Category: Car Accident

In recent years, the growing availability of rideshare services like Uber and Lyft have given New Yorkers a true choice when they need transportation services in the City. But which is the safer choice? A New York City cab or Uber?

A study from the University of Chicago found that the rise of rideshare services created a cascading effect: more cars on the road meant more accidents, and more accidents meant more injuries and fatalities. “The authors find that app-based driving services account for about a 3% annual increase in traffic-related fatalities, including pedestrians, since their introduction in 2011, or roughly 987 people each year,” a brief about the study says.

Meanwhile, the NYC Taxi & Limousine Commission says 802 medallion taxis were involved in crashes in 2021 as of the end of September. Among the collisions, 374 accidents caused injuries including three that caused critical injuries and one that led to a fatality. But serious accidents can occur in any type of vehicle.

Ridesharing vehicles such as Uber, Lyft, and Via overtook taxis as the most common for-hire transportation in New York City in 2016. By 2019, ridesharing services accounted for 69 percent of daily trip volume compared to 23 percent for yellow cabs and 2 percent for green taxis, according to the Taxi & Limousine 2020 Factbook. Ridesharing services accounted for more than 85 percent of all passenger pickups in all boroughs of New York except Manhattan, where yellow cabs logged 44 percent of the passenger pickups.

More recently, Uber and similar services are having trouble finding drivers post-pandemic, so more people are hailing taxis, Bloomberg News said in June.

“As New York’s economy is revving up again, the number of daily taxi trips in New York City surged more than 800% in April from a year earlier, while app-based platforms like Uber and Lyft jumped some 220%, according to the Taxi & Limousine Commission.”

Uber Liability Compared to Taxi Liability

A more relevant question may be, where are you better protected if you are injured in an accident with a New York City cab or an Uber driver? The answer is it depends on the location where the accident occurred.

New York has a no-fault insurance system. Personal injury protection insurance is mandatory for drivers. It covers the medical bills and rehabilitation expenses of the driver and passengers in the vehicle, regardless of fault. If you were in another vehicle hit by a taxi or uber vehicle, you would file a claim with your own PIP insurance initially.

If the accident caused serious injuries, the accident victim may have a right to make a claim against the driver’s liability insurance.

New York taxis must carry liability coverage of at least $100,000 per person or $300,000 for all passengers.

In New York, the minimum insurance requirements for ridesharing drivers are $100,000 in liability insurance per person and $300,000 per crash.

The insurance requirements are higher for ridesharing drivers in the rest of the State of New York State.

In New York State, Uber’s $1.25 million liability policy covers passengers and the driver if the Uber driver is transporting Uber passengers when an accident occurs, according to the New York State Department of Financial Services. If you are seriously injured in a car accident as a passenger, you would likely receive more protection under Uber’s policy, if the Uber driver is on the clock outside of New York City.

If the Uber driver is logged into the app but does not have any passengers, Uber’s insurance coverage will pay up to $25,000 for property damage and up to $75,000 for injuries, and $150,000 for bodily injury or death to two or more people, according to the New York State Department of Financial Services.

If the Uber driver is not driving for Uber and not logged into the app when the accident occurred, the accident victim would file a claim against the at-fault driver’s personal auto insurance for serious injuries that exceed the limits of PIP insurance.

A ridesharing driver’s personal liability insurance is likely to be the New York state minimum of:

• $10,000 for property damage for a single accident
• $25,000 for bodily injury and $50,000 for death for a person involved in an accident
• $50,000 for bodily injury and $100,000 for death for two or more people in an accident

Contact Us and Let Our Attorneys Handle Your Case

Determining which insurance should cover your losses after a collision with a taxi or ridesharing driver can be complicated in New York. Whether the accident involves a New York City taxicab or an Uber driver, you will be facing an organization experienced at beating back legal claims.

After a taxi or ridesharing accident, The Tadchiev Law Firm, P.C., can stand up for you. If you have been seriously injured in a crash in Queens, get in touch with our taxi cab attorneys or our ridesharing lawyers to learn how we may help you. We will go over your case for free. Contact us today. We do not charge any fees unless we win for you.

If you have been in a collision caused by someone hitting you from behind, you are not alone. Rear-end collisions are the most common type of car accident in New York City. They also are the most common cause of whiplash, a painful and potentially disabling neck, and back injury.

A New Yorker who has suffered whiplash or another injury while in a car that was struck from behind should be able to recover compensation for their medical bills, vehicle damage, and more. Because New York is a no-fault insurance state, accident victims must initially file claims against their own no-fault auto insurance or against the no-fault policy covering the car in which they were a passenger.

In cases of serious injury and more than $50,000 in medical bills, an accident victim may pursue an additional claim against the driver at fault.

After a rear-end accident, talk to an experienced Queens car accident attorney about the steps you can take to pursue compensation. In Queens, NY, The Tadchiev Law Firm, P.C., can help pursue a lawsuit on your behalf if you have serious injuries and significant losses related to a rear-end collision caused by another motorist.

Contact The Tadchiev Law Firm today to set up a free consultation. We can review the details of the car accident you were in and discuss your legal options.

How Common are Rear-End Collisions?

A study by the National Highway Traffic Safety Administration (NHTSA) says rear-end accidents are the most frequently occurring type of collision and cause a substantial number of injuries and fatalities each year. Rear-end collisions in which the lead vehicle is stopped or moving very slowly prior to the crash account for the majority of these crashes.

Nearly 2.2 million rear-end collisions occurred in the U.S. in 2019, according to NHTSA. That was 32.5% of all motor vehicle accidents reported. The second-most common collisions in 2019 were “angle” collisions, which occurred in 22% of all crashes reported.

NHTSA says 595,000 rear-end accidents made up 31.1% of car accidents resulting in injury in 2019.

Most Common Injuries When Involved In A Rear-End Collision

The most common injury caused by a rear-end collision is an over-extension of soft tissue in the neck and/or upper back known as whiplash. This painful injury occurs because of the rapid back-and-forth motion of the accident victim’s head when a car is hit from behind. The person’s neck bends and stretches beyond its normal range of motion as it first jerks backward and then snaps forward.

Symptoms of whiplash include:

• Neck pain and stiffness
• Tenderness in shoulders, upper back, or arms
• Loss of range of motion in the neck
• Headache
• Fatigue.

While most people recover within a matter of weeks, others may have lasting pain and other long-term whiplash complications.

Other neck and back injuries commonly diagnosed after rear-end collisions include:

• Back Strains
• Back Sprains
• Slipped or Herniated Disc
• Spinal nerve damage
• Spinal Fractures, particularly in the lower or middle back
• Compression Fractures

If the spinal cord is damaged in a rear-end collision, paralysis may result.

Who Is At Fault In A Rear-End Collision

In most cases, it is assumed that the driver of a car that hits another vehicle in the rear is at fault for the accident. Traffic law addresses following too closely, a common cause of rear-end accidents. New York VTL § 1129(a) says “the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

Drivers are expected to follow other vehicles at a safe distance because vehicles in traffic may suddenly and unexpectedly slow down or come to a stop for many reasons. A driver who fails to avoid a collision because they are following too closely or because they are speeding, distracted, or impaired by alcohol or drugs, may be held financially liable after a rear-end crash causing serious injuries.

There may be other contributing factors in rear-end collisions including:

• Faulty brake lights
• Backing into the rear car
• A driver abruptly changing lanes in front of a faster vehicle
• Stopping in the roadway due to mechanical failure or other reasons and not engaging hazard lights or another warning

In these cases, the driver of the front vehicle in a two-car rear-end collision may share a portion of the responsibility for the crash.

Filing a Car Accident Claim in New York

The State of New York requires car owners to maintain no-fault auto insurance coverage, which pays the policyholder after an accident regardless of who caused the crash.

The minimum no-fault insurance coverage a car owner must maintain in New York is $50,000. That amount can be used for medical bills, lost income, certain household expenses, and death benefits if someone is killed in a car accident.

In many cases, $50,000 is not enough insurance to cover all of an injured person’s costs from a serious rear-end accident. Once the full $50,000 in coverage has been used, the injured individual may have a right to sue the driver responsible for the rear-end accident to recover the losses that exceed their auto policy limit.

An accident victim may also sue another driver who caused them “serious injury” in a car accident. Section 5102(d) of New York insurance law describes conditions that meet the definition of “serious injury,” including:

• A bone fracture
• Loss of a fetus
• Significant disfigurement
• Dismemberment
• Permanent loss or significant limitation of use of a body organ, member, function, or system
• Death
• Disability for 90 days during the first 180 days following the accident.

An accident victim who has suffered a serious injury may file a claim against the at-fault driver’s auto liability insurance. If a reasonable settlement cannot be reached, the injured could also pursue a personal injury lawsuit seeking compensation for pain and suffering, as well as for medical expenses, income loss, and property damage.

Contact a Queens Car Accident Attorney

If you have been seriously injured in a rear-end car accident, contact a car accident lawyer at The Tadchiev Law Firm, P.C., today. We provide personalized attention and service to ensure that you recover the maximum compensation you are entitled to.

Call us today or reach out online for your free case review.

Most people rely on auto repair garages, independent mechanics, or service stations to keep their cars running properly. Trained mechanics have the knowledge and skills to diagnose mechanical issues and make repairs. If you have been seriously injured in an accident in Queens and you suspect shoddy repair work caused the accident, you may have the right to hold the repair shop financially accountable for your crash and injuries.

People who are injured in auto accidents in New York City start the claims process by filing a claim against their own Personal Injury Protection (PIP) insurance for medical bills. If your injuries are serious, your medical costs may exceed the limits of your PIP insurance. You may have a right to file a claim against the insurance of the at-fault party that caused the accident.

Unfortunately, the auto repair shop is unlikely to admit voluntarily that its faulty repair work caused your accident. You’ll need an experienced personal injury lawyer to gather evidence demonstrating liability for the accident. In Queens, NY, an auto repair negligence attorney at The Tadchiev Law Firm, P.C., can help you determine whether an auto repair shop or mechanic can be held financially accountable for your injuries and losses.

Contact The Tadchiev Law Firm today to set up a free consultation. If you are wondering, “Can I sue the mechanic or auto repair shop for negligence?” we can review the details and discuss whether you have a valid negligence claim.

Your Rights When Dealing With a Queens Mechanic or Auto Repair Shop

New York State law has a consumer bill of rights that provides protection to people when they deal with automotive repair shops. The Repair Shop Act requires that an automotive service center, garage, or mechanic:

• Provide a written estimate of the parts and labor necessary for each specific repair
• Provide a written work order and not perform any services unless you give your permission
• Provide a detailed invoice listing each repair done, each part replaced, the cost for each, and the cost of labor
• Identify on the invoice any parts used in repairs that are used or not of original quality
• Allow you to inspect your vehicle at the shop before paying for repairs
• Return all replaced parts, except warranty and exchange parts – but you must ask for them in writing before any work is done
• List the terms and time limits of any repair warranty or guarantee on the invoice.

You can protect yourself by dealing only with repair shops that are registered with the N.Y. State Department of Motor Vehicles. All registered repair shops display a green and white sign outside the shop that says, “Registered State of New York Motor Vehicle Repair Shop.” A DMV registration certificate must hang inside the shop.

You should keep all records of your car repair or maintenance, including:

• Estimates
• Work order
• Invoice
• Receipt
• Guarantees and warranties.

These will be the first source of evidence if you have a complaint.

If you authorize repair work by phone, write down the date and time, the name of the person you spoke with, any estimated price quoted, and other pertinent details.

If you attempt to resolve a problem with repair work by speaking to the mechanic and/or management at the business, keep a written record of all contacts and the gist of discussions.

Ask the DMV to Mediate Your Complaint

New York law allows you to file a complaint with the DMV’s Vehicle Safety Consumer Services Section within 90 days or 3,000 miles after vehicle repairs, whichever comes first.

The DMV will first try to mediate the complaint. If mediation fails, DMV will investigate the matter. If the shop violated the Repair Shop Act or other regulations, DMV will either send a warning letter to the shop or schedule a hearing. If a hearing determines that there were violations, DMV may suspend or revoke the shop’s registration and/or impose fines.

At a hearing, the administrative law judge may rule that you deserve restitution, but DMV cannot force a shop to pay you. You may take a claim for financial restitution to small claims court. Most disputes about auto repairs are handled by small claims court.

Do I Have the Right to Sue For Negligence?

When we discuss suing for negligence, it is usually regarding a significant personal injury someone has suffered because of another individual’s or business’s actions or failure to act. For example, if you were injured in a car accident because your vehicle’s brakes failed, you would have the basis of a lawsuit if you could demonstrate the mechanic who recently worked on your brakes did something that caused them to fail.

A personal injury lawsuit requires four basic elements:

• A duty of care. A mechanic, garage, service center is legally obligated to provide competent repair and maintenance services if it offers such services to the public.
• A breach of duty. The service provider failed to provide competent repair or maintenance.
• Damages. You have been injured physically, psychologically, and/or financially in a car accident.
• Proximate cause. The service provider’s breach of duty was the direct cause of your injuries and financial losses.

Under New York law, if the accident caused severe injuries, you may be entitled to file a personal injury lawsuit and seek compensation for:

• Medical expenses
• Lost income (due to injuries)
• Property damage repair
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring or permanent loss of limb
• Punitive damages (for particularly egregious behavior, i.e., fraud).

How Can I Prove That a Repair Shop Was Negligent?

Your personal injury lawsuit against a repair shop would have to demonstrate to the court’s satisfaction that the repair shop’s faulty repairs led to your car accident and injuries.

The documents from repair work on your vehicle would establish the fact of the work and a relationship that established a duty of care. You would then need to show that the repair work was faulty and was the cause of your injuries.

In a car accident, various evidence may show the failure of a car part or system led to the accident. For example, brake failure might be shown by:

• Data from the vehicle’s “black box” event data recorder, which shows brakes engaged just before a crash and disengaged acceleration but no corresponding reduction in speed
• Lack of skid marks (from braking) at the crash scene
• Excessive vehicle damage and severe injures indicative of a vehicle’s high speed

In some cases, accident reconstruction specialists might be called upon to determine how a car accident occurred.

Then, your claim would also show the costs and losses you have suffered because of your injuries.

Initially, you would make your claim to the business or individual businessperson, who would likely deny responsibility, at least at first. Our attorneys would gather evidence of your significant injuries and losses and submit a demand letter to the auto repair shop’s insurance carrier seeking compensation to cover your losses.

At this point, our attorneys would try to negotiate with the insurer to reach a settlement. If the insurer refuses to settle, the next step would be to file a personal injury lawsuit and seek justice through the New York courts.

Contact a Queens Car Accident Attorney

If you have been seriously injured in a car accident that may have been caused by faulty car repairs, contact a car accident lawyer at The Tadchiev Law Firm, P.C., today. We can investigate the accident and handle all contact with insurers, including filing a lawsuit if necessary. We are strong advocates for car accident victims in Queens.

We charge no fees unless we recover compensation for you, and we offer a free case review to answer any questions you may have. Call us today or reach out online.

While people still sustain injuries in car accidents every year, modern cars are generally safer than vehicles built a few decades ago.

The innovative safety features in newer cars are credited by the National Highway Traffic Safety Administration with preventing crashes and reducing the severity of crashes.

Primary Safety Features of a Car

Some of the safety features found in modern cars:

• Airbags – Airbags deploy to prevent drivers and passengers from colliding with hard surfaces within a vehicle such as a dashboard, steering column, windows, or doors. While hitting an airbag can be an intense blow, it’s much softer than the impact from striking a hard surface inside the vehicle. All modern vehicles are equipped with airbags. But millions of vehicles have been recalled due to defective airbags in recent years. it’s important to make sure that the airbags in your vehicle haven’t been recalled.
• Anti-Lock Brakes — Anti-lock brakes are designed to ensure a vehicle’s wheels don’t lock if you suddenly have to apply the brakes. They work by applying brake force in quick pulses to different wheels, preventing all four wheels from locking up at once. If a vehicle’s wheels lock up, the driver can lose control on slippery surfaces, making it harder to avoid a collision.
• Electronic Stability Control — Since 2012, cars in the U.S. have been required to have electronic stability control systems. These systems monitor steering, wheel speed, and sideways motion. If the vehicle starts to deviate from the path the driver is steering, the system automatically applies brake pressure in certain spots to keep you in control.
• Adaptive Headlights — Adaptive headlights check a vehicle’s elevation to make small changes to the angle at which light is emitted. This helps visibility for the driver of the car and minimizes glare for drivers coming the other way. Some adaptive headlights can also track a vehicle’s sideways motion and steering angle to peek around corners, offering drivers better visibility.
• Traction Control — Traction controls limit how much your wheels can spin when accelerating. This helps your vehicle maintain maximum traction and avoid skids, even on wet or slick roads. Traction control systems usually work with your anti-lock brakes to apply brake pressure when one or more wheels start spinning too quickly.
• Lane Departure—Some newer vehicles come equipped with lane departure warning systems that provide warnings when a driver is drifting out of the lane. Lane-keeping systems provide automatic steering and braking to keep a vehicle within its travel lane.

Contact the Tadchiev Law Firm if You’ve Been Hurt in a Car Accident in Queens

Of course, accidents still happen even with the many safety innovations. If you’ve been seriously injured in a car crash caused by another driver in Queens, the car accident attorneys at the Tadchiev Law Firm can help you seek compensation for your injuries.

To learn more about how we can help, contact our office and get your free initial consultation today.

If you have been injured in a car accident, it can be difficult to know what you should do. New York police reported more than 2,600 motor vehicle accidents in Queens in July 2021, resulting in 1,355 injuries.

One of the key questions to ask yourself after a car accident is whether you need help from a Queens car accident lawyer. The answer depends on the circumstances of the accident and the extent of your injuries.

Your initial medical expenses should be covered by your Personal Injury Protection no-fault insurance policy or the no-fault insurance of the vehicle in which you were a passenger. This is mandatory insurance coverage in New York. If your injuries are more serious and your medical expenses exceed the limits of the no-fault insurance, then you should talk with a lawyer about your other options.

An experienced car accident attorney at The Tadchiev Law Firm, P.C., can review the details of your Queens or Nassau County car accident and evaluate the sources of compensation available and whether filing a personal injury claim is in order.

Why Should You Hire a Car Accident Lawyer and When Is the Best Time to Do So?

New York’s rules regarding insurance compensation after a car accident can be confusing if you are unfamiliar with the claims process. New York is one of the states that uses a no-fault system to resolve most car accident claims.

Under New York’s no-fault laws, you’ll file a claim with your own insurance provider under your Personal Injury Protection (PIP) policy. Your no-fault insurance pays your medical bills, lost wages, and reasonable out-of-pocket expenses up to the limits of the policy.

Consult a Lawyer If You Have Serious Injuries or the Accident Has Severely Impacted Your Quality of Life

You cannot file a personal injury claim against the other driver after an accident in New York unless your injuries meet certain standards: Either you’ve incurred more than $50,000 in medical bills and lost wages or your injuries meet the “serious injury” threshold.

Under New York law, serious injuries include bone fractures, dismemberment, significant disfigurement, the permanent loss of use of a body organ or limb, or an injury that prevents you from performing your usual daily activities.

If your injuries meet these standards, you may be eligible to file a personal injury claim against the other driver. If so, you will want to hire an experienced lawyer who can build a case for the full amount of compensation available by law.

What Should I Look for in a Car Accident Attorney?

If you’re looking for a car accident attorney, it’s important to hire a reputable lawyer who you feel comfortable talking to and who has experience handling cases similar to yours.

Here are some things to look for in a car accident lawyer:

• Experience – An experienced lawyer will have a clear understanding of the car accident claims process.
• Reputation – You want an attorney who is established and has been recognized by their peers.
• Results – You want an attorney who has a record of successful results.
• Readiness to go to trial – Most car accident claims are settled out of court, but it’s important to have a lawyer who is prepared to go to trial if necessary. The threat of a trial is often a point of leverage when it comes to negotiating with insurance companies.
• Cost – Most personal injury attorneys work on a contingency basis, meaning they’ll cover the costs associated with your case and receive a legal fee if they obtain compensation for you.
• Personality – You may be working with your attorney for a long time, so it’s important to be able to communicate and work effectively with them.

Should I Hire a Car Accident Attorney Following a Minor Car Accident?

If there are injuries and a dispute about who is at fault, you may want to have an attorney review the details and discuss your rights. A free initial consultation with an attorney can give you an idea of how to proceed after a crash.

If the accident is minor and involves only damage to your vehicles and the cost of vehicle repairs, you should be able to settle the claim without involving a lawyer.

What Does a Personal Injury Lawyer Do That I Can’t Do Myself?

A personal injury lawyer has years of legal training and knowledge of the claims process that non-lawyers typically do not have. This gives the attorney an advantage when it comes to navigating the claims process after a crash, such as identifying all the parties who may be liable for your injuries.

Many personal injury lawyers have access to resources that accident victims don’t have, such as accident investigators and expert medical witnesses. These resources can be crucial to helping you get fair compensation for your injuries.

In addition, a seasoned lawyer will be able to identify the full extent of compensation you may be owed and negotiate aggressively with the other side to protect your rights and interests.

A personal injury lawyer can start working on your case and gathering evidence while you are recovering from your injuries. If you’re in the hospital or in rehabilitation after a crash, you’re in no condition to go out and gather evidence or track down witnesses to support your claim. A car accident attorney can handle the investigation and paperwork while you focus on healing.

How The Car Accident Attorneys at The Tadchiev Law Firm, P.C., Can Help

If you’ve been involved in a car accident with serious injuries in Queens or Nassau County, the car accident lawyers at The Tadchiev Law Firm, P.C., are ready to help you. Call our office today or visit our contact page for a free initial consultation.

Although U-turn accidents typically occur at lower speeds than many other kinds of motor vehicle accidents, these crashes can lead to serious injuries for accident victims, especially pedestrians and cyclists.

If you have been injured in a U-turn accident in Queens, you may wonder whether the driver making the U-turn can be held liable for the crash. You’ll turn first to your own no-fault insurance to cover your initial medical expenses. If your injuries are serious, you may also be eligible to seek compensation from the at-fault driver.

Why Are U-Turns So Dangerous?

U-turns often involve stopping in an active traffic lane and turning in the opposite direction in front of oncoming vehicles.

U-turns are prohibited in business districts and school zones in New York City and where NO U-TURN signs are posted. They are prohibited at many intersections with two-way traffic.

Even where legal, U-turns require a driver to check for oncoming traffic going in the opposite direction, right-turning traffic coming from the perpendicular direction, and pedestrians or cyclists in the crosswalk.

Missing any of these potential obstructions can lead to a serious accident.

Common Causes of U-Turn Accidents

Frequent causes of U-turn accidents in Queens, NY include:

• Making an illegal U-turn
• Attempting a U-turn near the top of a hill or curve where approaching drivers cannot see your vehicle
• Attempting a U-turn from street parking
• Attempting a U-turn from a middle turning lane
• Failing to observe oncoming traffic or pedestrians in the intersection
• Failing to yield to oncoming traffic with the right of way
• Making a U-turn with obstructed views

Six Common U-Turn Accident Types

The six most common kinds of U-turn accident types include:

• T-bone accidents, where the side of the vehicle making the U-turn is struck by an oncoming vehicle proceeding
• Sideswipe accidents, where the vehicle making the U-turn cannot or does not keep the turn tight, swiping the side of another vehicle in an adjacent lane while completing the turn
• Rear-end accidents, which may occur when the driver making the U-turn immediately stops after completing the turn and is hit by a vehicle coming up from behind
• Head-on collisions, which happen when a driver making a U-turn pulls out in front of oncoming traffic
• Pedestrian and bicycle accidents, which happen when a driver fails to spot the pedestrian or cyclist before starting their turn.

Who Is at Fault in a U-Turn Collision?

In most cases, the driver making the U-turn will be found responsible for the accident. A driver making a U-turn on a limited-access expressway that causes an accident will be at fault because U-turns are prohibited on N.Y. expressways.

However, other circumstances may affect the allocation of fault in some collisions.

For example, if the driver making the U-turn was doing so in a lawful place and with a green arrow left turn sign, another driver making a right turn from the perpendicular street against a red light may be found mostly or entirely at fault for the crash.

Contact Our Queens Car Accident Attorneys for Help Today

If you have been seriously injured in a U-turn accident in Queens, your no-fault insurance may not cover your medical bills and other losses. Call The Tadchiev Law Firm, P.C. today to discuss whether a personal injury claim is in order. Call for a free consultation with a Queens car accident attorney. Learn about your legal options for pursuing a financial recovery from the driver responsible for your injuries. Call us or get in touch with us online.

The New York Police Department reports that there were 2,744 motor-vehicle accidents in New York City in June 2021 including more than 1,000 crashes involving injuries or fatalities.

Understanding how different kinds of accidents occur can help determine who should be held financially responsible for any injuries. Driver inattention, following too closely, and failure to yield the right of way are common contributing factors to car accidents in Queens. Whether you were injured by a distracted driver or in a multi-car pileup, you should know about your rights after a Queens car crash.

The Queens car accident lawyers at the Tadchiev Law Firm, P.C., have gathered some information on the types of car accidents and how they happen. Keep reading or contact us to learn more.

Types of Car Accidents

In addition to single-car crashes, some other common types of motor-vehicle collisions include:

• Head-on collisions – Head-on collisions are among the most dangerous types of car accidents. They usually involve two vehicles colliding at high speeds. When two vehicles collide head-on, the drivers and passengers in both vehicles experience the full force of the collision. Head-on collisions can cause a vehicle to crumple around the driver and passengers in the front of the cabin, causing catastrophic injuries and sometimes pinning the occupants in place. Drivers drifting out of their lane because they’re intoxicated, distracted, or falling asleep, often cause head-on crashes.
• Rear-end collisions – Rear-end collisions are one of the most common types of car accidents in New York City. These accidents can still cause significant harm. Even at low speeds, rear-end collisions put tremendous force on the bodies of anyone involved, especially those in the forward vehicle. The sudden forceful impact from a rear-end crash can lead to whiplash and other back, neck, and head injuries. Rear-end collisions are caused by distracted driving, driving while impaired, and drivers following too closely.
• Side-impact collisions – Side-impact collisions, also known as T-bone accidents, involve one car striking the side of another car at a right angle, forming a “T” or an “L” shape. These accidents are generally the result of one driver proceeding through an intersection when they shouldn’t, causing them to hit another driver passing through the intersection or attempting to turn. Drunk driving, distracted driving, speeding, and reckless driving are frequent causes of side-impact collisions in Queens.
• Sideswipe collisions – A sideswipe collision happens when two side-by-side vehicles hit each other. This may cause one or both vehicles to lose control and spin out, possibly leading to additional collisions. Most sideswipe collisions are the result of carelessness on the part of one or both drivers, though other causes such as impaired driving or distracted driving may play a role.
• Car rollovers – Car rollovers can happen for many reasons, such as when a vehicle experiences a side-impact collision, or the driver loses control of the vehicle after drifting off the road shoulder, or a tire blowout. Rollovers often cause catastrophic injuries to the occupants who are thrown violently around the cabin as the vehicle tumbles.

Contact Our Experienced Queens Car Accident Lawyers Today

The injury attorneys at Tadchiev Law Firm, P.C., assist people injured in all types of vehicle accidents caused by the fault of others. Under New York law, you have the right to seek fair compensation if you were injured due to someone else’s negligence. Contact the Queens car accident lawyers at the Tadchiev Law Firm, P.C., today for a free initial consultation.

Most serious car accidents are caused by human error. Self-driving cars have the potential to prevent many crashes by avoiding common mistakes made by human drivers.

Fully self-driving cars operating on the Queens Expressway or public roads of New York are still many years away from becoming reality. The development and evolution of automated cars will present challenging questions of liability after accidents.

Driverless Car Accidents

Self-driving cars currently in development are being road-tested in limited situations such as on fully mapped roads in Phoenix, San Francisco, and Detroit. Waymo, formerly Google’s self-driving car development unit, reported its vehicles were involved in 47 accidents in 21 months in 2019-20 in Arizona. The company said no one was seriously injured and most of the collisions were caused by the other driver.

There has been very little testing of self-driving cars in New York because of lawmakers’ concerns about traffic safety on New York’s congested road highways.

New York law requires self-driving vehicles to have a police escort, a $5 million insurance policy, and provide in advance the specific route where the self-driving car will be tested.

Levels of Automation

Many newer vehicles on the roads today in New York City have some level of driver assistance technology to prevent crashes such as blind-spot detection, lane departure warnings, rearview video systems, automatic emergency braking, lane-keeping assistance, and adaptive cruise control.

The Society of Automotive Engineers defines six levels of automation:

1. No automation
2. Driver assistance – Some driver assistance may be part of vehicle design.
3. Partial automation – The vehicle has some automated features, but the driver must stay engaged with the task of driving.
4. Conditional automation – The driver must be ready to take control of the vehicle at any time.
5. High automation – The vehicle is capable of performing all driving functions under certain conditions, but the driver may have the option to control the vehicle.
6. Full automation – The autonomous vehicle is capable of operating under all conditions. The driver may have the option to control the vehicle.

Who Is Responsible When an Autonomous Vehicle Hurts People?

Is the car or driver responsible? Most autonomous vehicles you see on the road these days are at level two or lower. Drivers behind the wheel of these vehicles are generally liable for accidents if they were negligent. These vehicles require drivers to stay fully attentive and ready to alter speed or steering.

If it can be shown that driver assistance technology failed to work as intended or had a design flaw, the manufacturer of the technology or the vehicle manufacturer may be financially liable for injuries caused by the vehicle.

Product liability cases require a detailed investigation to identify the design flaw or show how the product malfunction occurred.

How Is Insurance Handled in Autonomous Vehicle Collisions?

It will depend on the specific details of the accident.

For the foreseeable future, driver’s insurance will be the first place to focus after collisions involving self-driving vehicles. For example, if a backup driver in a self-driving car fails to remain alert and take control when needed, the driver may be at fault.

The manufacturer of a product also may be responsible when the product causes harm. A claim may be filed against the car manufacturer’s insurance if a design defect or manufacturing defect caused an accident or the manufacturer failed to warn of recognizable hazards associated with the vehicle. The law is likely to evolve in this area as autonomous cars become more commonplace.

Contact Our Queens Car Accident Lawyers for Help

If you are injured in a car accident in Queens, N.Y., whether it involves a traditional auto or a vehicle equipped with the most advanced driver assistance technology, you need an experienced personal injury lawyer to help you determine who is financially responsible for your injuries.

The attorneys at The Tadchiev Law Firm, P.C. are ready to investigate the most complex cases of car accident liability and hold those at fault for your injuries accountable. We can pursue full compensation for your medical expenses, lost wages, and other accident-related losses. Contact a Queens car accident lawyer at The Tadchiev Law Firm, P.C. at 718-606-4931 or reach out online.

New York’s statewide distracted driving law currently states: All drivers must use hands-free devices when talking on cell phones. Text messaging, game playing, and similar usage of handheld electronic devices is prohibited for all drivers. Viewing, taking, or transmitting images is prohibited for all drivers.

The year 2021 marks the 20th anniversary of the first state law in the nation to make it illegal to hold and use a cellphone while driving a car. This New York law that aimed at reducing distracted driving accidents took effect on November 1, 2001.

Today, 24 states and Washington, D.C. ban handheld cellphone use while driving. A total of 48 states and Washington ban texting while driving for all drivers, according to the Governor’s Highway Safety Association (GHSA). No state completely bans cellphone use by all drivers including hands-free operations, but 37 states and Washington prohibit all cellphone use by novice drivers, and 23 states and Washington ban it for school bus drivers.

Despite the laws in New York and other states, 3,308 people were killed and an estimated 290,000 more were injured in motor vehicle crashes involving distracted drivers in 2022, the National Highway Traffic Safety Administration (NHTSA), says.

At Tadchiev Law in Queens, NY, our distracted driving accident attorneys have found distracted driving to be among the leading causes of car accidents. Drivers who engage in this reckless behavior should be held accountable, especially when they cause accidents and injure other drivers, passengers, pedestrians, and cyclists. Our experienced attorneys are ready to help accident victims injured by distracted drivers.

What Is Distracted Driving?

The N.Y. Governor’s Traffic Safety Committee defines distracted driving broadly with a focus on “driver inattention.”

Driver inattention includes any one of the following:

• Driver engagement in secondary tasks
• Driver drowsiness
• Driving-related inattention to the forward roadway
• Non-specific eye glance away from the forward roadway

The Governor’s Committee says further:

• Looking away for two or more seconds will double the risk of a crash or near-crash.
• Driver inattention due to drowsiness will increase the risk of a crash or near-crash by at least four times.
• A driver who is engaged in a secondary task while driving also increases the risk factor.
• The following actions: talking, listening, or dialing a hand-held device; inserting or retrieving a compact disc; operating a PDA; reading, applying makeup or eating will increase the driver risk factor of a crash or near-crash by two to three times.

While discussions regarding distracted driving often focus on cellphone use and texting, the NHTSA notes that distracted driving includes a wide range of activities, such as eating, talking to passengers, or adjusting the radio or climate controls. “A distraction-affected crash is any crash in which a driver was identified as distracted at the time of the crash,” the federal agency says.

In 2022, according to the NHTSA:

• 8% of fatal crashes, 12 % of injury crashes, and 11 % of all police-reported motor vehicle traffic crashes were reported as distraction-affected traffic crashes.
• There were 3,308 people killed and an estimated additional 289,310 people injured in motor vehicle traffic crashes involving distracted drivers.
• 5% of all drivers involved in fatal traffic crashes were reported as distracted at the time of the crashes.
• There were 621 nonoccupants (pedestrians, pedalcyclists, and others) killed in distraction-affected traffic crashes.

New York Distracted Driving & Cellphone Usage Laws

It is illegal for a driver in New York to use a handheld cellphone or any other portable electronic device used for communication or computing while their motor vehicle is in motion, according to Vehicle & Traffic Law 1225(c) and VTL 1225(d).

Illegal activity includes holding the device and:

• talking on a phone
• writing, reading, sending or transmitting, accessing or retrieving, saving, or browsing or scrolling information, such as email, texts, or web pages
• viewing, taking, or transmitting images with or from a camera, including a phone’s camera
• playing games

The law does not apply to hands-free cellphones.

If you are spotted holding a phone to your ear or near your ear, the N.Y. law says you are presumed to be engaged in a phone call.

If you are operating a commercial motor vehicle (a truck or bus), it is illegal to use a phone or any other portable electronic device while stopped at a red light or by any other traffic signal.

The law does not apply if you are phoning or speaking to a:

• Police officer or police department
• Firefighters or fire department
• Ambulance company or dispatcher
• Hospital, physician’s office, or health clinic

Fines for Texting and Driving in New York

In the state of New York, law enforcements gives fines starting from $50 up to $450 to a person texting and driving depending on the following cases:

• First texting while driving offenders get a penalty of a $50 up to $200 fine.
• A second offense within 18 months of the first offense receives a $50 to $250 fine.
• A third offense within 18 months receives a $50 to $450 fine.
• In addition to this, a surcharge of up to $93 may be added to any ticket.

You’ll also have 5 points added to your driver’s license for each offense if found guilty. If you receive 11 points within 18-months, your driver’s license may be suspended.

Contact a Queens Distracted Driving Car Accident Lawyer

We recognize that distracted driving existed in New York long before the advent of cellphones and that no law can stop a negligent driver from taking his or her eyes off of the road because of distractions inside and outside of their vehicles. But the recklessness of purposefully engaging in secondary activities like using a phone or applying makeup while driving is obvious. Drivers who are distracted put other motorists, pedestrians, and cyclists at risk of serious injury and should be accountable when they cause harm.

The car accident lawyers at The Tadchiev Law Firm, P.C., serve as aggressive advocates for car accident victims in Queens, NY. We will work to maximize the compensation you receive if a distracted driver is responsible for the injuries you have suffered in a car accident.

For a free review of your legal options after a Queens car accident, call us today or reach out online. We don’t charge a fee unless we recover compensation for you.

If you are in a car, truck, or motorcycle accident in Queens or anywhere in New York that causes injury or $1,000 or more in damages and the police response to it, they will file a report with basic information about what happened. If the police do not respond to a car accident of that severity, the drivers involved must file a report with the N.Y. Division of Motor Vehicles.

The report, officially known as the Report of Motor Vehicle Accident (MV-104), is typically the basis of a car, truck, or motorcycle accident claim against the at-fault driver’s liability insurance or a personal injury lawsuit. The MV-140 form can be found online at dmv.ny.gov/forms/mv104.pdf. 

If you own a motor vehicle or drive one in Queens, you should know how to obtain a car accident report. There are more than 440,000 car accidents a year in New York state, more than 1,200 a day. Don’t think it can’t happen to you.

What Is a Car Accident Report?

The State of New York’s MV-104 car accident report form collects information about accidents and those involved, including:

• Contact information for all parties involved in the accident (drivers and witnesses)
• Date, time, and location of the accident
• Driver license information
• Vehicle registration information
• Diagrams to illustrate the accident
• Amount and severity of vehicle damage
• Description of injuries
• Weather and road conditions at the time of the accident
• Citations issued by police
• Police comments and observations
• Insurance information.

The MV-104 must be filed within 10 days of the date of the accident. It can be completed online. In the best circumstances, the police will file the report for you. However, the police don’t respond to every car accident in the New York City metropolitan area.

Once the report is filed, the accident goes on the records of all drivers involved in the crash. This doesn’t mean you were at fault. The DMV doesn’t determine fault.

Requesting Your Accident Report from the NYPD

If you are involved in a car accident in Queens that police responded to, you can obtain a copy of the report from the precinct where the collision occurred within 30 days of the accident.

There are three ways to obtain the report:

• Download and complete two copies of the Request for Copy of Collision Record, and either:
  • mail them to the precinct with jurisdiction over the site of the accident, or
  • drop them off in person at the precinct.
• Request a collision report online using the Collision Report Retrieval Portal. It may take seven business days from the date of the accident for the report to be available here.

Collision Reports are held at the precinct for 30 days before being forwarded to the New York State Commissioner of Motor Vehicles. After 30 days from the date of the accident, you’ll have to contact the New York State Department of Motor Vehicles (DMV) to get a copy of the report.

Requesting Your Accident Report from the N.Y. Department of Motor Vehicles

Local police reports filed after car accidents causing a personal injury or $1,000 in damages go to N.Y. DMV about a month after the accident.

The DMV says to expect a report to enter their system at least 14 days after the accident if it happened in Queens or one of the other four boroughs of New York City. Paper police reports take at least 30 days to appear in the system. Meanwhile, a report filed by a motorist from anywhere in New York State takes at least 60 days after the accident to enter the system (assuming it is filed within the required 10 days).

In most cases, the DMV keeps accident reports filed by police or motorists for four years from the date of the accident.

You can obtain an accident report from the DMV by mail or online.

By mail, you must download and complete the Request for Copy of Accident Report (MV-198C) and provide the:

• date of the accident
•  county where the accident occurred

and at least one of the following:

• the license plate number of a vehicle involved in the accident
• the driver license number of a person who was involved in the accident
• name and date of birth of a person who was involved in the accident.

There is a cost payable by check of:

• $10 search fee, and
• $15 report fee for each report you order.

Mail the completed form and a check to:

NYSDMV
MV-198C Processing
6 Empire State Plaza
Albany, NY 12228

Online, you can search for, buy and immediately download certified accident reports. This requires a $7 search fee and $15 for each report, but first, you can search for free to determine whether the report is available.

Here is the online Get Motor Vehicle Accident Reports portal.

Conduct a free search by clicking on “List Reports on File by Date” to see a list of accidents on file by the county and date you enter. The list will include license plate numbers of vehicles involved in the accidents on file.

If your report is available, you must then conduct a paid search by clicking on “Search by Plate Number, License Number, or DMV Accident Case Number.” You will be charged the $7 fee regardless of the outcome of the search, including problems caused by entering incorrect information or if the report is not actually available.

Order the report you need by providing one of the following:

• the plate number of a vehicle involved in the accident
• the driver license number of a person who was involved in the accident
• the 8-digit DMV case number (starts with the number 3).

After you pay the $15 fee (per report), you will be able to download your reports in PDF format.

You will have seven calendar days to access the report you purchased. After seven days, you will need to pay again.

Why You Might Need a Car Accident Report

A car accident report provides the basic information about a collision: who, what, where, when, how it happened, and how much damage it caused. If you have an insurance claim against a policy you hold or the other driver’s coverage, you and the insurance company will need this information.

If your claim is disputed, the information on a car accident report gives your lawyers a place to start to build a case for you. As your car accident attorneys, The Tadchiev Law Firm can help you obtain an accident report if you don’t have it. Our Queens injury attorneys will work aggressively to pursue just compensation for you.

Work with a Queens Car Accident Attorney to Recover Compensation

If you have been injured in a car accident in Queens, N.Y., contact a car accident lawyer at The Tadchiev Law Firm, P.C., today. We are aggressive legal advocates ready to fight to maximize the compensation you recover for your accident-related medical expenses, lost income, and other losses.

Call us today at 718-380-1200 or reach out online. We won’t charge a legal fee unless we win money for you. We’ll start by reviewing your accident, answering any questions, and discussing your legal options during a free consultation. Call now.