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Did you know that distracted driving is one of the leading causes of car crashes in NYC? According to the New York City Department of Health and Mental Hygiene’s Epi Data Brief No. 87 for 2015, 19 percent of NYC drivers 18 years and older texted or emailed while driving. Distracted driving has led to increasingly severe accidents and complex legal cases.

Living in a bustling city like New York means dealing with distracted drivers is an unfortunate reality. Between delivery vehicles rushing to meet deadlines, taxi drivers, or rideshare drivers checking their apps, and everyday commuters multitasking behind the wheel, the risks continue to grow.

This comprehensive guide examines how New York’s distracted driving laws influence accident claims, legal consequences, insurance coverage, and the compensation you may be entitled to receive.

How Compensation Works in NYC Car Accident Cases

New York uses a “no-fault” insurance system. This means your insurance provider will offer initial coverage for medical costs and lost pay regardless of who caused the accident. If distracted driving causes significant injuries, you may be eligible for further compensation.

What is compensation?

Compensation, also known as compensatory damages, is the money a victim receives after filing a car accident claim. Compensatory damages help injured victims recover losses after a car accident. These damages include both present losses and future costs associated with your injury.

Can anyone get compensation after a car accident?

Receiving compensation for accidents that happened because of distracted driving is not as easy as some may think. Key factors come into play.

Firstly, insurance companies must examine a variety of criteria when determining compensation, including:

• The severity of the injuries experienced
• The impact on your capacity to work
• The overall effect on your quality of life

The presence of distracted driving often strengthens claims for additional compensation.

What is negligence in a car accident claim?

With distracted driving cases, as with any other car accident case, you have to prove that the other driver was negligent.

An experienced lawyer can help you gather evidence to prove the distracted driver was doing things such as the following:

• Texting
• Eating
• Grooming
• Watching a video

How Distracted Driving Impacts Compensation

The link between driver conduct and settlements for damage is important in distracted driving cases. Insurance companies and courts view accidents caused by distracted driving as serious forms of negligence that could have been avoided. This often leads to higher compensation payments for injured victims.

Strong evidence can support a distracted driving injury claim and increase the chances of maximum compensation. Key types of evidence include:

• Cell phone records can prove the at-fault driver was texting or calling at the time of the crash
• Witness statements provide firsthand accounts of distracted driving behavior
• Medical records show the full extent of injuries and link them to the accident
• Injury documentation strengthens the argument for fair compensation
• Psychological impact and trauma can influence non-economic damage awards

When combined, this evidence builds a compelling case for holding distracted drivers accountable.

Types of Damages in NYC Car Accident Cases

Personal injury damages are the financial compensation awarded to injured car accident victims.

These damages are broken up into 3 categories:

1. Economic damages
2. Non-economic damages
3. Punitive damages

Economic damages in a personal injury claim

Medical expenses form a significant portion of economic damages in distracted driving accident cases.

Medical costs may include:

• Emergency treatment
• Hospital stays
• Surgeries
• Rehabilitation services
• Ongoing care needs

Lost wages are another major component of economic damage. When serious injuries prevent you from working, you deserve compensation for lost income and benefits.

Loss of future earning capacity is another loss your accident attorney can help calculate. This is an important consideration, especially in cases involving permanent disabilities or limitations.

Property damage claims cover vehicle repairs or replacement and any personal property damaged in the crash. Additional economic damages may include transportation costs and home modifications.

Non-economic damages in a personal injury claim

Non-economic damages compensate for the physical pain and emotional toll of an injury. These losses, while not tied to specific financial costs, can significantly impact a victim’s quality of life.

Some examples of non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Psychological harm
• Personal testimonies and evaluations

While harder to quantify, non-economic damages are essential for securing fair compensation.

Distracted Driving Laws in New York City

New York City takes distracted driving seriously, with strict laws designed to protect everyone on the road. According to the New York State Governor’s Traffic Safety Committee, drivers are prohibited from using portable electronic devices behind the wheel. Violating this law can result in serious penalties.

Cell phone usage laws in NYC

Using a cell phone is one of the most common causes of a distracted driving accident. New York maintains strict laws regarding cell phone use while driving. Section 1225-C of the Vehicle & Traffic Law makes it illegal to use a mobile phone while driving a car unless you’re using a hands-free device.

Here’s a simple breakdown of what this means:

• You can’t hold your phone to your ear or make calls while driving, even if you’re stopped in traffic
• Holding the phone to your ear or dialing by pressing more than one button counts as using the phone
• Fines for breaking the law range in cost greatly for a first offense and repeat violations within a certain time period
• Commercial drivers are prohibited from using hand-held phones while on the road, even when stopped in traffic

There are a few exceptions to the law. You are allowed to use your phone in emergencies to contact police, fire, or medical services. Public safety officers, like police officers, can use their phones while on duty.

In-vehicle distractions

NYC traffic laws don’t just talk about cell phones – it covers any portable electronic device. Section 1225-d of the New York law discusses the restrictions on using portable electronic devices while driving.

Restricted devices include:

• Personal Digital Assistants (PDAs)
• Hand-held devices with mobile data access (like tablets)
• Laptops
• Pagers
• Broadband communication devices
• Two-way messaging devices
• Electronic games
• Portable computing devices

Basically, it refers to any device that you can use to send, receive, write, or read text for communication purposes – whether it’s a message, email, or other form of text.

Today’s vehicles come with advanced infotainment systems and displays that can easily take a driver’s attention off the road. Whether it’s programming navigation, changing the climate controls, or browsing music, these actions create dangerous distractions. To stay safe, drivers should set up everything before hitting the road and rely on voice commands whenever possible.

Other common distractions

Children and passengers can create significant distractions for drivers. Attempting to manage passenger behavior or retrieve dropped items while driving demonstrates poor judgment that endangers others. These distractions frequently contribute to serious motor vehicle accidents.

Eating and drinking can also lead to distracted driving accidents. Spills or dropped items can trigger sudden reactions that lead to crashes. Evidence of food containers or beverage spills often helps establish distracted driving as a cause.

New York’s Section 1227 bans drinking alcohol or using cannabis, as well as having open alcohol containers in vehicles on public roads. Drivers and passengers who break this rule can get a traffic ticket. However, passengers in certain vehicles with special permits are allowed to drink or have open containers.

Punitive Damages in New York City

Section 70-A of New York’s Civil Practice Law and Rules addresses the recovery of damages, like punitive damages. Punitive damages are a type of compensation awarded in addition to regular damages in a lawsuit. They are intended to punish a defendant for particularly harmful, reckless, or malicious conduct.

When Are Punitive Damages Available?

Punitive damages may be available in circumstances involving extremely excessive distracted driving behavior. These additional damages serve to punish, especially serious reckless driving conduct and deter similar reckless behavior by others.

An experienced car accident lawyer can help you gather evidence proving the following:

• The distracted driver’s willful negligence
• The driver’s conscious disregard for safety
• The driver’s history of dangerous behavior

Building a Strong Distracted Driving Case

After an accident, gathering evidence quickly and thoroughly is essential for building a strong case. Taking immediate action protects your legal rights and supports your claim.

It is important to do the following:

• Take photos of the accident scene, vehicle damage, and any visible injuries
• Collect witness contact information before memories fade
• Get a copy of the police report
• Work with a personal injury lawyer

Contacting an experienced car accident attorney early ensures that all necessary evidence is properly collected and preserved, helping you pursue the compensation you deserve.

Contact an NYC Car Accident Lawyer Today

Don’t let a distracted driving injury interrupt your life and cause serious injuries. The experienced personal injury attorneys here at Hill & Moin LLP are here to help accident victims understand the legal process and fight for the best possible outcome.

With years of experience backing us up, we have helped secure millions of dollars in compensation for injured New Yorkers. We focus on providing excellent service and strong legal representation to every client.

If you’ve been injured in a car accident, don’t hesitate to get help. Contact a New York City car accident lawyer at Hill & Moin for a free consultation. Our experienced personal injury attorneys will evaluate your personal injury case and explain how we can assist you. Let us put our Personal Injury Recovery Solutions® to work for you and fight for the compensation you deserve.

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In years past, New York State has reported over 1 million injury-related emergency room visits annually in recent years. Suffering a personal injury in New York City presents unique challenges that can impact your ability to secure fair compensation.

The city’s complex legal landscape creates a minefield of potential missteps for injury victims. Even a seemingly minor error can have serious consequences. Avoiding these common mistakes can protect your rights and maximize your recovery.

The high stakes involved in NYC personal injury cases make it essential to approach the claims process with caution and care. By understanding the pitfalls and taking proactive steps to build a strong case, you can position yourself for success.

Why Are Personal Injury Cases in New York Challenging?

New York City’s laws and regulations on personal injury cases can be difficult to navigate without experienced legal guidance.

New York is a no-fault state

No-fault insurance means that if you are injured in a car accident, your insurance pays for your losses – no matter who caused the crash. This is also called Personal Injury Protection (PIP) and is required for all registered vehicles in New York.

Here are some rules under New York’s no-fault system:

• Your own insurance company covers medical expenses, economic losses, and death benefits up to a certain limit
• Your injuries must meet the state’s “serious injury” threshold before you can step outside the no-fault system and pursue a claim against the at-fault party
• Specific filing deadlines and procedural requirements apply

How PIP and a claim work together

In New York, Personal Injury Protection (PIP) ensures that accident victims receive immediate medical coverage and lost wages, regardless of fault. However, if your injuries are severe or your costs exceed PIP limits, you may need to pursue a personal injury claim against the at-fault driver.

The law states the following rules:

• You must use your PIP benefits first before seeking compensation from the at-fault driver
• You can file a lawsuit if your damages exceed PIP limits (e.g., medical bills over $50,000 or serious injuries)
• You may seek compensation for pain and suffering through a lawsuit, as PIP does not cover non-economic damages

Why Prompt Medical Care Matters for Your Health and Personal Injury Case

One of the most common and consequential mistakes personal injury victims make is delaying or forgoing medical care after an accident. However, many serious conditions may not present obvious symptoms right away.

Getting prompt medical attention is vital for several reasons:

• A prompt diagnosis helps doctors catch issues early, improving your recovery and long-term health
• Immediate medical records create a clear link between your injuries and the accident, making it easier to prove your claim
• Waiting too long can weaken your case, as insurance companies may argue your injuries are unrelated to the accident

Remember, insurers may also point to gaps in treatment to justify lowball settlement offers. To protect your health and your right to fair compensation, seek medical attention as soon as possible after an injury. Be sure to follow your doctor’s recommendations regularly.

Evidence Collection Mistakes to Avoid

In the chaos following an accident, it’s easy to overlook the importance of gathering evidence. The quality of the documents you collect can make or break your personal injury claim.

To create a strong foundation for your personal injury claim, focus on the following:

• Take extensive photos of the accident scene, your injuries, and any property damage
• Get contact information for witnesses who can corroborate your version of events
• File a detailed accident report with the appropriate authorities
• Keep a personal log of how the injury impacts your daily life, including missed work, medical appointments, and pain levels

It can be tempting to rely on the police or insurance companies to collect evidence, but it’s better to be as hands-on as possible. This can be difficult when you’re unfamiliar with the law or struggling with injuries. That is why we recommend working with an experienced personal injury lawyer who will keep a close eye on the evidence gathering and ensure nothing falls through the cracks.

Don’t Fall for the Insurance Company Interview Trap

After reporting an accident to the relevant insurers, you will likely be contacted by an insurance adjuster. He or she may request a recorded statement about what happened, which may seem like a routine part of the claims process. However, providing a recorded statement without first consulting a personal injury attorney can be a costly mistake.

Insurance adjusters are trained to ask questions to get you to:

• Downplay the severity of your injuries
• Admit fault or apologize for the accident
• Make statements that contradict your official accident report or medical records
• Discuss pre-existing conditions or prior injuries without proper context

To protect yourself, politely decline any requests for a recorded statement and instead direct all communication through your personal injury attorney. Your lawyer can help you prepare for these conversations and negotiate with insurers on your behalf.

Why Quick Settlement Offers Are Often a Red Flag

In the aftermath of a serious injury, the financial pressures can be immense. All the losses an injured victim faces can make a quick settlement look like the best option. However, a quick settlement might not be enough to cover your losses.

On top of your immediate expenses, you might need compensation for:

• Future medical treatment, rehabilitation, and therapy
• Modifications to your home or vehicle to accommodate a disability
• Lost earning potential and diminished quality of life
• Ongoing pain, suffering, and emotional distress

Once you accept a settlement offer, you typically waive your right to pursue further compensation. That means even if your condition worsens or new injury-related expenses arise, the case is over. It’s vital to work with an experienced personal injury attorney who can help you assess the full value of your personal injury claim.

The Importance of Keeping Your Case Off Social Media

In today’s digital age, social media has become a part of daily life. However, for personal injury victims, social media activity can have serious unintended consequences. Your actions could undermine the credibility and value of your personal injury claim. Even seemingly innocent posts, like travel or daily life updates, can be used against you.

These posts can be taken out of context and used to argue that your injuries are not as severe as claimed. The insurer or defense attorney could even claim that you have made a faster recovery than you are reporting.

To protect the integrity of your personal injury case:

• Avoid posting about the accident, your injuries, or the legal proceedings
• Be mindful of the privacy settings on your accounts and limit public access to your profiles
• Ask friends and family members to refrain from tagging you in posts or discussing your accident online
• Consider suspending your social media activity altogether until your case is resolved

Remember, even if you haven’t done anything wrong, any inconsistency between your social media and your claimed injuries can make insurance adjusters and juries doubt your case.

NYC Personal Injury Time Limits and Legal Deadlines

Every personal injury case is subject to strict time limits, known as statutes of limitations. This statute lets you know how long you have to file a personal injury lawsuit. In New York, the statute of limitations may differ.

Here are some examples of personal injury cases that have differing deadlines:

• Slip-and-fall accidents
• Car accidents
• Product liability
• Medical malpractice

Acting quickly to protect your legal rights is crucial. Building a strong personal injury case takes time. The longer you wait, the more difficult it may become to gather evidence and connect your injuries to the accident. To ensure that your rights are protected, consult a knowledgeable personal injury attorney as soon as possible after your accident.

Contact an NYC Attorney and Protect Your Right to Compensation

Suffering a personal injury in New York City can be a life-altering experience, impacting your health, finances, and future. By being aware of the common mistakes that can jeopardize your personal injury claim, you can position yourself for a successful recovery.

Remember, the insurance companies and at-fault parties have teams of lawyers working to minimize their liability and limit your compensation. You need a strong advocate in your corner who will fight for your interests.

Learn how Hill & Moin’s Personal Injury Recovery SolutionsⓇ can help you move forward after an accident. Contact the experienced personal injury attorneys at Hill & Moin today to schedule a free consultation. Don’t wonder about your rights. Call us or fill out our online contact form to talk to a firm with 60 years of trial experience and confidence. 

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Francine Kaley, a Brooklyn native with a love for roller skating and gardening, found her life upended one August when she tripped and fell in her apartment building, injuring her knee. The accident left her in constant pain and with an uncertain future. Determined to seek justice, Francine turned to the law office of Hill & Moin, LLP after finding them online. She was drawn to their reputation as a female-led firm and felt confident that they could help her navigate the legal complexities of her case.

Upon meeting with the attorneys at Hill & Moin, Francine was impressed by their professionalism and personal approach. They took the time to listen to her concerns, clearly outlined the next steps, and worked with her to develop a plan of action for her case. The communication throughout the process was exceptional, and Francine always felt supported and informed at every stage. Thanks to the firm’s dedication and hard work, she ultimately received a $350,000 settlement for her injuries.

Now, with her settlement in hand, Francine plans to use the funds to pay off her mortgage and care for her mother. Reflecting on her experience with Hill & Moin, she gave the firm a glowing 5-star review, praising the attorneys and staff for their unwavering support and excellent communication. For Francine, the legal team not only helped her secure compensation but also provided the peace of mind she needed to move forward with her life.

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Life can change in an instant, and for one man, it changed while he was doing something as routine as climbing a ladder on the job as a gardener. While shaping up a tree as part of his work routine, he fell from a ladder, sustaining a back injury that ultimately required screws to stabilize his spine. Would he be able to return to work? How would he make ends meet? What would life look like after such a traumatic injury? The answers to these questions weren’t clear, and he found himself needing the support of a skilled attorney to navigate the complexities of a personal injury case. After hearing great things from other attorneys, he decided to contact Hill & Moin.

From the first consultation, he was impressed by the professionalism and compassion of the staff. Hill & Moin not only handled his case expertly but also supported him through every step of his recovery. The team assisted with scheduling appointments and ensured he had everything he needed, providing peace of mind during a very stressful time.

When it came time for the legal proceedings, Hill & Moin’s efforts paid off. The settlement they secured for him was far greater than he had ever hoped. He was grateful for how the attorneys fought for his best interests, ensuring that he received a settlement that would truly help him move forward with his life.

When asked how he would rate his experience with Hill & Moin out of five stars, Ventura didn’t hesitate. “Five,” he said. “And more if I could.” He was beyond impressed with not only the outcome of his case but also the level of care and attention he received throughout the entire process. It was clear that Hill & Moin had earned his complete trust and gratitude.

The settlement of the case gave him the financial freedom he needed to start thinking about the next chapter of his life. After much thought, he is considering moving back to Guatemala to buy a house. For him, it wasn’t just about financial compensation, it was about finding a fresh start and a way to rebuild after the trauma of his work injury and recent family deaths. We’re honored to have been a part of his journey and wish him all the best as he begins the next chapter of his life in Guatemala.

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Aleksandr S. was in Brooklyn where he worked as a welder when an unfortunate workplace accident happened on the job resulting in painful head and facial injuries. Aleksandr S. was rushed off to the nearest hospital where he received stitches. Still in pain, Alexander S. knew he deserved more his injuries and that is when he got in touch with dedicated legal team at Hill & Moin, LLP.

When reviewing his experience at Hill & Moin, Aleksandr S. explained that he found it great and appreciated how steadfast and determined the attorneys were in ensuring that he received excellent legal representation. When the case was settled, Aleksandr was awarded $1,000,000 dollars as compensation for his neck and shoulder injuries thanks to the hard work of attorneys Eric Wittels and Melisande Hill.

Ready to leave this unfortunate accident in the past, Aleksandr S. and his wife are optimistic about their future and hope to buy a home with his newly awarded settlement check.

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Getting in an NYC car accident that was not your fault is bad enough. Discovering the other driver is from another state could leave you worried that you may be unable to get the compensation you need for your injuries.

New York State’s no-fault car insurance laws protect NYC motorists, providing a capped level of benefits. However, if your accident resulted in serious injuries and your losses exceed your insurance coverage, you may need to claim from the other driver’s insurance company. This is when the situation can get complicated.

An experienced New York City car accident attorney can clarify your legal options. This post will explore the legal process involved when New York residents get hit by out-of-state drivers and how New York state laws could help you seek justice.

Making an Insurance Claim in New York

If you did not sustain serious injuries in your car accident, the same initial process applies whether the car crash was caused by an out-of-state driver or a New York resident. As a no-fault insurance state, every NYC driver must first turn to his or her own insurance company for compensation after a car accident.

No-fault insurance is also called Personal Injury Protection (PIP). The goal of PIP is to pay promptly after an accident, regardless of who was at fault, and help you return to health and productivity again.

According to the New York State Department of Financial Services, PIP covers:

• Medical expenses

• Lost earnings

• Other reasonable and necessary expenses related to injuries from your car crash

There is a cap on the amount each person can claim under no-fault insurance policies. However, a driver could be ineligible for no-fault benefits if he or she was intoxicated, committing a felony, or driving an uninsured or stolen vehicle at the time of the accident.

If you sustain a serious injury in a New York City car wreck, you are likely to quickly run up medical and other expenses above the maximum limits under no-fault insurance. This may mean that you are entitled to pursue a lawsuit to seek compensation for your losses. However, the fact that it involves an out-of-state driver could complicate matters.

An experienced New York car accident attorney can listen to your story and advise whether you can pursue additional compensation for your injuries.

Serious Injury Claims Against Out-of-State Drivers

Generally, the more serious your injuries are, the more compensation you can expect to achieve in a car accident case. However, in a car accident involving an out-of-state driver, you may not have the same legal recourse as if a New York resident driver hit you.

The first question is whether your injury qualifies as serious under New York state law.

Categorizing serious injuries in New York

Your injuries must meet the threshold for serious injuries defined by New York State Law, Chapter 28, Article 51, Section 5102, to bypass the no-fault system and file a lawsuit against the other driver.

Under this statute, serious injury includes the following:

• Death

• Dismemberment

• Disfigurement

• Fracture

• Loss of an unborn baby

• Permanent loss of use of body organ

• Significant limitation to body system or function

These laws are complex, so do not try to determine whether your car accident injuries qualify without seeking legal assistance.

Compensation in serious injury accidents

If your car accident lawyer advises that your injuries are serious enough to meet the threshold, you can pursue a wider range of damages than you can through a no-fault claim. In addition to economic compensation, such as the cost of medical treatment and lost earnings, you could also pursue compensation for non-economic losses.

These damages may include:

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Loss of activities

• Loss of consortium

You may have the right to pursue compensation from the negligent driver, but the fact that he or she was from another state can make obtaining compensation more complicated.

Challenges to Pursuing Compensation From Out-of-State Drivers

Pursuing compensation from out-of-state drivers presents unique challenges. However, with an experienced New York City attorney on your side, it may be possible to find a way to obtain the compensation you are entitled to.

Is the insurance company authorized in New York?

Your personal injury lawyer will first investigate whether the other driver’s insurance company is authorized in New York. The policy must match New York’s minimum requirements if the company is authorized. New York law would apply even if the other driver is from a state that has lower minimum coverage requirements.

When the insurance company is not authorized in New York

If the negligent driver’s insurance company is not authorized in New York State, he or she could be in serious trouble. According to New York Vehicle & Traffic Law §318 Subsection 5(a & b), the out-of-state driver’s license may be revoked for driving on New York roads without insurance coverage.

However, the other driver losing his or her license is likely to be of little consolation if you are facing mounting medical expenses and other costs. One legal option open to you may be to file a lawsuit against the individual.

While it may be possible to prove he or she was liable for the car crash, obtaining a payout from an individual can be challenging. If the negligent driver has no collectible assets, obtaining the compensation you need may be impossible. A qualified and experienced New York car accident lawyer can help you explore all legal avenues for compensation, including provisions under your own auto insurance.

Uninsured and underinsured motorist insurance policies

If it is impossible to recover compensation from the negligent driver, you may be able to claim against your uninsured motorist coverage. Under New York law, all motorists must carry this insurance coverage, which protects them if they are involved in a collision with an uninsured driver.

You may also be able to claim against underinsurance coverage. This is not mandatory in New York, but many drivers purchase it to protect themselves if the other driver’s insurance coverage is insufficient to cover his or her losses.

Understanding the best route to compensation can be very confusing. That is why it is essential to secure legal representation to guide you through the process.

Give Yourself the Best Chance of Success After an NYC Car Crash

After a car accident involving an out-of-state driver, take the following steps, which could make it easier to pursue compensation:

• Call 911: The police will attend and note down the facts of the case. The police report may prove to be valuable evidence in your car accident claim.

• Seeking medical attention: Even if you feel fine, getting yourself checked by a medical professional and starting a paper trail of medical documentation is vital. This could help prove your injuries were caused by your car accident. Also, follow up on any medical treatment recommended by the doctor.

• Exchange information with the other driver: Get his or her name, address, phone number, driver’s license, license plate, and insurance information. Remain calm and do not get into any discussions about liability. Try to get the contact details of any eyewitnesses as well.

• Document the scene: If you can, take as many photos of the accident scene as possible. Try to show the damage to the vehicles, their position, and any markings on the road. Capture the weather conditions and take photos of your injuries and damaged property.

• Call a car accident lawyer: As soon as you feel well enough, arrange a free consultation with a New York City car accident attorney. Your lawyer will listen to your story and advise you on protecting your legal rights while talking to your insurance company.

It is crucial to seek legal assistance from the right car accident lawyer. The key is looking for a combination of experience, a track record of success, and a determination to fight tenaciously for the rights of NYC car accident victims.

Let Hill & Moin LLP Fight Your Out-of-State Driver Car Accident Case

At Hill & Moin, we understand that an NYC car accident can be stressful, financially draining, and physically painful. We are here to evaluate your personal injury cases, even in complex ones involving out-of-state negligent drivers. If another law firm would be better suited to take your case, we will refer you to another firm in our trusted network.

We are headed up by Melisande Hill and Cheryl Eisberg Moin, who have both been practicing law in New York for over 40 years and have recovered millions in compensation for motor vehicle accident victims. Our firm’s recent settlements include $1.7 million for an automobile accident victim and $4.85 million for a pedestrian struck by a truck.

Now is the time to discover why our clients say working with Hill & Moin feels “like having a lawyer in the family.” Do not delay. Call (212) 668-6000 to learn your Personal Injury Recovery SolutionsⓇ in a free consultation. Alternatively, complete our contact form, and we will call you back soon.

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Slip-and-fall accidents happen in a moment, but their physical, financial, and emotional impact can last a lifetime. Cities and states have building codes to minimize the risk of slip-and-fall accidents, but these are only effective when followed to the letter. If a building code violation at someone else’s property contributed to your injury, you may have grounds for a premises liability claim.

Premises liability is a property owner or occupier’s legal responsibility to ensure the premises are safe for visitors. Successful premises liability cases hinge on establishing liability. If your personal injury lawyer finds evidence of a building code violation, it could strengthen your case for compensation. This post will explain how to build a strong case for negligence in a slip and fall claim.

Building Code Violations That Impact Slip and Fall Cases

In New York City, there are many building codes and local laws that property owners must comply with. These include the 2022 Construction Codes, the Energy Conservation Code, and local laws that are updated each year. For example, Local Law 79 of 2024 requires a proactive inspection program for buildings.

These codes and laws are designed to protect visitors to businesses and homes. Sadly, when owners and occupiers neglect these regulations, accidents can happen.

The following are common building code violations that can contribute to a slip-and-fall accident:

• Insufficient lighting, especially around curbs and stairs

• Damaged or missing handrails

• Lack of non-slip mats on slippery floors

• Defective disabled access

• Broken or uneven steps

• Defective pipework/gutters, causing wet floors

• Leaks in ceilings

Building codes serve as a benchmark for the standards property owners and occupiers should meet and maintain. While remedial work is in progress, a property owner must warn visitors a hazard exists and take steps to keep them safe.

Where does premises liability apply?

Premises liability applies when you are injured while lawfully on someone else’s property. Examples include visiting your neighbor’s house as an invited guest, shopping at retail stores, or when working at someone else’s property. A personal injury lawyer can explain your legal rights in your situation.

How code violations could strengthen your case

A personal injury lawyer can investigate whether potential code violations contributed to your accident. If he or she finds that a violation took place, this could strengthen your case and may increase your chances of a successful outcome.

Even if your accident was not directly caused by a building code violation, previous citations may help prove the poor standard of maintenance in the building, bolstering your case for compensation.

Establishing Liability in a Slip and Fall Case

As part of the legal process for premises liability cases, attorneys must prove the following points:

• Duty of care: The property owner had a legal duty to ensure that the building met minimum standards for visitor safety

• Breach of duty: The property owner’s failure to follow safety regulations (which may include building codes) resulted in your fall accident

• Causation: The slip-and-fall accident directly resulted from the property owner’s negligence

• Damages: As the injured party, you are entitled to damages for the physical harm and/or financial losses you have suffered

Depending on the specific circumstances of your accident, a personal injury lawyer may choose to work with a building code expert to strengthen your case.

The role of building code experts

Building code violations are not always obvious. That is one reason why lawyers sometimes work with building code experts. These expert witnesses have specialized knowledge of building codes, local laws, and federal regulations relating to commercial properties.

Just a few examples of how building code experts can help include:

• Analyzing code compliance: Perform an in-depth analysis of construction practices, maintenance records, and work undertaken to comply with relevant building codes

• Expert report: Prepare a detailed report noting building code violations and their potential impact on visitor safety

• Expert testimony: Testify in court, explaining the details of building code violations to the judge and jury

• Guidance for legal teams: Personal injury lawyers are not building code specialists, so building code experts can guide them through relevant laws and show how these apply to your slip-and-fall claim

Creating a link between code violations and your accident

A personal injury lawyer must demonstrate a clear link between the code violation and your accident or show the property owner takes a lax approach to maintenance.

For example, poor lighting may have contributed to your accident by making it difficult to see an obstacle in your way. Your lawyer will investigate the lighting at the property to ensure it meets local and national standards. If it does not, this could strengthen your case.

On the other hand, if you trip and fall on a broken tile, it may be challenging to link this to a specific code violation. However, while investigating your case, your personal injury lawyer may discover a history of code violations and inadequate safety measures at the property. This could support your case that the property owner did not take his or her legal duty to follow safety regulations seriously.

Challenges in slip and fall cases

Proving liability in a New York slip and fall case can be challenging, even if you find evidence of code violations at the property.

You need an experienced personal injury lawyer to help you navigate challenges such as:

• Comparative negligence: The defendant may argue your negligence, such as ignoring a warning sign, was the cause of the accident and not the code violation. Under state law, this would not stop you from pursuing damages but could reduce the amount of compensation you receive in a New York slip and fall case.

• Notice requirements: In New York, the property owner must have had notice that the hazard existed. The notice can be actual or constructive, meaning that the problem had gone on long enough that the owner should have known about it.

• Lack of evidence: If there are no photographs, reports, or witness statements, it may be difficult to prove the property owner was negligent.

To give yourself the best chance of building a strong case for compensation, gather as much evidence at the scene as possible. Take multiple photographs and videos. Also, seek immediate medical attention and pursue follow-up treatment to make as full a recovery as possible.

If you suffer a serious injury, it may be impossible to gather evidence at the scene of the incident yourself. Whatever the specific circumstances of your case, call a New York slip and fall lawyer as soon as possible to discuss your legal rights and gather evidence before it disappears.

Let Hill & Moin Fight for Justice for Your Slip and Fall Injuries

After a New York slip-and-fall accident, you need a results-oriented lawyer on your side. One who will leave no stone unturned as he or she determines liability and pursues the compensation you deserve. You need the experience, compassion, and tenacity of Hill & Moin, LLP.

We have secured outstanding settlements in slip-and-fall cases. In one case, we secured a $10 million settlement after our client fell on defective steps. For another client, we secured a $3.5 million settlement for injuries caused by a defective sidewalk. When you hire us, we will bring the same level of intensity to your case as we pursue the best result on your behalf.

Do not delay in seeking justice, learning your Personal Injury Recovery SolutionsⓇ, and securing your future. Call (212) 668-6000 today for a free case evaluation, or contact us online, and we will call you back soon.

Don’t wonder about your rights!

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C.Y. is a lovely lady from Queens, known for her green thumb and passion for gardening. She cherished spending time with her family and especially enjoyed shopping with her daughter. But one day, while heading out to do some grocery shopping, C.Y.’s life took a sudden turn. As she was walking, a car making a turn struck her, and tragically, her foot was caught underneath the vehicle’s wheel. The accident left her with severe injuries to her foot, requiring emergency surgery.

In need of legal advice, C.Y. reached out to Hill & Moin, LLP, where she met with attorney Eric Wittels, Esq. Eric and the support staff at the firm carefully explained the legal steps that would need to be taken to pursue a lawsuit. They guided C.Y. through every part of the process, offering compassion and professionalism at every turn.

Thanks to the Hill & Moin team’s hard work and dedication, C.Y. was awarded $1.2 million for her injuries. Reflecting on her experience, C.Y. expressed deep gratitude, saying, “I could not have asked for a better law firm.” Now that her case is resolved, C.Y. dreams of one day buying a house and moving on from the traumatic incident, focusing on what truly matters—her family, her garden, and the future ahead.

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S.O. was running errands one afternoon in late May when the unexpected happened. While driving, another car suddenly collided with hers from behind, causing a chain reaction and a three-car pile-up. The car accident left S.O. with soft tissue injuries, making it clear that she needed both medical attention and legal support.

Feeling overwhelmed, S.O. reached out to Hill & Moin, LLP for legal counseling. From the moment she stepped into their office, she was met with a team of attorneys and support staff who took the time to carefully explain her case and outline the necessary steps for moving forward with a lawsuit. The team was thorough, professional, and reassuring, ensuring that S.O. understood every part of the legal process.

As her case progressed, the Hill & Moin team fought for her rights, and ultimately, S.O was awarded over $100,000 in compensation. Though S.O. didn’t have any immediate plans for her settlement money, she was incredibly satisfied with the experience. When asked to rate her time working with Hill & Moin, S.O. happily gave them a glowing 5-star review, appreciative of the professionalism and dedication she received throughout the entire process.

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New York City is famous for its bustling streets full of cars, commercial vehicles, and pedestrians fighting for space. So, sadly, it’s no surprise that October 2024 saw some 3,522 injury and fatal motor vehicle accidents in New York City, working out to almost 114 per day. If you are unfortunate enough to find yourself in a car crash, please know that the actions you take immediately after your accident could be critical to your long-term health and the success of your car accident claim.

Immediately after a crash, the New York Police Department (NYPD) advises you to put your car in “park” and check yourself and your passengers for injuries. If anyone involved in the accident is injured or you cannot move your car to safety, call 911 immediately. Even if everyone feels fine, it is still wise to seek immediate medical attention, as some injuries do not cause symptoms right away.

After taking care of your health, your next job is protecting your legal rights. This article will explore crucial steps that could give you a better chance of securing compensation that could get your life back on track.

Get Everyone to Safety

Getting hurt in a car accident is bad enough, but getting involved in a secondary collision would be even worse. So, if possible, move your vehicle to a place of safety, such as the shoulder or rightmost side of the road, and turn your hazard lights on.

If you cannot move your vehicle, get yourself and your passengers to a safe place nearby. However, never attempt to move a seriously injured person.

Moving someone with catastrophic injuries could make the following conditions worse, possibly leading to paralysis or death:

• Spinal fractures

• Neck injuries

• Traumatic brain injuries (TBIs)

• Herniated discs

Instead, call 911 and wait for emergency medical personnel to render first aid and advise on the right medical treatment.

Seek Immediate Medical Attention

Everyone should get checked out after an accident, even if you think you were not injured. Medical professionals are trained to spot the signs of internal bleeding, fractures, and head injuries, which may not cause immediate symptoms.

There are also important legal reasons to seek immediate medical care. To build a strong case for compensation, a car accident lawyer must prove that your injuries were caused by your car accident. If you do not get yourself checked out immediately, the at-fault driver’s insurance company may claim that your injuries were not caused by your accident at all and try to deny or lessen your coverage.

Instead of running this risk, create a clear link between your injuries and your car crash by seeing a doctor immediately. The report he or she creates could be crucial evidence that helps you secure the compensation you need.

The medical report may also include recommendations for further medical treatment. By following through on this advice, you demonstrate that you have done everything in your power to minimize the impact of your injuries and seek a full recovery, which may strengthen your case.

Call the NYPD

After a New York City vehicle collision, you must immediately call the police if any of the following occurred:

• Injury or death of any person

• Injury or death of any domestic animal

• Damage to a parked car or other property, and you cannot locate the owner

If injuries, fatalities, or property damage worth more than $1,000 occurred, you must file an MV-104 (Report of Motor Vehicle Accident) within a limited amount of time. Failure to do this could result in a suspension of your driving privileges.

What the police do at the accident scene

Once they arrive, police officers will take control of the accident scene. The police are likely to take statements from everyone involved in the car accident. Answer the officer’s questions truthfully and fully, sticking to the facts. The officer will create a police report that could form a key part of your personal injury case.

Property-damage-only car crashes

If your car crash only involved property damage, you are not required to report it to the police department in New York City. However, to protect your legal rights and satisfy insurance company requirements, you must complete the Report of a Motor Vehicle Accident and file it with the Department of Motor Vehicles.

Exchange Information

According to the New York State Vehicle and Traffic Law, it is illegal to leave the scene of a car accident without exchanging information with the other involved motorists.

Be sure to get the following information:

• Full names, addresses, and contact information of drivers involved and eyewitnesses

• Driver’s license information

• Owner’s details, if not the driver

• Insurance information, including the policy number

• Vehicle license plate number, make, and model

Tensions can run high after a New York car accident. Under no circumstances should you get involved in a discussion with the other motorists about who was at fault. New York is a no-fault state for car accidents. This means that, if you sustain injuries in a car accident, you must first file a claim with your own insurance company – regardless of who was at fault.

Depending on the circumstances of your vehicle collision, it may be possible to file a personal injury lawsuit and claim damages for your injuries. However, leave discussions of fault to your personal injury lawyer, who can build a case for compensation and handle all negotiations on your behalf.

Document the Accident Scene

If you feel well enough to do so, it could strengthen your case to gather evidence from the accident scene.

Potential evidence could include:

• Property damage: Take photos of your car from multiple angles to show the damage it has sustained. Remember to photograph the interior and any other property damaged in the accident, such as personal items.

• Damage to other vehicles: Photograph the damage sustained to any other vehicle involved to build a complete picture of the scene.

• Accident scene: Take a few steps back and try to photograph or video the entire scene. Capture skid marks, traffic lights, signs, and other evidence on the road. Also, the traffic conditions should be captured to show what may have contributed to the car crash.

• Injuries: Take photographs of your injuries as soon as possible after the accident.

Depending on the circumstances of your case, a personal injury attorney may be able to use the evidence you gather at the scene to build a case for fair compensation.

Contact Your Insurance Company

In New York, if you were injured in a motor vehicle crash, you have a limited period of time to file a written notice of claim with your insurance company. Your insurance company will normally send you a copy of the MV-104 report, which you must send to the DMV, along with your insurance claim form.

Your insurance company will respond with an Application for Benefits and a letter outlining your rights and obligations under your policy. You can use this form to claim compensation for medical bills and reimbursement for lost wages.

Limits on no-fault insurance coverage

No-fault insurance provides basic coverage for economic losses. If your losses exceed a certain amount, you may be able to apply for Additional No-Fault (Additional PIP) benefits, which is optional coverage, or make a claim on your standard health insurance.

If you sustained a serious injury, as defined by Section 5102(d) of the New York Insurance law, you may be able to sue the at-fault driver for damages beyond the limits of your no-fault insurance coverage.

Cautions with insurance companies

New York’s no-fault insurance laws may give the impression that your insurance company will take care of you after a car accident, no matter who was at fault. However, all insurance companies look out primarily for their own interests, not yours. Be careful about what you say to them and never let the insurance adjuster convince you that he or she is your friend.

Do not try to navigate New York’s no-fault insurance laws alone, especially if you sustained a serious injury. Instead, talk to an experienced New York City personal injury attorney as soon as possible after your vehicle collision. A lawyer can explain your legal rights and avenues that may be open to you for compensation.

Contact a New York City Car Accident Attorney

If your New York City motor vehicle crash resulted in severe injuries or death, the stakes are too high to go it alone. You need to talk to an experienced car accident attorney to get a clear understanding of your legal rights.

We understand that contacting a personal injury lawyer after a car accident could be overwhelming. You may worry about how you can afford to hire an attorney.

However, while there are no guarantees in personal injury cases, working with an experienced New York City car accident lawyer could give you a better chance of securing fair compensation. After all, hiring one may be easier than you think.

Free consultation and no fees upfront

Most personal injury lawyers offer a free consultation. A compassionate attorney will listen to your story and explain the legal action you may be able to take. There is no pressure to hire a lawyer, and you can walk away at this point with nothing to pay.

If a personal injury lawyer believes your case has a strong chance of success and agrees to take it on, he or she will usually work on a contingency fee basis. You will only pay a fixed percentage fee if your attorney wins your case.

On the other hand, if your case is unsuccessful, you will have nothing to pay. These terms allow you to pursue compensation for your severe injuries with more confidence, free of risk.

What personal injury lawyers can do for you

When you hire a personal injury lawyer immediately after a motor vehicle collision, you hand over all the stress and hard work to your attorney.

Your lawyer can do the following on your behalf and more:

• Investigate your case

• Collect evidence and build a strong case for liability

• Calculate the full extent of your losses, including medical bills, lost wages, property damage, pain and suffering, and other non-economic losses

• Negotiate with insurance companies to pursue fair compensation

• Fight your case in court if negotiations are unsuccessful

Trust Hill & Moin With Your NYC Car Accident Case

At Hill & Moin, we understand how distressing a New York City car accident can be. To make matters worse, insurance company bullies may try to pressure you into accepting a lowball settlement that does not cover your actual needs. Now is the time to secure your future, not simply hope for the best from an insurance company.

As lawyers with years of experience fighting New York City car accident cases, we fight tenaciously in pursuit of maximum settlements for our clients. We have secured many six- and seven-figure settlements for motor vehicle accident victims. For us, your case is personal. That is why our clients feel like we are their lawyers in the family.

Now is the time to explore your legal rights with Hill & Moin LLP. Call us at (212) 668-6000 to discuss your case with an experienced New York City car accident attorney. Alternatively, fill out our contact form, and we will call you back very soon to discuss your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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