New York City is a bustling hub of activity, its streets filled with cars, buses, taxis, and pedestrians at every turn. Whether traveling on the FDR Drive, navigating the Brooklyn-Queens Expressway (BQE), or weaving through the congested lanes of Canal Street, drivers in the city face unique challenges. Unfortunately, this dense web of roadways can be a hotspot for car accidents, leaving individuals and families to deal with physical, emotional, and financial pain.
If you or a loved one has been injured in a car accident in New York City, the Rothenberg Law Firm LLP can help. Our dedicated team understands how traumatic car accidents can be, and we believe no one should face such a challenging time alone. Speak with a New York car accident lawyer at our firm who will offer the compassion, guidance, and fierce advocacy you need to right the wrongs that have impacted your life.
Why Choose Rothenberg Law Firm for Your Long Island Car Accident Claim
For over 50 years, the Rothenberg Law Firm has been standing up for accident victims who need it most. Our firm has built its reputation on being a voice for those injured because of someone else’s negligence. We are proud to have recovered billions of dollars in compensation for our clients, not just because of the result but because we know the profound difference it makes in the lives of those we represent.
What sets us apart is our approach. At the Rothenberg Law Firm, we treat every client like family. When we take on your case, we approach it with the same care, dedication, and determination as if we were advocating for a loved one. Our team takes pride in not just being legal advisors but also being a support system to help rebuild the lives of those devastated by an unexpected accident.
Additionally, we prepare each case with the expectation that it will go to trial. This ensures we are always ready to challenge negligent defendants and their insurance companies to secure the full and fair compensation you deserve. While many cases settle successfully, our willingness to take your claim to court when necessary sends a clear message that our clients cannot be shortchanged. When you choose the Rothenberg Law Firm, you’re choosing relentless advocates who give their all to make things right.
Laws Affecting Car Accidents in New York City
New York State has specific laws that impact car accident cases, which can be complex for anyone unfamiliar with them. Below, we’ll break down the key legal principles that affect accident claims in the city.
New York’s Statute of Limitations
Time matters when it comes to filing a car accident claim. New York imposes a strict deadline, known as the statute of limitations, for pursuing compensation. Generally, you have three years from the date of the accident to file your personal injury lawsuit. If you fail to act within this timeframe, you may lose the ability to recover damages entirely.
It’s important to note that there are exceptions to this rule. For instance, if your claim involves a government entity, such as a city-owned vehicle, shorter deadlines may apply. Consulting with a car accident lawyer as soon as possible helps ensure your case is filed on time and in accordance with the law.
New York’s No-Fault Insurance System
New York operates under a no-fault insurance system, meaning your own auto insurance policy will cover certain costs after a car accident, regardless of who was at fault. These benefits, known as Personal Injury Protection (PIP), typically cover medical expenses, lost income, and other related expenses up to policy limits.
However, there’s an important exception to this rule. If your injuries meet New York’s “serious injury threshold,” you can step outside the no-fault system and file a car accident lawsuit against the at-fault driver for additional damages, such as pain and suffering. Serious injury can include fractures, significant disfigurement, loss of a fetus, or injuries that prevent you from performing daily activities for at least 90 days. Proving serious injury can be challenging, so having an attorney by your side is key to building a strong case.
New York’s Pure Comparative Negligence Rule
New York follows a pure comparative negligence rule, which means you can still recover compensation even if you were partially at fault for the accident. However, your recovery will be reduced by the percentage of fault you’re assigned. For example, if you’re deemed 30% responsible for the accident and awarded $100,000, your compensation will be reduced to $70,000.
Insurance companies often try to assign as much fault as possible to accident victims to lower their payout. With the Rothenberg Law Firm on your side, we will fight to minimize any unfair fault assessments and maximize the compensation you receive for your injuries.
Do I Have a Car Accident Case?
At the heart of most car accident claims is the concept of negligence. Negligence occurs when someone breaches their duty to act with reasonable care, leading to harm. To successfully pursue a car accident case, you must prove the following four elements of negligence:
- Duty of Care
Drivers in New York have a legal responsibility to operate their vehicles safely and follow traffic laws to protect others on the road. This duty extends to pedestrians, passengers, and other drivers. - Breach of Duty
When a driver behaves carelessly or recklessly, such as by texting while driving, speeding, or running a red light, they breach their duty of care. - Causation
It must be proven that the driver’s breach of duty directly caused your injuries. For example, if a speeding driver crashes into your vehicle and causes you to sustain a spine injury, their actions are the cause of your harm. - Damages
Finally, you must demonstrate the damages you suffered as a result of the accident, such as medical expenses, lost wages, and pain and suffering.
Proving these elements requires a thorough investigation, evidence collection, and often, expert testimony. Our experienced attorneys know how to build compelling cases for our clients, ensuring they have the best chance of recovering the compensation they deserve.
Who May Be Held Liable in a New York City Car Accident?
Determining who is responsible for a car accident in New York City can be very complex as multiple parties may share liability. Identifying the right party or parties is critical to building a strong case and securing the compensation you deserve. Here are some examples of who may be held responsible:
- Negligent Drivers
Drivers who break traffic laws, drive distracted, or act recklessly are often the main parties responsible for accidents. Whether someone was speeding, texting, or driving under the influence, their negligence could make them liable for your injuries. - Employers of Commercial Drivers
If the accident involved a commercial vehicle, such as a delivery truck or rideshare car, the driver’s employer might be liable for the crash. Employers are responsible for the actions of their employees operating vehicles during the course of their work. - Vehicle or Parts Manufacturers
Defective vehicles or parts can cause serious accidents. If a faulty brake system, airbag malfunction, or design flaw contributed to the collision, the manufacturer or designer of the vehicle or part could be held accountable. - Government Entities
Poorly maintained roads, faulty traffic signals, or hazardous conditions on public property may place responsibility on a local or state government agency. Suing a government entity involves specific rules and deadlines, so having an experienced attorney is essential for these claims.
The experienced lawyers at the Rothenberg Law Firm carefully investigate all potential sources of liability to ensure all responsible parties are held accountable for your accident.
Compensation Available to NYC Car Accident Victims
A car accident doesn’t just cause physical injuries; it can disrupt every part of your life. If you’ve been hurt, you may be entitled to compensation for a wide range of damages. These include:
- Economic Damages
These damages cover measurable financial losses such as medical bills, rehabilitation costs, lost wages, and damage to your vehicle. Future costs, like ongoing healthcare or reduced earning capacity, may also be included. - Non-Economic Damages
Not all losses can be calculated with receipts or pay stubs. Non-economic damages compensate victims for pain and suffering, emotional distress, the loss of enjoyment of life, and the impact the injuries have had on personal relationships. - Punitive Damages
These are awarded in rare cases where the at-fault party’s conduct was particularly reckless or egregious. Punitive damages are designed to punish wrongdoing and deter similar behavior in the future.
At the Rothenberg Law Firm, our team will work closely with you to ensure that the compensation covers the full scope of the harm you’ve endured. We’ll tailor our approach to advocate for what you need to rebuild your life.
The Insurance Company Offered Me a Settlement. Should I Take It?
If an insurance company has offered you a settlement, you may feel tempted to accept it immediately. After all, dealing with the aftermath of a car accident is stressful, and financial pressure can make a quick payout seem appealing. However, insurance companies often present their initial offer to minimize what they pay, not to fully compensate you for your injuries and losses. That’s why consulting with an experienced New York car accident attorney is essential before making any decisions.
When you work with the Rothenberg Law Firm, we will carefully evaluate the details of your case to determine the true extent of your damages. This includes not only medical bills but also lost income, emotional trauma, and any future expenses related to your injuries. Once we understand the full impact of your accident, we can counter insurance companies' lowball offers and advocate for the compensation genuinely needed to restore your life.
Don’t risk leaving money on the table or, worse, signing away your legal rights. Before you speak with an insurance adjuster or consider any settlement offers, contact us to ensure your case is handled with the expertise and care it deserves.
How Much Does a NYC Car Accident Attorney Cost?
The idea of hiring an attorney can feel overwhelming, especially after a serious accident has already left you with financial stress. You may be wondering, “Can I afford quality legal representation?” At the Rothenberg Law Firm, the answer is yes.
Our team works on a contingency fee basis, which means you don’t pay any upfront costs. We only get paid attorney’s fees if we successfully recover compensation for you. This structure allows anyone, regardless of their financial circumstances, to pursue justice without worrying about legal fees.
When you choose our firm, you’re choosing skilled advocates who are 100% committed to your case. There’s no risk to you—we only succeed when you succeed.
How Can a Lawyer Help with My Auto Accident Case?
After a car accident, you may feel like the odds are stacked against you. Dealing with insurance companies, gathering evidence, and navigating legal rules can quickly become overwhelming. A car accident lawyer can handle these challenges for you, ensuring your right to fair compensation is protected. Here’s how our team can help:
- Thorough Investigation
We will gather evidence to build a strong case, including accident reports, witness statements, photos, medical records, and more. We may also work with accident reconstruction experts to establish liability. - Handling Insurance Companies
Insurance adjusters often prioritize protecting their bottom line over offering fair settlements. We will communicate with the insurance companies on your behalf, negotiating aggressively to secure a compensation package that reflects the full value of your claim. - Legal Representation in Court
While many cases settle outside of court, some require litigation. If your case goes to trial, you can count on our team’s extensive courtroom experience and diligent preparation to fight for justice on your behalf. - Providing Support and Guidance
Beyond the legal process, we know how hard life can be after a car accident. Our lawyers take the time to understand your unique circumstances and provide the compassionate support you need to focus on healing.
Don’t go through this alone. From beginning to end, the Rothenberg Law Firm is here to make your path to recovery as smooth as possible.
Contact Our Dedicated New York City Car Accident Lawyers Today
New York City Personal Injury Lawyer, Allen L. Rothenberg, Esq.
Suffering injuries in a car accident can turn your life upside-down in an instant. At the Rothenberg Law Firm, we’re committed to giving victims and their families the support and compassion they need to move forward. With over 50 years of experience and billions of dollars recovered for our clients, we are here to fight tirelessly for the justice and compensation you deserve.
Contact the Rothenberg Law Firm today at (800) 624-8888 or through our online form to speak with a caring legal professional during a free consultation. There’s no cost to get started, and no fee unless we secure compensation in your case. You have nothing to lose and everything to gain by taking this important step.
New York City Car Accident Lawyers FAQs
Who Will Pay for My Injuries?
New York is a “No-Fault” state, which has both benefits and disadvantages for those seeking financial recovery after being injured in an auto collision.
Under No-Fault insurance laws, your auto insurance provider is obligated to provide you with personal injury protection (“No-fault”) benefits after a car accident, regardless of who was at fault in the accident.
No-fault benefits are a part of your auto insurance policy and pay for medical treatment and out-of-pocket costs, up to policy limits (a minimum of $50,000). These benefits are a primary source of compensation in almost every injury claim.
No-fault benefits do not cover all losses or situations. Property damages are not covered, and benefits are not available to owners of uninsured vehicles nor riders and passengers in motorcycle accidents.
The No-Fault Insurance rules offer New Yorkers two significant advantages. If you are injured in an accident, you will automatically receive coverage for your injuries, regardless of whether you were at fault in the accident.
This is particularly important when you are injured due to negligent driving by an uninsured driver or underinsured motorist. Importantly, you will receive this compensation relatively quickly.
At the same time, the No-Fault system can hinder your auto accident claim, as it does not allow compensation for additional damages like "pain and suffering" and other non-economic damages suffered in the accident.
To file a civil claim against the at-fault driver or another liable party for "pain and suffering," your injuries must qualify as a "serious injury" according to New York law.
To meet the serious injury threshold in New York, accident victims must experience either bone fracture, dismemberment, significant disfigurement, permanent limitation of use of a body organ or member, a significant limitation of use of a body function or system, or a full disability for 90 days.
If you have suffered injuries that meet these criteria, you are not limited to receiving No-Fault benefits from your insurance provider.
In these instances, you can bring a personal injury lawsuit against the at-fault party and may seek financial compensation for all types of injuries, both economic and non-economic.
Call an automobile accident attorney today to learn about your legal options.
What Types of Compensation Can I Receive After a Car Accident in New York?
It is impossible to make generalizations about the value of any car accident case without knowing the details of the injuries and the circumstances in which the accident took place.
The law allows recovery for a wide range of economic and non-economic damages, many of which may not be readily apparent to the injured party.
By contacting a car accident lawyer from our law firm, you may find that you are eligible for multiple forms of compensation, such as:
- Pain and suffering from physical injuries
- Emotional damages
- Lost past and future income
- Future financial costs and economic losses
- Loss of health care benefits
- Money for future medical bills
- Loss of value of household services
- Non-economic damages such as loss of consortium (where your spouse has been negatively impacted by your injury), loss of quality of life, loss of enjoyment of life, and other non-economic losses
- Punitive damages
- Wrongful death claim (following fatal collisions)
An experienced New York car accident attorney will always consider a range of issues when making determinations about what damages to seek.
Insurance adjusters are notorious for drastically underestimating the value of victims' injuries. Only an experienced motor vehicle accident lawyer with a duty to fight for your interests can provide a fair assessment of the value of your case and ensure you receive fair compensation for your injury claim.
Should I Accept the Insurance Company's Settlement Offer After My Car Accident?
Insurance companies and insurance adjusters are not your friends. Insurance companies aim to pay as little as possible for every claim, to maximize their company's profits.
No matter how nice the insurance adjuster seems, the adjuster's only goal is to pay you as little as possible. The adjuster is usually rewarded for resolving your claims quickly and for as little as possible.
For these reasons, an insurance adjuster will often contact you immediately after your car accident and may even offer to visit you soon after an accident.
The adjuster's goal is to convince you to accept a settlement worth far less than you deserve and is often ready to buy you off with immediate payment.
This is an underhanded tactic used to quickly end the claims process when an injured party is at their most vulnerable.
It is extremely important not to fall prey to the common practices of insurance companies. There is no reason to rush into accepting a settlement without first seeking legal help.
You should always think through all decisions before signing away your legal rights without being fully informed of the consequences. Not even your own insurance company works for you – we work for you.
What Should I Do After a Car Accident in New York?
The moments following an accident can be the most terrifying time of one's life. Before anything else, call the police or 911 and make sure that anyone injured in the accident receives the medical attention they require.
After everyone has received the medical treatment, your next step is to obtain crucial information for your potential lawsuit.
The responsible party may not remain at the accident scene until a police officer arrives. If possible, collect insurance information, addresses, witness testimony, video evidence, and other relevant information from the other drivers involved in the collision.
Make sure to remain at the scene until a police officer gets to the scene of the accident, and files an accident report.
The police report will identify the other drivers and vehicles involved in the crash, and the relevant insurance companies and may also include witness statements. An accurate police report is important to ensure relevant evidence is recorded.
Although it is important to honestly answer the police officer's questions, be careful to avoid saying anything that could be construed as an admission of fault.
If you require medical treatment of any kind, collect any medical documentation or medical records that may be relevant to your claim for compensation.
Finally, seek legal advice from a New York car accident lawyer as soon as possible.
How Much Money Is a Car Accident Worth in New York City?
It is impossible to make generalizations about the value of any car accident case without knowing the details of the injuries and how the accident took place.
The law allows recovery for a wide range of injuries and monetary losses, many of which may not be readily apparent to the injured party.
Be careful not to fall for the trap of believing the worth of your case based on the value that an insurance adjuster has placed on your claim or solely on property damage.
Only an experienced motor vehicle accident attorney with a duty to fight for your interests can provide a fair assessment of the value of your case.
Do I Have a Car Accident Case?
As a general rule, if you were injured as a result of the negligence of someone else, you may have a legal claim against the person who injured you.
Because every situation is very fact-specific, you should always consult a personal injury attorney to review the facts and circumstances of your situation.
In many cases, there may be negligent parties who are not immediately obvious, such as government agencies responsible for poor road conditions. Call us for a free consultation to learn how the law applies in your case.
Can I Handle My Car Accident Case on My Own, Or Do I Need a New York City Car Accident Lawyer?
According to New York's No-Fault rules, there is a 30-day time frame to file a claim for benefits following a car accident.
Therefore, before proceeding on your own, it is crucial to understand the pitfalls of trying to handle your case without legal representation.
Following a car crash in NYC, especially in our fast-moving city, it is understandable for an individual to want to settle the matter quickly and move on as soon as possible without getting help from an experienced lawyer. But trying to handle the matter on your own will place you at a serious disadvantage.
The party responsible for your accident will almost certainly be represented by insurance lawyers whose sole goal is to pay you as little as possible for your injuries.
Insurance companies often calculate the value of car accident claims based on how aggressively the injured party fights for full compensation for the harm caused.
When you retain an experienced car accident lawyer to fight for you, you are ensuring that you are not taken advantage of by the other side.
Retain a lawyer with vast experience in handling car accident cases, who can stand up to the insurance company.
If the other side refuses to cooperate and your case requires judicial intervention, the lawyer must be prepared to take the case to court for a jury verdict to ensure full and fair recovery.
Knowing that you are willing to take all steps necessary to ensure justice by obtaining experienced legal counsel will often convince the opposing side to make a better offer right from the start.
You need trial lawyers knowledgeable and experienced in New York law to fight for your rights and to show the insurance company that you are serious about your case.
Our auto accident attorneys will take your injury case on a contingency fee basis, which means that they are only compensated following a successful recovery on your behalf.
What Is the Statute of Limitations for A Car Accident in New York?
New York's Statute of Limitations allows accident victims to file a negligence lawsuit for up to three years from the time of the automobile accident.
After a fatal car accident, the family or representative of the decedent has only 2 years to file a wrongful death lawsuit in New York.
Government claims, such as when a car accident is caused by the negligence of a government agency employee or government entity, must be filed more quickly than other legal claims.
Given the time limitations, it is important to call or contact our legal team right away to ensure that you can file a personal injury claim and do not waive your rights to financial compensation.
Should I Accept the Insurance Company’s Settlement After My Car Accident?
It cannot be reiterated enough that insurance companies are in the business of paying as little as possible for every claim, to help them maximize company profits.
No matter how nice the insurance adjuster seems, the adjuster’s only goal is to pay car accident victims as little as possible. The adjuster is usually rewarded for resolving claims for as little as possible and as quickly as possible, thus taking money away from you that you deserve.
For these reasons, an insurance adjuster will contact you immediately after your car accident and may even offer to visit you soon after an accident.
An adjuster often comes ready to make an immediate payment to convince you to accept a settlement worth much less than you deserve.
This is an underhanded tactic used to end a matter right away when an injured party is at its most vulnerable.
It is extremely important not to fall for the shady practices of the insurance company. There is no reason to rush into accepting a settlement or offer from an insurance company without first seeking legal help.
You should always think through all legal decisions and not sign away your legal rights without being fully informed of the consequences.
Do not deal with the insurance company alone. Retain the services of an experienced car accident attorney in New York City who can ensure that your rights are protected.
New York City Office Location
The Rothenberg Law Firm
Accident and Injury Lawyers
450 7th Avenue 44th Floor,
New York, NY 10123
