Queens Car Accident Injury Lawyer: 5 Essential Steps

Understanding Your Rights After a Queens Car Crash

If you’re searching for a queens car accident injury lawyer, you need immediate answers about your legal options. After a collision, it’s crucial to hire an attorney right away, especially if you’ve suffered serious injuries like fractures or conditions that disrupt your life for over 90 days. An attorney investigates the crash, gathers evidence, calculates your damages (medical bills, lost wages, pain and suffering), and negotiates with insurance companies on your behalf. They are essential when medical bills exceed your no-fault benefits and will file a lawsuit if a fair settlement isn’t offered, all while protecting you from New York’s three-year statute of limitations.

Queens is New York City’s largest borough, and unfortunately, it accounts for approximately 28% of all traffic accidents in NYC. In 2023 alone, Queens saw 24,330 crashes that injured 13,564 people and killed 80 others. These statistics highlight the dangers of navigating busy roads like the Long Island Expressway and Queens Boulevard.

The aftermath of a car accident can be overwhelming. You may face severe injuries, mounting medical bills, and lost income, all while dealing with insurance companies focused on their bottom line. New York’s no-fault insurance system adds another layer of complexity, requiring you to file with your own insurer first. However, if your injuries meet the state’s “serious injury threshold,” you can pursue additional compensation from the at-fault driver. Understanding these rules is key to a full recovery.

I’m Mark Segal, and as a queens car accident injury lawyer with over 75 years of combined experience at Segal & Lax, I’ve helped countless New Yorkers secure fair compensation. This guide will explain how to protect your rights after a crash.

The Sobering Reality: Queens Car Accident Statistics and Causes

Queens is not just NYC’s largest borough; it’s also one of its most dangerous for drivers. The sheer volume of vehicles creates a high risk for collisions.

The numbers are troubling. In 2023, Queens had 24,330 crashes, injuring 13,564 people and killing 80. That’s about 67 crashes daily. The borough consistently accounts for roughly 28% of all traffic accidents in New York City. These aren’t just statistics; they represent real people and families whose lives have been changed in an instant.

What causes these crashes? While each accident is unique, several patterns are common on Queens roadways.

• Distracted driving is a top cause. A moment’s glance at a phone or GPS can lead to a major collision in dense traffic.
• Impaired driving, whether from alcohol or drugs, severely compromises judgment and reaction time. New York’s legal BAC is 0.08%, but even lower levels can be dangerous.
• Failure to yield at busy intersections is a frequent cause of devastating side-impact collisions. Drivers who run red lights or ignore stop signs put everyone at risk.
• Speeding reduces reaction time and increases the violence of a crash, making it a significant danger on congested streets.
• Reckless driving behaviors like tailgating and aggressive lane changes often lead to collisions when emotions override good judgment.

Roadways like the Long Island Expressway (LIE) and Grand Central Parkway present their own challenges with heavy traffic and complex interchanges. The constant flow of vehicles, including commercial trucks, contributes to the high frequency of accidents.

If you were injured in a crash caused by someone else’s negligence, a queens car accident injury lawyer can help you understand your rights and fight for the compensation you deserve.

Your Immediate Post-Accident Checklist in Queens

The moments after a car accident in Queens are disorienting. Your actions can significantly impact your health and any future legal claim. Follow this checklist:

• Prioritize Safety: If possible, move your vehicle to the side of the road and turn on your hazard lights.
• Call 911: Immediately call 911 if anyone is injured or there is significant property damage. Police will create an official report, and EMTs can assess injuries.
• Seek Medical Attention: Some serious conditions, like whiplash or internal injuries, may not have immediate symptoms. A prompt medical evaluation creates a crucial record linking your injuries to the accident.
• File a Police Report: An official police report is invaluable evidence. You can often obtain your NYPD accident report online.
• Exchange Driver Information: Get the other driver’s name, contact info, insurance company, policy number, driver’s license number, and license plate.
• Document the Scene: If you can, take photos and videos of vehicle damage, their positions, skid marks, road conditions, traffic signals, and any visible injuries.
• Gather Witness Information: If anyone saw the accident, get their name and contact information. Their testimony can be crucial.
• Do Not Admit Fault: Avoid apologizing or admitting fault at the scene, as it could jeopardize your claim. Stick to the facts.
• Notify Your Insurer: Report the accident to your own insurance company promptly. Be factual and do not speculate on fault or injuries.
• Keep an Emergency Kit: We recommend a kit with your insurance card, registration, a pen and paper, a camera, a first-aid kit, flares, and your queens car accident injury lawyer‘s contact information.

Following these steps helps protect your health and legal rights after a car accident in Queens.

Navigating New York’s Complex Car Accident Laws

New York’s car accident laws can be confusing. Unlike in many other states, the process here is unique, which is why guidance from a queens car accident injury lawyer is so valuable.

New York’s no-fault insurance system requires you to file with your own insurance company first, regardless of who caused the crash. Your policy’s Personal Injury Protection (PIP) coverage provides up to $50,000 for your initial economic losses. This includes necessary medical bills, 80% of lost wages (up to $2,000/month), and up to $25 per day for other related expenses, like transportation to doctor’s appointments. The goal is to get you financial help quickly without waiting for a lengthy fault dispute.

But what happens when your costs exceed $50,000, or you need compensation for pain and suffering? This is where the “serious injury threshold” comes into play.

The “Serious Injury” Threshold

To sue the at-fault driver for damages beyond your PIP benefits, New York law requires you to prove you suffered a “serious injury” as defined by Insurance Law §5102(d). Your injury must fit into a specific legal category:

• Death
• Dismemberment
• Significant disfigurement (e.g., permanent scarring)
• A fracture (broken bone)
• 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
• The 90/180 day rule: A medically determined injury that prevents you from performing your usual daily activities for at least 90 of the 180 days following the accident.

Meeting this threshold allows you to seek compensation for all damages, including full lost income and pain and suffering. Our job is to build a case with medical evidence to prove your injuries meet this standard.

Comparative Negligence and Statutes of Limitation

Even if you were partially at fault for the accident, you can still recover compensation in New York. Under New York’s comparative fault rule, your compensation is simply reduced by your percentage of fault. If you are found 20% at fault for a $100,000 claim, you can still receive $80,000. An experienced lawyer works to minimize the fault attributed to you.

Finally, be aware of strict deadlines. New York’s statute of limitations generally gives you three years from the date of the accident to file a personal injury lawsuit. However, if a government entity is involved (like a city bus or poor road maintenance), you typically have only 90 days to file a Notice of Claim. Missing these deadlines can permanently bar you from recovering compensation, which is why it’s critical to contact an attorney as soon as possible.

Why You Need a Queens Car Accident Injury Lawyer

After a car accident in Queens, you might wonder if you really need a lawyer. The answer is almost always yes. Juggling recovery, medical bills, and insurance companies is overwhelming, but you don’t have to do it alone.

At Segal & Lax, our 75 years of combined experience and local knowledge of Queens make a significant difference. A local queens car accident injury lawyer understands the borough’s accident-prone roads, traffic patterns, and Queens courts. This insight is a powerful advantage in building your case.

Insurance companies are businesses focused on minimizing payouts. They may offer a lowball settlement, try to shift blame, or delay the process. We know these tactics and will handle all negotiations to protect your rights. Our goal is to maximize your settlement by calculating all your current and future damages.

While most cases settle, we provide full litigation support. If an insurer refuses to make a fair offer, we are prepared to take your case to trial to fight for the justice you deserve.

How a Queens Car Accident Injury Lawyer Proves Fault

Proving the other driver’s fault is essential. We build a strong case by:

• Gathering evidence: This includes police reports, scene photos, witness statements, and traffic camera footage.
• Working with professionals: Accident reconstructionists can analyze physical evidence to determine the sequence of events and establish responsibility.
• Proving negligence: We must show the other driver had a duty to drive safely, breached that duty, caused your injuries, and that you suffered actual damages as a result.

Calculating Your Compensation

We carefully calculate the full value of your claim, which includes both economic and non-economic damages.

Economic damages cover your financial losses:

• Medical Bills: All past, present, and future medical care related to the accident, including medical bills for therapy and prescriptions.
• Lost Wages: Income you’ve already lost and any reduction in your future earning capacity.
• Property Damage: Costs to repair or replace your vehicle.
• Other Expenses: Transportation to appointments or home modifications.

Non-economic damages compensate for non-monetary losses:

• Pain and Suffering: For the physical pain and emotional distress caused by your injuries.
• Emotional Distress: For trauma-related conditions like anxiety, depression, or PTSD.
• Loss of Enjoyment of Life: If injuries prevent you from participating in hobbies and activities.
• Loss of Consortium: For the impact on your relationship with your spouse or family.

Common Injuries and High-Risk Scenarios: Side-Impact Collisions

Not all car accidents are the same. Side-impact crashes, or T-bone accidents, are among the most dangerous on Queens roads. With little more than a door for protection, the force of impact can be devastating.

Common Injuries Sustained in Queens Car Accidents

The forces in a car crash, especially a side impact, can cause severe injuries.

• Whiplash: A violent jerking of the head and neck that can cause lasting pain.
• Traumatic Brain Injuries (TBI): Even without a direct head impact, the brain can be damaged. A concussion can be serious, and severe TBIs can affect memory, personality, and work ability. Northwestern University estimates the lifetime cost of a TBI can range from $85,000 to $3 million.
• Broken Bones: Fractured ribs, arms, legs, and pelvis are common, often requiring surgery and extensive rehabilitation.
• Spinal Cord Injuries: These can be life-altering, causing numbness, loss of function, or paralysis.
• Internal Organ Damage: The force of a side impact can damage lungs, the liver, or the spleen. Internal bleeding may not be immediately apparent, which is why seeking prompt medical attention is critical.
• Psychological Trauma: PTSD, anxiety, and depression are real consequences that can affect victims for years.

In the most tragic cases, families may need to file a wrongful death lawsuit to seek justice and compensation for their immense loss.

High-Risk Scenarios: Side-Impact Collisions in Queens

Understanding how these crashes happen is key to proving fault. Common causes include:

• Intersection Violations: Drivers who run red lights or ignore stop signs are a primary cause of T-bone collisions.
• Failure to Yield: Making a left turn without checking for oncoming traffic often leads to catastrophic side impacts.
• Driver Inattention: Distracted driving, impaired driving, and speeding reduce reaction times, making it impossible for a driver to stop in time.
• Other Factors: Sometimes, mechanical failures (like faulty brakes) or dangerous road conditions are to blame. These cases can involve complex product liability claims or claims against the city.

Recovering from a side-impact collision is challenging. A dedicated queens car accident injury lawyer is essential to steer the legal complexities while you focus on healing.

Frequently Asked Questions about Queens Car Accident Claims

After a car accident, you likely have many questions. Here are answers to the most common concerns we hear as a queens car accident injury lawyer firm.

How much does it cost to hire a Queens car accident injury lawyer?

Hiring our firm costs you nothing upfront. We work on a contingency fee basis, which means our fee is a percentage of the compensation we recover for you. We cover all upfront costs of building your case, from investigation to expert consultations. You pay nothing unless we win. This “no win, no fee” promise ensures everyone has access to quality legal help, regardless of their financial situation.

What is my car accident case worth?

Every case is unique, so there is no “average settlement” amount. The value of your case depends on several factors:

• The severity of your injuries: Catastrophic injuries like a spinal cord injury or TBI will result in a higher value than a minor fracture. The lifetime cost of a severe TBI can be immense, ranging from $85,000 to $3 million, according to Northwestern University.
• Total medical expenses: This includes all past and future medical bills related to your recovery.
• Lost wages and earning capacity: Compensation for income lost while you were unable to work, as well as any future loss of earning potential.
• Pain and suffering: The non-economic impact on your quality of life, including physical pain and emotional distress.
• Strength of evidence and available insurance coverage.

During a free consultation, we can provide a realistic assessment based on the specifics of your case.

Should I talk to the other driver’s insurance company?

Our advice is simple: No. Do not give a statement to the other driver’s insurance company without speaking to us first.

Insurance adjusters work for the insurance company, not for you. Their goal is to minimize the payout on your claim. They may ask for a recorded statement and use anything you say—even an innocent comment—against you to reduce your compensation or assign partial fault. They are also known for making lowball settlement offers before the full extent of your injuries and damages is known.

Once you hire a queens car accident injury lawyer, we handle all communications with insurance companies. If an adjuster calls, politely decline to speak and refer them to your attorney. Protecting your rights starts with protecting what you say.

Get the Help You Deserve After a Queens Car Accident

The aftermath of a car accident in Queens is overwhelming. You’re facing injuries, medical bills, and lost income while trying to steer a complex legal system. You shouldn’t have to face this alone.

New York’s no-fault laws, the “serious injury threshold,” and strict filing deadlines are difficult to manage while you’re trying to heal. Insurance adjusters are trained to settle your case for as little as possible. Your focus should be on your recovery; let us handle the legal fight.

At Segal & Lax, our dedicated queens car accident injury lawyers have over 75 years of combined experience helping New Yorkers. We know the local courts and how to counter insurance company tactics. We will investigate your crash, calculate the full value of your damages, and fight to secure the compensation you deserve.

Our “no win, no fee” promise means you pay nothing unless we win your case. There is no financial risk to you. We are as invested in your success as you are.

Let us handle the legal battle while you focus on what matters most: your health and your family. Contact us for a free consultation to discuss your car accident case today. We are ready to help you reclaim your life.