According to the Center for Disease Control, automobile accidents are the most significant cause of accidental mortality among children and young adults (ages 5-19); in which the majority involved children who were passengers.
Due to the high rates of speed and impact involved in most car accidents, the injuries sustained by victims are frequently severe.
Those who have been hurt in automobile accidents in New York are protected by the state's law, which allows them to sue the party whose carelessness caused the crash.
If you are wounded as a passenger in an automobile accident in New York, seek the counsel of a knowledgeable New York car accident lawyer who can assist you in filing a personal injury or wrongful death lawsuit against the party responsible for your suffering and losses.
Can I sue if I’m injured as a passenger in New York? Yes, you can. Read on to learn what to do in that situation.
If You Were Riding in a Hire Vehicle
It is vital to know that if you were hurt while riding in a taxi or ridesharing vehicle, your capacity to file a lawsuit against the vehicle's driver or owner might be restricted.
You might be able to seek compensation through the driver's liability insurance if you were injured in New York City because taxi and for-hire drivers are required to have liability insurance to cover accidents to passengers.
On the other hand, the amount of compensation you can claim can be restricted by the policy limits of the insurance coverage.
Pursue a Personal Injury Claim
Because New York is a no-fault insurance state, your own PIP (personal injury protection) coverage first applies to cover your medical bills and lost wages. In the event of serious injury or negligence, it may be possible to file a claim or lawsuit against the at-fault driver(s) to cover the bills that exceed your own coverage.
Every driver in New York is required to have PIP coverage which pays for medical bills and lost income after an accident, regardless of who was at-fault. PIP coverage applies in any car accident you are involved in, regardless of if you are actually driving your car or someone else’s car. Some people only carry the minimum amount of PIP coverage or have serious injuries that cost well over their PIP coverage amounts. In those instances, it may be possible to look at the other driver’s insurance for coverage or, especially in cases of negligence.
If you want to file a personal injury claim as a passenger, follow these steps:
Seek Medical Attention
Even if your injuries appear trivial, it is essential that you seek immediate medical attention. Maintain a record of all medical bills and documentation about your injuries.
Gather Evidence
If possible, gather evidence at the scene of the accident, such as photos, contact information for witnesses, and the police report.
Consult With a Personal Injury Lawyer
An experienced lawyer can explain your legal options and advise you on the best action. If you decide to pursue a personal injury claim, your attorney will assist you in filing a claim with the insurance company or a lawsuit in court.
Negotiate a Settlement
Your attorney will work with the other party's insurance company to reach a fair settlement or, if necessary, represent you in court.
In Case Your Driver Is at Fault
To file a personal injury lawsuit against the driver, you must prove that the driver was at fault for the accident and that your injuries were caused by it.
You may be able to hold the driver liable for your injuries if they acted recklessly or negligently at the time of the accident, such as by speeding, texting while driving, or driving under the influence of drugs or alcohol.
However, each case is unique, and the specific legal requirements for pursuing a personal injury claim may differ depending on the circumstances of the accident and the laws of your state.
If you are considering suing the driver of the vehicle in which you were a passenger, you should first consult with a personal injury attorney. An experienced lawyer can explain your legal options and advise you on the best action.
If the Driver From Another Vehicle Is at Fault
If the accident was caused by another vehicle, you have the right to claim compensation. Just as it would be with your driver, you will need to prove that the other driver was at fault for the accident and that your injuries resulted from it.
Suppose the other driver acted recklessly or negligently at the time of the accident, such as by speeding, texting while driving, or driving under the influence of drugs and alcohol. In that case, you might be able to hold them liable for your injuries.
It is a good idea to consult with a personal injury attorney if you are considering suing the driver of another vehicle for your injuries. An experienced attorney can help you understand your legal options and advise you on the best action.
Brandon J. Broderick, New York Car Accident Attorney
Being injured as a passenger in a car accident can be a traumatic and stressful experience. However, suppose you believe you got injured due to another person’s wrongdoing or negligence. In that case, you may have the right to pursue a claim for personal injuries to seek compensation for any damages.
Working with an attorney with extensive experience in car accidents can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a NY car accident lawyer from Brandon J. Broderick, you are assured a passionate team fighting for your best interest and putting your needs first. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.
Contact Brandon J. Broderick, Attorney at Law, for a free consultation. With our proven track record of success with car accident settlements and our commitment to client care, we can turn your setback into a comeback.