If you’ve been hit by a car or involved in an auto accident on Long Island, the most important thing you can do is to speak with a Garden City car accident lawyer who understands New York law and can protect your rights. While many people initially focus on getting medical care and contacting their insurance companies, there’s a critical next step: securing legal representation to ensure you receive the compensation you deserve.
At Rosenberg & Gluck, LLP, our team will oversee the complex process of investigating the accident, identifying liable parties, and pursuing the maximum settlement or verdict for you. If you’re unsure about your next steps or whether you have a case, we offer a free consultation where we can review your situation and provide guidance tailored to your needs.
Common Types of Accidents Involving Being Hit by a Car
Being hit by a car can happen in various scenarios, not just as a pedestrian. Whether you were behind the wheel, a passenger, or even walking in a parking lot, the legal implications can vary, but proper representation remains vital. Let’s break down some common types of car accidents and explain how a lawyer can help in each situation.
Vehicle Collisions: Driver Hit by Another Vehicle
One of the most common scenarios involves a driver being struck by another vehicle. This can happen in rear-end collisions, T-bone accidents, sideswipes, or head-on crashes. If you were driving your car and another driver hit you, determining fault can be straightforward in some cases but more complex in others—especially if multiple vehicles were involved or there’s a dispute over liability.
- Legal Implications: In New York, fault in a car accident determines who pays for damages beyond what is covered by no-fault insurance. A lawyer can help collect and present the evidence needed to establish that the other driver’s negligence caused the accident, ensuring you’re compensated for immediate and long-term costs.
- How a Lawyer Can Help: Your lawyer will handle investigations, work with accident reconstruction experts if needed, and communicate with insurance companies. They will also make sure you get compensated for things like medical bills, lost wages, pain and suffering, and vehicle repairs or replacement.
Passenger Injuries
If you were a passenger in a vehicle hit by another car, you have the right to seek compensation for your injuries, regardless of which driver was at fault. Passengers are rarely, if ever, found liable in an accident, which can make recovering compensation more straightforward. However, issues can arise if the drivers or insurance companies try to shift responsibility between themselves.
- Legal Implications: As a passenger, you may be entitled to compensation from either or both drivers’ insurance policies. Determining which party is liable is essential for maximizing your recovery, especially if your injuries are severe and exceed what no-fault insurance covers.
- How a Lawyer Can Help: An experienced lawyer will navigate the complexities of filing claims with multiple insurance companies, ensuring you don’t get caught in the middle of disputes between the drivers. They will also negotiate for a settlement that reflects the full extent of your injuries and losses.
Pedestrian Accidents
Pedestrian accidents are often the most severe because there’s little protection between the person and the vehicle. Whether you were crossing the street, walking along the side of the road, or navigating a parking lot, getting hit by a car can lead to catastrophic injuries. Pedestrian claims are typically more complex due to the potential for life-changing injuries and the possibility that the driver may dispute their responsibility.
- Legal Implications: In New York, pedestrians generally have the right of way, but determining liability can still be challenging. The driver may argue that the pedestrian was crossing illegally or wasn’t visible. An attorney’s involvement is crucial to prove the driver’s negligence and ensure the pedestrian is compensated for medical bills, rehabilitation, lost wages, and more.
- How a Lawyer Can Help: A personal injury attorney will investigate whether the driver was distracted, speeding, or otherwise negligent. They will also calculate the damages for future medical care and loss of income if your injuries prevent you from returning to work.
Bicycle and Motorcycle Accidents
Cyclists and motorcyclists often face serious injuries when hit by a car due to the lack of protection compared to a vehicle occupant. These accidents commonly happen at intersections, during turns, or when a driver doesn’t see the smaller vehicle. Even if the accident seems minor, the injuries can be severe.
- Legal Implications: Drivers often try to shift blame onto the motorcyclist or bicyclist by claiming they weren’t following traffic laws. However, in most cases, these accidents are caused by driver negligence, such as failing to yield or being unaware of the cyclist’s presence.
- How a Lawyer Can Help: Personal injury lawyers work to prove that the driver was at fault and secure compensation for medical bills, repairs to the bicycle or motorcycle, and any ongoing rehabilitation needs. In cases involving long-term injuries or disabilities, they’ll ensure that your future care is factored into the settlement.
Parking Lot Accidents
Parking lots are often chaotic, with cars, pedestrians, and shopping carts all in close proximity. If you were hit by a car in a parking lot, the question of who is at fault can become complicated, especially since these accidents usually happen at low speeds, and both parties may be moving.
- Legal Implications: Determining fault in a parking lot accident often requires careful consideration of security footage, witness testimony, and whether both drivers (or a driver and pedestrian) were following basic traffic rules. A lawyer can help identify who is responsible for the collision.
- How a Lawyer Can Help: Your attorney will gather evidence from the scene, such as video footage or witness statements, and will advocate for your rights in negotiations with insurance companies. They will also ensure you receive compensation for your injuries, even if the accident didn’t occur on a public roadway.
Hit-and-Run Accidents
Being involved in a hit-and-run accident can leave you feeling helpless, especially if the driver responsible for your injuries is never found. However, you still have legal options to recover compensation, especially if you have uninsured motorist coverage.
- Legal Implications: In hit-and-run accidents, if the responsible driver cannot be located, you may have to rely on your own insurance policy’s uninsured motorist coverage. This can be a complex process, especially if your insurance company tries to minimize your payout.
- How a Lawyer Can Help: A lawyer will work to investigate the accident, potentially locating the hit-and-run driver. Even if the driver isn’t found, they’ll ensure you’re fairly compensated through your insurance. They’ll also help you navigate the often-difficult process of filing an uninsured motorist claim.
Why You Need Legal Representation for Any Type of Car Accident
No matter what type of accident you were involved in, one thing is clear: having a lawyer on your side can make a significant difference in your ability to recover fair compensation. Car accidents often lead to more than just immediate medical bills—they can cause long-term physical, emotional, and financial challenges.
The legal team at Rosenberg & Gluck, LLP, is experienced in handling these cases and knows how to protect your rights under New York law. By consulting a lawyer, you can focus on recovering from your injuries while we handle the complexities of your case, negotiate with insurance companies, and ensure you’re fully compensated for all damages.
- Protect Your Rights: Insurance companies often look out for their bottom line, not your best interests. A lawyer can protect your rights and ensure you don’t agree to an unfair settlement.
- Maximize Compensation: Your lawyer will factor in all types of economic and non-economic damages so you can recover compensation for current and future medical bills, lost income, pain and suffering, and more.
- Handle Investigations and Evidence Collection: After an accident, determining liability requires gathering evidence such as accident reports, witness statements, medical records, and sometimes expert testimony. This is time-consuming and challenging to handle alone, especially if you’re recovering from injuries. Our legal team takes care of this for you.
- Negotiate with Insurance Companies: Insurance companies often offer lower settlements in hopes that accident victims will accept. We have extensive experience negotiating with insurers and know how to counter their tactics. If the insurance company refuses to offer a fair settlement, we’re prepared to take your case to court to secure a fair settlement or verdict.
How New York’s No-Fault Insurance Law Affects Your Claim
New York operates under a no-fault insurance system for car accidents, which means that, regardless of who caused the crash, your own insurance will cover your initial medical expenses and certain other out-of-pocket losses. This system is designed to simplify the claims process and ensure that victims receive compensation quickly, without needing to prove fault.
However, no-fault insurance has limitations, especially when covering severe injuries or non-economic damages like pain and suffering. An experienced personal injury attorney understands how New York’s no-fault insurance system works and when you can step outside of it to pursue a lawsuit when you’ve been injured in a car accident.
What is New York’s No-Fault Insurance?
New York’s no-fault insurance law requires all drivers to carry Personal Injury Protection (PIP) coverage as part of their auto insurance policy. PIP is meant to provide quick financial relief to accident victims by covering essential expenses related to the accident, such as:
- Medical bills: This includes hospital visits, doctor’s appointments, rehabilitation, medication, and any other treatment required as a result of your injuries.
- Lost wages: If your injuries prevent you from working, PIP can reimburse you for a portion of your lost income, typically up to 80% of your wages, with a cap on the total amount.
- Other reasonable expenses: PIP also covers incidental expenses, such as transportation to medical appointments or household help while you recover.
The Limitations of No-Fault Insurance
While no-fault insurance allows for faster payment of medical expenses and wage loss, it has limitations that can significantly affect victims of serious accidents:
- No compensation for pain and suffering: PIP only covers economic damages, such as medical bills and lost wages. It does not compensate you for non-economic damages like pain and suffering, emotional distress, or loss of enjoyment of life.
- Limited coverage for serious injuries: The $50,000 minimum PIP coverage may not be sufficient if you suffer serious injuries that require extensive or ongoing treatment.
Due to these limitations, many accident victims find that the no-fault system alone does not provide adequate compensation, particularly for more serious injuries. Fortunately, New York law allows you to step beyond the no-fault system and pursue additional compensation through a personal injury lawsuit in certain cases.
When Can You Step Beyond the No-Fault System?
In New York, you can file a lawsuit against the at-fault driver or another liable party if your injuries meet the state’s definition of a serious injury. According to New York Insurance Law § 5102(d), a serious injury is one that involves:
- Death
- Dismemberment
- Significant disfigurement
- Fractures (broken bones)
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury or impairment that prevents you from performing your usual daily activities for at least 90 days during the 180 days immediately following the accident.
If your injury falls under one of these categories, the no-fault system does not limit you, and you may be eligible to seek compensation through a personal injury lawsuit. This would allow you to recover damages for pain and suffering, emotional distress, and additional economic losses exceeding your PIP coverage’s limits.
Don’t Wait—Talk to a Lawyer Before It’s Too Late
Under New York law, you generally have three years from the date of the accident to file a personal injury lawsuit. However, exceptions may shorten this timeframe. For example, if a government vehicle was involved or if the accident occurred on public property, the deadline could be much shorter. Acting quickly is essential to preserve your right to compensation.
The Benefits of Working with Rosenberg & Gluck, LLP
We know that choosing the right lawyer can be a difficult decision. Here’s why Rosenberg & Gluck, LLP is the right choice for your case:
- We Offer Free Consultations: You can discuss your case with us at no cost to you, with no obligation to move forward. This allows us to evaluate your case and give you clear advice on your options.
- We Work on a Contingency Fee Basis: You don’t pay us unless we secure compensation for you, which means we’re just as invested in your case as you are.
- We Know New York Law: Our legal team has decades of experience handling car accident claims under New York law. We’re familiar with the specific challenges that Long Island residents face and are committed to fighting for our local community. We serve Suffolk County, Nassau County, and the Boroughs.
- We’re Accessible and Committed: Our clients are more than just case numbers to us. We pride ourselves on being available to answer your questions, explain the process, and guide you through each step of your case.
Let Rosenberg & Gluck, LLP Fight for You
If you’ve been hit by a car or involved in a collision, you don’t have to face the legal challenges alone. At Rosenberg & Gluck, LLP, we will fight to ensure you receive the compensation you need to cover both immediate costs and long-term expenses.
Our team of Garden City personal injury attorneys are ready to handle the investigation, negotiation, and, if necessary, litigation of your case so you can focus on your recovery. Contact us today for a free consultation and let us put our knowledge of New York’s car accident laws to work for you.
Call our Long Island office at 631-451-7900 or contact us online to fill out our Free Case Evaluation form to get started. We’re here to help and won’t rest until we’ve secured the compensation you deserve.
