Personal Injury: Car Accidents

The New York City Police Department reported 148 motor vehicle fatalities through early August 2024. This is already up by 3.5% from the 2023 total of 143. ⁽¹⁾

A New York State Comptroller Report notes, “fatalities have grown even as the number of vehicle miles travelled, licensed drivers and traffic accidents in the State have declined.” The report puts the total traffic fatalities for New York State at 1,175 in 2022. Of those killed, 809 were vehicle occupants and 303 were pedestrians. ⁽²⁾

Traffic incidents are the source of thousands of personal injury lawsuits annually in the United States, for good reason. There are more people than ever on the roads, and not all of them are paying attention while driving, leaving a trail of fatalities, injured parties, and damaged property in their wake.

Deadly N.Y. Crash Statistics

Roughly 40,990 people died in motor vehicle traffic crashes nationwide in 2023, according to National Highway Traffic Safety Administration (NHTSA) estimates. New York state reported 1,111 of those deaths. ⁽³⁾

Texas had the most, with 4,294 crash deaths, followed by California with 4,013. ⁽⁴⁾

The Governors Highway Safety Association also reports U.S. pedestrians killed in motor vehicle crashes in 2023 totaled 7,318. ⁽⁵⁾ And the non-profit Insurance Institute for Highway Safety (IIHS) reports 1,084 cyclists killed in motor vehicle crashes in 2022. ⁽⁶⁾

Closer to home, in New York City, 18 bike riders were killed during the first half of 2023, says the non-profit Transportation Alternatives. ⁽⁷⁾

The reasons for the statistical spikes during certain periods are many — from lower gas prices to increasingly distracted drivers who seem more occupied with their cellphones, DVD players, coffee cups, and stereo systems than the steering wheel.

Driver Behavior Is Key

Regardless of the cause, thousands of drivers and passengers, pedestrians, cyclists, and motorcyclists in New York are injured annually because of the poor driving of others, inclement weather, driver fatigue, drunk driving, and especially excessive speeding.

A 2023 AAA survey report identifies drivers who self-report engaging in some sort of risky behavior behind the wheel. These included: ⁽⁸⁾

• 22.7% acknowledged speeding (driving 15 mph over the speed limit on a freeway and 10% over the speed limit in residential areas).
• 17.3% admitted to distracted and aggressive driving, including quickly switching lanes.
• 15% say they were only distracted while driving, mostly by texting.
• 1.3% admitted to driving while impaired.

AAA’s director of traffic safety advocacy says, “Many risky drivers in this study were classified into profiles that involved speeding behavior. Focusing on speeding drivers will deter other risky driving behaviors like impaired driving and red-light running. This traffic safety measure will have the greatest impact on safety.” ⁽⁹⁾

The New York City Comptroller noted, “The City’s speed and red-light camera programs reveal the scale of reckless driving in New York City: tens of thousands of drivers have accumulated over 15 speed or five red-light camera tickets within a one-year period.” ⁽¹⁰⁾

For those who have been injured in a car accident, the first step is clear. Detailed laws and guidelines apply with regard to seeking compensation for injuries, pain, and suffering or other losses sustained as the result of a car accident.

Obtaining Financial Compensation for You

For the best chance at earning a maximum insurance settlement or jury award, turn to Weitz & Luxenberg. The experienced lawyers at Weitz & Luxenberg — New York’s largest personal injury litigation firm — have been fighting for clients in civil courthouses for nearly four decades.

A Weitz & Luxenberg attorney can not only ensure that the injured parties receive all the insurance benefits to which they are entitled but also explore whether a personal injury lawsuit might be warranted in order to pursue other forms of compensation.

Qualified and experienced attorneys can make all the difference, especially when they have the heft of one of the city’s largest firms behind them. In many instances, the strength of a claim against the negligent driver’s insurance carrier will depend on how effectively an attorney can collect evidence, interview witnesses, and present information to support the claim that the other driver was at fault. If no agreeable settlement can be reached, a civil trial is often the next step.

Lawsuits for N.Y. Car Accident Injuries

Proving negligence on the part of the other driver is the key element in most cases; however, there are other forms of car related injury lawsuits. Sometimes, cases are filed as a result of a manufacturing defect (seatbelts, brakes, etc.) in the vehicle itself, or if the road design or traffic signs somehow contributed to the accident under question. If a death occurs as a result of a crash, a wrongful death case is a possibility, which could allow family members to seek compensation for lost wages, noneconomic damages, and punitive damages.

Examples of economic damages include costs to the client associated with past and future medical bills, lost wages as a result of an inability to work, and lost future wages because of permanent disability. Noneconomic damages can sometimes include compensation for pain and suffering, mental duress, and, if the actions of the defendant were unusually reckless, punitive damages.

The staff at Weitz & Luxenberg works on a contingency basis, so there are no legal fees until a financial settlement or jury verdict is awarded to its clients. If someone has been harmed in an auto accident, especially if other drivers were at fault, contact Weitz & Luxenberg for a free and confidential analysis regarding possible compensation at (833) 977-3437.