traffic on highway-car accidents

The City of New York is bustling with traffic at all times. While the mass transit system carries millions of people every year around the City, cars, trucks, taxis, Ubers, Lyfts, and motorcycles are weaving through city streets. This traffic and congestion lead to countless accidents every year. Some of these accidents can have life-altering consequences for you and your family both physically and financially. Often the financial consequences pale in comparison to the pain and suffering that people experience. 

Motor vehicles in New York City are limited to 25 mph in most instances and even if they obey the speed they are capable of causing massive injuries. Whether you are hit by a small sedan or a massive bus from the New York City Transit Authority or the Metropolitan Transportation Authority, you may be able to seek substantial compensation. The operator’s negligence makes them responsible for all the harm you have incurred. You should not be on the hook for the costs of hospital stays, surgeries, lost income, or other damages.

At  Roth & Roth, we take the fight to the person or company who caused the motor vehicle accident. An experienced New York City motor vehicle accident lawyer knows how to pursue and win compensation for their clients. We take our job seriously and only charge a fee when we win you compensation. We take pride in offering compassionate service and high-quality legal work in representing each and every one of our clients.

Roth & Roth has been successfully representing individuals and families throughout the State of New York for over 25 years. We handle cases all over the state, not just the City of New York. If you or someone you know was injured or killed in New York due to someone else's wrongdoing, contact us to discuss your options. Initial consultations are always free and we never get paid unless and until you do.

After your motor vehicle accident, you should speak with an auto injury lawyer for an assessment of your case. Our team is well-versed in how to handle your claim and seek the monetary damages you're entitled to. A skilled motor vehicle attorney understands what you are going through and the pain that has been inflicted by the negligent acts of others.

First, a No-Fault application must be filed with the insurance carrier for the vehicle you occupy, or if you are a pedestrian the vehicle that struck you. Interestingly, if you are a passenger on a bus and own a vehicle or reside in a household that owns a vehicle, you file for No-Fault benefits with your own insurance carrier. No-Fault insurance covers a portion of your resulting medical bills, lost wages, transportation, and household help.  

Then, a legal document known as a complaint must be served. The complaint sets forth the basic facts of the case, the parties, and the legal theories. In New York, you do not typically make a demand for a specific dollar amount in the complaint. 

If the claim occurred due to the negligence of a City-owned vehicle or Transit-owned vehicle you must first file a notice of claim through a very specific process as a condition precedent before being permitted to commence a lawsuit. This is where many self-represented people fail to properly perfect their claims and lose them before they even start. Even some experienced lawyers do not understand the complexities of drafting and serving a notice of claim as required in a municipal motor vehicle accident case. Experience in identifying the correct municipal entity that actually owns the vehicle is also required as ownership is not always clear-cut.

To maximize the chances of a successful outcome for your motor vehicle case, you need to work with an experienced motor vehicle accident attorney. Filing a personal injury lawsuit means meeting complex legal rules, filing deadlines, and knowing the applicable law. It is crucial that you put your case in the hands of attorneys who know what they are doing and are passionate about doing it well. We truly care about our clients and are willing to fight big insurance companies, municipalities, corporations, and more to help you pursue your just compensation in your case.

Motor vehicle accidents are one of the most common types of personal injury cases out there. However, when you’re involved in an accident, it feels anything but common. This can be a traumatic experience especially when caused by another person's or company's neglect, carelessness, or even intentional wrongdoing.

Common causes of motor vehicle accidents include, but are not limited to:

  • Accidents with New York City Transit Authority and MTA buses
  • Truck accidents
  • Pedestrians and bicyclists hit by a motor vehicle
  • Rear-end accidents
  • Car, truck, and motorcycle operator negligence
  • Failing to check blind spots
  • Improper maintenance of vehicles
  • Speeding and reckless driving
  • Drunk or drugged drivers
  • Defective motor vehicle parts or tires
  • Tractor Trailers off tracking, which happens when the rear of the trailer cuts the sidewalk on a turn
  • Sideswipe accidents
  • Drivers opening doors into the lane of traffic, hitting bicyclists 

Your accident may be the result of one of these examples or countless other possibilities. If another person caused your accident, reach out to us to determine the right legal path to win your case.


What should I do after a motor vehicle accident?

After an accident, focus first on your health and the health of anyone else who was injured. Your well-being and that of your family are always the top priority. If possible, record and write down everything you remember about the accident. It is easy to forget small details after time passes, and these details could be key to a successful case. Other steps that can help include:

  • If you’re injured, immediately seek medical treatment
  • Take pictures of any vehicle or property damage
  • Take pictures of injuries and bruises
  • Keep all medical records, bills, and invoices
  • Get the other driver's insurance information, name, address, and other contact information
  • Write down the names of witnesses and get their contact information
  • Get a copy of the police report

Ultimately, we can help you with many of these steps and we will take it to the next level. Whatever you can do to help—especially right after an accident—could make a significant difference in the case later on.

What types of damages can I win in a motor vehicle collision lawsuit?

In obtaining fair compensation for you and maximizing your recovery for all the different types of damages that you are entitled to you need lawyers like Roth & Roth who have attorneys that have been handling these types of cases for 25 years. As the injured plaintiff, you are required to prove your case, but once you have you could have access to compensation for:

  • Pain and suffering 
  • Lost income from time off of work
  • Lost earning capacity if you cannot work in your old job
  • Wrongful death damages
  • Rehabilitation costs and services
  • Costs of adapting your home or vehicle for disabilities
  • Past and future medical expenses
  • Loss of companionship and support compensation
  • Property damage to your own vehicle or personal assets

These forms of monetary compensation are designed to assist you in putting your life back together. They also hold those responsible for their negligent and careless actions. Let a qualified auto injury attorney seek compensation on your behalf.

What is negligence in a motor vehicle case?

Most motor vehicle accidents cases are usually in the personal injury category. These cases typically focus on the negligence of the defendant—the person or business who caused you harm. Generally speaking, negligence occurs when:

  • The defendant had a duty of care toward you
  • The defendant was negligent and breached that duty of care through their actions or failure to act
  • This negligence  is what caused the accident
  • The defendant's negligence actually caused you injuries

Proving these elements takes a great deal of experience and skill. Your attorney must know the ins and outs of the legal system. They should be familiar with common defense tactics and how to confront them. All of this is necessary to prove negligence in your motor vehicle accident case.

What is the standard of proof for New York motor vehicle accidents?

Most motor vehicle collision cases utilize the "preponderance of the evidence" standard. The injured person must prove that their version of the facts is more likely than not to be true. Said another way, the injured person must convince the judge or jury by at least 51% that they deserve this compensation. 

While a less onerous standard of proof than the "beyond a reasonable doubt" standard used in criminal cases, it still requires substantial evidence to convince a jury. Jurors need to be educated that the burden of proof is only 51%, which is why you need a skilled attorney at trial

What evidence is commonly used to prove a motor vehicle accident case?

Common evidence used to prove motor vehicle accident cases may include:

  • Eye-witness testimony of those who saw the accident occur
  • Video or audio recordings of the accident
  • Police reports and narratives
  • Insurance reports and assessments
  • Medical bills, invoices, and costs
  • Medical testimony about injuries 
  • Economic testimony concerning lost income and earning capacity
  • Your testimony about what happened
  • The defendant's statements in depositions or at trial
  • Expert analysis of the cause of the crash

This is just a short list that represents what may be useful at trial to prove your case. So much more may be available and critical to proving your case. Our motor vehicle lawyers know what to look for and how to present it to a jury, should it come to that.

What happens if the person who caused the accident doesn't have insurance?

All too often, the person who causes your car, motorcycle, or truck accident does not even carry insurance. New York requires drivers to carry mandatory minimum insurance in the following amounts:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $10,000 for property damage per accident

Yet many people drive without auto coverage. That is why New York also requires all drivers to carry uninsured/underinsured motorist coverage. This coverage kicks in if the at-fault driver has no insurance or their insurance coverage is not enough to cover your damages. The minimum requirements  are in the following amounts:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident

Often we counsel people to get more coverage than what they currently have on their vehicle because they are not informed by their own insurance brokers that uninsured and underinsured coverage is available and should be considered to protect themselves in the unfortunate situation if an uninsured or underinsured vehicle causes a collision that results in personal injury to them or their family.

As a "no-fault" state for insurance purposes, New Yorkers are also required to carry No-Fault insurance coverage in the minimum amount of $50,000 to cover “First Party benefits” such as lost earnings and medical bills up to the amount of the coverage. In New York, excess coverage is also available and should be considered when feasible. 

How long do I have to file a motor vehicle accident lawsuit?

A No-Fault application must be filed within 30 days. 

Most motor vehicle accident lawsuits are subject to a three-year statute of limitations period under New York Civil Practice Law & Rules Section 214. You must file your claim within three years of the accident or it will be dismissed. This means compensation will be unavailable if you file late.

Claims against municipal entities like the City of New York, New York City Transit Authority, or the MTA require a notice of claim to be filed within 90 days of the accident. This notice requirement has many specific details that must be included or the claim will not be considered valid. To ensure your case is filed in time, reach out to our licensed motor vehicle lawyers as soon as possible.

Do I need a New York motor vehicle accident lawyer?

Often insurance carriers will approach unsuspecting injured people and offer low settlements to close their case within days of the incident. In fact, sometimes they provide releases for the property damage but include the bodily injuries as well and the unsuspecting injured person signs these documents without a lawyer’s advice sometimes eliminating their claims.

You are legally permitted to represent yourself in court. However, the legal process is exceedingly difficult to navigate unless you are trained and well-versed in the system. There are a multitude of statutes, rules, court procedures, evidentiary burdens, and deadlines that must be adhered to in order to obtain a successful resolution of your case. Having legal counsel with you is key to potential success in a personal injury lawsuit.

This becomes even more important when you are up against large insurance companies, the City, or even the MTA. They have powerful teams of lawyers that use whatever tactic possible to reduce or eliminate their liability—even if they are clearly at fault. They may offer extremely low settlements and pressure you into accepting. They may ask leading questions to trick you into admitting fault for the accident even if you were not responsible. It can be very difficult to do this alone—but you don't have to.

How much does a New York City motor vehicle accident attorney cost?

Our attorneys operate on a contingency fee basis. In other words, we don't get paid if you don't. We are that serious about protecting our clients’ rights, and we are that confident in the job we do. We are not here to make your life harder or charge you fees when you are struggling. Instead, we work right alongside you to seek compensation that maximizes your potential recovery. 

The skilled lawyers at Roth & Roth understand that this is often a traumatic and life-altering event. We take your case seriously and take all legal and ethical steps to protect your rights. 

After suffering injuries in a motor vehicle wreck, you deserve the full attention of an experienced legal team. You may be dealing with trauma and injuries often so painful you cannot work. Roth & Roth is here, ready, willing, and able to assist you through this difficult time. You deserve the peace of mind that competent and dedicated attorneys can provide. Whether your claim is against an insurance company, individual driver, the City, or even the MTA, we are here to help.

At  Roth & Roth, we want you to know that we understand and are here for you. We have represented countless others injured by another's negligence. We not only fight for the compensation you and your family deserve but we also do it with compassion. 

Consultations are always free and we never get paid unless and until you do. Contact us to learn more about your options. 

“Roth & Roth were very helpful. They always made me feel comfortable and at ease. They prepared me very well so I wasn’t nervous. I have recommended Roth & Roth to members of my family. And what’s more, I’m happy that even after my case was settled, they still took the time to answer any questions I had.”
Roth & Roth Client
“Roth & Roth fully prepared us during the case and put my family at ease through each step in the case. I would definitely recommend Roth & Roth to anyone who needs caring, competent attorneys who will get the best result and treat you like a person while doing so.”
Roth & Roth Client
“Roth & Roth handled my personal injury case efficiently, satisfactorily and with expertise. I was kept informed every step of the way. I appreciated their support and guidance. All calls were always returned. They were always willing to listen. I was kept apprised of everything about my case. I will recommend Roth & Roth to anyone in need of an attorney.”
Roth & Roth Client
“It was a good experience working with Roth & Roth. They cared about me and the outcome of my case. David is magnificent! Audra is sweet and caring. If I needed to call, and the person was not in, someone always got back to me. I always felt they cared about me.”
Roth & Roth Client
“Working with Roth & Roth was a wonderful experience and felt like they were like family … like my relatives. When David was busy, I spoke to Audra. When Audra was busy, I spoke to David. Everything was explained to me – and no matter how many times I asked the questions, they gave me the answers in a way I would understand.”
Roth & Roth Client
“David Roth is a hard worker. I worked with Audra when she joined the firm. Everything was explained to me and they always answered any questions I had. They were always available for me. I have some friends who looked for lawyers and I recommended Roth & Roth. I will always recommend them.”
Roth & Roth Client