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A NYC Car Accident Lawyer Explains the No-Fault Law

In New York State, every person should be aware that even if a driver is clearly at fault for causing an accident, the case may still be dismissed by a judge or jury unless the injured accident victim has a “serious injury.”

A serious personal injury is defined within the New York Insurance Law Section 5102(d), and five categories are usually at issue. The law was instituted to limit car accident victims from suing unless they had significant injuries. Obtaining legal advice from a skilled car accident attorney can help you understand whether your injuries meet the serious injury threshold.

For example, a fractured bone automatically meets the definition of a serious injury, assuming there is no medical dispute that the accident caused this injury. An injury that prevents a person from doing substantially all their usual activities, such as working, for at least three months within the first six months of the accident can meet the threshold. The other three categories involve vague language discussing some permanent loss of use, permanent consequential limitation, or significant limitation of a body function or system.

The New York City courts have no definitive answer of what injuries will meet these categories, but in general, if there is some medical diagnostic testing showing an injury that is causing a significant loss or limitation of function, this may suffice.

For example, if a person has an MRI report showing a tear of the ACL joint in the shoulder that results in surgery, this may meet the serious personal injury threshold. Likewise, a spinal cord injury or a herniated disc in the neck or back that requires spinal surgery will often meet the threshold. It is important to work with experienced New York City lawyers to prevent the dismissal of the case from defense attorneys by carefully preparing their opposition papers.

The no-fault law gives every car accident victim automatic insurance coverage for medical expenses and lost earnings relating to the accident for up to $50,000. A no-fault application must be sent to the correct auto insurance company within 30 days of the accident, or they can deny coverage. Finding the right New York City lawyer to help you with the no-fault application will ensure that your medical bills, lost wages, and pain and suffering damages are paid.

Motorcycle riders are considered in a separate class because it is more dangerous; therefore, they do not have no-fault coverage. On the other hand, a motorcyclist injured from the fault of another in an accident in New York will not be required to show a serious injury to obtain compensation for personal injuries.

Tips From an Experienced New York City Car Accident Lawyer

According to the New York State Department of Health, car crash injuries are among the leading causes of injury-related deaths in the state of New York. Also, among New York residents who have suffered serious injuries due to an auto accident, around 30% have suffered a traumatic brain injury. Traumatic brain injuries may result in the loss of independent function, requiring long-term care as well as increased life expenses.

If you were involved in an automobile accident and you’ve suffered a personal injury, there are certain steps you have to take to make sure your injury claim is successful. Our New York City personal injury attorney recommends you do the following:

• Call the police and an ambulance if anyone is injured in a vehicle accident.
• Get information from the other drivers, including the license plate number, make and model of car, insurance card, registration card, name, and address, and write down or record any statements made by the defendant at the scene.
• Obtain the names, addresses, and phone numbers of all witnesses to the collision.
• Obtain photographs of the car accident scene, all sides of each vehicle, and a video recording if possible.
• Photograph your injuries, including any bruising after the accident.

The police report is the first critical piece of evidence in helping an accident victim. The police officer will usually take statements by the drivers and write down the names and telephone numbers of witnesses.

Photographs are also crucial evidence to determine the points of contact and the location of the accident. We will also gather satellite images to show the street and roadway where the accident happened. Our attention to detail and knowledge of the law is how we routinely succeed in helping car accident victims obtain substantial awards in their personal injury cases.

Brand Brand Nomberg & Rosenbaum, LLP, aggressive New York City car accident attorneys, have been helping car accident victims for over 40 years. Many of our clients are hit in the rear, struck in a crosswalk, t-boned, or sideswiped. If that is the case with you, call BBNR for a free consultation.

New York City Auto Accident Lawyers Can Help With Different Types of Accidents

Bad road conditions or weather conditions, as well as faulty car parts, can sometimes be the cause of car accidents. Although driver’s negligence is the leading cause of car crashes, according to the National Highway Traffic Safety Administration (NTHSA), some collisions do occur because of some type of vehicle malfunction.

The most common malfunctions include bald tires, engine failure, faulty brakes, or steering system malfunction. However, if the condition of the vehicle contributes to a car accident, the driver will be responsible for the unsafe conditions of his or her vehicle.

On the other hand, if you’ve experienced a car crash because of an improperly designed road or poor maintenance, New York has laws that can protect your rights. Roadways are maintained and designed by governmental agencies, so it can be difficult to build a case. But, if you want to win, you may have to show that a certain New York (NY) roadway was unsafe, designed without a proper study, or that it could have been designed better.

However, the most common causes of car accidents include a human error or driver’s negligence. Some of the common examples of driver’s negligence in New York City include:

• DWI or driving while intoxicated
• Driving while fatigued or drowsy which slows reaction time
• Distracted driving
• Speeding excessively
• Failure to abide by traffic signs or to yield

At BBNR, we understand the laws for car accidents, trucking accidents, bicycle accidents, and motorcycle accidents and are prepared to help you win your case.

Negligence and the Violation of the New York (NY) Vehicle and Traffic Law

Negligence is the failure to use reasonable care. A motorist has a duty to keep a proper lookout and to see what is readily observable in the roadway. A driver who fails to see a pedestrian crossing in the crosswalk may be found negligent for striking that pedestrian with their car, truck, bicycle, or motorcycle.

The violation of the New York Vehicle and Traffic Laws by a driver may be a reason for the courts to find the driver is negligent as a matter of law. A driver who makes a left turn into an oncoming vehicle has the duty to yield before entering the intersection, and the failure to do so can result in the court finding the defendant driver responsible for the accident even before a jury has heard the case.

A driver must signal and make sure it is safe to switch lanes before doing so. A driver who fails to stop at a stop sign, goes through a red light, or fails to yield when entering a roadway may be found at fault as a matter of law.

Hit in the Rear

A driver has the duty to keep a safe speed and distance from the driver ahead, and a car accident from a hit in the rear will usually result in the court finding the defendant at fault as a matter of law.

New York Vehicle and Traffic Law, VTL §1129 requires drivers to maintain a safe distance from other vehicles ahead and to stop if necessary. The unsafe practice of some drivers to ride very close to the vehicle ahead, otherwise known as “tailgating”, is highly dangerous and can lead to a rear-end collision.

At BBNR, our New York City car accident lawyer will prepare legal documents with arguments showing how the defendant violated the law by following too closely and should be held responsible as a matter of law for the hit in the rear.

VTL §1129 (a). Following Too Closely (Tailgating), states:

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

BBNR are experienced New York City car accident lawyers who have won dozens of summary judgment motions finding the defendant at fault as a matter of law from a hit in the rear. When a summary judgment motion is won, the defendant is now under pressure to settle the case quickly.

People are often wondering why they should settle their case instead of going to trial and taking a verdict. The general recommendation from personal injury attorneys is that a settlement is always the better option over a verdict. A settlement is a guaranteed win while going to trial carries significant risks. However, a settlement is not always possible.

Pedestrian Hit by a Car in Crosswalk

A pedestrian hit by a car in the New York (NY) crosswalk will usually be the fault of the driver who struck that person. A driver has a duty to see what should be seen in the roadway, including a pedestrian. A pedestrian while walking inside a marked crosswalk has the right of way, which means the driver must yield until it is safe to proceed for the pedestrian and motorist.

At BBNR, every NYC car accident lawyer knows that there are many statutory laws that protect the rights of a pedestrian hit by a car in the crosswalk. We will refer to these laws when making a motion for summary judgment to persuade the court to find the defendant at fault as a matter of law.

VTL § 1146 (a). Drivers to exercise due care, states:

Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal upon any roadway and shall give warning by sounding the horn when necessary.

VTL § 1112 (a). Pedestrian-control signal indications, states:

Steady WALK or walking person. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by other traffic.

VTL § 1111. Traffic-control signal indications, states:

3. Unless otherwise directed by a pedestrian-control signal as provided in section eleven hundred twelve, pedestrians facing any steady green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

Traffic Rules of the City of New York, §4-04 Pedestrians, states:

(b) Right of way in crosswalks. (1) Operators to yield to pedestrians in crosswalk. When traffic control signals or pedestrian control signals are not in place or not in operation, the operator of a vehicle shall yield the right of way to a pedestrian crossing a roadway within a crosswalk when the pedestrian is in the path of the vehicle or is approaching so closely thereto as to be in danger.

(3) Vehicles stopped for pedestrians. Whenever any vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear in the same or adjacent lanes shall not overtake and pass such stopped vehicle.

(d) Operators to exercise due care. Notwithstanding other provisions of these rules, the operator of a vehicle shall exercise due care to avoid colliding with any pedestrian.

A pedestrian hit in the crosswalk can lead to very serious and permanent injuries and prevent a person from returning to their job to support their families. It is very important to choose an experienced lawyer for your New York City car accident case to help you and your family when involved in a car crash.

Bicycle Accident

If you were involved in a New York (NY) bicycle accident, it is important to call a trusted car accident lawyer to help protect your legal rights. A driver of a car or truck must pay careful attention to avoid striking a bicyclist in the roadway or bike lane. Many bicyclists have been struck when a driver parks the car on the street but fails to look before opening the door. A driver must look to see that it is safe before opening the door of the car.

VTL § 1214 Opening and closing vehicle doors, states:

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

NYC Traffic Rule Section 4-12(c), states:

(c) Getting out of vehicle. No person shall get out of any vehicle from the side facing on the traveled part of the street in such manner as to interfere with the right of the operator of an approaching vehicle or a bicycle.

In general, a bicyclist will have the right of way over a motorist while riding within a designated bicycle lane.

NYC Traffic Rule Section 4-12(p)[1], states:

Bicycles. No person shall drive a vehicle on or across a designated bicycle lane, except when it is reasonable and necessary: (i) to enter or leave a driveway; or (ii) to enter or leave a legal curbside parking space; or (iii) to cross an intersection; or (iv) to make a turn within an intersection; or (v) to comply with the direction of any law enforcement officer or other person authorized to enforce this rule; or (vi) to avoid an obstacle which leaves fewer than ten feet available for the free movement of vehicular traffic.

Notwithstanding any other rule, no person shall drive a vehicle on or across a designated bicycle lane in such manner as to interfere with the safety and passage of persons operating bicycles thereon.

A bicyclist is generally permitted to ride along the right or left-hand curb of the one-way New York City roadways that are at least 40 feet wide. The large majority of the NYC streets and avenues are over 40 feet wide.

NYC Traffic Rule Section 4-12(p)[3], states:

(3) Bicycles permitted on both sides of 40-foot wide one-way roadways. Any person operating a bicycle upon a roadway that carries traffic in one direction only and is at least 40 feet wide may ride as near as is practicable to either the left or the right hand curb or edge of such roadway, provided that bicycles are not prohibited from using said roadway.

A serious personal injury is not always recognized after a bicycle accident. If you were struck by a car or truck, call BBNR, experienced New York (NY) automobile accident lawyers, for a free consultation.

Truck Accident

Truck drivers are too often seen driving at an unsafe speed. When operating such a heavy vehicle, they often do not have time to stop or see what is readily observable because they are speeding. The New York (NY) Vehicle and Traffic Law requires that trucks and all motor vehicles drive at a reasonably prudent speed under the road conditions and circumstances at the time.

VTL 1180 Basic rule and maximum limits, states:

a) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.

Trucks often have several side view mirrors to avoid having a “blind spot” in order to prevent the driver from hitting another vehicle when turning or changing lanes. A tractor-trailer, when making a turn, must often make a very wide turn. A truck driver who fails to carefully look before entering a lane can cause a serious accident for the driver or passenger struck by the truck.

If you were hit by a truck and suffered injuries, call BBNR, experienced New York City car crash lawyers, to help you litigate and win your case.

Making Sudden Turns

A driver making a left turn or right turn into an intersection must yield to oncoming traffic before entering the intersection. The driver proceeding straight within a roadway will generally have the right of way over the driver making a turn into the intersection.

An automobile accident in New York City can be caused by a driver attempting to make a right turn from the middle lane of the roadway. A driver is not permitted to make a right or left turn from the middle lane and must both signal and make sure it is safe to proceed before changing lanes.

VTL § 1128 (a). Driving on roadways laned for traffic, states:

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

VTL § 1160. Required position and method of turning at intersections, states:

The driver of a vehicle intending to turn at an intersection shall do so as follows:

(a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway or, where travel on the shoulder or slope has been authorized, from the shoulder or slope.

(c) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane of the roadway lawfully available to traffic moving in the direction of travel of such vehicle or, where travel on the shoulder or slope has been authorized, from the shoulder or slope, and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.

VTL § 1163. Turning movements and required signals, states:

(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section eleven hundred sixty, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.

Drivers are not permitted to suddenly cross over from the middle lane in order to make a right or left turn. When a driver makes a sudden turn into another lane that causes an accident, you should contact an experienced New York City car accident lawyer at BBNR to help and provide you with legal representation.

On the Job Car Accidents in New York

Sometimes individuals suffer serious injuries from car accidents in New York City while they are working. For example, a UPS or FedEx worker injured in a vehicle accident while making a delivery may be entitled to both Workers Compensation and a lawsuit for personal injuries against the other driver.

It is important to consult with an experienced New York City car accident attorney to fill out the proper paperwork and file a claim to get your future medical bills, lost wages, and other possible medical expenses paid for as a result of a car accident. Call a skilled New York City car accident attorney at BBNR, who will explain to you and your family the legal process after you file a claim, and what we will do to help win your car accident case.

New York City Car Accident Lawyer: Winning the Case Quickly by Summary Judgment Motion

At Brand Brand Nomberg & Rosenbaum, LLP, our practice is to aggressively make legal motions asking for “summary judgment” to win cases early in the litigation against the defendants. We prepare affidavits, exhibits, and legal case law to show why the defendant driver must be found at fault as a matter of law.

When a New York City court decides a summary judgment motion in our favor, determining the defendant is at fault as a matter of law, the insurance company is much more likely to make a fair offer to settle the case earlier rather than continue to litigate.

BBNR, New York City car accident lawyers, has an extensive history of winning motor vehicle decisions that have resulted in favorable settlements. If the insurance company refuses to make a fair offer, we have taken million-dollar verdicts as experienced and aggressive trial attorneys.

In 2018, the Court of Appeals, New York State’s highest court, issued a very important decision called Rodriguez v. City of New York that changed the law to benefit injured accident victims. The Court held that a defendant could be found at fault as a matter of law even if the accident victim was also partially at fault. This means that when experienced auto accident attorneys make a motion for summary judgment to find the defendant at fault as a matter of law, the defendant’s argument that the plaintiff was also at fault will be irrelevant to the motion.

While many law firms hire outside appellate counsel to litigate their appeals, at BBNR, we are highly accomplished appellate attorneys and have repeatedly reversed lower court judges who mistakenly do not follow the law. Our car accident attorneys know the law, and if the lower court judge fails to follow the law, we will not hesitate to appeal the decision.

A BBNR New York Auto Accident Attorney Can Help Victims Win Multi-Million Dollar Awards

Winning car accident cases requires knowing the law and understanding the important facts. At Brand Brand Nomberg & Rosenbaum, LLP, our New York City car accident attorneys will quickly gather all the available evidence to prove our case.

In one of our auto accident cases, a couple was standing on the corner by Prospect Park in Brooklyn when a car suddenly jumped the sidewalk and struck them both. The man’s injuries were less severe, and that case settled before trial.

The woman’s injuries, however, were more substantial, but the insurance carrier refused to pay more than a few hundred thousand dollars. We proceeded to trial, and the verdict was $1.5 million dollars, well above what the insurance carrier was offering.

When it comes to the vehicle insurance coverage, the driver who causes an accident and the owner of the car can be named in a lawsuit after a vehicle accident, but not the insurance company. The auto insurance companies agree by contract to hire attorneys to defend the case and pay the injured victim if they so choose, but only up to a certain amount, known as the policy limits.

Oftentimes, a driver of a vehicle buys a vehicle insurance policy with the lowest limits permitted in New York State — $25,000. Unless the defendant has significant assets, an injured plaintiff may be limited to just a $25,000 policy limit and not get the fair compensation they deserve.

To prevent such circumstances, all drivers should purchase underinsurance coverage on their vehicle. The higher the underinsurance coverage, the more protection they receive in case the defendant that caused an accident has a low policy limit. An injured party can then have a right to sue their own insurance company for the difference in insurance coverage if the entire policy by the defendant was offered.

If insurance companies refuse to offer the full policy limits when car accident cases are likely to result in much higher jury verdicts, BBNR, experienced lawyers will serve a “bad faith” letter upon the insurance companies. If a jury then awards an amount higher than the policy limits, we can directly sue the insurance company to obtain the entire amount of the verdict, no matter how high the verdict. We have repeatedly convinced insurance carriers to offer their entire policy limits by serving a bad faith letter.

SPEAK WITH AN EXPERIENCED NEW YORK CAR ACCIDENT ATTORNEY ABOUT IMPORTANT TIME LIMITATIONS

There are many statutory deadlines that affecting persons involved in a New York car accident that must be timely complied. For example, no-fault insurance coverage is responsible for paying for your medical treatment and loss of earnings if involved in a car accident. However, you must file a No-Fault application within 30 days to the correct insurance company, otherwise, the insurance carrier may completely deny coverage.

A person has 3 years to commence a lawsuit for personal injury against a negligent driver that caused a New York car accident. However, there are exceptions that require immediate legal representation by an experienced car accident attorney. For example, if the defendant involved in an auto accident case is working at the time for a municipality, such as a police officer, then the statute of limitations is one year and 90 days. Further, a separate document called a Notice of Claim must be served within 90 days of the accident.

The best way to protect your rights is to call Brand Brand Nomberg & Rosenbaum immediately after an accident to help protect your rights. The consultation is free and if we are able to help, there is no fee unless we win the case.

READ ARTICLES IN OUR BLOG ABOUT MOTOR VEHICLE ACCIDENTS

• Settlement vs. Verdict? 5 ImportantFactors to Consider for a Personal Injury Case
• What You Risk by Not Purchasing Underinsurance Coverage on Your Auto Policy
• 10 Most Important Tips if Injured in a Motor Vehicle Accident
• Auto Insurance Company’s Latest Weapon, the Biomechanical Engineer
• Car Accident Victims Should Find an Experienced Personal Injury Law Firm to Protect Their Legal Rights