Wherever your accident happened—from major highways to local roads—our team is ready to help. Contact Segal & Lax for a free consultation. We will evaluate your case, explain your legal rights, and aggressively pursue the full compensation you deserve.

What If I Was Partially at Fault for My Car Accident?

Many Queens drivers worry they can’t recover damages if they share some responsibility for an accident. The good news: under New York’s comparative negligence law, you can still seek compensation—even if you were partly at fault.

Here’s how it works:

• Your compensation is reduced by your percentage of fault.
• For example, if you’re found 25% responsible, you can still recover 75% of your total damages.

Insurance companies love to play up your share of fault to save money—but Segal & Lax knows how to push back. We analyze crash details, review police reports, and work with accident reconstruction experts to make sure blame isn’t unfairly assigned to you. Even if you think you may have contributed to the crash, don’t let that stop you from seeking help—our Queens car accident lawyers are here to fight for your best possible recovery.

Can You Recover Damages If You Were Partially at Fault?

Yes—even if you were partly to blame for the accident, you may still be entitled to compensation. Under New York’s “pure comparative negligence” law, your recovery isn’t automatically barred just because you share some fault. Instead, any compensation you receive will be reduced by your percentage of responsibility.

For example, if you’re found to be 20% at fault, your settlement or verdict will be reduced by that amount. This means, even if multiple parties contributed to the crash, you can still pursue damages for your injuries and losses. Insurance companies will often try to shift blame your way to minimize payouts, so having skilled legal representation is key to ensuring your side of the story is heard and your rights are fully protected.

Should You Talk to the Other Driver’s Insurance Company?

We strongly recommend that you do not speak directly to the other driver’s insurance company after an accident. Insurance adjusters are trained to protect their company’s bottom line and may use your statements to minimize your claim or pressure you into accepting a low settlement.

Instead, let your attorney handle all communications. This protects your rights and ensures any information shared is in your best interest. If you’re contacted by the insurance company, simply refer them to Segal & Lax. We’ll manage the process so you can focus on your recovery—worry-free.

What if the other driver doesn’t have insurance?

Even if the other driver is uninsured or doesn’t have enough coverage, you still have options. In New York, every driver is required to carry Uninsured Motorist (UM) coverage. This means your own insurance can step in to help cover your injuries if the person who hit you doesn’t have insurance.

You might also have Supplementary Uninsured/Underinsured Motorist (SUM) coverage as part of your policy, which can provide extra protection in these situations.

If you’re feeling lost about your coverage or what steps to take, don’t worry—you don’t have to figure it out alone. A dedicated attorney can review your policy, find any additional options, and help make sure you’re not left paying out of pocket.

Should You Talk to the Other Driver’s Insurance Company?

Absolutely not! You shouldn’t speak with the other driver’s insurance company before consulting your own attorney. Their representatives may seem friendly or helpful, but their true goal is to minimize payouts. Something as simple as an offhand comment can end up being twisted and used against you later.

Let your lawyer handle all communication with the other side’s insurer. That way, you’re protected right from the start—just like how I felt protected and cared for throughout my own experience.

What if the other driver isn’t insured?

If you’re hit by a driver who doesn’t have car insurance, don’t panic. This happens more often than you’d think—and there are still ways to get help. If you carry uninsured motorist coverage through your own insurance policy (many people do, often without realizing it), your insurer can step in to cover your costs for medical bills, damages, or even lost wages. If you don’t have this coverage, you still may have options depending on your situation. Every case is unique, so it’s important to act quickly, document everything, and talk to a lawyer you trust.

How Long Do You Have to File a Car Accident Claim in New York?

Timing is critical after a car accident. In New York, you generally have three years from the date of the crash to file a personal injury lawsuit. This is known as the statute of limitations.

However, there are exceptions:

• Claims Against Municipalities: If your accident involved a city vehicle (such as an NYPD car, MTA bus, or sanitation truck), strict notice deadlines may apply. For example, you often must file a Notice of Claim within 90 days.
• Wrongful Death Claims: In tragic cases involving a fatality, the deadline is typically two years from the date of death.

Missing these deadlines can mean losing your right to compensation. To protect your case and ensure every legal requirement is met, contact Segal & Lax as soon as possible after your accident. We’re here to guide you every step of the way.

Understanding New York’s Statute of Limitations for Car Accident Claims

Timing is crucial after a car accident in Queens. In New York, the law generally gives you three years from the date of your accident to file a personal injury lawsuit. However, if your case involves a wrongful death, the window to file is only two years from the date of passing. Claims against a city agency or the State of New York come with even tighter deadlines—these typically require a Notice of Claim to be filed within just 90 days.

Missing these deadlines can mean giving up your right to compensation, no matter how strong your case may be. To protect your rights and ensure compliance with all legal timeframes, reach out to Segal & Lax as soon as possible after your accident.

Accident Reconstruction: Proving How the Crash Happened

In cases where fault is unclear or disputed, Segal & Lax leverages highly respected accident reconstruction professionals. These experts carefully analyze physical evidence—like vehicle damage, skid marks, debris, and surveillance video—often using advanced technology to recreate the events moment by moment. Their scientific approach uncovers exactly how and why the crash occurred, making it easier to show who was responsible.

By providing clear illustrations and comprehensive reports, accident reconstruction specialists can make a powerful impact in negotiations with insurance companies and in court. Their findings often tip the scales in favor of victims, especially when the other side tries to shift blame or deny responsibility.

What Makes Traffic in Flushing So Hazardous?

Flushing stands out as one of Queens’ busiest—and sometimes most hazardous—neighborhoods for drivers and pedestrians alike. But what exactly ramps up the risks on these crowded streets?

Several factors combine to make everyday traffic in Flushing especially challenging:

• High pedestrian volume. With popular community hubs like the Queens Library attracting students and families, and key government offices nearby, foot traffic is constantly heavy. More pedestrians mean more opportunities for risky interactions with vehicles.
• Congested roadways. Delivery trucks, city buses, rideshare vehicles, and private cars all compete for space—especially during peak hours. The flow of USPS and other delivery vehicles can quickly clog narrow streets and busy intersections.
• Frequent double-parking. With limited parking and high demand, it’s common to see cars double-parked near busy businesses or schools. This forces other drivers to weave around obstacles, increasing the odds of sideswipes and rear-end collisions.
• Inexperienced or distracted drivers. Many drivers in Flushing are navigating unfamiliar routes—or distracted by searching for street parking, reading street signs, or juggling phone GPS instructions.

Add in frequent stops, unpredictable crossing pedestrians, and the non-stop hustle of neighborhood events, and you’ve got a recipe for elevated accident risks.

Whether you were hurt crossing Main Street or rear-ended during rush hour, Segal & Lax knows the local landscape—and how to help you pursue the recovery you deserve.

Example of a Notable Verdict in a Queens Car Accident Case

To understand the impact a successful car accident case can have, consider the following real example from Queens:

A 43-year-old sanitation worker tragically lost his life while on the job at a city garage in Maspeth after being struck by a fellow coworker’s street sweeper. The case highlighted not just the devastating personal loss suffered by the victim’s family—including his wife and four children—but also the serious consequences of negligence on New York City’s roadways and worksites.

The family brought a lawsuit against the City of New York, claiming negligence and unsafe operation of municipal vehicles. At trial, attorneys emphasized the profound emotional and financial toll the loss took on the family, presenting evidence of both immediate and future hardships.

The jury ultimately returned a landmark verdict of $41.5 million for the family, reflecting:

• Compensation for pain and suffering
• Past and future loss of parental guidance and financial support

This outcome remains one of the largest verdicts ever handed down in a Queens motor vehicle accident case. It stands as a powerful reminder that with strong legal advocacy, families affected by negligence can achieve meaningful justice and financial protection for the future.