Car accidents are one of the leading causes of serious injuries. Unfortunately, most people will experience a car accident at some point in their lives. If another driver’s negligence caused your injuries in a Brooklyn crash, our attorneys may be able to help.
To schedule a free case assessment with the Brooklyn car accident lawyers at The Carrion Law Firm, call (718) 841-0083 today.
How Common Are Car Accidents in Brooklyn?
New York City consistently ranks among the top U.S. cities for automobile accidents, and Brooklyn leads all boroughs in crash volume.
According to data from the New York Police Department (NYPD), there were 2,822 motor vehicle accidents in Brooklyn in September 2023 alone. Those accidents resulted in 1,545 injuries and five fatalities. This is just in a single month.
In 2022, the NYPD reported 28,553 total collisions in Brooklyn and 69 traffic-related deaths. These numbers reflect the serious risks associated with driving in this densely populated borough.
The high rate of accidents can be attributed to Brooklyn’s traffic conditions, which include a heavy mix of drivers, pedestrians, bicyclists, and commercial vehicles. Even seemingly minor crashes, such as rear-end collisions, can cause significant injuries like whiplash or long-term neck and back problems. These types of crashes often clearly establish fault, allowing victims to pursue strong claims for compensation.
What to Do After a Car Accident in Brooklyn
If you’ve been injured in an auto accident in Brooklyn, taking the right steps immediately afterward can significantly impact your ability to recover compensation.
Act Quickly
Time is of the essence. New York gives victims only three years to file a lawsuit for personal injury under C.V.P. Law § 214. The clock starts on the date of the accident. Missing this deadline can permanently bar your claim.
Delaying legal action can also make it harder to gather crucial evidence. Additionally, insurance companies may argue that your delay signals a lack of commitment to your recovery. Contacting our attorneys early allows us to begin investigating your case right away.
Compile Evidence
While your injuries may prevent you from collecting evidence yourself, our attorneys can handle most of the heavy lifting. Still, any documentation that you can provide will be helpful – things such as photos, video footage, medical bills, repair estimates, or communication with the insurance company.
We’ll work to secure additional evidence, including:
- Eyewitness statements
- Traffic or security camera footage
- Police reports
- Medical records
- Vehicle damage reports
The sooner you reach out, the better our chances of preserving and obtaining key evidence.
Getting Witness Statements
Eyewitness testimony is often a critical part of proving fault. If you’re able, get names and contact information from anyone who saw the accident. Our legal team can then follow up and collect formal statements to support your case.
Expert testimony can also play a vital role. Medical experts can speak to your recovery and long-term prognosis, while accident reconstructionists or mechanical experts can provide insights into how the crash occurred. Additionally, statements from friends or family can help document your pain, suffering, and reduced quality of life.
Keep Calm
Car accident victims often feel frustrated, especially when dealing with difficult insurers or negligent drivers. However, it’s important to remain calm and avoid direct communication with the other parties. Let your attorneys handle all discussions. Anything you say could potentially be used against you.
What Compensation is Available After a Brooklyn Car Accident?
New York’s no-fault insurance rules can make recovering damages complex. All drivers must carry Personal Injury Protection (PIP), which covers basic medical expenses and lost wages regardless of who caused the crash. However, PIP coverage often only pays a percentage of your losses, does not cover pain and suffering, and may be inadequate in cases where you suffered a serious injury or required surgery, etc.
If your injuries meet New York’s “serious injury” threshold, you may be eligible to file a lawsuit and recover damages beyond what PIP allows.
Filing a lawsuit can provide compensation for:
- Full Medical Expenses
- Lost Wages and Reduced Earning Capacity
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment of Life
Our attorneys can help you determine whether filing a lawsuit will provide a better path to full compensation than a standard insurance claim.
What is the “Serious Injury Threshold” in New York?
To step outside the no-fault system and file a lawsuit for non-economic damages like pain and suffering, your injury must meet New York’s legal definition of “serious injury” under I.S.C. Law § 5102(d). Typically, these types of injuries must prevent you from performing your everyday activities for at least 90 out of the 180 days immediately following your accident. Think of injures such as an amputation, broken bones, dismemberment, an injury that affects the function of an organ or bodily system. Any injury that would require a medium-term hospital stay or surgery could qualify. Death also qualifies.
We’ll review your medical records, consult with experts, and present the necessary evidence to demonstrate that your injuries meet this threshold.
Proving Fault in a Brooklyn Car Accident
To succeed in a personal injury lawsuit, you must prove the following four elements:
- Duty: The other driver owed you a legal duty to drive safely.
- Breach: They violated that duty through negligence or misconduct.
- Causation: Their actions directly caused the accident.
- Damages: You suffered actual harm as a result.
We can investigate and build your case by:
- Investigating the crash site,
- Preserving surveillance footage,
- Analyzing vehicle damage,
- Interviewing witnesses,
- Consulting accident reconstruction experts,
- Collecting comprehensive medical records.
Time-sensitive evidence, such as camera footage, can disappear quickly, so acting fast is critical. We also issue preservation letters to prevent destruction of evidence.
New York’s Pure Comparative Fault Rule
New York follows a pure comparative fault system. This means that even if you were partially to blame for the accident, you can still recover damages, although your award will be reduced by your percentage of fault.
For example, if you’re awarded $100,000 but are found to be 30% at fault, your recovery would be reduced to $70,000. Even if you are 99% at fault, you could still recover 1% of your damages.
Settlement vs. Trial in a Car Accident Case
Many car accident cases settle out of court, and settlement can offer a quicker, less expensive resolution. However, insurance companies often offer settlements that don’t reflect the full value of a victim’s claim.
If a settlement offer is too low, our attorneys can negotiate for a better result or take the case to trial. Trials can offer the opportunity to recover full compensation but come with the risk of a lower or no award. We help clients assess the strength of their case and weigh the risks and benefits of both paths.
What is the Average Car Accident Settlement in Brooklyn?
There’s no universal “average” settlement for car accident injuries. Because each case is different, so is the compensation available to each victim. Generally, the value of a case depends on several factors:
The Severity of Your Injuries
The severity of your injury will play a significant role in your medical bills, recovery, and expenses. The settlement for a broken arm would be substantially lower than an award if you were paralyzed due to a spinal injury.
Fault
Who caused the crash will also impact a settlement award. In New York, your potential damages may be reduced by your percentage of fault. Therefore, if you were mostly to blame for an accident, even a large financial award would be drastically reduced.
Insurance Policies
The insurance an at-fault driver has will also impact your settlement. Policy limits will govern how much an insurance company is willing to and can payout. The best thing you could do to maximize your potential settlement is to work with our experienced attorneys who have handled a wide range of car crash injury cases.
Working with experienced attorney is the best way to help your settlement reflect the full scope of your losses.
Filing a Lawsuit for a Car Accident in Brooklyn
To get adequate compensation for your injuries, you might have to file a lawsuit. Generally, you can file a lawsuit for an accident if you suffered a qualifying “serious injury,” and someone else’s negligence caused the crash.
Because New York is a no-fault state, your own PIP insurance will be the first source of compensation. However, PIP does not cover non-economic damages. Filing a lawsuit is the only way to pursue those additional damages.
Our attorneys will analyze your case, review your medical records, and gather expert statements to determine your eligibility to sue and maximize your compensation.
How Long Do You Have to File a Car Accident Lawsuit in Brooklyn?
Under C.V.P. Law § 214, most car accident victims in Brooklyn have three years from the date of the accident to file a personal injury lawsuit. If the claim involves a government entity (such as a city-owned vehicle), the timeline may be even shorter, sometimes requiring notice within 90 days.
Delays can make it harder to find witnesses, obtain evidence, track your medical care, and prove causation. Contact us as soon as possible so we can begin protecting your rights.
Car Accident Case Referrals
Our attorneys frequently handle referrals under two common scenarios:
Referrals from Attorneys in Other Practice Areas
Rather than risk taking on a complex case outside of your field, you can confidently refer victims to our Brooklyn personal injury team.
Referrals from Out-of-State Attorneys
Attorneys from outside New York often need local counsel to handle crashes that occurred in Brooklyn. Because Plaintiff’s injury cases must be filed in the jurisdiction where the accident took place, we regularly accept out-of-state referrals and collaborate with referring counsel.
Contact Our Brooklyn Car Accident Lawyers Today
If you or a loved one was seriously injured in a Brooklyn car accident, don’t wait. The Carrion Law Firm offers free case assessments to help you understand your rights and legal options.
Call us today at (718) 841-0083 to speak with a Brooklyn car accident attorney.