Know These NY Car Accident Laws Before You Hit the Road in NY
Although some individuals go a whole lifetime without ever getting in a car accident, car accidents are unfortunately common in the US, and in large states like New York, thousands of car accidents happen each year. This is but one reason why all motorists in New York must be aware of car accident laws. If you’re aware of what laws are applicable after you’ve been involved in a car accident, you’ll have a much better chance of receiving damages. In this blog, we talk about all the important car accident laws in New York, and we also provide other useful information that you should be aware of. Let’s begin!
What’s the Statute of Limitations for Car Accident Claims in NY?
A statute of limitations is a law that establishes how much time an individual has to file a car accident claim following a car accident. In New York, the baseline statute of limitations is three years, though other statues of limitations may supersede this one in your case. If you don’t file a claim within three years, it’s almost certain that you won’t be able to bring one later on.
There are instances where you may have less time to file a claim. For example, if you get in an accident with a government employee while they’re on the clock, you only have 30 days to file a claim with the appropriate agency. Similarly, if a car accident results in a fatality, the deceased victim’s family will have only two years to file a wrongful death suit.
Even though you have three years to file, it’s best to get things handled right away. After all, evidence depreciates, and witnesses’ accounts become less credible as time passes. Talk to a car accident lawyer if you’re not sure whether you’re still within the statute of limitations or not.
Can You Get Compensated Even if You Bear Some Fault for a Car Accident?
In New York, if you bear some responsibility for the car accident, you’ll still be able to receive partial compensation. This is because New York follows what’s known as the “pure comparative fault rule”, and under this both parties to a car accident case bear responsibility for it happening.
It’s up to the involved insurance companies to decide who bears what percentage of fault. And the instance of a claim going to court, a jury would make this decision. For example, say a jury decides to award $100,000 in damages for the accident. If you bear 30% fault for the accident, you’ll only get 70% of that $100,000. Even if you bear 90% fault, you can still yield compensation.
When Must a Car Accident Be Reported?
Failure to report a car accident after it happens in New York can result in a driver’s license suspension. Specifically, if the accident caused more than $1,000 worth of damage, parties to it have just 10 days to file a claim. If injuries or fatalities resulted from the accident, the police must be notified so an accident report can be filed. Leaving the scene of a car accident without taking these steps is a crime, one that almost always get prosecuted.
Is NY a No-Fault State?
New York is what’s known as a no-fault state. In this kind of state, if you’re injured in a car accident, you need to file a claim with your own insurance provider first to get compensation. However, there are instances when you can file a claim against an at-fault driver and their insurance provider. Fault is obviously still a crucial element in car accident cases in New York; the no-fault rule simply means that policyholders take things up with their own insurance providers when seeking damages.
How Often Do Car Accidents Happen in NY?
Hundreds of thousands of car accidents happen in New York every year, and the majority of motor vehicle accidents take place in or around New York City. It’s also been found that over 600 accidents happen every day in NYC. While this number seems high, one must consider that millions of people are driving every day in New York. Moreover, the state has well-designed and well-maintained roads for the most part, so driving in NY is generally on the safer side.
What Damages Are Recoverable Following a Car Accident?
Following a car accident in which you were injured and sustained property damage, it’s likely you’ll be entitled to compensation. You can get compensated for medical bills, lost wages, pain and suffering, and a range of other expenses related to the accident. Hiring a car accident lawyer is a good move because they’ll know the grand total of expenses you racked up and seek just above this figure in compensation.
What Car Accident Injuries Are Common?
A variety of injuries result from car accidents. The injuries one sustains will largely be determined by the severity of the accident. That being said, just because a crash is minot doesn’t mean you can’t sustain major injuries from it. Below are common car accident injuries:
- Cuts & lacerations
- Traumatic brain injuries
- Hand & wrist injuries
- Foot & ankle injuries
- Facial disfigurement
- Dismemberment
- Burns
- Shoulder injuries
- Knee injuries
- Broken ribs
- Broken pelvis
- Whiplash
- Spinal cord injuries
- Internal bleeding
- Crush injuries
- Soft tissue injuries
- PTSD
Is Hiring a Car Accident Lawyer Worth It?
There are a variety of reasons why hiring a car accident lawyer in New York following a car accident is a good move. They’ll conduct the evidence gathering process for you and negotiate with involved parties’ insurance providers on your behalf. They’ll also make sure you follow all applicable laws so you have the best possible chance of receiving a favorable outcome. And you only pay if you win!
We know that hiring a lawyer can be hard these days. That’s why we’ve made the process simple. Just call 1-800-HURT-511. We’ll get you connected with top-tier lawyers who are multilingual, skilled, and experienced. They’ve secured over $1 billion for their clients over more than a decade of practicing.
Call 1-800-HURT-511 now, as time is of the essence!
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