the report. The New York DMV also offers online services that allow you to obtain accident reports from the police for a search fee of $7 and an additional $15 for getting the report. To locate your report using the date and county where the accident occurred, use List Reports on File by Date. You will see a list of vehicles involved in accidents in that county on that day. This can be a free limited search. Filing the Accident Report The New York State Motor Vehicle Accident Report is a legal document used to file an insurance claim. The report serves as proof of the accident, and it helps insurance companies determine fault. When filing your accident report, the following factors should be included: Elements of the Accident Exact Location Itemize Damages License numbers of all parties involved in the accident Any witnesses to the accident Name, address, and phone number of injured parties Name, address, and phone number of owner/driver of any vehicle involved in the accident Elements of a Police Report After a car accident, you may be involved in a police report. It helps determine what happened during the accident and who should have been held accountable for the accident. It includes crucial information like: The events leading up to the accident. This can include weather conditions, road conditions and visibility. The damage that occurred during the crash. This can include injuries sustained by passengers, pictures of the damage done to vehicles and property damage done on-site of the collision. The statements given by those involved in the crash. This can include driver statements, passenger statements and witness statements. Copies of all documents such as medical bills or repair estimates that were submitted during your claim process may also be included, How long it took for emergency services to arrive at the scene of the accident. Details about citations issued to drivers. Any other relevant detail of the accident. The DMV Accident Re-examination Program The New York State Department of Motor Vehicles (DMV) has a program for re-examining drivers involved in accidents and are unsafe to drive. This law applies to you if: You have been involved in three or more accidents in the last eighteen months that were reported to the DMV. You have one accident report on file with the DMV, and your license was suspended, revoked, or you had a conditional or restricted license within the last three years. You are charged with a moving violation related to an accident. A judge orders that you take an accident prevention course. Steps To Take After a Car Accident in New York City When you get into a car accident, you're likely to be shaken and upset. Here's what you should do immediately after the accident: Call the police. If there was significant damage to your vehicle or anyone else's, or if anyone was injured, you need to call the police immediately. Many insurance companies will require police reports before they will process claims. If you're injured, seek medical help immediately. Even if you think you have no injuries sustained, a significant car collision can cause damages to your body that can appear after a few days of the accident. Seeking immediate medical attention would avoid problems with the insurance company. Report the accident to your own auto insurance company right away. Even if the other person seems like they'll take care of everything themselves, contact your own insurer, so they don't cancel your policy or raise your rates because you didn't report it immediately after the accident. However, speak with your injury attorney before speaking with the insurance company. Take photos of the damage to both vehicles and any property damage that resulted from the accident, such as broken streetlights or damaged stop signs. Also, take pictures of the skid marks left behind by both cars, as this can help prove who caused the accident. Exchange information with everyone involved, including their insurance companies, driver's license numbers, and contact information. You may also want to exchange your insurance information with them. Once the police investigate the accident scene and file the accident report, obtain the report and file the accident with the DMV. Next, consult an injury attorney. An experienced personal injury lawyer can help guide you through the process and advocate for you during negotiations. How our Personal Injury Attorneys will Investigate Your Accident? A thorough medical evaluation and diagnosis may be covered by the insurance company after an auto accident. Based on this, the complete costs of such evaluation and any subsequent treatment are not always covered by the other party's insurance company. This is where our competent attorneys can help. We can help you obtain payment from your own insurance company for this portion of the bill. If there is inadequate coverage from your policy, our attorneys can negotiate on your behalf to get coverage from the at-fault driver's insurance company. Our accident lawyers will work hard to help ensure that your injuries are taken care of properly and that you can receive the maximum compensation for all the damages and losses sustained. Our legal team has extensive experience in handling car accident injury cases, and we know how to negotiate with the negligent parties and their insurers to obtain maximum compensation for our clients. Schedule a Free Evaluation with Rosenberg, Minc, Falkoff & Wolff, LLP In the event of an auto accident, you will have to file a report and have it recorded by the DMV in New York. This is required by law. You may have heard that you do not need to file a report if no police are called to the scene if you have no injuries or damages. While this may be true in some cases, chances are you will still be required to fill out an accident report. Our attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can assist you in this process to ensure your right to compensation is fully protected. After an auto or motorcycle accident, there are a lot of issues to deal with, from doctor appointments and paperwork to insurance claims and legal filings. Our attorneys will ensure that you don't have to face these things alone. We'll negotiate on your behalf with insurance companies so that you get the best outcome for your personal injury claim. Set up your free consultation with one of our car accident attorneys by calling us at 212-344-1000 or contact us online. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

A T-bone car accident can have devastating consequences for the victims. Even if the colliding vehicles were moving at a relatively moderate speed, the impact can be forceful and cause extensive damage and serious injuries. When you have been the victim of a T-bone car accident, it is vital to determine who is liable for your injuries and losses, and pursue a personal injury case for compensation against them. At Rosenberg, Minc, Falkoff & Wolff, LLP in New York, we represent victims who have sustained injuries in T-bone accidents. Our highly rated T-bone accident attorneys in NYC will use their experience to speed up your case and get you the maximum compensation you deserve. A T-bone car accident can have devastating consequences for the victims. Even if the colliding vehicles were moving at a relatively moderate speed, the impact can be forceful and cause extensive damage and serious injuries. When you have been the victim of a T-bone car accident, it is vital to determine who is liable for your injuries and losses, and pursue a personal injury case for compensation against them. At Rosenberg, Minc, Falkoff & Wolff, LLP in New York, we represent victims who have sustained injuries in T-bone accidents. Our highly rated T-bone accident attorneys in NYC will use their experience to speed up your case and get you the maximum compensation you deserve. What is a T-Bone Accident? A T-bone accident is an intersection collision where the driver of a vehicle collides with the side of another car. It is named so because the "T" shape formed by connecting the front and back of two cars is similar to the image of two sides of beef T-bones connected at the spine, or keel bone. Because T-bone accidents typically occur on busy city streets and intersections, they tend to involve multiple vehicles and can be especially dangerous for pedestrians and other motorists. The lack of structural support on the sides of cars means that occupants are vulnerable to serious injuries like broken bones, organ damage, and brain trauma. Even a fatality can occur in this type of an accident when the impact is severe enough. After any kind of car accident that causes injury or death, it is essential to consult with an attorney who understands how to document and prove liability of the negligent parties. Causes of T-Bone Accidents in New York City Most side-impact crashes in New York City occur at intersections with one vehicle failing to stop or yield. For example, if you are driving eastbound on the street with two westbound lanes and wish to turn left (north) at an intersection, you must first merge into the left westbound lane. If you try to cross both lanes at once, you could get hit by westbound traffic in the right lane. Anyway, this type of crash can occur anywhere and is not limited to intersections. Other factors that could contribute to side-impact collisions include: Driving Under the Influence: Drunk drivers often have slow reaction times and cannot correctly judge distances between vehicles. When they attempt to overtake or pass, they may misjudge the speed of oncoming traffic and collide with it. Speeding: This can make it difficult for drivers to stop in time when approaching an intersection. If another vehicle is entering from the side, it may be too late to avoid a collision. Distracted Driving: When drivers take their eyes off the road, they may not be able to react quickly enough when another driver runs a red light or stop sign and enters their lane. Common forms of distracted driving include texting, eating, grooming, using a GPS or talking on a cell phone while driving. Incorrect Judgment: Incorrectly judged gaps in traffic are another common cause of side-impact collisions. This can occur when a driver attempts to squeeze into an opening in traffic that is too small. It can also happen when drivers change lanes without considering the speed of approaching vehicles. Unsafe Lane Changes: A driver who does not use their turn signal when changing lanes may cause an accident if another driver does not see them coming. A driver following too close to the vehicle in front of them may fail to stop in time before hitting a car that suddenly turns in front of them. Drivers who improperly merge into traffic may also cause T-bone accidents if they do not take proper care when moving into a new lane. Road Hazards: Potholes and poor weather conditions can cause drivers to lose control of their vehicles and strike other motorists. Moreover, construction zones sometimes fail to provide proper warnings about dangerous conditions and limited visibility. Injuries Caused Due to New York T-Bone Accidents In a typical T-bone accident in New York, the front end of the striking vehicle impacts the door of the victim's vehicle. The force of impact usually causes the driver and passenger in the victim vehicle to suffer severe injuries because they have no time to brace themselves. Here are some common injuries caused by a side-impact crash: Traumatic brain injury occurs when the head impacts either the steering wheel or windshield. It can also happen if the head becomes violently ejected and comes into contact with another part of the vehicle. The sudden stop that occurs in a T-Bone accident can cause the neck to be thrown forward and back quickly. This is called whiplash, and it can cause severe pain and symptoms for months after the accident. Broken bones: Since there are multiple points at which impact can occur during this type of crash, various kinds of broken bones may occur. The legs, arms, wrists, and ribs are all commonly fractured or broken in these types of accidents. Internal bleeding: Any sudden blow to the body may cause internal bleeding within organs, muscles, or other soft tissues inside your body. Injuries suffered in these accidents are most often very serious. Some victims require extensive medical care and rehabilitation, and some may require prolonged hospitalization. On top of this, some may require intensive physical therapy and occupational therapy to regain function, and some may have permanent disabilities. Establishing Liability in a T-Bone Accident New York City has hundreds of red-light cameras at busy intersections within the five boroughs. These are usually in or near significant, multi-lane streets that experience large amounts of traffic. When a driver runs a camera-monitored red light, the device snaps photographs of the reckless driver and the traffic signal before and after entering the intersection. The resulting images may illustrate not just the driver but also the intersection in one frame. If both drivers claim to have had a green light or stop sign when they entered the intersection, it is necessary to examine traffic camera footage from the surrounding areas. Under the legal definition of negligence, a driver must reasonably operate their vehicle. This means following posted speed limits, coming to a complete stop at a stop sign, yielding the right-of-way when necessary, and obeying traffic lights. If an accident occurs because a motorist has violated these road rules, they will likely be held liable for any damages caused to the other parties. If one of the motorists was driving recklessly, such as speeding or following too closely, they might be found liable, even if they had the right-of-way. If both motorists were driving recklessly and contributed to the accident, both may be held accountable for their respective percentages of fault. The roadway conditions at the time of your crash may also influence liability. Was there a dangerous pothole or other road defects that caused you to swerve into oncoming traffic? If so, your local government agency responsible for maintaining that roadway may be held liable. The same can be said if faulty traffic signals caused your accident. Establishing liability in a T-bone accident in New York City is a matter of determining which driver failed to exercise the proper care and caution required for the safe operation of a motor vehicle. If you have been injured in a T-bone accident, it is crucial that you consult our experienced car accident attorneys, especially if it appears that the other driver at fault is disputing any responsibility What Should You Do After Getting Involved In A Side-Impact Collision? Obtain appropriate medical treatment as soon as possible. Some injuries are not apparent and may take time to develop symptoms. So, seek medical assistance immediately. Do not leave the accident scene until law enforcement arrives and releases you. Take videos and pictures of your car, their car, and the site of the accident. Obtain details of the other driver's license, license plate number, insurance company, and policy number for all drivers involved in the accident. Get names, addresses, phone numbers and email addresses of all drivers and passengers involved in the accident. If possible, get contact information from any eye witnesses. Obtain a copy of the police report from the law enforcement agency that responded to your accident. Schedule an Appointment with Seasoned T-Bone Accident Attorneys in New York City When you have been injured in a New York T-Bone accident due to negligence or recklessness of someone else, we're here to help you find justice. The experienced attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have successfully represented clients in New York for over a century. We know how to navigate the legal landscape, and we're familiar with all of the strategies insurance companies use to deny or mitigate the victims’ claims. Our goal is not just to recover compensation, it's to make sure our clients get what they need to heal and move forward with their lives. If you believe you may have grounds for a claim, don't hesitate to get in touch with our car accident attorneys in New York City. We offer free initial consultations and charge no fees unless you recover damages. Call us today at 212-344-1000 or contact us online to schedule an appointment. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Car accidents are all too common on the congested streets of New York City. But the chances of a crash significantly increase in bad weather conditions. Most people mistakenly assume that New York car accidents caused by rain or fog or snow are not any specific individual’s fault, and they believe that this leaves no grounds for claiming compensation. However, in certain circumstances, it is quite possible that the other driver or the government agency responsible for the road’s upkeep may be found to be responsible for your car accident injury. In such a situation, an experienced New York bad weather car accident attorney can help you recover the damages to cover the losses you sustained due to no fault of your own. Car accidents are all too common on the congested streets of New York City. But the chances of a crash significantly increase in bad weather conditions. Most people mistakenly assume that New York car accidents caused by rain or fog or snow are not any specific individual’s fault, and they believe that this leaves no grounds for claiming compensation. However, in certain circumstances, it is quite possible that the other driver or the government agency responsible for the road’s upkeep may be found to be responsible for your car accident injury. In such a situation, an experienced New York bad weather car accident attorney can help you recover the damages to cover the losses you sustained due to no fault of your own. What Weather Conditions Affect Traffic Safety in New York? The Federal Highway Administration (FHA) specifies seven types of road and weather conditions that may cause dangerous situations for car drivers in NYC. These include: Fog that reduces visibility Wind blowing at high speeds can impair the driver’s ability to keep their car under control Snow, rain, or sleet may make it difficult for drivers to have sufficient traction besides impairing visibility Temperature of the air and humidity that can affect the accumulation of ice and snow Defective or damaged pavements or potholes on the road that make it difficult for drivers to control their car Pooled water on the road due to poor road design, or improper drainage facilities can cause cars to hydroplane How do Poor Road Conditions Cause Car Accidents in NYC? Data from the NY State Department of Motor Vehicles shows that the following types of defective road conditions can lead to car crashes: Obstruction in the view drivers have of the road ahead Improper road or lane markings Defective design and building of shoulders Debris or other obstructions on the road Non-functional traffic control devices Defective pavements Who is Responsible for NYC Bad Weather Accidents? Car drivers obviously cannot control the weather; however, they are expected to know how to adapt their driving to match the requirements of bad weather. A motorist who does not drive with due caution in poor weather may be found negligent if their actions or failure to act in a particular way were responsible for a car crash. For example, when snowfall occurs and the roads are covered with snow or ice, it is expected that drivers will drive their cars slowly because moving at high speeds can make it extremely difficult to control the vehicle. If a driver drives even at the posted speed limit, they may still be found negligent if the weather conditions necessitated a lower speed. In certain accident cases, an investigation may throw up evidence that there was a problem with the design or the construction of the road itself that increased the risk of an accident. Occasionally, a failure to maintain the road in good condition, or the lack of necessary road repairs could also be the cause of an NYC car accident. In such cases, a seasoned personal injury lawyer can help the injured victim hold the government authority in charge of the road’s design, construction, and maintenance or repair responsible for the accident. What Types of Road Defects May Cause a Bad Weather Accident in New York? Government agencies must design and construct roadways to be safe for public use. Further, they must carry out regular inspection and maintenance and repair work as necessary to ensure the roadways are in a condition fit for use. If these agencies fail in these duties, it could result in a nasty road accident especially in bad weather. Some of the most common types of road flaws that may contribute to a bad weather car crash in New York City include: Flaws in the design of the road when shoulder drop-offs are too steep, or curves in the road are too sharp, or if the grading is inappropriate or if lanes are kept too narrow. Defects in the road surface that lead to accumulation of water that does not get drained away or the presence of potholes on the road, or the pileup of debris or gravel on the roadway. Lack of adequate warning signs that can caution a motorist about the road situations. Insufficient or malfunctioning lighting on the roads. What Precautions Are Necessary to Prevent a Bad Weather Accident? Some of the precautions a driver is expected to take when driving in poor weather include the following: Driving well below the posted speed limit Making turns very slowly without enough indication to other motorists around them Using their hazard lights judiciously Pulling to a stop if poor weather drastically affects visibility Maintaining their vehicle in a condition safe to drive even in bad weather Who is Liable for a Weather-Related Accident in New York City? Bad weather may have contributed to your car accident, but you cannot hold it responsible for the damage you suffered. When the weather conditions are especially bad, drivers are expected to either avoid driving or to take utmost care while driving to ensure they stay safe. All persons who drive owe a duty of care to other motorists and pedestrians on the road. But this responsibility is far greater when drivers take to the road during bad weather. The condition of the road, if found to be far from optimum, may be considered as a contributing factor to a bad weather car accident in New York. However, the onus for damage that results from such a crash generally rests on the driver who is shown to have lost control over their vehicle. The Concept of Negligence in Weather-Related Car Crashes in New York When determining liability for a car crash that occurred in bad weather, the factor that is most important is establishing negligence of the driver. A driver who fails to drive cautiously in poor weather is likely to be considered as negligent in their action. Here are some of the actions of a driver that may qualify as negligence: Driving in poor weather despite being aware that it is unsafe to drive. Driving at speeds that do not take the weather and road conditions into consideration. Following too closely the vehicle in front without leaving enough space in between. Taking turns at a high speed when driving through rain or snow on slippery roads. Driving a vehicle that is not well-maintained and has problems such as weak brakes, worn-out tires, malfunctioning windshield wipers or lights that do not work as expected. Failing to switch on the vehicle’s headlights despite poor visibility due to the bad weather. What Precautions Must You Take To Avoid a New York Bad Weather Accident? The best way to avoid a car accident due to bad weather is to put off driving when the weather gets really bad. However, if there is some urgent task you absolutely need to complete, and this involves driving in poor weather, the only alternative you have is to take the following precautions so that you reduce the risk of an accident. Check the windshield wipers and make sure they work Ensure the tires are sufficiently inflated Install snow tires if you have to frequently drive through snow Scrape off any ice that has formed on the windshield before you begin to drive Check that the headlights are functioning adequately; keep their covers clean so that they throw a strong beam of light to illuminate the road clearly Remove any snow or ice that may have accumulated on the roof of the car Contact an Expert New York Bad Weather Accident Lawyer Today Anyone injured in a car crash in New York can claim compensation for the damage they sustained. The other driver may claim that the poor weather was responsible for their inability to see clearly but an experienced car accident attorney can help you prove that they were negligent in their actions. When you file a personal injury lawsuit against the party at fault for your accident, you can recover the following damages: Medical expenses Prescription medicines Future expenses for medical care or rehabilitation Loss of income Reduction in earning capacity Assisted help for housekeeping and childcare Pain and suffering Emotional distress Loss of life enjoyment Persons who are injured in a bad weather accident often tend to assume that their crash was a result of the weather condition and therefore, no one can be held responsible for their injuries. However, with a seasoned lawyer on your side, you can certainly prove that another driver’s negligence was the cause of your suffering. Get in touch with us today at 212-344-1000. Contact Rosenberg, Minc, Falkoff & Wolff, LLP today. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Your friend has been driving you across town in their car when suddenly you get into a crash. Regardless of whether the accident in New York City was your friend’s fault or caused due to negligence of the other driver, you, as the passenger, can claim damages. In fact, it can be easier for passengers in auto accidents to recover compensation because they generally don’t have to prove liability to receive damages. However, it can get quite confusing for car passengers to know how to seek compensation and from whom to seek it. Read on to know more about what rights passengers have in auto accidents in New York. Your friend has been driving you across town in their car when suddenly you get into a crash. Regardless of whether the accident in New York City was your friend’s fault or caused due to negligence of the other driver, you, as the passenger, can claim damages. In fact, it can be easier for passengers in auto accidents to recover compensation because they generally don’t have to prove liability to receive damages. However, it can get quite confusing for car passengers to know how to seek compensation and from whom to seek it. Read on to know more about what rights passengers have in auto accidents in New York. What Types of Compensation are Available to Passengers in NY Auto Accidents? In the event of a crash, passengers enjoy the right to receive the same compensation that drivers can expect. The damages sought include: Medical expenses: Compensation for money spent on ambulance transport, emergency treatment, hospitalization, medication, and physical therapy. Lost wage coverage: Compensation for the wages lost when the person couldn’t get to work because of their injuries. Pain and suffering damages: Compensation for the pain and suffering that the passenger had to undergo for no fault of their own. From Where Does Compensation Come to New York Car Accident Victims? New York follows the no-fault car insurance system. Under this, every person who drives a vehicle in the state must carry Personal Injury Protection (PIP) coverage. This form of insurance provides compensation to the victims of an injury caused by a crash regardless of who was at fault for the accident. PIP covers the expenses incurred on medical expenses, damage to property and other losses following a car crash. Anyone who is injured while driving their car must first file a damages claim with their own auto insurance provider. If the injuries they sustain match the criteria specified in New York law for “serious injury”, they may further approach the party liable for the crash to seek compensation through a personal injury lawsuit. Under New York law, the no-fault insurance rule applies also to passengers injured in the car crash. Whom Can You Approach for Compensation as a Passenger in an NYC Car Crash? Car passengers who have suffered injuries in an accident can seek compensation from the individual who was responsible for the accident. Depending on the specifics of the crash, this could be the driver of the car in which the passenger was riding or the driver of the other vehicle or vehicles involved in a New York auto crash. If an investigation shows that the other car driver caused the crash, the passenger can file a claim with that driver’s insurance provider. In case their insurance coverage is lesser than the costs the passenger incurred, it may be possible to recover compensation by filing a personal injury claim against the liable driver. In some situations where the passenger has suffered serious injuries and the expenses incurred exceed the limits of the insurance policy of the liable party, they may file for damages through the underinsured motorist coverage of their vehicle driver. Sometimes, the party who caused the crash may not have any insurance; in such a situation, the passenger who was hurt can file for compensation under the uninsured motorist coverage of their vehicle’s driver. Passengers who suffer an injury when traveling as a passenger in a Lyft or Uber vehicle can seek damages through the insurance that the involved company provides to their drivers. What Compensation Can I Get if My Driver is Liable for the NYC Auto Crash? The person who drives a car is expected to be responsible for the safety of the passengers riding with them. If an accident occurs due to the error of the car driver, they can be held liable for the crash. In such a case, the passenger can seek compensation from their driver’s Personal Injury Protection (PIP) insurance. If the coverage of this policy is not sufficient to cover the expenses arising from the passenger’s injury, the next option is for the passenger to file a personal injury lawsuit to receive the compensation they deserve. What Options are Available to Passengers in NYC Accidents When Two Drivers Share Liability? Car crashes in which an investigation throws up evidence to hold both drivers liable, the passenger who is injured can file a claim with the insurance companies representing both the drivers. If one of the drivers is a member of the passenger’s family, and both of them are covered under the same insurance policy, the passenger can claim damages from the insurance provider. However, in most cases, such claims will pay for medical expenses and lost wages, but not for the pain and suffering of the passenger. What Happens in New York Auto Accidents Where Multiple Passengers Are Injured? Assume the following situation. Six persons are riding in an SUV. The driver has a basic PIP car insurance that is meant to cover the driver as well as all the passengers. If this SUV gets into a crash and the persons riding in it suffer injuries, all of them have to seek compensation through the same insurance policy of the driver. If the driver has just the minimum amount of coverage as prescribed by the law, that amount is definitely not going to be sufficient to cover the claims of all the injured passengers. Insurance companies cannot be swayed to pay anything beyond the specified limits of the policy. But with the help of an expert car accident lawyer in New York, it may be possible for the passengers to receive a somewhat reasonable amount in compensation. Passengers Injured in Auto Accidents in NYC May be Able to Recover Compensation from their Own Auto Insurance Policy When the passenger’s injuries are such that the expenses incurred on recovery are not covered under their driver’s policy, the passenger has yet another option to fall back on. It may be possible for them to file a claim through their own auto insurance policy and recover compensation for their medical expenses through their policy’s MedPay (Medical Payments) coverage. This can prove especially useful in situations when the settlement of the passenger’s claim through the other two drivers’ policies is delayed. In case the passenger is related to the driver and they are both covered under the same auto policy, the passenger may be able to benefit from the driver’s MedPay coverage too. Why Passengers Injured in an Auto Accident Need a Seasoned Personal Injury Lawyer? The insurance company will help the driver to whom they provided the auto insurance policy to seek compensation. However, they may not be interested in helping you do the same. Having to single-handedly manage the entire complex legal procedure involved in claiming compensation as a passenger can be a huge challenge, especially when you need to conserve your energy to recover from your injuries. Many passengers find the damages-claiming process so overwhelming that they may decide to forego the compensation that is their right. If you or a loved one has been injured as a passenger in an auto crash that was not your fault, you must get the help of an expert personal injury lawyer in New York to handle your compensation claim. A professional lawyer who handles your case will help to: Provide an unbiased, neutral viewpoint of the methods available to you to claim compensation Give valuable legal advice throughout the process of seeking and winning compensation Collect and protect evidence from the accident site that strengthens your case Draw up an exact figure of the compensation you truly deserve Identify which all persons or entities share liability for the crash that caused your injuries Handle the negotiation process with the insurance companies Maximize the compensation you receive Contact a Top-Rated Personal Injury Attorney in New York City Today Understanding how New York State’s no-fault insurance laws are applied to a given accident case can be a challenge. If you have been hurt as a passenger in a car accident, you are already suffering from your injuries. Naturally, you may find the thought of pursuing a tricky legal course of action quite intimidating. That is why you must consult our experienced personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP. We have decades of experience in handling such cases and we make sure that the rights of our client are fully protected. Car accident claims get settled faster in cases where liability is easy to determine. However, in situations where multiple parties are involved, the insurance companies of the different parties will begin a blame game that has no end. Our dedicated New York City personal injury lawyers have the necessary legal knowledge, skills, and resources to negotiate hard with insurance providers so that we can motivate them to engage fairly. Talk to us today to understand how you can claim damages for being injured as a passenger in an NYC auto accident. Call us at 212-344-1000 or contact us online. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

In 2018, the National Safety Council reported that two-car collisions were the most commonly occurring motor vehicle accidents. Of these, unsurprisingly, close to 50 percent of cases were found to involve rear-end collisions. Like any other busy city, New York is no exception to such accidents that mostly occur because drivers do not have the patience to maintain the specified distance from the car in front. In 2018, the National Safety Council reported that two-car collisions were the most commonly occurring motor vehicle accidents. Of these, unsurprisingly, close to 50 percent of cases were found to involve rear-end collisions. Like any other busy city, New York is no exception to such accidents that mostly occur because drivers do not have the patience to maintain the specified distance from the car in front. Getting injured in a rear-end collision in NYC may result in not just pain and suffering, but also huge financial setbacks. The crash victim has to pay for their medical bills even as their income suffers because they have to take time off from work. Filing a personal injury claim to get damages is therefore important and to do this, you need to understand the concept of liability in rear-end collisions in New York. What are the Common Causes of Rear-end Collisions in New York? Data from the National Transportation Safety Board shows that most rear-end crashes occur because: A driver is moving at great speed and so, they cannot come to a sudden stop in time to avoid hitting the vehicle in front. A vehicle is being driven in a distracted manner because the driver is sleepy or busy eating or drinking or texting or talking on the phone. Drivers indulge in tailgating. That is, they follow the vehicle in front too closely and this leaves them with too little time and space to respond when the vehicle in front suddenly stops. Poor weather conditions interfere with the driver’s ability to control their car’s movement. A vehicle develops a sudden mechanical fault such as a brake failure that prevents the driver from being able to stop. What Injuries May Occur in New York City Rear-End Crashes? Most people assume that compared to head-on collisions, rear-end crashes are not so dangerous. But it is important to remember that even a rear-end crash involves an unnatural jolt to the body of the car’s occupants and this can lead to a severe injury. When a car hits another vehicle in front, it is akin to crashing into a solid surface and this impact can be forceful enough to damage different parts of the neck and spinal cord. Rear-end collisions in New York have been known to cause severe injuries that may include: Whiplash Concussions Traumatic brain injuries Damage to the spinal cord including herniated or bulging discs and paralysis Fracture of the ribs and bones in the arms and wrists Facial bone fractures Soft tissue injuries Burn injuries that arise from airbag deployment What Damages Can You Claim for a Rear-end Collision in NYC? Anyone who has been injured in a rear-end collision can claim compensation for both economic and non-economic losses such as: Ambulance charges Emergency room treatment Medical treatment or hospitalization bills Prescription medicine expenses Physical or other rehabilitation therapy fees Lost wages Loss of earning capacity in the future Scarring and disfigurement Pain and suffering Loss of enjoyment Loss of consortium In crashes where the party at fault was found to be driving in a reckless manner or under the influence of drugs or alcohol, your rear-end collision lawyer in New York City may also help you to claim punitive damages. Rear Vehicle is Almost Always Liable for a Rear-end Collision in New York Under New York’s traffic laws, there must always be a safe distance between two cars driving on a road. Logically speaking, maintaining this distance is the responsibility of the rear car driver because the front driver cannot do anything about it. When the rear driver does not keep sufficiently away and then rams into the vehicle in front of them, it is but natural for the law to find them responsible for the crash. In some cases, it may so happen that the rear driver was driving keeping a safe distance but the car ahead of them suddenly brakes to a stop, leading to a rear-end collision. There could be several reasons for this – perhaps a pedestrian suddenly stepped onto the road, or maybe a child ran out into the car’s path, or it could be a snag in the traffic that caused them to apply their brakes. While you could argue that this makes the accident the responsibility of the front driver, the law will not support this viewpoint. It may appear unjust, but the fact is that if a rear driver keeps the legally specified distance away from the car in front and drives with focus, they should have been able to avoid the crash even if the vehicle in front came to a sudden stop. Are There Exceptions to Rear Driver Liability in NYC Rear-end Collisions? The law does recognize exceptional circumstances in which the rear driver is considered as non-negligent despite having followed too closely and colliding with the car in front. For example, if the rear driver was driving at a safe distance but another car veered into their lane, they would be forced by their self-protective reflex to reduce the gap between their vehicle and the car in front. Sometimes, there may be a natural event such as a rockslide that was unanticipated. To avoid being hit, the rear driver may have speeded up to get to safety and in the process, traveled too close to the vehicle in front, and ended up causing a rear-end collision. In such situations, the court may conclude that this behavior was a non-negligent reason for the crash. However, to be able to qualify for such a tag, the rear driver must be able to prove that the situation was an emergency that was totally unforeseeable and beyond their control. Who is Liable for a Rear-end Crash that Triggers a Multi-Car Pileup? When one car rear-ends the car in front, the latter is likely to crash into the car in front and this can easily set off a multi-car pileup that is also known as a chain-link accident. In these crashes, it is the action of the rear-most driver that triggers the reaction from the cars ahead of them. So, it is natural that the rear-most driver will be held liable for the crash. However, like in 2-car crashes, this will not be true if it can be shown that there was a non-negligent reason for the collision. Another factor to be considered in multi-car pileups is whether the other car drivers were following the specified safe distance or not. If evidence shows that they were too close to the cars ahead of them, those drivers may also be considered negligent and therefore, partly liable for the crash. New York’s No-Fault Rules for Personal Injury If you have been injured in a rear-end collision in New York, and want to claim damages, it is important to understand the rules regarding no-fault and comparative negligence. Under the no-fault rules, a driver who has a vehicle with New York registration and license needs to have no-fault insurance coverage. This will cover the expenses up to $50,000 for any injuries that an individual may sustain in a motor vehicle accident irrespective of which party was involved. In more serious accidents where the losses sustained are too great to be covered by no-fault insurance coverage, it is possible for the victim to bring a personal injury claim outside of this policy. An experienced NY rear-end crash personal injury lawyer can guide you about these aspects. Comparative Negligence in New York City Rear-End Collisions Under New York’s rule of pure comparative negligence, it is possible that both parties involved in the rear-end crash may be found partially at fault. In such a situation, it may be possible for both parties to recover damages to some extent and the final amount they receive will be a reflection of their contribution to the crash. A competent personal injury attorney in New York can help you understand these concepts and guide you through the complex legal process of claiming the compensation that is your rightful due. Get in Touch With a Skilled NYC Rear-end Collision Attorney Driving on the congested streets of New York can be quite difficult and this makes rear-end accidents a common sight. If you are the front driver who was injured due to the car behind crashing into you, it’s paramount to claim compensation for your injuries. If you are the rear driver who ended up colliding with the car in front despite driving in a safe manner, it may be possible to recover some of the damages by showing that the driver in front was partly to blame for the crash. The professional car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have worked with several clients involved in rear-end collisions and helped them get justice. To learn more about how we can help you do the same, contact us today at 212-344-1000 or contact us online for a free and confidential case evaluation.

When driving in an unfamiliar area, it is not uncommon to miss taking the correct turn in the road. In such a situation, the car driver may try to make up for the error by making a U-turn to proceed in the opposite direction. This type of maneuver requires a lot of space and if the driver tries to execute it in a narrow space, or across several lanes of traffic, it can quickly turn dangerous and cause a horrific crash. When driving in an unfamiliar area, it is not uncommon to miss taking the correct turn in the road. In such a situation, the car driver may try to make up for the error by making a U-turn to proceed in the opposite direction. This type of maneuver requires a lot of space and if the driver tries to execute it in a narrow space, or across several lanes of traffic, it can quickly turn dangerous and cause a horrific crash. Injuries in such a u-turn accident in New York City are often quite serious and the person who performed the risky maneuver is generally considered to be liable although there may be exceptions in some cases. Make sure you have a competent u-turn accident attorney in NYC on your side to pursue your case for compensation against the negligent driver. Why Can Making a U-turn be Dangerous in New York? Making a u-turn can be difficult in any part of the country, but on the congested streets of NYC, it can lead to a fatal accident. To make a u-turn, you have to first slow down, then reverse and get into the turn. If the vehicles behind you are traveling too fast to brake in time, they could crash into the rear end of your car; often, such a situation could set off a chain reaction that ends up in a multi-car pileup with injuries to all the vehicles involved. If you are trying to execute a u-turn, and another car slams into the side of your vehicle, it could easily result in a t-bone accident that severely injures the occupants of both cars. In situations when your u-turn is not sharp enough, you could end up drifting into the other lanes and get into the way of oncoming traffic, resulting in a sideswipe accident. In some cases, bicyclists and pedestrians on the sidewalk at the point where you make the u-turn may also end up injured if your vehicle rams into them. A driver whose careless u-turn causes an accident is not just held liable for the accident, but may also have to face criminal charges. The Legal Aspects of U-turns in New York U-turns as such are not illegal in New York unless they occur in an area where such maneuvers have been specifically prohibited. Generally speaking, it is okay to make a u-turn in NYC when the traffic signal shows a glowing green arrow to turn left, provided you yield to other traffic that has the right of way. However, it is considered the responsibility of the driver to make the u-turn to check that there is no traffic approaching from either direction and to execute the turn in a safe manner. In New York, U-turns are prohibited in the following areas: School zones NYC business districts Expressways with limited-access Places where the road signs clearly indicate that u-turns are not allowed What Injuries May Occur in an NYC U-turn Accident? When vehicles collide in a u-turn accident, the initial impact causes the car occupants to slam against the inside structures of the vehicle. Passengers and drivers may hit each other too, leading to broken bones and head injuries. In crashes where the vehicles were traveling at high speeds, the u-turn accident may cause one or both cars to roll over and the drivers or passengers may get ejected from the cars causing even more dangerous injuries of the brain and the spinal cord or even amputation injuries. In cases where a large truck loaded with goods is involved in a u-turn accident, the crash may cause the cargo to loosen and get thrown all around. This could cause lacerations, abrasions, broken bones, and other injuries to pedestrians, bicyclists, motorcyclists, and people in other cars too who were in the vicinity of the crash area. Who is Considered Liable for a U-turn Crash in New York? It is a general assumption that the person who made the u-turn will be held responsible for the accident. However, determining liability in such accidents is not so simple. In order to find out who was at fault, several factors are to be considered such as: How was the u-turn executed? Did the driver take necessary care to yield right of way to other vehicles that had it? Was the u-turn made in an area where it was specifically prohibited? Was either of the drivers involved in the u-turn accident driving in a distracted or reckless manner or speeding? Were any of the drivers in the crash in an intoxicated condition while driving? Only a careful study of all these aspects can help to fix liability. If you have been involved in a u-turn accident either as a victim or as the driver who made the u-turn, it is vital to have an expert personal injury lawyer on your side who can ensure that you get the justice that is due to you and the right level of compensation for the losses you suffered in the accident. What Happens if You Were Partly Responsible for the U-turn Accident in New York? In many u-turn accidents, it is found that a combination of several factors is responsible for the crash. Mistakes made by either driver could be considered as having contributed to the victim’s injuries. This is where New York’s pure comparative fault rule comes into play to ensure that even if a driver has been partly responsible for the accident, they can still recover some damages for their injuries. Under this system, after the compensation award has been decided, the amount the driver actually receives will be reduced by the percentage of their fault. Let us say that a driver is entitled to $20,000 of compensation as damages. If the jury concludes that this individual is responsible to the extent of 20% for causing the accident, that proportion of the money will be denied to them. However, they are still eligible to receive 80% of the compensation which translates into $16,000, which is no small figure. Medical care expenses after an accident can run into thousands of dollars and depending on the severity of your injuries, you may need treatment for several months or even years after the accident. This is the reason why it is important to have an experienced NYC u-turn accident attorney to process your case so that you get whatever compensation is your legal right. Tips on Making a Safe U-turn in New York Given the chaotic traffic on the streets of New York, no one can predict when an accident may occur. However, it is certainly possible to drive in a safe manner so as to avoid making errors that lead to u-turn accidents. Here are a few tips to follow regarding making u-turns: Avoid making a u-turn unless absolutely necessary. Check to see if a u-turn is prohibited in that portion of the road and only when there is no such sign should you consider this maneuver. Never attempt a u-turn on a curved portion of the road where visibility of other approaching vehicles is poor. Signal that you are slowing down, and watch the flow of traffic on all sides before you begin to slip into the u-turn. Be extremely careful when trying to make a u-turn in bad weather conditions such as snow or rain. Speak to a New York City U-turn Accident Attorney to Help You When you have been injured in an accident, the shock, pain, and suffering you undergo can make it difficult for you to think straight. Having to deal with the complicated legal steps necessary to claim compensation may seem overwhelming to deal with on your own. But with the right legal team representing you, it is certainly possible to get the maximum damages you deserve. At Rosenberg, Minc, Falkoff & Wolff, LLP, our lawyers have several years of experience in helping clients who were injured in u-turn accidents. We understand how complicated such accidents can be and have a well-worked out process to try and get you the maximum possible compensation which you are entitled to receive. Our personal injury lawyers will work with you every step of the way, in: Gathering relevant evidence from the crash scene Proving accident causation using testimony from accident reconstruction experts Determining liability for the u-turn accident Calculating the damages to which you are entitled to all the losses you suffered Filing your claims and handling the legal paperwork Negotiating with the insurance adjusters of the other party Building you a strong case and taking it to a court trial if you so desire Even if you believe that you were partly to blame for the u-turn accident, there may be factors that you are unaware of that can be unearthed through a legal team’s investigation. So, it is important that you consult our personal lawyers in New York City at the earliest to find out how we can help you. To discuss the details of your u-turn accident case, get in touch with us today at 212-344-1000 or contact us online for a free consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

A vehicle that is in good working condition is vital to ensure the safety of the person who uses it. When our vehicles develop some mechanical glitch, the auto repair shop can usually help us correct the problem. While most auto repair shops do a thorough check of the vehicle, there may be car repair shops in NYC that are negligent in their work. A vehicle that is in good working condition is vital to ensure the safety of the person who uses it. When our vehicles develop some mechanical glitch, the auto repair shop can usually help us correct the problem. While most auto repair shops do a thorough check of the vehicle, there may be car repair shops in NYC that are negligent in their work. Data from the Federal Trade Commission shows that fraud and negligence in auto repair cases rank high on the list of consumer complaints. This indicates that there are a significant number of auto mechanics that behave in an irresponsible manner and their actions pose a grave risk to everyone on the road. If you get injured in a car accident in New York and an investigation shows that the accident was caused due to a technical snag that was not repaired by the auto repair shop, they can be held liable for the injuries that resulted from the auto repair car accident. What Types of Negligence in Auto Repair Can Cause NY Accidents? While most repair shops in New York City are responsible in their actions, there may quite a few service providers who try to get away with inferior quality work. In some cases, even a responsible auto repair shop may end up causing damage if one of their employees has been negligent in their actions. Here are a few examples of negligent work by auto repair mechanics: Lack of sufficient inspection of the vehicle due to which major problems are not noted and corrected Failing to effect a total repair of parts that may be worn out or broken Replacing a defective or damaged part with an incorrect one Damaging the engine or any other vehicle part in the course of the repair work Using a wrong procedure for vehicle maintenance or repair Failing to perform a thorough cleaning of the debris that is present in the vehicle following a repair job Carrying out a modification of the vehicle in a manner that renders it illegal for use on a public road How Can I Establish Liability of the NY Auto Repair Shop? In order to establish that the auto repair shop was liable for your car accident, it is vital to prove the following conditions existed: That you were owed a duty of care by the auto shop because of the nature of your contract with them for repairs on your vehicle That the auto repair shop failed to meet that duty of care and their actions in servicing your vehicle were careless or negligent That the negligence or carelessness of the auto repair mechanic was the direct cause of the injury or damage or losses you suffered in your vehicle accident Consider this scenario in which someone visits the auto shop to have their car’s brake pads replaced. After the repair is completed, as they head home, the car’s brakes fail to work and as a result, they collide with another vehicle and suffer a traumatic brain injury. In this situation, if it can be shown that the auto mechanic failed to replace the brake pads in the appropriate manner, they could be held liable for your accident. When is the Auto Mechanic Shop Not Liable for an NY Car Accident? If someone has had their car recently serviced or repaired, and they get into an accident soon after, they are quite likely to jump to the conclusion that the auto shop’s negligence led to the accident. This appears even more plausible in situations when an investigation reveals that it was a defective auto part that was responsible for the accident. However, despite all such evidence, it is quite likely that the auto mechanic may not be held liable for an accident, if it can be shown that the vehicle owner disregarded the mechanic’s advice. Auto repair mechanics often give their opinion and advice regarding all the repairs that need to be carried out on a vehicle. Vehicle owners sometimes choose to willfully ignore such advice, and fail to authorize the action the repair mechanic advised. If the same vehicle owner then gets into an accident caused due to the same defect that the mechanic pointed out, the auto repair shop cannot be held liable for the accident. Tips on How to Deal With New York Auto Repair Mechanics When we interact with auto repair shops, it can be difficult to ensure that our vehicle receives the necessary attention. Here are few tips to follow to make sure that the negligence of the mechanic does not lead to your auto repair car accident in New York: Have your vehicle serviced or repaired only with an auto repair shop that is registered with the NY State Department of Motor Vehicles. This is easy to identify from the green-and-white sign that hangs outside the shop with the words indicating that it is a registered mechanic shop. Get a written estimate of the work they expect to complete on your vehicle. Make sure this includes information of the repairs they will perform, the parts they will replace or service and the estimate expense involved in this process. Give a written authorization to carry out the repair work. Orders given verbally must be recorded on the final invoice. Collect the old or defective parts that were replaced. Scrutinize the repair record given in the invoice. Check to see that every repair and replaced part is mentioned in the invoice you receive. In case the repair shop is offering you a warranty or a guarantee of their repair work, check if the terms and limits of such items are mentioned in clear terms. You may have noticed that some auto repair shops in New York put up posters with disclaimers stating that they are not responsible for any accidents that occur following the repair. However, it’s crucial for you to remember that these disclaimers have no legal validity and under The Repair Shop Act of New York, the auto repair shop can be held accountable if you suffer an injury in an accident caused due to their negligence. Can an NYC Mechanic Be Sued for Misdiagnosis of Fault? It’s not completely exotic when a mechanic fails to identify the exact problem with their vehicle. If this happens with your vehicle and later, you get into an accident; your mechanic may be held responsible for a misdiagnosis and can be sued through a misdiagnosis negligence case. If you decide to file such a lawsuit, the onus is on you to prove that this particular mechanic did not exercise the level of care that is expected from any repair mechanic in the given scenario. Also, you will have to prove that the wrong diagnosis of fault was foreseeable and therefore, it was the carelessness of the mechanic that was responsible for your accident and the injuries you suffered. Reasons to Engage a New York City Auto Maintenance Accident Attorney When you have been injured in an auto repair car accident caused due to negligence of a mechanic, it can be quite difficult for an individual to prove liability. Auto shops always argue that they performed repairs in the correct manner, and they try to escape fault by claiming that the issues that caused the accident were unrelated to their repair work. Another common ploy used by most auto repair shops in New York is to argue that your accident was an unforeseen event and therefore, not their fault. In quite a few cases, automobile repair shops have also been known to falsify their records to show that certain problems were repaired when in reality, those repairs were not carried out. Identifying such situations is not easy for the accident victim but it can be done by engaging automobile experts and this is one important reason to engage an auto repair accident lawyer. When you engage a skilled auto repair accident attorney, they have the resources to carry out an independent, comprehensive investigation that throws up evidence in your favor. They can also engage engineering, automobile, and medical experts and accident reconstruction specialists to prove that your accident was indeed a result of the auto repair mechanic’s negligence. Contact an Experienced Auto Repair Car Accident Lawyer in NYC Today If you or a loved one has been injured in an auto accident caused due to problematic repairs of your car, it’s important to pursue your case aggressively. This will help you recover the damages due to you for the loss you sustained, and also serve as a deterrent to the auto repair shop to avoid such negligence in the future. At Rosenberg, Minc, Falkoff & Wolff, LLP, our personal injury attorneys have several years of experience in winning compensation for clients injured in car accidents caused by auto repair shop negligence. To understand how we can help you recover the damages that are your due, contact us today at 212-344-1000 or contact us online for a free and confidential case evaluation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Wearing a seat belt is the simplest way to ensure your safety when traveling in a motor vehicle. Whether you are on a long drive out of town, or simply running an errand a few blocks away, car accidents can happen out of the blue. According to the National Highway Transportation Safety Administration (NHTSA), most fatal accidents occur at speeds below 40 mph and often within a distance of 25 miles from home. Wearing a seat belt is the simplest way to ensure your safety when traveling in a motor vehicle. Whether you are on a long drive out of town, or simply running an errand a few blocks away, car accidents can happen out of the blue. According to the National Highway Transportation Safety Administration (NHTSA), most fatal accidents occur at speeds below 40 mph and often within a distance of 25 miles from home. Unfortunately, many people fail to follow the basic seat belt rule that first came into effect in 1984. Persons riding in vans, SUVs, or pickups sometimes tend to believe that their vehicles are sturdier and therefore, they do not need to wear a seat belt. However, data shows that wearing a seat belt can cut the risk of a fatal injury by 60 percent even in such vehicles. Close to 37 percent of New York’s highway deaths every year can be traced to car occupants not wearing a seat belt, says data from the Governor’s Traffic Safety Committee. Choosing to not wear a seat belt may not just increase the risk of a serious personal injury, but may also render you incapable of claiming damages in the event of an accident. Significance of Following Seatbelt Laws in New York When an accident takes place, one vehicle collides with another vehicle. Besides this, there is also the collision of the persons inside the vehicle with the vehicle’s interior surfaces. What seat belts do is restrain the movement of the upper portion of the body when a crash occurs. Thus, injuries are less severe when car occupants are wearing seatbelts. Seatbelts also play an important role in high-impact collisions where they help to prevent the car occupants from being ejected out of the car. Data from the NHTSA shows that seatbelts cut the risk of critical injuries by 50 percent. Studies conducted by safety experts show that close to two-thirds of the fatalities in car accidents can be prevented if motorists are responsible for wearing their seatbelts. New York Laws Regarding Use of Restraints and Seatbelts Under New York State law, anyone aged 16 and above must wear a seat belt when they are seated in the front seat of a vehicle. Failure to do so can invite a ticket from law enforcement authorities. If a person below 16 years of age is traveling in the vehicle, they need to wear an age-appropriate restraint regardless of where in the vehicle they are seated. Children under age 4 must be in a child safety seat, and those between ages 4 and 8 must be in a booster seat. Kids aged between 8 and 16 may wear seat belts. A failure to comply with these rules can invite not just financial penalty but also points on the license of the person who is driving the vehicle. From November 1, 2020, New York requires all passengers inside a vehicle to buckle up irrespective of whether they are riding in the front or the back. Vehicles with passengers who are not wearing a seat belt can be pulled over and tickets issued. This law is applicable to any individual above the age of 16 whether they ride in personal vehicles or use ride-hailing services and taxis. Tips for Seatbelt Safety in New York While modern vehicles come with multiple newer safety features designed to provide protection, the fact still remains that wearing a seatbelt is still crucial to your safety in the event of an accident. Your car may have the latest state-of-the-art airbags and yet, these may not be able to protect you in a high-impact collision. In some cases, the force with which an airbag functions itself may lead to a personal injury or even cause fatality if the car occupants are not buckled up. Here are a few tips to guide you regarding how to wear a seat belt in the correct manner because the improper wearing of a seat belt can be equally dangerous. When you buy a new car, check if the seat belts are a good fit for you and your family members. If necessary, contact the vehicle manufacturer to get seat belt adjusters or extenders to ensure the right fit. When adjusting the seat belt, make sure that the lap belt and shoulder belt portions fit securely across your pelvic region and rib cage. This is crucial to prevent the impact of the upper part of your body with the car’s interior surfaces in the event of a crash. Always place the lap portion of the belt across your hips and not around your stomach. Keep the shoulder belt away from your neck and spread it across the middle part of your chest. Never loop the shoulder belt under your arm or behind your back. If your car is an older model that has only lap belts, check if the manufacturer can provide you with a re-fit of the current lap-shoulder belt combination. What is New York’s Pure Comparative Negligence Rule? New York adopted the ‘Pure Comparative Negligence Rule’ in 1975. Under this law, the damages an accident victim can recover are reduced to the extent of their contribution to the accident. Defense lawyers often use this law to curtail the compensation granted to the plaintiff. Yet, under this law, you are often at an advantage because even if you are partly at fault for the accident, you can still recover a part of the damages unlike plaintiffs in other states that use the modified comparative fault rule. If you have been involved in an NYC car accident, while the pure comparative negligence rule may work to your advantage, there is another law called the seat belt defense law that could prove to be your undoing in certain situations. Your compensation in a personal injury claim in New York may get linked to whether or not you were wearing a seat belt. What is New York’s Seat Belt Defense Law? Like some other states, New York has a unique seat belt defense law that reduces the number of damages that can be recovered in cases of personal injury caused in car accidents. If you have been involved in an accident and claim compensation for personal injury, the number of damages you receive can be drastically low if it can be proven that you were not wearing the seat belt at the time of the accident. Insurance adjusters will compare your present injuries against the probable injuries that would have resulted if you had been wearing a seat belt and reduce the payment you receive accordingly. At-fault drivers can use testimony from experts such as doctors, engineers, and car accident reconstruction specialists to show that the victim’s injuries occurred or were exacerbated due to their failure to wear a seat belt. Fighting against such a seat belt defense can be tough and therefore, it is best to avoid getting into such a situation by always wearing a seatbelt when you travel in any motor vehicle. What are the Implications of a Successful Seat Belt Defense? If the accident victim is proved to have been without a seat belt at the time of the accident, the damages awarded may be reduced. However, this does not mean that the defendant can get away with all damages that their acts have caused. A successful seat belt defense only reduces the defendant’s liability for those injuries that could have been prevented or reduced if the plaintiff had been wearing a seat belt at the time of the accident. While wearing a seat belt is every car occupant’s responsibility, if you happened to not wear one and sustained an injury in an accident caused by another party’s fault, you can certainly pursue a claim for personal injuries or property damage. This is where consulting and working with an experienced and competent car accident attorney in NYC can make a huge difference to the amount that you recover as damages. Contact a New York Car Accident Personal Injury Lawyer Today Being injured in a serious car accident in New York can be a harrowing experience. Once you have ensured that you receive the necessary medical attention to recover from your injuries, it is vital that you file for damages to compensate you for the losses that you sustained. Even if you think that you have been partly to blame for the accident, or if you regret not wearing a seat belt at the time of the accident, get in touch with our car accident personal injury attorneys in New York at the earliest. At Rosenberg, Minc, Falkoff & Wolff, LLP, we understand the challenges posed by the seat belt defense law of New York. For years now, we have helped accident victims seek justice for the damages they sustained in accidents caused due to the fault of another party. Whether it is to negotiate with the insurance adjusters or represent our clients at a court hearing, our car accident lawyers have the necessary resources and experience to make sure you win the compensation to which you are entitled. For a free confidential case review, c all Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Companies often provide transportation facilities for their employees who have to travel far distances to work. This not only makes it simpler for the employee to commute but also acts as a tax write-off, proving advantageous for the employer. Like any other car traversing the congested streets of New York, a company car may also be involved in an accident and if this happens, determining liability can get quite complicated. It is important to understand the legal aspects of company car accidents in New York. Companies often provide transportation facilities for their employees who have to travel far distances to work. This not only makes it simpler for the employee to commute but also acts as a tax write-off, proving advantageous for the employer. Like any other car traversing the congested streets of New York, a company car may also be involved in an accident and if this happens, determining liability can get quite complicated. It is important to understand the legal aspects of company car accidents in New York. When is an Employer Held Responsible for an Accident in New York? Under New York’s clause of “vicarious liability”, an employer is legally liable anytime their employee is involved in a collision that occurs while traveling in a company car. If the employee causes an accident that leads to an injury to another individual, the employer is held responsible if the accident occurred at a time when the employee was performing some task related to their job. For example, an employer cannot be held accountable for an accident that occurs when the employee was driving their child to music class but will be held responsible for an accident that occurs when the employee is driving to a client meeting. Vicarious liability will apply only when the company car accident and injury occurred during the course of employment. However, there are exceptions to the vicarious liability clause. In certain unique situations, the employer is not considered liable even if the employee is acting within the scope of their employment. Generally, when the employee gets involved in some kind of a crime, the company may be able to avoid vicarious liability in New York. When is a Driver Considered at Fault for an NYC Car Accident? When a car accident is a result of a driving error, the person driving the car is considered at fault for the accident. Road crashes that occur due to speeding, tailgating, distracted driving, failing to yield way, not using the right turn signals, executing illegal lane changes, and driving when fatigued are all examples of situations that are considered the driver’s fault. If an employee has indulged in reckless driving or violated the company’s rules while making use of the car, the employee alone is considered responsible for any accident that may result. Such employees may be terminated by the company and there can be no question of the victim of the accident seeking compensation from the at-fault driver’s employer. If an employee uses the company car to run a personal errand and strikes someone, the victim cannot sue the company but will definitely sue the person who struck them. Having insurance to cover the company car helps in such instances. If you do not have such cover, it is highly likely that you will have to face a personal lawsuit. If your accident was caused due to a technical fault with the car that the company provided you, you could raise a claim against your employer. However, to be able to do so, you will have to prove that the car was defective and that the accident was entirely a result of its malfunction. Speak to a knowledgeable company car accident lawyer in New York City for the best legal advice. What is the Pure Comparative Fault in New York? Under New York law, if there are two parties at fault for an accident, both can sue the other party. How much compensation each party receives will depend on the degree of their contribution to the crash. If a driver was speeding through an intersection and collided with another driver who was texting while driving, both drivers are at fault for the accident. In these cases, if one of the drivers was using a company car, the employer can be held vicariously liable if the employee is found to be more than 50 percent responsible for the accident. What if You are Injured When Traveling in a Company Car? While negotiating the heavy traffic of New York, it is quite possible that you may be the victim of an accident when driving your company car. If this happens, you can certainly claim compensation for the cost of your medical expenses, the pain and suffering you sustained, and the wages you lose for having to take time off from work to recover your health. If you are involved in such an accident, make sure you collect details of the party at fault and promptly report the crash. In most cases, the offending driver will have insurance and you can recover damages from their insurer. However, in the rare event of the other driver not being covered by insurance, you will have to look elsewhere for compensation. Many employers provide no-fault benefits to replace a part of the wages you lose and provide for your medical expenses. Workers’ Compensation in Relation to Car Accidents in New York If an employee is injured in a car accident that takes place on work time, they may qualify to receive workers’ compensation. Whether the accident involved a personal car or a company car, the employer is liable if you were on the job when the crash occurred. Some examples of such situations include: Accidents that occur when commuting to an off-site job Injuries sustained while making a work-related delivery Collisions that take place while running an errand for your employer Any form of official travel for which you receive reimbursement from your employer What Happens After a Company Car Accident in New York? If you have been injured in an accident while traveling in the company car, make sure you immediately seek medical assistance to deal with your injuries. If your injuries are relatively minor and do not need immediate medical attention, make sure you pull your vehicle over to a safe spot and then collect photo or video evidence of the crash site and the condition of the cars involved in the crash. Get the name, address, license details, and insurance information of the other party or parties involved in the company car accident. At the first opportunity, inform your employer regarding the specifics of the accident. Company representatives will probably rush to the crash site to gather evidence that can be put together to reconstruct the events that led to the collision. Insurance companies and lawyers of both parties will get to work soon after to determine liability for the accident. This is the time when there will be an examination of the facts to determine if the concept of vicarious liability is applicable to the accident. If the accident victim accepts the offer for compensation made by the insurer of the party at fault, the case gets settled relatively faster. However, if this does not happen, the case then moves to a court trial with the jury or the judge taking the call on who is at fault and on whether the situation qualifies as vicarious liability. Seek Legal Help if You Were Involved in a Company Car Accident in NYC If you have been involved in an accident while driving a company car, on company business, it is quite likely that your employer will be responsible to handle the consequences. If you have been the victim of an accident caused by a company car, you can sue the person driving the car or their company depending on the circumstances and nature of the crash. Whatever be the specifics of such accidents, they can be legally far more complex than a simple car accident personal injury case. Therefore, it is vital that you seek legal help at the earliest to make sure you are not wrongly implicated or deprived of the benefits you deserve. Dealing with large insurance companies and private corporations can be a challenge for an average individual. Therefore, it is best to get legal representation from a personal injury lawyer who specializes in company car accidents in New York. Experienced Company Car Accident Lawyers in New York If you have been in an accident while driving your company car or if you have been injured in an accident caused by a company car, there may be several difficult questions to answer. Who was at fault for the accident – the company or the employee driving the company car? Who must pay compensation to the accident victim – the person driving the car or the company who owns the car? Is it wise to accept the settlement proposed by the insurance provider of the party at fault or should you take your case to a court trial? A competent car accident attorney can help you make sense of even the most confusing of situations so that you do not end up paying damages when it is the company that must do so. If you have been injured by a company car, a tenacious car accident lawyer can help you easily get the compensation you deserve. Our personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have several years of experience working with accidents involving a company car. We have helped several hundreds of clients get the compensation they deserve for the injuries they have suffered. To know more about how we can help you, c all Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Most of us use parking lots every day as part of our daily routine of driving and commuting, without giving them much thought. While it is not a cause of much concern or immediately obvious, there are several ways a person might sustain injuries in a parking lot. Most of us use parking lots every day as part of our daily routine of driving and commuting, without giving them much thought. While it is not a cause of much concern or immediately obvious, there are several ways a person might sustain injuries in a parking lot. Defective or insufficient lighting and security in a parking lot can often lead to accidents that cause injuries and damages to innocent victims. An under-construction parking area, with slippery surfaces and other hazards, can result in slip and fall accidents leading to injuries. Or a negligent driver may hit your vehicle while backing out of their spot. If you or someone you know is the victim of a parking lot accident in New York City, you must seek legal counsel and consider the legal options to claim compensation for your injuries. Hazards in NYC Parking Lots Parking lots in New York are full of pedestrians, shopping carts, and vehicles moving in all directions. Often, pedestrians and motorists may be preoccupied and distracted by several things like stressful tasks, boisterous children, or even cell phones. Any of these distractions may result in an unfortunate accident. Sometimes, accidents involving stationary vehicles can even result in fatalities. According to an Insurance Information Institute (III) report, parked vehicles were involved in 1.2% of all fatal car accidents. Some typical parking lot accidents may include: Head-on crashes Rear-end crashes Sideswipe – where a car accidentally backs into another car Swinging wide while pulling into an empty space in the parking lot Not staying in one’s own lane Collisions involving pedestrians Collisions involving bicyclists Road rage incidents Hit and run accidents How Are Parking Lot Owners Responsible? Apart from ensuring compliances of all safety standards applicable to a parking lot operation, the parking lot owners also need to carry out timely inspections of the car parks. They must take adequate steps to warn the users about any hazards found during a routine inspection or arrange to repair such hazards. In certain cases, the parking lot owner can be held fully or partially liable for injuries and damages suffered by a motorist or pedestrian, if an accident occurs in the parking lot owned by them. How Are Motor Vehicle Drivers Responsible? These are some of the many acts of negligence by motor vehicle drivers that have the potential to cause injuries and damages in a parking lot accident in New York City: Speeding excessively while driving through a parking lot Driving while distracted by cell phone, navigation system, or on-board entertainment in the vehicle Disregarding signs and traffic signals present inside the parking lot Not allowing the right-of-way to pedestrians at crosswalks present throughout the parking lot Driving under the influence of alcohol or drugs Driving at far greater speeds than are conducive for the prevalent traffic or weather conditions that exist inside the parking lot Who Is Liable in an NYC Parking Lot Accident? The individuals, entities, or multiple parties responsible for a parking lot accident in New York may include: Motor Vehicle Drivers All drivers share the responsibility of ensuring other users’ safety in a parking lot by following the rules and being always aware of the surrounding environment. Passengers Passengers also must share the responsibility of keeping other occupants safe in the car. Their negligence in diverting the vehicle driver’s attention, intentionally or otherwise, might sometimes lead to an accident. Pedestrians Negligent behavior by distracted pedestrians, such as suddenly stepping out into the path of an oncoming car, can cause a collision resulting in injuries and damages. Pedestrians must carry out their duty of care towards others by following the signs and rules inside a parking lot, failing which they may be legally liable for parking lot accidents. Parking Lot Owners The premises liability laws in New York clearly define the duties and responsibilities of parking lot owners in demarcating parking lanes and maintaining the parking lot according to the safety standards and specifications. The parking lot owners must make sure to repair all obstructions, hazards, or defective parking slots on time, or clearly mark them with warning signs. Third-Party Liability in a New York Parking Lot Accident Most parking lots are on private property but that does not in any way absolve the parking lot operators, drivers, or pedestrians from their legal duties. An individual, entity, or multiple parties may be liable for personal injuries or damages if their negligence is the cause of a parking lot accident. Private car park owners have a legal obligation to take adequate precautions to maintain safe and secure conditions for drivers, pedestrians, and other car park users. Mostly, the legal process after a New York parking lot accident is not much different than a motor vehicle accident anywhere else. The only exception is the subject of third-party liability. Highway accident victims usually find it difficult to hold road makers legally liable for any negligence resulting in unsafe road conditions. Gather Relevant Information at the Accident Scene The police response to a private parking lot accident may not be at par with their response to an accident on a public road. Mostly, there is no reassurance that there will be police response to a car park accident, except in rare circumstances where injuries or damage to the property are serious. However, it is your responsibility to inform the police if there is an accident, and especially if you are the victim of the accident with resultant injuries. If there are no police at the scene of the accident, you may have to step up and gather all the accident-related evidence, to make up for the lack of the initial police report. As part of the important evidence-gathering exercise, you may need to gather information including: The driver’s name Vehicle owner’s name if it is different than the driver Names of the passengers, if any Make, model, and license plate number of the other motor vehicle Insurance details, including policy number, company name, and the contact details Pictures and if possible, the video surveillance tapes of the accident scene Names and contact details of security personnel at the parking lot Names and contact details of witnesses and bystanders at the accident scene Once you and other people around you are relatively safe, you must visit a doctor to get an initial assessment of your injuries. As a next step, you must seek legal counsel and look to hire an experienced New York parking lot accident attorney to make sure that your legal rights are adequately protected. Safety Measures in Parking Lots When Dealing with Winter Weather As a Pedestrian Wear Appropriate Footwear The main reason for slip and fall accidents in parking lots is snow and ice, combined with poor lighting. Flip-flops and sandals might work in nice weather, but you will require shoes with sufficient tread or snow boots with flat soles in the winter. A random slick spot from a frozen puddle could do you in. Be Aware of Your Surroundings Keep your complete focus on your surrounding environment by cutting out distractions like your cell phone and being aware of where you are walking and what is happening around you. Make sure to take defensive or evasive action vis-a-vis the motor vehicles in the parking lot. Make clear eye contact with motorists before crossing their paths, as the drivers might have more than usual blind spots because of uncleared snow on their vehicles. As a Motorist Drive with Caution It is not just the pedestrians who are at risk in a parking lot. You must be careful while driving in an area where pedestrians and other motor vehicles surround you. Follow the designated lanes and signs for speed limits. Avoid unnecessary cutting across empty parking spaces. Snowbanks during the winters can reduce visibility. Also, the uncleared snow on the vehicle increases blind spots. Clear as much ice and snow from the vehicle, adjust and clean the mirrors and focus on driving when pulling out of your parking spot. We Represent Clients Injured in Public & Private Parking Lots in New York It is a well-known fact that pedestrians have minimum protection and are susceptible to accidents and injuries in parking lots. A pedestrian struck by a moving motor vehicle can easily fall to the ground and strike their head, arms, back, or any other body parts, resulting in severe injuries. These pedestrian injuries may include serious traumatic brain injury, broken bones, fractures, soft tissue tears, paralysis, spinal cord injuries, and even fatality. If you or someone you live with has injuries from such falls or accidents in a private or public parking lot, the highly experienced and competent attorneys at Rosenberg, Minc, Falkoff & Wolff, can protect your legal rights while fighting for full and fair compensation for you. Our able and skillful New York City attorneys are known for their evidence-gathering skills, proficient negotiating skills, as well as solid advocacy in court. To schedule a free and confidential initial case evaluation or consultation or with a fine parking lot accident attorney, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

One in four car crashes reported in New York City is hit and run accidents. While the law in New York requires the negligent driver to stay at the accident site until the police arrive or things are settled, in many cases, the at-fault motorist may attempt to flee after the accident in the hope to avoid liability, while leaving behind injured people. One in four car crashes reported in New York City is hit and run accidents. While the law in New York requires the negligent driver to stay at the accident site until the police arrive or things are settled, in many cases, the at-fault motorist may attempt to flee after the accident in the hope to avoid liability, while leaving behind injured people. If the negligent driver has left without providing identification and contact details and without any reasonable cause, the accident in New York will be considered a hit and run case. Victims in these accidents are left alone, and they may believe they have no way to seek compensation for their injuries and losses in this situation. However, when you have a seasoned New York hit-and-run accident lawyer on your side, you are not alone. Steps to Take after a New York Hit and Run Collision If you or someone you love has suffered injuries in an NYC hit and run collision, you should make a call to 911 as a first step. You will require a thorough medical exam and emergency care to evaluate and treat your injuries and avoid the risks of delayed treatment. At the first opportunity, you should try to make notes of the incident and write down any details that you may recall about the at-fault driver and their vehicle. Make a note of the color, model, and make of the vehicle, any portion of the license plate, or a description of the driver and passengers, if any. While you are still at the scene of the accident, try to identify eyewitnesses and obtain their contact details. This will help your NY hit and run attorney prepare a stronger case and make assist in tracking down the at-fault driver. After your emergency medical treatment, you should look at your auto insurance policy to assess your coverage. A regular NYC car insurance policy may not cover serious injuries adequately. However, you may explore your options in consultation with a knowledgeable hit-and-run accident attorney in New York. They can help you pursue a claim to obtain the maximum possible coverage from your insurer. If they successfully track down the at-fault motorist, they can ensure that you receive the full personal injury damages you are entitled to under the law. The Law Requires You to Remain at the Accident Site in NYC In a New York car accident, you have a legal obligation to stay at the accident site if the collision has resulted in personal injury, death, or significant property damage. The law specifies as follows: Death or Injury: If an auto accident results in death or personal injury, the motorists must remain at the accident scene and inform the police – provided they are physically in a position to do so. The drivers involved in the crash are also required to exchange information that may be pertinent to a personal injury claim and insurance. Property Damage: If no personal injury has occurred and the property damage is less than $1,000, a motorist in New York is not required to report to the police or wait at the accident site. However, even in this case, the drivers must stop in order to exchange information related to insurance. If a motorist in New York City leaves the scene of an accident without waiting for the police or without exchanging relevant information, it will be considered a case of hit and run accident. NYC Hit and Run Cases and Negligence Per Se Irrespective of who might be at fault in a car accident, under the New York laws, it can be an offense to leave the scene of an accident without stopping and without exchanging information. A skilled NYC hit and run accident attorney can investigate the case to identify the driver who fled from the scene of the accident and use that fact to establish their negligence and obtain maximum personal injury compensation for you. Under New York law, the doctrine of negligence per se will apply in these cases. Under this doctrine, negligence will be presumed when a party breaks a law that was aimed to protect against the type of damage that has taken place. In the past, NY courts have said that any violation of the New York vehicle and traffic law will be considered as negligence per se. Therefore, when an at-fault driver in NYC is charged with a hit and run, your attorney can help to use this rebuttable presumption of negligence. Your lawyer will focus on proving the following: The hit and run motorist violated a law This law was intended to prevent the particular type of personal injury that occurred As a victim, you actually suffered the injury, and this safety statute was aimed at protecting you When your lawyer establishes these facts, the court will presume that the at-fault hit and run driver was negligent. At this point, the burden of proving otherwise will lie with this party. Financial compensation becomes more feasible when your lawyer invokes the doctrine of negligence per se in these cases. Filing a Hit and Run Claim with Your Insurer As a “no-fault” state, New York requires you to file a claim in a hit-and-run accident with your own insurance provider first. This must be done no matter who is responsible for your injuries. Therefore, depending on your extent of damages, you may sometimes be able to make a full recovery from the insurer even when the at-fault party is traceable. But you should know that the insurance company is not going to favor you, and will only focus on how to diminish or deny your claim for compensation. A dedicated and capable New York hit-and-run accident lawyer will be able to negotiate strongly with the insurance company and protect your right to compensation. Hit and run accidents, in particular, often result in catastrophic injuries. Therefore, your damages may far exceed what your NY insurance coverage might pay. For these reasons, it is vital for you to have a resourceful hit-and-run accident lawyer on your side as soon as possible so that a strong case for damages is pursued in your favor. What is MVAIC? It is possible that you have suffered injuries in a hit-and-run collision in New York, but you do not have uninsured motorist (UM) insurance. In this situation, you can pursue your case for compensation through the MVAIC or Motor Vehicle Accident Indemnification Company. MVAIC is designated to assist people who are without coverage of their own. To ensure your eligibility for this option, you are required to report your hit and run accident to the police with 24 hours of your crash. Thereafter, you must also report the accident to the MVAIC. It is best to have a capable attorney who can help you navigate the process.  Notifying the police about your accident is a key requirement, regardless of whether you have MVAIC or UM. Your lawyer will know these requirements and will help ensure that you do not miss any of them. Criminal Charges against the Hit and Run Driver in New York Consider a situation where the police identify the hit and run driver and charge them a violation of the law. A criminal case against the at-fault party will not take away your right to file a personal injury claim, which is a civil lawsuit. Both civil and criminal cases can proceed simultaneously because they are distinct from each other. Sometimes, the personal injury civil case may be put on hold until the criminal case is concluded. The court may do this to give the hit-and-run drivers a chance to defend themselves against the more serious criminal charges. Your goal should be to file your personal injury lawsuit as soon as possible. This will ensure that your claim is not time-barred even if it may be put on hold. The moment the criminal case against the defendant is completed, your personal injury case will be accepted immediately. While the outcome of the criminal case in a hit and run accident will not directly impact your personal injury claim, a skillful New York personal injury attorney can utilize a criminal conviction to your advantage and maximize your compensation. Choose a Top-Rated Hit and Run Accident Lawyer in New York City Rosenberg, Minc, Falkoff & Wolff is one of the leading and most respected personal injury law firms in New York that can help you achieve your rightful damages after a hit and run crash. Our legal team is committed to helping you go back to your normal life and attain closure from this traumatic incident as soon as possible. We will leave no stone unturned in trying to locate the hit and run driver and hold them liable for their actions. When you have our accomplished New York personal injury attorneys on your side, you will not have to deal with the challenges of your unfortunate hit-and-run injuries alone. To set up a complimentary consultation with one of our dedicated lawyers, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

The act of moving from a lane that ends to enter into another lane that continues forward is known as merging. This is an extremely critical maneuver and any error at this stage can lead to a merging accident. Most merging accidents in New York are known to occur when drivers change lanes without indicating their intention through a turn signal. Occasionally, a car driver will cross over multiple lanes or merge in such a way that they cut off someone on the lane into which they merge. The act of moving from a lane that ends to enter into another lane that continues forward is known as merging. This is an extremely critical maneuver and any error at this stage can lead to a merging accident. Most merging accidents in New York are known to occur when drivers change lanes without indicating their intention through a turn signal. Occasionally, a car driver will cross over multiple lanes or merge in such a way that they cut off someone on the lane into which they merge. Determining liability for a merging accident can be complex and depends on several factors such as whether both drivers merged together, or whether one of them was speeding or distracted while driving. Even if you are worried that you may be partially at fault for a merging accident, it’s judicious to consult a personal injury lawyer in New York to find out if you can claim damages for the injury you sustained in the accident. Common Causes of Merging Accidents in NYC It is a well-known fact that a majority of merging accidents occur due to entirely avoidable causes. The most common among these include the following: Failure to Signal a Turn The most basic of traffic laws say that a driver who wishes to execute a turn must indicate their intention to do so. When you suddenly make a turn without having previously signaled it, the other drivers on the road are unaware of your intention and may not be able to avoid colliding into your vehicle in time to stop an accident. Crossing Multiple Lanes A car driver who suddenly moves in a manner that involves crossing many lanes together has poor visibility, especially of the lane that is farthest from them. Such crossing is yet another reason for merging accidents. Merging Too Fast or Too Slowly When you merge into a lane, it is vital that the speed of your vehicle match the pace of the rest of the traffic on that lane. Moving too fast or too slowly at the time of merging can confuse other drivers and also cause you to panic and lose control of your vehicle, resulting in a crash. Speeding While speeding at any point on the road is dangerous, it becomes even more so at the time of merging. When you drive at a speed above the prescribed limits, you cannot react in time to the movements of other vehicles on the road, particularly those who are merging ahead of you. Cutting Off Another Vehicle When you drive in a manner that cuts off another approaching vehicle at the time of merging, there is a greater possibility of your vehicle sustaining a rear-end collision. Road Distractions Signs on the road or the presence of electric poles close to the merging point can distract attention away from the approaching vehicle. This may result in your inability to notice other vehicles around you or render your vehicle invisible to others on the road. Driving Without Lights at Night At night, the lights of your vehicle serve to not just illuminate your path, but also to warn other vehicles of your presence. Driving without lights at night makes your presence unnoticeable to other drivers on the road, and this can easily lead to a merging accident. Who is Liable for a Merging Accident in New York? Under New York law, there are specific guidelines that have been laid down to determine liability in a merging accident. Liability is determined by first considering the specific circumstances surrounding the accident and also by trying to find out if either of the involved drivers flouted road safety rules at the time when the accident occurred. When a driver makes an attempt to enter a lane, it is considered as their responsibility to enter it in a safe manner. If the entry is such that the merging car collides with another vehicle, it is the merging driver who is naturally considered to be at fault for the accident. However, there may be situations when the other driver may be partly or equally responsible. For example, if the other car was speeding or the driver was distracted, it could be their fault for not reacting in the appropriate manner to the merging vehicle. In a few rare cases, if there was an issue with the way the lane merging area was maintained, or a problem with visibility, the government entity responsible for the road’s upkeep may also be at fault. Determining fault in middle lane merges is often far more complicated because it can be difficult to decide how much of the fault was shared by both the merging drivers. Tips to Avoid Merging Accidents Human error is often the most common theme in merging accidents and therefore, the best way to avoid them is to drive in a safe and cautious manner. Here are a few tips to follow when merging onto a lane: Always make use of the turn signal to indicate the direction in which you plan to move. This helps other drivers around you to plan their movement so that there is enough space for you to make your maneuver without crashing into another car. Never speed while driving, and be even warier of greater speeds when you are close to a merging point. Always drive at a consistent speed so that your movements are not unpredictable for vehicles around you. Reacting to sudden events on the road is definitely more difficult at higher speeds and easier when you are moving at a constant pace. Resist the urge to tailgate someone and leave them enough space to enter the lane. Your aggressive driving can often trigger the same reckless behavior in drivers around you and increase the chances of a car collision. Never stop abruptly when in the flow of traffic where the vehicles are moving at a constant pace. Whether you are merging into another lane or not, your stopping will force other drivers to maneuver around your car, and this can lead to complications that render you liable for the merging accident. Drive in a consistent manner, sticking to your lane as far as possible. Weaving in and out of traffic and changing lanes in a random manner can increase the risk of a collision as well as a merging accident. Be cautious when merging and pay careful attention to other vehicles in your vicinity before merging. Use the mirrors on your car to see how drivers behind you are placed; look out for anyone else who is indicating an intention to turn, and keep an eye out for other drivers who may be speeding. What Must You Do If You Have Been in a Merging Accident? If the vehicle you are driving is involved in a New York merging accident, make sure you pull to a stop on a safe part of the road. Check if you have injuries that require immediate medical attention and call for an ambulance or medical help. If there is no such emergency, the next step to undertake is to call the police and file a report of the accident, giving a clear explanation of the situations that culminated in the accident. Exchange contact information with the other driver or drivers who were involved in the accident. Get information regarding their license and also the insurance details. If there were other drivers who witnessed the merging accident, collect their contact information too because you may require it later to support your report of the accident circumstances. Use your cellphone to take pictures of the accident site. They will serve as evidence of the situations, the conditions of the road, and the extent of damage caused by the accident. The most important step that comes next is to contact a personal injury attorney in New York who is experienced in dealing with merging accidents and can help you claim damages for the losses you suffered. Contact a Merging Accident Personal Injury Lawyer in NYC Today If you or a loved one has been injured in a merging accident in NYC, it is vital you have the right legal representation to pursue your claim for damages. Determining liability can be complex in a merging accident and only the most experienced and skilled lawyers can help you prepare a case that is strong enough to establish the negligence of the other party. If you have a case with points firmly in your favor, it is quite likely that the insurance company of the party at fault will try to settle the case without going to trial. Having a competent personal injury lawyer can be crucial to ensuring that you get the best possible settlement amount that you rightfully deserve. At Rosenberg, Minc, Falkoff & Wolff, LLP, our attorneys are dedicated to protecting your rights in a merging accident and will put to use all our resources to make sure you get the compensation to which you are truly entitled. To know more about how we can help in your merging accident case, call us today at 212-344-1000 or contact us online for a free and confidential case review. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.