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After a deeply distressing event like a New York car accident, you may feel overwhelmed and vulnerable. Agonizing over whether it was your fault can multiply your stress.

At Hill & Moin, our heart goes out to auto accident victims. Our compassionate lawyers advocate for the injured, pursuing extraordinary results for our clients.

While no-fault auto insurance relieves some of the anxiety of determining fault, relief can also come with accurate knowledge. Our law firm is sharing this information to demystify New York no-fault coverage and explain how your no-fault insurance policy could impact your car accident claim.

No-Fault Coverage: What You Need to Know

Since New York is a “no-fault state,” no-fault insurance is required to register vehicles and purchase license plates. Your plan must include the following minimum coverage.

Personal injury protection

Personal injury protection (PIP) policies provide coverage for medical expenses and lost wages. Besides yourself, PIP pays for medical treatment for your passengers and pedestrians injured by your car.

Liability insurance coverage

Auto liability insurance coverage protects drivers if they are found legally responsible for causing an accident.

Some common types of liability coverage are:

• Bodily injury liability: Medical expenses associated with injuries sustained in an accident caused by the insured driver
• Property damage liability: Repair or replacement costs for damaged property and the other vehicle involved in the accident
• Comprehensive (optional in New York): Pays for property damage and vehicle repair or replacement needed due to collisions, theft, vandalism, fire, or other natural disasters

Auto liability insurance has a maximum payment amount called a policy limit. Drivers must carry adequate liability coverage to protect their assets and comply with the legal requirements set by New York State.

Uninsured vehicle coverage

In 2022, uninsured motorists composed about 14 percent of all drivers in New York. Without the protection of uninsured motorist insurance (UM) coverage, you would have to pay your medical bills and vehicle damages out of pocket if you were hit by an uninsured vehicle. UM covers injury-related costs for you and your passengers up to your policy’s limits.

Uninsured motorist coverage can also extend to underinsured motorists, which can help cover the gap between the at-fault driver’s insurance limits and the actual costs of your damages.

Such coverage is especially valuable in areas where many drivers may be uninsured or underinsured. While uninsured motorist coverage is optional in some states, New York law requires that all registered drivers carry it.

No-fault insurance protection

No-fault insurance coverage applies regardless of who was at fault in a car accident. Under your basic no-fault policy, you could qualify to receive funds for economic losses as well as:

• Reimbursement for accident-related medical bills and rehabilitation costs for bodily injury
• Lost earnings (minus offsets for New York State disability, workers’ compensation, or federal Social Security benefit payments) for up to a few years after the date of the accident
• An amount of money per day for transportation to and from medical providers and household help (e.g. childcare, household help, lawn care services) for a limited time after the accident
• Money payable to the estate of a person killed in a motor vehicle accident

To claim expenses related to your no-fault accident, you must prove these are “reasonable and necessary.” An attorney can help you provide reasonable justification for your claims to increase the likelihood of their acceptance by the insurance company.

In states where PIP is not required, you can often buy it as additional coverage. Each insurance company offers different no-fault benefits, so you should check your policy to see if rehabilitation, childcare, or funeral expenses are covered.

The personal injury protection required in New York and other “no-fault” states can speed up the claims process and avoid personal injury claims for minor injuries. In addition to no-fault coverage, another type of insurance policy may protect you if you get into a car accident in New York State.

Exploring Health Insurance Coverage and Other Benefits

If you have a serious injury, the cost of treatment might quickly exceed the amount covered under your no-fault policy. To prevent economic losses, you can explore your other options.

Optional PIP coverage

You can buy more than the coverage required in a no-fault state. Insurers are often required to offer extra PIP coverage, and if so, policyholders must sign a document to reject it. If the insurance company does not receive your waiver, they could charge additional fees.

Did you know you could be eligible for coverage under your family members’ insurance policies? A personal injury attorney can help you decode the fine print to determine whether you qualify to file a claim on the policy for the vehicle you occupied or a relative living in your household. If you were not at fault for the accident, the attorney can also contact the insurance company of the person at fault for the crash.

Standard health insurance coverage

In New York, as in many other states in the US, you must carry health insurance coverage. Standard health care coverage can protect you if no additional PIP benefits are available.

An attorney can help you contact your provider and follow the instructions for submitting a health coverage claim. You will need to provide proof of your injuries, including supporting documents like accident reports and doctor statements. Be sure to keep copies of all communication with the insurance agent for your records.

Federal Social Security disability

What if your serious injuries result in a long-term disability? Collecting federal Social Security disability benefits could alleviate your financial burdens.

The Social Security Administration (SSA) will evaluate your claim based on their criteria, including the severity and duration of your impairments and how these impact your ability to earn a living. A person may be eligible for disability payments and Social Security Income (SSI) simultaneously.

Besides monthly pay, your benefits could include Medicare, a federal health care coverage program.

Medicare insurance covers:

• Hospital stays
• Doctor’s appointments
• Prescription drugs
• Preventive services like health screenings, behavioral counseling, and annual wellness visits

Seek assistance from a qualified attorney experienced in Social Security disability claims to navigate the process effectively and increase your chances of approval. Though the aftermath of auto accidents can be overwhelming, professional assistance can help you take advantage of your benefits while you recover from your serious injury.

Deciding When You Need to File a Personal Injury Lawsuit

While a no-fault claim is designed to streamline the claims process and provide quicker reimbursement for medical expenses, it may only cover some of your losses. You might need to consider filing a personal injury lawsuit against the at-fault driver.

However, you can only file a third-party lawsuit under certain circumstances, such as when:

• Your serious injury exceeds the threshold of severity defined by New York laws
• Your medical expenses surpass the specified limit
• You suffered significant pain and suffering
• You will have ongoing treatment for your accident-related injuries

By seeking the guidance of a skilled attorney experienced in handling personal injury cases in no-fault states, you can protect your rights and pursue the full extent of compensation available to you.

Before the statute of limitations ends

In New York, there is a time limitation, known as the statute of limitations, for filing claims related to motor vehicle accidents. Individuals involved in motor vehicle accidents must be aware of this time constraint and take prompt action if they intend to pursue a lawsuit. Failing to file a claim within the statute of limitations can result in the loss of the right to seek compensation for injuries or damages sustained in the accident.

Seeking legal advice from Hill & Moin and initiating the claims process promptly after a motor vehicle accident can ensure that you preserve the opportunity to see an excellent outcome for your car accident case.

Before accepting an insurance company settlement offer

A settlement offer might seem attractive at first glance. Yet, these offers could fail to cover the cost of your full recovery. Why not seek legal counsel before signing away your rights?

A car accident attorney can assess the real value of your claim. Then, he or she can communicate with the insurance company, negotiating based on the specifics of your case. At Hill & Moin, our lawyers advocate for car accident victims, pursuing fair and just compensation for your losses.

Aim for Maximum Compensation

Crashes can throw your life off track, but it does not have to remain that way forever. Consulting a law firm can help you avoid potential pitfalls and ensure that you fully understand your rights and options before making any decisions that could impact your legal claim.

At Hill & Moin, we offer risk-free consultations so car accident victims can understand their insurance coverage and take full advantage of their no-fault benefits. Call (212) 668-6000 to schedule your free appointment and learn about your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!

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J.L. was a metal worker who was working as part of a longstanding, historic, and extensive subway construction project. He was carrying a piece of steel through a passageway when he suffered serious injuries requiring surgery.

J.L. contacted a colleague who advised him to call Hill & Moin. He called their office, and an appointment was quickly scheduled. He met the partners in their office, and they explained the legal process and the steps that they would take to attain the best recovery possible in a difficult and complex case. They commenced legal action and litigated the case with absolute precision. The case was resolved in JL’s favor in the amount of $1 million.

When J.L. was notified of the settlement, he was jubilant. He commended the attorneys for their excellent representation and stated that he was very grateful for hiring Hill & Moin. J.L.’s dreams to open a business will now become reality.

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For many, Friday evening is the most anticipated time of the week, especially in a bustling city such as New York with so much to offer and experience. To kickstart his weekend, S. Calukovic had rented a moped through a popular ride-share service. He was on his moped lawfully heading straight through an intersection when suddenly, a distracted driver making an illegal U-turn smashed into him causing a severe collision.

Stunned by the impact, S. Calukovic returned home but it was not long before the gravity of his injuries became unavoidably clear. He urgently sought medical care, where his treatment team immediately confirmed that he had fractured ribs and sustained soft tissue injuries to his neck and back.

Feeling helpless, S. Calukovic began to browse the web for solutions when a providential Google search brought him to Hill & Moin. When surveyed, he reflected on his “fantastic” 5-star experience working with Attorney Eric Wittels. S. Calukovic went on to admire the clarity and ease of communications, noting that events and details during his case were always brought to his attention concisely and consistently.

Ready to move on, S. Calukovic looks forward to building his savings and investing in his financial future.

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After enjoying an afternoon out shopping with a friend, L.H. was tired and expected some relaxation after her fun-filled day. What she could have never expected, however, was to be the victim of a ceiling collapse accident.

Returning to the apartment building of a friend, L.H. entered the front door into a hallway leading to the building’s staircase. Before L.H. or her companion were able to even turn on a light, they were both hit with something solid and heavy. Frightened and frantic, they did not realize they had been struck by falling pieces of a neglected ceiling that had rotted from water damage and collapsed onto them.

They were quickly transported to the hospital, and it was discovered that L.H. had suffered injuries to her neck and shoulders, causing radiating pain throughout her entire body. Frustrated and looking for accountability, L.H. sought legal support. By connecting with Hill & Moin, she found what she was looking for.

Describing Attorney David Zwerin as “great and knowledgeable,” she appreciated that he took the time to explain every step of her case until he was certain she understood, despite that she is a predominantly Russian speaker. At the conclusion of her case, Hill & Moin’s fight to achieve a settlement for their soft tissue injuries paid off, resulting in a six-figure award for L.H. and her friend.

Moving forward, L.H. doesn’t have any plans yet, but she does have ideas for a vacation!

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A.O. was a passenger who was injured in a motor vehicle accident that had occurred on a highway exit. She suffered injuries to her shoulders and left knee and was transported by ambulance to a nearby hospital for immediate treatment. As a result of her injuries, A.O. underwent surgery and months of physical therapy.

A.O. had spoken with a former client of Hill & Moin who recommended that she contact their office. She called Hill & Moin, conducted an intake and set up an appointment for her to come to their office and meet with the partners. The attorneys explained the legal process, answered her questions, and began working tirelessly on her case to achieve the best possible resolution. Their hard work paid off and A.O.’s case was settled for $350,000.

When A.O. was informed of the news, she was elated and could not wait to pick up her settlement check. She thanked Hill & Moin for their excellent representation on her case. A.O. was very pleased with the professional services of Hill & Moin and commended their communication as fast and extremely responsive. A.O. plans to use her settlement proceeds to purchase a home or invest in her children’s future.

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After getting injured in an accident, medical bills can quickly start mounting up. This may be compounded by taking time off work to recover. It is natural to want to seek compensation from the responsible party, but what if you have a nagging feeling that you are partly liable?

Personal injury lawsuits are often complicated. In many cases, more than one party may be partially responsible for the accident. New York State comparative fault laws reflect this and allow you to seek compensation even if you were up to 99 percent liable. These laws also allow you to pursue compensation when multiple parties are found responsible for your accident.

In this article, we will explore how it may be possible for you to pursue compensation even if two or more parties were responsible for what happened. We will also consider how this may affect your compensation and why there is no need to conclude that you do not have a case without seeking legal advice.

How Personal Injury Cases Work in New York

For anyone to recover compensation in a personal injury case, the following four criteria must be met:

1. Duty: One or more parties must have had a duty of care toward the other party/parties
2. Breach: By negligent or willful actions, the liable party/parties must have breached their duty of care
3. Cause: The breach must have caused injury to the plaintiff
4. Damages: The injury must have caused economic or non-economic losses for which the defendant is entitled to compensation

In some personal injury cases where one party is clearly liable, this may be straightforward. However, sometimes multiple defendants may have acted negligently, causing the accident that resulted in your injuries and losses. In this situation, the responsible parties are known as the tortfeasors.

Shared Liability Laws in New York

New York is one of only 13 states that follow the legal doctrine of pure comparative negligence, also called comparative fault. Comparative negligence recognizes that fault can be shared between all liable parties (known as tortfeasors), including the injured person (the plaintiff).

Some key provisions of New York’s comparative negligence laws are as follows:

• Contributory negligence does not bar the claimant from recovering damages from the other tortfeasors

• The amount of damages may be reduced by the proportion of liability attributed to the tortfeasor

• Damages can be sought in personal injury, property damage, and wrongful death cases

Determining fault

Most personal injury cases do not go to court, so insurance adjusters usually assess the degree to which each party contributed to the accident. However, this judgment is not final. Depending on the circumstances, a personal injury lawyer may be able to present evidence that your liability was lower than the insurance company claims.

If the case cannot be settled out of court, a judge and jury will assess each party’s level of fault during the trial. The responsible parties will each be apportioned a percentage of liability for the accident.

For example, if three drivers were involved in a collision, Driver A may be found 50 percent responsible, while Drivers B and C may be found 25 percent responsible each. Each party will only be able to recover compensation in proportion to their share of the liability.

How liability affects damages

Under pure comparative negligence laws, you can only recover 100 percent of your damages if you were found to be entirely free from liability for your accident. Otherwise, your damages will be reduced by your percentage of liability.

Returning to the example above, let us say that each injured party’s damages were assessed at $100,000. Each one would receive a portion of the damages owed, reduced by his or her percentage of liability:

• Driver A: 50 percent liable, so damages are reduced by 50 percent to $50,000

• Driver B: 25 percent liable, so damages are reduced by 25 percent to $75,000

• Driver C: 25 percent liable, so damages are reduced by 25 percent to $75,000

Determining liability is a contentious issue, and you need a qualified and experienced personal injury lawyer fighting for your rights. Otherwise, the insurance adjusters may try to pressure you into accepting more liability and receiving a reduced settlement.

Pure comparative negligence vs. modified comparative negligence laws

In modified comparative negligence states, a plaintiff cannot claim any compensation from the other liable parties if his or her negligence was 50 percent (51 percent in some states) or more. This could leave one party unable to claim any compensation from other liable parties. At the same time, he or she would have to pay sizable damages to the other parties.

Some view pure comparative negligence as a more fair system, as only those 100 percent responsible are barred from recovering compensation. This rule is meant to protect each accident victim while ensuring compensation can help cover their financial losses.

The Role of a Personal Injury Attorney in Shared Liability Cases

Shared liability makes personal injury cases more complex. If you rely on an insurance adjuster to assess liability without getting advice from a personal injury attorney, you may not receive a fair settlement.

Personal injury lawyers know all the tactics insurance adjusters use to shift blame onto the plaintiff and reduce the compensation they have to pay out. If you work with a New York personal injury lawyer, though, he or she may be able to reduce your liability and obtain a fairer settlement.

Investigate your case

Personal injury lawyers and their legal teams can gather evidence that clearly shows what caused your accident and whose negligence contributed to it most significantly. It is crucial in shared liability cases to gather as much evidence as possible, including:

• Photographs and videos

• Eyewitness testimony

• Accident reports

Additionally, your personal injury attorney may work with expert witnesses. Expert witnesses are highly qualified and experienced third-party experts who can testify as to what happened in your accident based on the evidence.

Build a strong case

After gathering the evidence, your personal injury lawyer will prepare his or her legal arguments. This could reduce your percentage of liability and increase your share of the settlement during negotiations.

Your lawyer will also present evidence of the extent of your injuries, your long-term prognosis, and the physical and psychological suffering you have endured. Generally, the more serious and life-changing your injuries are, the higher your settlement may be.

Negotiate or fight your case in court

Pure comparative negligence laws tend to encourage out-of-court settlements. This is because either party may prefer to avoid a judge or jury making the final decision on liability and damages. A New York personal injury lawyer can play hardball in negotiations or fight at trial for fair compensation on your behalf.

Seek Justice in a Shared Liability Personal Injury Case

Being partially liable in a personal injury case does not mean accepting anything an insurance company offers you. Whoever was liable for your injuries, you need an experienced and compassionate personal injury attorney on your side, fighting for justice. The compensation you could recover may be critical for securing your future.

At Hill & Moin LLP, we have obtained outstanding results for our clients in a range of personal injury cases. These include an award of $10 million in damages for a fall on defective steps and a judgment of over $4 million in a landlord negligence case.

If we take on your case, we will do all we can to ensure liability is shared fairly. To find out what our Personal Injury Recovery SolutionsⓇ can mean for you, schedule a free consultation with a personal injury attorney by calling (212) 668-6000. Alternatively, fill out our online form, and we will get in touch soon.

Don’t wonder about your rights!

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O.M. had left her apartment to head outside. She had made it to the lobby of her apartment building and had walked to the entrance/exit when she tripped and fell due to a defective step. She suffered injuries to her right wrist and left ankle requiring immediate hospitalization and right wrist surgery.

O.M. contacted a colleague who recommended Hill & Moin LLP. She called their office and they conducted an intake and commenced an investigation. They worked diligently on her case and started a lawsuit even during the COVID pandemic. Incredibly, O.M.’s case was settled for $450,000.

When O.M. was informed of the bountiful settlement, she was surprised and ecstatic. She described her great experience with Hill & Moin. She stated that everyone on the Hill & Moin team was always there for her to address her concerns and questions with patience and assurances. She couldn’t have been happier with Hill & Moin’s representation on her case and highly recommend them to anyone seeking legal representation for personal injury.

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In a big city like New York, the benefits of riding a bicycle to get around town are plentiful. Unfortunately, the risks are also abundant. On a clear evening, N.C.’s husband was riding his bicycle, lawfully following road signs and signals. During his ride he approached an intersection, where the traffic signal was green for his lane. Traffic seemed to be ebbing and flowing as usual, he had no reason to believe everything was about to change.

As N.C.’s husband crossed, he was blindsided by a tow truck which had attempted to make an illegal turn and plowed directly into this father of 5 young children. Although he was raced to the hospital, tragically, he succumbed to his injuries.

Devastated by their loss, N.C. knew that her husband deserved justice. It was then that she made the decision to speak with Hill & Moin to weigh her options. Working closely with them through such a difficult time, N.C. was thankful for Hill & Moin’s sincerity and kindness as they zealously worked to collect a settlement of the full insurance policy for her family’s deep loss.

She commended Hill & Moin’s staff for their straightforward and steady communication, from beginning to end. Turning to the future, N.C. plans to return to her home country where she will build a home for her family.

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New York City is known as the best city in the country for walking and public transportation. Between 2013 and 2023, pedestrian deaths on NYC roads dropped by 45 percent. However, in recent decades, a new danger to pedestrians has emerged – not from vehicles but from distractions.

The “distracted walker” phenomenon refers to pedestrians who are so engrossed in their smartphones, devices, or conversations that they could overlook a hazard as they walk. One study found that 39 percent of New Yorkers admitted to personally walking distracted – a higher percentage than walkers in other US cities. If you get injured in a slip-and-fall accident on someone else’s property while distracted, this raises serious questions about who is responsible.

In this article, we will discuss the phenomenon of the distracted walker in greater detail and consider how shared liability can affect compensation in a slip-and-fall accident claim in New York City. You may have more legal options available to you than you might expect.

The Dangers of Distracted Walking

A detailed study by the American Academy of Orthopedic Surgeons (AAOS) found that almost 25 percent of Americans have witnessed a distracted walking incident, and 26 percent have been involved in an incident personally.

It’s common for distracted walking incidents to involve:

•  Falling down stairs
•  Tripping over curbs
•  Stepping into traffic without looking
•  Walking into objects, such as trash cans and lampposts

If you are fortunate, you may be able to walk away with bruising to nothing more than your ego. However, these seemingly minor, low-speed accidents can lead to catastrophic and occasionally fatal consequences.

The law on distracted walking in New York

Back in 2019, there were moves in the New York State Senate to ban pedestrians from crossing the road while using portable electronic devices. While these have not become law, walking while distracted could lead to jaywalking, which is illegal in New York City.

Also, if you get involved in an accident and injure someone or cause damage to another person’s property, you could potentially be pursued for compensation in a civil case. However, liability is often complex, and it is important to talk to an experienced New York City slip-and-fall accident attorney to understand your legal position.

Types of distraction while walking

Distractions while walking fall into three main categories:

1. Manual: Distractions involving your hands, such as eating, smoking, or texting
2. Visual: Anything causing you to take your eyes off where you are going, such as following a map, reading on a smartphone, or operating a music player
3. Cognitive: When our minds are elsewhere due to stress, conversations, fatigue, or the influence of drugs or alcohol

It may not be realistic for any of us to be completely focused on the road ahead the entire time we are walking. However, it is usually best to avoid using a smartphone while walking on the street. Ask yourself, “Can it wait?” If it can, then deal with it later.

Also, be attentive to your surroundings, including other pedestrians. Noise-canceling headphones can make it harder to hear and respond to sounds on the road, such as approaching vehicles or emergency sirens. Therefore, it is probably best to avoid wearing them when walking in busy areas.

The danger of complacency

We all readily acknowledge that distracted driving is dangerous, even potentially lethal. Yet, many do not feel the same way about distracted walking. We may feel it is perfectly safe to text, watch videos, play video games, or engage in a serious conversation while walking.

The AAOS study discovered that while 78 percent of people agree that distracted walking is a serious problem, only 29 percent admit it is an issue for them personally. According to the majority, the problem is everyone else.

Who is at risk?

A review of emergency department visits due to distracted walking found that from 2011 to 2019, there were an estimated 29,140 injuries suffered across all age groups. Perhaps unsurprisingly, given their high level of smartphone use, people between the ages of 11 and 20 suffered the most injuries.

While young people sustain the most slip-and-fall accidents, older adults are at the greatest risk of serious injuries. Women over the age of 55 are the most likely to sustain serious injuries due to distracted walking.

Injuries suffered from distracted walking

Sadly, every year, people lose their lives or get seriously injured from downplaying the risks and engaging in distracted walking. Slip and fall injuries may sound innocuous, but it’s possible to sustain injuries such as:

•  Spinal cord injuries

•  Broken bones

•  Traumatic brain injuries

•  Cuts and bruises

•  Sprains and strains

•  Internal injuries

If you damage your spine, hit your head, or receive other catastrophic injuries, your life may never be the same again. For seniors, slip-and-fall accidents can be especially devastating. The CDC estimates that 1 in 5 falls results in a serious injury to people aged 65 and older. Each year, over 800,000 seniors are hospitalized due to a fall injury.

Whether your injuries are life-changing or less serious, it is crucial to seek advice from a slip and fall attorney. Even if you think you were partially responsible, do not hold back from seeking legal advice.

A lawyer can use his or her in-depth understanding of New York shared liability laws to determine whether you have the right to pursue compensation for the economic losses and pain and suffering you have endured. You can find out what your case may be worth during a free consultation.

Shared Liability: Seeking Compensation When You Are Partly Responsible

In slip and fall cases, before you can seek compensation for medical bills, lost income, and other expenses, you must prove who was liable for the accident. This may be complicated in cases involving distracted walking, as there may be two or more potentially liable parties for the slip-and-fall accident that caused your injuries.

The good news is that even if you were partly responsible for your slip-and-fall accident, New York laws enable you to pursue compensation from the other party or parties.

New York shared liability laws

State laws determine how your own degree of fault affects the money you could get. For instance, New York is a pure comparative negligence state. This means that even if you were 99 percent responsible for an accident in this state, you may still be able to recover compensation from the other party.

However, on the flip side, this means the other party or parties also have the right to seek compensation from you. At the same time, under comparative negligence laws, your settlement will be reduced if you were partially responsible for your own injuries.

For example, if you are found to be 40 percent responsible for the accident due to distracted walking, you will only receive 60 percent of the settlement you would have received if you had not been responsible at all.

Conversely, the same would go for a case involving a distracted driver. If you and he were found to both be 50 percent at fault, in New York, you could receive 50 percent of damages.

Proving liability in slip and fall cases

Property owners and managers have a duty to protect visitors who enter their premises. To recover compensation from a property manager or owner, your attorney must prove that he or she could have foreseen an injury taking place and yet failed to take appropriate action. Simply put, you must prove their liability.

The property owner’s negligence could include:

• Failing to clean or maintain their property
• Failing to rope off a hazardous area
• Failing to give notice of an existing hazard
• Failing to remove debris or obstacles from walkways

However, if the property owner can produce surveillance camera footage or other evidence that you were distracted at the time, you may bear partial responsibility for what happened.

An experienced slip-and-fall attorney could investigate your case and build a strong slip-and-fall claim for compensation. From there, your lawyer would negotiate with the other party’s insurance company or attorneys to agree on a fair settlement for both parties. If necessary, a slip-and-fall lawsuit could be filed and you could go on to pursue damages in court.

Trust the Experience of Hill & Moin Slip and Fall Attorneys

A slip-and-fall accident involving a distracted walker can be complicated, especially as such cases often involve shared liability and foreseeability of a hazard. However, do not let the complexities put you off seeking justice and the compensation you need to get your life back on track.

At the New York law firm of Hill & Moin, our attorneys are ready to listen carefully to your story. While it may be complex, we can provide the advice you need to decide whether you want to take your case forward. If you hire us, you may rest assured that we will do all we can to give you the best possible chance of receiving the compensation you deserve for your slip-and-fall accident.

If you are ready to learn more about the Personal Injury Recovery SolutionsⓇ to your slip-and-fall, schedule a free consultation with us. Call us 24/7 at (212) 668-6000 or complete our online form, and we will contact you soon. 

Don’t wonder about your rights!

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Electric vehicles are changing the face of motoring in New York City. Despite its reputation as one of the best cities in the country for walking and public transportation, 83 percent of transportation emissions in NYC still come from private vehicles. The City has so far transitioned about 67 percent of its fleet to alternative fuels and is installing more public charging stations to help NYC residents make the transition to battery electric vehicles (BEVs).

While these statistics show the progress New York City is making toward a greener future, electric vehicles also pose safety risks. They weigh far more than gasoline vehicles, run quieter, and present different risks when involved in serious accidents.

This article will examine how safe electric vehicles are and some issues that may be of concern. We will also explore the potential injuries they can cause and what you should do if you are involved in an electric vehicle accident.

Electrical Vehicle Safety Advantages

Before discussing the dangers of electric vehicles, it is important to acknowledge that these are required to meet the same safety standards and to undergo testing – just like conventional cars before they can hit the road.

Electrical vehicles also often have additional safety features that may not be present in traditional vehicles. For example, many electric models now include automatic emergency braking, lane departure warnings, and features to shut off power if a collision or short circuit is detected.

In addition, electrical vehicles may have a lower center of gravity due to the central positioning of the battery packs. This can improve their stability and make them less likely to roll over in the event of a crash.

Many electric vehicles have earned key safety awards. In 2024, the Insurance Institute for Highway Safety (IIHS) awarded 3 electric makes its highest honor, the Top Safety Pick+ award. Its rigorous testing assesses vehicles’ safety performance in frontal and side-impact crash tests.

Potential Dangers in Electric Vehicles

Although electric cars are generally as safe as – if not safer than – regular vehicles, they do pose some unique challenges.

Fires

The good news is that although electric vehicles have been involved in recalls due to fire risks, a study has shown they are less likely to catch fire than hybrid or regular gas-powered vehicles.

Analysis of data from the National Transportation Safety Board (NTSB) showed electric vehicles were involved in just 25 fires per 100,000 vehicles. By contrast, gas-powered cars were involved in about 1,530, while hybrid cars had 3,475 fires per 100,000 vehicles.

That said, the NTSB has highlighted a group of people who are particularly at risk from lithium-ion battery fires – first responders. The potential dangers include:

• Electric shock from exposed high-voltage components
• Uncontrolled temperature and pressure increases that can cause thermal runaway, leading to fires
• Residual energy in the damaged battery, which can cause it to reignite

If you are involved in an electric vehicle collision, first turn the vehicle off – safely. Avoid touching the high-voltage batteries, cables, and other components; many manufacturers use bright orange cables to make these easier to spot.

Let first responders know that this is an electric vehicle. This can help them to keep both you and themselves safe as they assist you.

Acceleration risks

Typically, electric cars have lower top speeds than regular cars. However, they can reach top speed much more quickly. A recent study by Cambridge Mobile Telematics (CMT) found that the acceleration risks posed by electric vehicles are 180 percent to 340 percent higher than with traditional vehicles.

More rapid acceleration may reduce the time electric car drivers have to react to hazards, including pedestrians, cyclists, and other road vehicles. Drivers who are unfamiliar with driving electric cars may not realize this crucial difference, causing them to accelerate too aggressively. The injuries caused by being struck by a fast-moving, heavy vehicle could be devastating.

Harder to exit in an emergency

Being in a car crash is bad enough, but being stuck in the vehicle and struggling to get out afterward is the stuff of nightmares. If the electric motors on the doors of your electric car shut down after an accident, you will need to use the emergency release functions to get out.

On some Teslas, the emergency release function is known to be tricky to find. For example, to open the Falcon wing doors on a Tesla Model X, you need to remove the speaker grill on the door and then pull the release cable down and towards the front of the car. Try doing that after sustaining a serious injury! Even worse, the rear doors on a Model 3 have no emergency release function.

Silent operation

A benefit of electric cars over conventional vehicles is the low level of noise pollution they generate. However, their almost silent operation can pose a danger to pedestrians, who can’t rely on hearing an electric vehicle coming before making a decision to step out into the road.

Both electric car drivers and pedestrians need to be extremely vigilant to prevent accidents, even at low speeds where wind resistance and tires create less noise. Congress now requires electric and hybrid vehicle manufacturers to add sounds to electric and hybrid vehicles when traveling at speeds of up to 18.6 miles per hour to protect pedestrians, cyclists, and blind people.

Heavier vehicles

Electric vehicles are significantly heavier than their conventional equivalents. For example, GMC’s Hummer EV weighs about 3,000 pounds more than the equivalent full-size pickup. Its full battery pack alone weighs nearly as much as a regular Toyota Corolla sedan. Meanwhile, Ford’s F-150 Lightning pickup is over 2,000 pounds heavier than the gas-powered model.

The laws of physics dictate that when two objects collide, the heavier of the two will do more damage to the other. As the electric vehicle may often be the heavier vehicle, the impact on other vehicles and pedestrians can be catastrophic.

Potential Injuries From Electric Vehicle Crashes

Electric vehicles can cause the same range of injuries as conventional vehicles, but there are a few added risks worth noting. Common auto accident injuries include:

•  Whiplash

•  Traumatic brain injuries (TBIs)

•  Broken bones

•  Cuts and bruises

•  Burns

If the battery packs in an electric vehicle catch fire, the results could be catastrophic. Burn injuries can be particularly serious, leading to the following complications:

•  Dehydration

•  Infections, including sepsis

•  Respiratory problems from inhaling smoke and chemical fumes

Burn injuries can have a long-term, even permanent, impact on your health and your ability to work. If you have been affected by burn injuries after an electric vehicle crash, it is essential to seek medical treatment and find out your rights to compensation. You may be able to pursue a settlement that could help you pay for your medical and living expenses resulting from your burn injuries.

What to Do After an Electric Vehicle Crash

Your first priority should be to seek medical attention. Even if you feel fine, always get yourself checked out by a doctor as soon as possible. Some injuries do not cause pain immediately but can have severe consequences down the line.

If you are able to do so safely, try to collect the following information at the scene of the collision:

•  Name and contact details of other drivers or pedestrians involved

•  Make, model, and license plate numbers of the vehicles involved

•  Details of eyewitnesses

•  Photographs of the scene

Call the police and cooperate with them at the scene. Then, as soon as possible, talk to an experienced New York City vehicle accident attorney; do this even before you talk to the insurance company. Your attorney will be able to advise you on your legal rights and help you avoid potential pitfalls.

Let Hill & Moin LLP Fight for Your Rights

Electric vehicles may be the future, but if you have been injured by one, we understand that you need justice right now. The vehicle accident lawyers at Hill & Moin have over 50 years of experience in successfully fighting car accident cases and winning settlements that have changed our clients’ lives.

At your free case evaluation, one or more of Hill & Moin’s lawyers will carefully review your case and explain your legal options. If we take on your case, we will look closely at the impact of your injuries and how they may affect you in the future so we can pursue fair compensation on your behalf. We want you to feel like we are the lawyers in your family, fighting for justice so you can rebuild your life.

Are you ready to learn about our Personal Injury Recovery SolutionsⓇ? Schedule a free case evaluation with a compassionate vehicle accident lawyer by calling (212) 668-6000 or filling out our online form today.

Don’t wonder about your rights!

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