New York Car Accident Attorneys
Traffic accident laws are different in each state, and New York has some uncommon auto accident laws that can have a significant impact on your case and your ability to recover the full compensation you need and deserve. The experienced New York car accident lawyers featured on this website are here to protect your legal rights during this difficult time, and we encourage you to schedule a consultation as soon as possible.
Vicarious Liability
In most states vicarious liability applies in specific situations. For instance, an employer can often be held liable for an accident caused by an employee if the accident occurred while the employee was driving in the course of work-related duties. In some states parents are held responsible for accidents caused by their minor children when children are driving for family purposes.
New York has a broader vicarious liability law. If a vehicle owner allows a person to use his or her car, the owner can be held liable for the accident. It does not need to have been used for the owner’s benefit or loaned to someone who was drunk or known to be a bad driver. And, implied permission counts. If the driver did not have permission to use the vehicle, it is up to the vehicle owner to prove it.
No-Fault
Under New York’s no-fault rule, you can recover your medical expenses and some of your lost income fairly easily because you do not need to prove fault. Unfortunately, no-fault benefits may not be nearly enough to cover your losses and long-term needs, and do not cover non-economic damages such as pain and suffering.
New York’s no-fault law bars you from suing for your injuries unless you meet the serious injury threshold. In order to qualify as “serious” your injury, or that of a loved one, must result in one or more of the following:
- Fracture
- Dismemberment
- Significant disfigurement
- Temporary but substantial disability for at least 90 days during the first six months following the date of your accident
- Significant limitation of use of a body function or system
- Permanent limitation of use of a body organ or member
- Permanent loss of use of a body organ, member, function, or system
- Loss of a fetus
- Death
If you have been injured or lost a loved one in a car accident in New York, please call one of the experienced New York car accident lawyers listed on this page.