Motor Vehicle Accidents
Motor vehicle accidents are a leading cause of injury and death across New York State. In 2025, between January and October, 776 people lost their lives in traffic crashes. Thousands more suffered serious, life-altering injuries. Despite safety initiatives and public awareness campaigns, motor vehicle collisions remain alarmingly common on New York’s roadways. Contributing factors such as distracted driving, speeding, impaired driving, and aggressive lane changes continue to put drivers, passengers, and other motorists at risk.
In New York City, crash data from the Vision Zero program shows that while overall fatalities have decreased since 2013, serious crashes still occur daily. Each collision can leave victims facing significant medical bills, lost income, and long-term recovery challenges.
At Kramer, Dunleavy & Ratchik, PLLC, we understand how devastating a motor vehicle accident can be. Our team is committed to holding negligent drivers accountable and helping victims secure the compensation they deserve for their injuries, losses, and pain and suffering.
Most motor vehicle accidents are caused by driver negligence. According to the New York State Department of Motor Vehicles, the leading factors contributing to motor vehicle accident were:
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Driver inattention / distraction
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Following too closely
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Failure to yield right-of-way
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Speeding
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Improper passing / lane usage
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Disregard of traffic control devices
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Improper turns
FAQs
1. What should I do immediately after being in a car accident in New York?
Make sure everyone is safe. Call 911 if there are injuries. Get medical help even if injuries seem minor. Exchange information with the other driver(s), collect witness contacts, take photos of damage/injuries/scene, report it to your insurance company, and preserve any evidence (e.g. vehicle damage reports). Then talk to a personal injury lawyer to protect your legal rights.
2. How long do I have to file a lawsuit after a car accident in NY?
Generally, you have 3 years from the date of the accident to file a personal injury lawsuit. If a government agency is involved (e.g. city vehicle, public road issue), there are shorter deadlines and notice requirements. Also, if suing for property damage, similar timelines apply.
3. What is New York’s no‑fault insurance, and how does it affect my car accident
case?
New York has a no‑fault insurance system, which means your own car insurance policy (Personal Injury Protection / PIP) may cover your medical bills and some lost wages regardless of who caused the crash. But to recover additional damages beyond what no‑fault covers (pain and suffering, loss of enjoyment of life), you need to demonstrate that you've suffered a "serious injury" within the meaning of the law.
4. What qualifies as a “serious injury” in New York car accident law?
Under NY Insurance Law §5102(d), certain injuries are defined as “serious” for purposes of recovering non‑economic damages (pain & suffering, etc.). These include death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of a body organ, a permanent consequential limitation of use of a body organ or member, or a significant limitation of use of a body function or system.
5. Will I still get compensation if I was partially at fault in the crash?
Yes. New York follows a pure comparative negligence rule. That means even if you were partly responsible, you can recover damages, but your award will be reduced proportionally by your percentage of fault.
6. What kind of damages can I get in a car accident case?
You can typically seek economic damages (medical expenses, future medical care, lost income/wages, property damage), and non‑economic damages (pain and suffering, loss of enjoyment of life).
7. How much does it cost to hire a lawyer for a car accident case in New York?
Most car accident/tort attorneys work on a contingency fee basis: you’ll pay nothing up front; the lawyer gets a percentage of what you recover (through settlement or verdict). If there’s no recovery, usually you owe little or nothing. Be sure to ask about other costs (experts, medical records) and who advances them.
8. How long will my car accident case take to resolve?
It depends: the complexity of liability, the nature and extent of your medical treatment, whether there's motion practice or an appeal, and whether your case goes to trial. Many cases settle in 12-18 months. Cases that go to trial, however, can take years to resolve.
9. What evidence is important in a car accident case?
Police reports, photos of the accident scene and the vehicles involved, medical records, witness statements, and video or dashcam footage. It's important to preserve such evidence before it disappears.
10. What if the other driver doesn’t have insurance or is underinsured?
If you own a motor vehicle, you can file a claim with your own insurance company for underinsured motorist (UM) benefits. If you do not own a motor vehicle or live in a household with someone who owns a motor vehicle, you can file a claim with the Motor Vehicle Accident Indemnification Corporation, New York State's insurer-of-last-resort.
Top 5 Mistakes People Make After a Car Accident in New York
Explained by Jonathan Ratchik
In this video, Jonathan Ratchik of Kramer, Dunleavy & Ratchik, a Manhattan personal injury law firm with more than 25 years of experience, explains the five most common mistakes people make after a car crash in New York City and how to avoid them.
Mistake 1: Leaving the scene too quickly. After a crash it's natural to want to get home, but the incident needs to be documented. Call 911 so the police and paramedics respond. When the police arrive, they take the driver's information. You cannot bring a lawsuit against a driver you can't identify. Getting the license plate is critical, because the owner can be identified through a DMV search. Also get the driver's insurance information and, if you're able, take photographs at the scene.
Mistake 2: Not seeking medical attention right away. Adrenaline after a crash can mask injuries, and you may not feel pain until hours or days later. Soft tissue injuries and lumbar or cervical spine injuries are often not evident at the scene and need to be documented by a physician. Getting checked at an emergency room or urgent care protects your health and documents your injuries. Insurance companies will argue that a delay in treatment means you weren't hurt.
Mistake 3: Admitting fault or saying something that can be used against you. Under the evidentiary doctrine known as an admission against interest, a casual statement at the scene. A driver saying "I'm sorry, I didn't see you," or an injured pedestrian saying "I'm fine" can be used against you later at a deposition or trial to minimize your damages or shift blame onto you. Fault and the full extent of your injuries are often unclear at the scene, so it's best to say as little as possible about who's to blame or how you feel. Save medical details for medical professionals, not bystanders or the other party.
Mistake 4: Thinking the insurance company is your friend. Insurance adjusters are trained to sound sympathetic, but their job is to limit the insurance company's exposure and minimize the payout. They may offer an early, low settlement framed as a great deal, or ask for a statement that can later be used at a deposition or trial to minimize your injuries. They are not there to help you navigate the process.
Mistake 5: Waiting too long to speak with an attorney. New York has strict deadlines not only the time limit to file a lawsuit, but also deadlines to file for no-fault benefits that cover medical bills and lost earnings. Missing these deadlines can cost you rights you otherwise had. Evidence such as traffic-camera footage and witness statements can also disappear. You don't have to call a lawyer immediately, but a consultation within the first two weeks to 30 days helps preserve your rights and evidence.
Personal injury attorneys work on a contingency fee basis and offer free consultations, so there is no downside to speaking with a qualified attorney sooner rather than later.
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Kramer, Dunleavy & Ratchik, PLLC is located in New York NY and serves clients in Manhattan, Brooklyn, Bronx, and Queens.This website contains “attorney advertising”. Prior results do not guarantee a similar outcome.
The information contained on this website is for general information purposes and is not intended to be legal advice.
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