New York Car Accident Law
Hundreds of thousands of car accidents occur each year on the roads and highways of New York State. The New York Institute for Traffic Safety Management & Research compiles data on these crashes. In 2022, for example, close to 400,000 accidents occurred in New York State. Well over 100,000 of these crashes caused injuries, and 1,092 crashes resulted in a tragic loss of life. Nassau County witnessed the most total accidents of all counties in New York State. Kings County (Brooklyn) witnessed the most injury-causing accidents of all counties, while Suffolk County witnessed the most fatal accidents.
A car accident can change a victim’s life forever in a matter of moments. The no-fault insurance system in New York provides a limited amount of compensation for some types of damages. However, a victim with serious injuries likely will want to pursue a legal action under New York car accident law for all the compensation to which they may be entitled. This requires proving the liability of a driver or another person or entity that was at fault.
How Insurance Laws Affect Car Accident Victims in New York
New York is one of a handful of states that apply a no-fault insurance system to car accident cases. As the name suggests, no-fault insurance pays out certain benefits for injuries, regardless of who caused the accident. The required amount of no-fault insurance in New York is $50,000, which goes toward medical costs and a limited amount of lost income and certain other reasonable and necessary expenses as described by New York Insurance Law Section 5102. No-fault insurance does not cover non-economic damages, though. It also does not cover property damage.
Under Insurance Law Section 5104, a victim generally can sue an at-fault driver (or vehicle owner) for economic damages only if they go beyond the “basic economic loss” addressed by no-fault benefits, and for non-economic damages only if they arise from a “serious injury.” Section 5102 defines a “serious injury” in various ways. Some of these include death, significant disfigurement, a fracture, the permanent loss of use of a body organ or function, the permanent consequential limitation of use of a body organ, or a medically determined injury or impairment that is not permanent but prevents the victim from performing the material acts that constitute their usual daily activities for at least 90 days during the 180 days immediately after the crash.
In addition to no-fault insurance, vehicle owners must get liability insurance and uninsured motorist insurance. New York mandates $10,000 in property damage liability protection, $25,000 for bodily injury to one person ($50,000 for death of one person) per accident, and $50,000 for bodily injury to two or more people ($100,000 for death of two or more people) per accident. Uninsured motorist coverage must be provided in the same amounts as the minimum limits for bodily injury liability insurance. This applies to situations when a vehicle is uninsured or when the driver flees the scene.
Whom to Sue After a New York Car Crash
A majority of crashes result from mistakes by one or more drivers. However, a victim may be able to sue other people or entities as well, depending on the factors that contributed to the accident. Some examples include:
- A vehicle owner, if the driver was using the vehicle with the owner’s permission
- The employer of a driver who was on the job at the time
- An auto manufacturer, if a defect in the car or a component contributed to the crash
- A repair shop or maintenance company, if it failed to properly identify and address a problem with the car
- A government entity, such as when poor road maintenance or defective road design caused a crash
- A bar or restaurant that unlawfully served alcohol to someone who then caused a drunk driving accident as a result
The restrictions on lawsuits under the no-fault system do not apply to lawsuits against defendants that are not “covered persons” under the Insurance Law. Section 5102 largely defines a “covered person” as an owner, driver, or occupant of a vehicle. Thus, for example, a victim potentially could pursue non-economic damages from a car maker or a bar that served a drunk driver without showing that they suffered a serious injury as defined by the Insurance Law.
Proving Liability for a Car Accident in New York
Most cases under New York car accident law rely on a theory of negligence. In a 2022 case called Ferreira v. City of Binghamton, the New York Court of Appeals reaffirmed that a negligence case under New York law requires showing a duty, a breach of the duty, and an injury resulting from the breach. This is often described as the elements of duty, breach, causation, and damages. In the context of car accidents, the duty generally consists of acting with reasonable care under the circumstances. Any actions that fall short of this standard would breach the duty. Causation generally means that the accident would not have happened if the breach had not occurred, and it was a reasonably foreseeable result of the breach. Damages involve any harm or loss that resulted from the accident, which can take financial, physical, and emotional forms.
Car crash cases based on auto defects may rely on a strict liability theory. The New York Court of Appeals held in the 1973 case of Codling v. Paglia that the manufacturer of a defective product may be held liable to any injured person if the defect was a substantial factor in causing their injuries. In other words, this does not require proving negligence. Some defects are manufacturing defects, which involve a mistake in making a product that affects only a single item or a limited group of items. Other defects are design defects, which involve a problem with the entire line of products. A manufacturer also may be held strictly liable for a failure to warn consumers about hidden risks of using its product.
Whether a claim relies on negligence or strict liability, a victim probably will need to prove the elements of the claim by a preponderance of the evidence. This means that their side of the story is more likely than not to be true. The preponderance of the evidence is a relatively lenient standard compared to other legal standards of proof, such as clear and convincing evidence or beyond a reasonable doubt.
What a New York Car Accident Case Is Worth
The main type of damages in a car accident case is compensatory damages. These are designed to put the victim in the position in which they would have been (to the extent possible) had the accident not occurred. Compensatory damages consist of two categories: economic damages and non-economic damages.
Economic damages account for relatively objective costs resulting from the accident, such as past, present, and future medical bills, lost income and earning capacity, property damage, and any home or vehicle modifications needed to accommodate a disability. By contrast, non-economic damages account for more subjective types of harm, such as pain and suffering and lost enjoyment of life.
In addition to compensatory damages, a victim might pursue punitive damages in some cases. These are designed to punish and deter conduct that is especially blameworthy. In a 1990 case called Home Insurance v. American Home Products Corp., the New York Court of Appeals explained that this is “conduct having a high degree of moral culpability [that] manifests a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.”
Evidence in New York Car Accident Cases
To prove their case, a car accident victim will need to present various forms of evidence. Some types of evidence consist of tangible items, while others involve testimony. Examples of tangible evidence may include photos and videos of the accident scene and the injuries, as well as the police report describing the crash. A victim also might introduce medical bills, pay stubs showing missed work, and other bills or receipts showing the costs that they incurred because of the accident.
Testimony may come from eyewitnesses who saw the crash, or from family members and friends of the victim who can describe its impact on their life. Often, a victim also will introduce testimony from expert witnesses. New York Rule of Evidence 7.01 governs expert witnesses. They may provide testimony on subject matter that is beyond the knowledge or understanding of an ordinary person if their testimony will help a jury or judge understand the evidence or determine a fact at issue. Expert witnesses might include doctors who can explain the likely long-term impact of the injuries on the physical and psychological health of the victim. When the injuries affect a victim’s ability to work, meanwhile, an economist might describe their lost earning capacity.
How Comparative Negligence Can Affect Damages for a New York Accident
Sometimes more than one person bears responsibility under New York car accident law. A defendant might argue that the victim was at least partly at fault. However, New York has adopted a rule called “pure comparative negligence.” Codified at New York Civil Practice Law and Rules Section 1411, this provides that fault by a victim does not prevent them from recovering damages. Instead, it reduces the award by the percentage (if any) that they are found to have been at fault. Even if a victim was more than 50 percent at fault, they still can recover damages that are proportionate to the defendant’s fault.
For example, perhaps one driver was speeding, while another driver ran a red light. If the driver who was speeding sustained $150,000 in damages, and they were found to have been 30 percent at fault, they could recover $105,000, which represents the remaining 70 percent of the damages. If the driver who ran a red light sustained $90,000 in damages, and they were found to have been 70 percent at fault, they could recover $27,000, representing the remaining 30 percent of the damages.
Statutes of Limitations for Bringing a Car Accident Lawsuit in New York
A victim generally must bring a lawsuit based on a car accident within a certain period of time after it happened. Otherwise, a court probably will dismiss their claim, even if they can prove that the defendant was at fault. This deadline is called the statute of limitations.
New York Civil Practice Law and Rules Section 214(5) provides the statute of limitations for personal injury cases. This extends for three years from the date of the accident. Section 214(4) provides the statute of limitations for property damage claims, which is also three years. However, the deadline is different for wrongful death claims based on a fatal car accident. New York Estates, Powers and Trusts Law Section 5-4.1 allows two years after the victim’s death for their personal representative to bring a wrongful death claim.
Working With an Attorney After a New York Car Crash
When a crash involves significant injuries and damages, a victim should consider hiring an attorney to represent them. The attorney can gather evidence to support the claim, navigate any procedural rules and deadlines, and handle settlement negotiations with insurance companies. An insurer may take a claim more seriously if the victim has counsel. An attorney also can advise the victim on whether a settlement offer properly compensates them for their injuries, based on the attorney’s experience in similar cases. Very few cases progress deep into litigation, but if this proves necessary, an attorney who is familiar with the nuances of New York car accident law may make a huge difference to the outcome.
Some people worry about hiring an attorney due to cost, but most personal injury lawyers work on a contingent fee basis. This means that they do not collect payment for their services unless they get compensation for a client. The fee consists of a percentage of the settlement or award, usually about one-third.
Most car accident lawyers offer free case evaluations or consultations to prospective clients. This can help a victim get a sense of the value of their case and whether that attorney would be a good fit for them.
Getting a Police Report After a New York Car Accident
A police officer in New York will generate a report when they respond to the scene of a crash. This can play a key role in any ensuing claim or lawsuit, so a victim should make sure to get a copy of the report.
When the New York State Police investigate an accident, a person generally can request the report from the DMV. However, for an accident on the New York State Thruway or one of its subsidiary arterials (I-190 and the Westchester County portions of I-95 and I-287), a person must request the report from the New York State Thruway Authority. A person can submit Form MV-198C to request a report from the DMV, while they can submit Form TA-W4310 to request a report from the Thruway Authority. Otherwise, procedures for getting a police report depend on where the accident happened and the police agency that investigated it.
The Deadliest Stretches of Road in New York
New York City and the surrounding area account for most of the deadliest stretches of road in New York State, measured by fatal crashes per mile. A 2022 MoneyGeek analysis of data on fatal accidents compiled by the National Highway Traffic Safety Administration identified stretches of three Brooklyn streets as especially deadly in recent years. These are 3rd Avenue from 7th Street to 52nd Street, Atlantic Avenue from Rochester Avenue to 85th Street (part of which falls within Queens), and Flatbush Avenue from Avenue V to Midwood Street.
Queens also has three stretches of road with a recently high rate of fatal accidents. These are Woodhaven Boulevard from 91st Avenue to Dry Harbor Road, Northern Boulevard from 70th Street to Main Street, and South Conduit Avenue from Sutter Avenue to Rockaway Boulevard. In the Bronx, Bruckner Boulevard from Balcom Avenue to Jackson Avenue has seen an especially high rate of fatal accidents.
Suffolk County on Long Island has two particularly deadly stretches of road. Several fatal crashes have occurred on State Route 27 between Albany Avenue and Harvard Road in Babylon, and on County Route 93 between Richmond Boulevard and 13th Street in Islip and Bohemia. In Upstate New York, a particularly deadly stretch of road has been Lake Avenue in Rochester between Denise Road and Phelps Avenue.
