Drivers are expected to obey the law, see what there is to be seen, and operate their vehicle with reasonable care under the circumstances. A negligent driver may be liable for actions or omissions that result in injuries to others. Motor vehicle and motor vehicle-pedestrian cases require immediate attention because New York’s No Fault Law has strict deadlines that must be complied with in order for an injured person to recover those benefits. Typically, the first deadline is 30 days after the accident. The insurance company may require the injured person to appear for a physical examination and examination under oath.
As for public transportation, entities such as the New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority bear responsibility for the proper maintenance and operation of subways, trains, and buses. Public transportation cases require immediate attention, as there are special rules that serve as preconditions to commencing a case against a municipality or municipal/public agency. Generally, the first deadline is 90 days after the accident, and thereafter, 1 year and 90 days after the accident to commence legal action. The municipality or city agency may require the injured party to submit to questioning under oath (also known as a 50-h hearing).
If a motor vehicle accident occurs, appropriate medical treatment should be sought at a hospital emergency room, urgent care center, or trauma center. The police report or incident report should be obtained. Potential witnesses should be interviewed, and their names and addresses collected. Photographs of the damage to the vehicle(s) and your body should be taken.
Common types of motor vehicle accidents include:
- Rear end accident
- Passenger in a Vehicle Involved in an Accident
- Stop sign or stop light accident/Failure to Yield
- Failure to properly maintain and service vehicle
- Drunk driving
- Improper placement of stop signs, stop lights, guardrails
- Rental Car
- Chain Accident/Multi-Vehicle Accident
- Hit and Run
- Sudden start or stop of a bus or train
- Dropping off a passenger in a dangerous area
- No seatbelt provided
- Broken escalators or elevators in a train station
- Poor lighting
$5,000,000 Settlement: for 57 year old woman struck by a bus who suffered traumatic leg amputations.
$2,100,000 Settlement: obtained for woman whose vehicle was hit in the rear while stopped at a red light. Plaintiff sustained shoulder, neck, back, and hand injuries and required spinal surgery for the removal of cervical discs and carpal tuunel release surgery on both hands.
Disclaimer: Prior results do not guarantee a similar outcome.