After a collision, if your vehicle is operable, pull over to the side of the road to avoid creating a hazardous condition on the road. 

Call 9-1-1 and obtain an accident report. The police report may be crucial to your personal injury claim.

Make sure your version of events is documented within the report and if certain corrections need to be made you can obtain an amended report.

Check yourself for injuries and check on the well-being of your passengers. If you’ve been injured, call 9-1-1 or ask another able body to do so. In the event you’ve been seriously injured, try not to move and wait for emergency services.

Take care of yourself and others as needed until help arrives however, do not attempt to perform any First Aid routines that you are not trained to perform, and don’t move an unconscious or immobile person unless absolutely necessary to save their life.

If you are in good condition after the accident, New York State law requires you to stay at the scene and exchange information with the driver or drivers involved in the crash.

You should collect as much relevant information as possible, such as information concerning the identity, address, phone number, insurance company, policy number, driver’s license number, plate number, model of the vehicle, and owner of the vehicle if it’s not the driver.

Throughout this process, it is important to remain calm and avoid saying or doing anything at the scene of an accident that may be used against you.

If there are any witnesses to the accident, consider exchanging information with them as well. Having more than yourself to attest to your version of the events may prove useful if the at-fault driver or their auto insurance company is refusing to cooperate.

Take photos or videos of the accident scene with your cell phone, and capture the damages caused to your vehicle, as well as its location in relation to other vehicles.

If there were witnesses to the accident, ask them for their names and phone numbers. Regardless of how well you feel after the accident, it is important to schedule an appointment with your primary care physician, they will be able to confirm your well-being:

Remember to do the following:

Get a copy of the police report. 

Obtain a copy of the police report which should be available a few days after the accident. Your insurer may ask for a copy of the report when you file a car insurance claim.

Take pictures.

Document the accident thoroughly by taking pictures of your vehicle from different angles, showing the damage done to both cars. Take pictures of the other car’s license plate. Share photos with your insurer during the claims process to help support your claim. 

Take down names. 

Write down the names and addresses of all parties involved, including any passengers in the other vehicle. Collect insurance information

Talk to witnesses. 

If there were any witnesses to the accident, take down their names and their contact information, as well.

Written notice of the accident must be given to your insurer within thirty days of the accident. Written notice may be done by simply informing the insurer in a letter that there was an accident at a certain time and place, you were injured, and you intend to file a claim. Any further details may be unnecessary.

You have 90 days to file with the Motor Vehicle Accident Indemnification Corporation (MVAIC). They handle claims in which the driver that is at fault does not have insurance.

A situation where one vehicle follows another vehicle too closely. In such a situation the trailing vehicle fails to give the driver that is leading ample time for stopping without risk of a collision.

According to VTL 1129(a) the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent. A driver must  have regard for the speed of other vehicles and the traffic condition of the highway.

In New York, a rule of thumb says you should leave at least two seconds of braking distance between yourself and the car you are trailing. Under poor road conditions, such braking time should be extended to three or four seconds.

When a driver fails to yield to another vehicle or person, they may be guilty of causing an accident by not following the right-of-way laws as outlined in the New York Vehicle and Traffic Law Code. The resulting accident may lead to driver or pedestrian personal injuries, or even wrongful deaths.

Governed by VTL 1160, improper turns are a leading cause of car accidents. Such turns represent negligent and reckless behavior. Following the rules of the road is important to protect yourself, as well as, the safety of all motorists, passengers, and pedestrians. When motorists fail to follow such rules, including proper turning, they place a greater risk of car accidents. If another driver’s negligence leaves you injured as a result of an illegal turn you may be entitled to compensation for your injuries and property damage. Schedule a free consultation and let’s start working on your case.

An improper changing of lanes is a form of reckless driving that may result in three points on your license and a calamitous motor vehicle accident that results in serious injury or death. In New York City, this unsafe practice leads to  thousands of accidents each year.

New York State’s VTL § 1128 holds that it is a traffic violation to change lanes unless the driver of the vehicle can safely do so. An unsafe lane change that causes a car crash may subject the driver responsible to civil penalties, as well as, liability for injuries and property damages that may result.

Failure to obey a traffic control device is one of New York’s most common causes of motor vehicular accidents. Such a violation applies to “all signs, signals, markings, and devices” (NY VTL 153) placed by the municipality to control traffic. For instance, a common scenario involves a driver who fails to yield to a Stop sign and T-bones another car that has the right of way. This violation can cost you a hefty fine and points on your license, insurance hikes and more importantly result in a serious car accident.

Drivers are required to obey traffic signals unless a law enforcement officer is directing traffic. Often, drivers disregard traffic signals because they are impatient, inattentive or simply reckless resulting in crashes due to their negligent behavior.

The number of drunk driving accidents in NYC (or driving while under the influence of a narcotic substance) is appalling. According to statistical records from the New York City police department, every month approximately 100 traffic accidents occur in New York City that involve alcohol alone.

Most civil cases are brought against the intoxicated driver, also in some circumstances, a law suit may also be filed against a negligent third party such as a bar that continued to serve alcohol to someone who was visibly drunk, they may be liable for an accident under “dram shop laws.”

In New York, if a drunk or impaired driver causes a car accident that injures another person, the driver may be charged with vehicular assault. Vehicular assault in the second degree is committed when a person causes a serious physical injury to another person as a result of driving a motor vehicle while intoxicated, impaired by drugs, or impaired by the combined influence of drugs or alcohol.

Drivers between the ages of 16 to 20 years old have a higher rate of involvement in fatal crashes than any other demographic. Driver inexperience is the primary factor for car accidents involving teenage drivers.  

VTL 1211 governs the limitations of backing up a motor vehicle. Similar to the vehicle traffic laws concerning changing lanes, backing up a motor vehicle is a movement that should only be performed when such a movement can be done safely without interfering with traffic.

 Most New York City drivers look behind them before backing up by turning around in their seats to make sure no vehicles or people are behind them. Some may glance into their rear-view mirror instead of turning around or look at their side-view and rear-view mirrors if they have difficulty twisting around enough to see clearly behind them.

Drivers who back up into another vehicle or individual can be cited for improper backing and possibly additional charges if they cause serious physical injury or aggravated damage.