Borough Park car accident lawyer: Win Your 2025 Case
Understanding Your Rights After a Borough Park Car Accident
If you’re searching for a Borough Park car accident lawyer, here’s what you need to know immediately:
- You have three years from the accident date to file a personal injury lawsuit in New York.
- You must first file a claim with your own insurance company under New York’s No-Fault law.
- You can sue the at-fault driver only if you suffer a “serious injury” or your losses exceed $50,000.
- A local lawyer can help you steer Brooklyn’s busy streets, complex insurance claims, and maximize your compensation.
- Most car accident lawyers work on contingency, meaning you pay nothing unless you win.
Borough Park’s vibrant community life, with its busy commercial districts and constant traffic, also creates significant risks. An accident can leave you with physical pain, financial worries, and many unanswered questions. The neighborhood’s unique challenges—heavy pedestrian traffic, double-parked vehicles, and congested intersections—contribute to frequent collisions.
After a crash, you face New York’s no-fault insurance system, which adds another layer of complexity. You must first turn to your own insurance company for coverage, regardless of who was at fault. Insurance companies aim to pay as little as possible and may pressure you into a quick, low settlement. This is where a Borough Park car accident lawyer makes a critical difference. A lawyer who knows the neighborhood can protect your rights and fight for the compensation you deserve.
I’m Mark Segal, and I’ve spent decades representing New Yorkers injured in car accidents throughout Brooklyn. Our firm understands the community, the traffic patterns, and the legal complexities that make these cases unique. We’re here to help you steer the aftermath of an accident.
The Unique Challenges of Car Accidents in Borough Park
If you’ve ever driven down 13th Avenue, you know that Borough Park is not a typical Brooklyn neighborhood. The streets pulse with life—shoppers, delivery trucks, and families crossing mid-block—creating a perfect storm for accidents. Add the constant traffic around Maimonides Medical Center, and you have one of Brooklyn’s most challenging driving environments.
Brooklyn has the highest rate of deadly hit-and-run collisions in New York State. Between 2017 and 2021, hit-and-run crashes accounted for 11.6 percent of all fatal collisions in the borough. When the at-fault driver flees, the trauma is compounded by injustice, making a Borough Park car accident lawyer who understands these patterns essential.
Common Causes of Collisions in the Neighborhood
Many collisions in Borough Park stem from a few common dangerous behaviors:
- Driver Distractions: A driver glancing at a text message for just a few seconds can cause a life-altering crash.
- Following Too Closely: In Borough Park’s stop-and-go traffic, tailgating is an epidemic, leaving no room to react to sudden stops.
- Failure to Yield: With so many people walking near popular delis and shops, drivers who don’t give pedestrians the right-of-way cause serious injuries.
- Unsafe Lane Changes & Aggressive Driving: Frustration with traffic leads to drivers darting between lanes without checking blind spots or speeding through residential streets.
- Dooring Accidents: A car occupant opening a door without looking can cause a cyclist to crash with no time to react.
Common Types of Accidents
These dangerous behaviors lead to predictable types of collisions:
- Rear-end collisions are extremely common due to tailgating and distracted driving in heavy traffic.
- T-bone accidents occur at intersections when drivers run red lights or fail to yield. These side-impact crashes are particularly devastating.
- Pedestrian knockdowns happen with heartbreaking frequency due to the sheer volume of foot traffic.
- Sideswipe accidents result from unsafe lane changes in tight quarters.
- Accidents involving delivery vehicles for local bakeries and businesses add another layer of complexity, as these large trucks can block traffic and create blind spots.
- Hit and Run Accidents require immediate investigation to track down the responsible driver and secure compensation.
Navigating New York’s Complex Car Accident Laws
After a car accident in Borough Park, you face a confusing legal system. New York operates under a “no-fault” insurance law, which fundamentally changes how you get compensated.
Under the Comprehensive Automobile Insurance Reparations Act, you must first turn to your own insurance company for coverage, regardless of who caused the accident. This coverage, called Personal Injury Protection (PIP), provides up to $50,000 per person for “basic economic loss.” This includes medical bills, lost wages (up to $2,000/month for three years), and other necessary costs. Critically, you must file your PIP claim within 30 days of the accident to avoid losing these benefits. For more details, see § 5104(a).
New York also uses a comparative negligence rule, meaning you can still recover compensation even if you were partially at fault. Your award is simply reduced by your percentage of fault. As your Borough Park car accident lawyer, our job is to minimize any fault assigned to you.
Understanding the “Serious Injury” Threshold
The no-fault system has a major catch: you can only sue the at-fault driver for pain and suffering if your injuries meet New York’s strict definition of a “serious injury.” This threshold, defined in New York Insurance Law § 5102(d), is where many claims get stuck. A serious injury includes:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- 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
- A medically determined injury that prevents you from performing your usual daily activities for at least 90 of the 180 days following the accident
Insurance companies will fight to argue your injuries don’t meet this standard. You can also sue if your basic economic losses exceed $50,000.
The Statute of Limitations for Filing a Claim
Time is not on your side. New York’s statute of limitations sets strict deadlines:
- Three years from the accident date to file a personal injury lawsuit.
- Two years from the date of death for Wrongful Death claims.
- Just 90 days to file a Notice of Claim if a government entity (like an MTA bus or city truck) was involved.
Missing these deadlines can permanently bar you from recovering compensation. This is why contacting a Borough Park car accident lawyer immediately is so important. We ensure every deadline is met and your rights are protected.
Why You Need a Borough Park Car Accident Lawyer
After a car accident, you’ll be juggling doctor’s appointments, medical bills, and calls from insurance adjusters. This is when having a Borough Park car accident lawyer becomes essential.
Insurance companies are not on your side. Their goal is to minimize what they pay. Adjusters are trained to ask questions that can hurt your case, such as getting you to downplay your injuries or accidentally admit partial fault. When you hire us, we handle all communications with insurance companies. They can’t contact you directly; they have to go through us. We know their tactics and won’t let them push you around.
Our role goes beyond shielding you from adjusters. We calculate the true value of your claim, which includes not just medical bills but also lost wages, future medical needs, and your pain and suffering. Most people who handle their own claims settle for far less than their case is worth because they don’t know how to value these damages.
How a Borough Park Car Accident Lawyer Builds Your Case
Building a strong case requires detailed investigation and evidence gathering. Our process includes:
- Obtaining the police report for the official record of the accident.
- Interviewing witnesses who can support your version of events.
- Working with accident reconstructionists to analyze physical evidence and prove how the crash occurred.
- Collecting all medical records and working with your doctors to document the full extent of your injuries and future needs.
- Proving liability by connecting the other driver’s negligence directly to your injuries.
- Negotiating a fair settlement with the insurance company based on solid evidence.
- Preparing for trial if the insurance company refuses to make a fair offer. We are experienced trial attorneys and are not afraid to take your case to court.
Dealing with Uninsured or Underinsured Drivers
What if the at-fault driver has no insurance or not enough to cover your damages? We can help. We turn to your own policy’s Supplementary Uninsured/Underinsured Motorist (SUM) coverage. You can file Uninsured Motorist Claims with your own insurer to cover the gap.
Even though it’s your own policy, your insurer may still try to deny or minimize your SUM claim. We know how to steer these claims and push back against unfair denials. We also explore all other avenues for compensation, such as pursuing the at-fault driver personally or identifying other liable parties, like an employer. We leave no stone unturned to get you compensated.
Understanding the Value of Your Car Accident Claim
One of the first questions after an accident is, “What is my case worth?” There’s no simple answer, as every case is unique. The value depends on the severity of your injuries, your long-term prognosis, the impact on your quality of life, and your financial losses.
As your Borough Park car accident lawyer, we work to calculate the true value of your claim by assessing two types of damages: economic and non-economic.
Types of Compensation You Can Recover
We fight to recover compensation for all the ways the accident has affected your life.
Economic damages are the measurable financial costs. This includes:
- All past and future medical bills (ER visits, surgery, physical therapy).
- Lost wages for time missed from work.
- Loss of earning capacity if you cannot return to your previous job.
- Property damage to your vehicle.
Non-economic damages compensate for the non-financial impact and are generally available if you meet New York’s “serious injury” threshold. This includes:
- Pain and suffering for your physical and emotional anguish.
- Emotional distress, such as anxiety, depression, or PTSD.
- Loss of enjoyment of life if you can no longer do things that brought you joy.
- Loss of consortium for the negative impact on your marital relationship.
In rare cases of extreme recklessness, punitive damages may be awarded to punish the wrongdoer.
Common Injuries Sustained in Borough Park Accidents
We handle cases involving a wide spectrum of injuries, from minor to life-altering.
- Brain Injury: Even a minor impact can cause a concussion, while severe crashes can lead to traumatic brain injuries (TBI) with lasting effects.
- Spinal Cord Injury: These devastating injuries can lead to paralysis and require lifelong care.
- Fractures: Broken bones are very common and can range from simple breaks to complex fractures requiring surgery and extensive rehabilitation.
- Soft tissue injuries: Whiplash, sprains, and strains might sound minor but can cause chronic pain and permanent limitations.
- Internal injuries: Damage to internal organs can be life-threatening and may not be immediately apparent, which is why seeking immediate medical attention is crucial.
- Catastrophic Injury: These are severe injuries that cause permanent disability, fundamentally changing your life.
Getting medical attention right away is vital for your health and for documenting your legal claim.
Frequently Asked Questions about Borough Park Car Accident Claims
After a car accident in Borough Park, you likely have many questions. Here are answers to some of the most common ones we hear.
How much does it cost to hire a car accident lawyer?
Hiring a car accident lawyer costs you nothing upfront. We work on a contingency fee basis, which is our “no win, no fee” promise. Our fee is a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing. We also offer a free initial consultation to discuss your case with no obligation.
What should I do immediately after a car accident in Borough Park?
The steps you take right after a crash can protect your health and your legal rights. Stay as calm as possible and follow these steps:
- Ensure Safety and Call 911: If possible, move your vehicle out of traffic. Call 911 to get police and medical help on the scene.
- Seek Medical Attention: Go to the hospital or see a doctor, even if you feel fine. Adrenaline can mask pain, and some serious injuries have delayed symptoms. This also creates a medical record linking your injuries to the crash.
- Document the Scene: If it’s safe, take photos of vehicle damage, skid marks, traffic signals, and your injuries. Get contact and insurance information from all drivers and contact details from any witnesses.
- Do Not Admit Fault: Stick to the facts when speaking with police. Avoid apologizing or saying anything that could be interpreted as admitting fault.
- Contact a Lawyer: Before speaking to any insurance adjuster, Contact Us. Adjusters want to settle your claim for as little as possible. We can handle those communications for you.
What if I was partially at fault for the accident?
This is a common concern, but it doesn’t prevent you from recovering compensation in New York. New York follows a pure comparative negligence rule. This means you can still recover damages even if you were partially at fault. Your total compensation is simply reduced by your percentage of fault. For example, if you are found 20% at fault for an accident with $100,000 in damages, you can still recover $80,000.
Insurance companies will try to shift as much blame onto you as possible to reduce their payout. As your Borough Park car accident lawyer, we fight back with strong evidence to minimize your assigned fault and maximize your recovery. Don’t assume you have no case; let us review the facts.
Get the Representation You Deserve
When you’ve been hurt in a car accident in Borough Park, you need someone who understands what you’re going through. The neighborhood’s heavy pedestrian traffic, double-parked vehicles, and sheer density create unique accident risks. When a crash happens here, the injuries can be life-altering.
Navigating New York’s no-fault system, meeting the “serious injury” threshold, and dealing with insurance companies is overwhelming while you’re trying to heal. This is why we do what we do. At Segal & Lax, we have over 75 years of combined experience helping New Yorkers. We know Borough Park’s streets and the specific challenges of accidents here. That local knowledge is a powerful asset in your case.
We provide serious, personalized representation. We will answer your calls, explain the process, and fight to get you every dollar you deserve. Our “no win, no fee” guarantee means you pay nothing unless we recover compensation for you. There is no financial risk.
If you or a loved one has been injured in a car accident in Borough Park, do not face this alone. The insurance companies have lawyers working against you; you deserve a dedicated advocate on your side. Contact Us today for a free, no-obligation consultation. Let us handle the legal fight while you focus on getting better. Learn more about our approach to Car Accidents and how we can help.