Determining the amount of money a passenger can receive following a car accident can be a complex process influenced by various factors. Passengers, unlike drivers, are typically not at fault for the accident, which can simplify their claims for compensation. Understanding your rights and the types of compensation available is crucial to ensure you receive the maximum settlement possible in your case.
If you’ve been injured as a passenger in a car accident and are seeking fair compensation, the experienced team at K L Sanchez Law Office in Queens is here to help. With a deep understanding of New York’s complex car accident laws, our Queens car accident lawyers can guide you through every step of the claims process, ensuring your rights are protected and you receive the compensation you deserve. Contact K L Sanchez Law Office today at (646) 701-7990 to schedule a free consultation and learn how we can assist you in your recovery.
Overview of Passenger Injury Claims
Understanding the potential for passenger injury claims in car accidents is crucial for anyone involved in a vehicular collision in New York. As a passenger, you have specific rights and avenues for seeking compensation that differ from those of drivers. This section will explore the importance of understanding your rights and common injuries suffered by passengers in New York car accidents.
Importance of Understanding Your Rights
In New York, passengers injured in car accidents have the right to seek compensation for their injuries. Unlike drivers, passengers are typically not at fault for the accident, which can simplify the claims process. However, it’s essential to understand that multiple parties might be liable, including the driver of the vehicle you were in, the driver of the other vehicle, or even third parties such as vehicle manufacturers or road maintenance entities.
Knowing your rights involves understanding the concept of comparative fault in New York. This means that even if you were partially at fault, you could still recover damages, though your compensation may be reduced by your percentage of fault. Being informed about these rights ensures you can effectively navigate the legal landscape and maximize your potential compensation.
Common Injuries Suffered by Passengers
Passengers in car accidents can suffer a wide range of injuries, varying in severity from minor to life-threatening. Common injuries include:
Whiplash: A frequent injury resulting from the sudden jolt of a collision, causing neck pain and stiffness.
Broken Bones: Arms, legs, ribs, and facial bones are particularly vulnerable during an accident.
Head Injuries: Concussions or traumatic brain injuries can occur from hitting your head against windows, seats, or the dashboard.
Back and Spinal Injuries: These can range from minor strains to severe spinal cord injuries, potentially leading to paralysis.
Internal Injuries: Damage to internal organs, such as the lungs, kidneys, or liver, often resulting from the impact or from being struck by objects inside the car.
Recognizing these common injuries and seeking prompt medical attention is crucial not only for your health but also for documenting your condition, which is essential for any future compensation claims. Understanding the typical injuries passengers might sustain helps to underline the importance of being aware of your rights and the legal steps available to you following an accident.
Injury Type
Approximate Frequency or Risk
Notes
Whiplash
Around 75% of survivable road accidents
Most common soft‑tissue injury in crashes
Broken Bones
Facial fractures in 50–70% of survivors
Arms, legs, ribs, and face most at risk
Head Injuries
About 17% of traumatic brain injuries from vehicle accidents
Includes concussions and TBIs
Back and Spinal Injuries
Rare but can lead to paralysis
Strains more common than severe cord damage
Internal Injuries
Often accompany chest or abdominal trauma
May occur with sternal fractures in 5–8% of blunt trauma cases
New York Car Accident Lawyer Keetick L. Sanchez
Keetick L. Sanchez, Esq.
Keetick L. Sanchez, Esq. is a dedicated New York car accident lawyer with a strong commitment to protecting the rights of injury victims. A lifelong New Yorker, Ms. Sanchez has earned a reputation as a tenacious litigator who skillfully represents clients across the five boroughs. Her legal experience spans administrative, civil, and criminal proceedings, with a sharp focus on personal injury cases such as motor vehicle accidents, slip and falls, and labor law claims.
Before earning her law degree from Touro College Jacob D. Fuchsberg Law School, Ms. Sanchez worked as a trial litigation paralegal, laying the foundation for her career as a passionate advocate. She has since litigated hundreds of injury cases, building a track record of persistence and success. With additional experience in criminal and immigration law, Ms. Sanchez brings a broad, informed perspective to every case. She is admitted to practice in all New York City courts and the State of Texas.
Legal Rights of Passengers in Car Accidents
As a passenger involved in a car accident in New York, you have distinct legal rights and avenues to seek compensation for your injuries. Understanding these rights is essential to ensure that you receive the compensation you deserve. This section will explore your right to seek compensation and the role of comparative fault in New York.
Right to Seek Compensation
Passengers injured in car accidents in New York have the legal right to seek compensation for their injuries. This right is supported by New York’s “No-Fault” insurance system, which ensures that your medical expenses and other related costs are covered regardless of who caused the accident.
In New York, every driver is required to have No-Fault Personal Injury Protection (PIP) insurance, which provides up to $50,000 in coverage for medical expenses, lost wages, and other necessary costs for injuries sustained in an accident. As a passenger, you can file a claim against the driver’s PIP insurance to cover your immediate medical costs.
Additionally, if another driver is at fault for the accident, you may also file a claim against their liability insurance. This allows you to seek compensation beyond the $50,000 limit of the PIP coverage. In cases where the at-fault driver is uninsured or cannot be located, you can rely on Uninsured Motorist Coverage to provide compensation.
Comparative Fault in New York
New York follows a comparative fault rule, which can impact the amount of compensation you receive. Comparative fault means that if you, as a passenger, are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, passengers are typically not held at fault in car accidents, making this less of a concern in most passenger injury claims.
It’s important to note that understanding comparative fault is crucial when filing a claim against multiple parties. If both the driver of your vehicle and the other driver are found to be at fault, your compensation will be allocated accordingly based on their respective percentages of fault. This nuanced approach ensures that you can seek fair compensation from all responsible parties.
Types of Compensation Available for Passengers
As a passenger involved in a car accident in New York, you are entitled to seek various types of compensation for your injuries and losses. Understanding the scope of these compensations can help you navigate your claim more effectively and ensure you receive the full benefits you are entitled to under New York law.
Medical Expenses
In New York, Personal Injury Protection (PIP) insurance covers the medical expenses of passengers injured in a car accident. This coverage includes necessary medical treatments related to the accident, such as hospital bills, doctor’s visits, surgeries, rehabilitation, and diagnostic tests. PIP provides up to $50,000 in coverage per person, ensuring that immediate medical needs are met without the need to establish fault.
Lost Wages and Loss of Earning Capacity
If your injuries from the car accident prevent you from working, PIP can also compensate for a portion of your lost income. PIP reimburses a percentage of your lost earnings, typically up to a specified limit, while you recover from your injuries. Additionally, if your injuries result in long-term or permanent disability affecting your ability to work, you may be entitled to compensation for the loss of future earning potential.
Essential Services
PIP insurance may cover expenses related to essential services you require due to your injuries. These services include childcare costs if you are unable to take care of your children and expenses for household chores such as cleaning, cooking, and other tasks that you are unable to perform due to your injuries. This ensures that you can maintain your household and care for your dependents while you recover.
Limitations on Non-Economic Damages
New York’s no-fault system places limitations on non-economic damages, such as pain and suffering, emotional distress, and inconvenience. Unlike traditional tort-based systems, where passengers can file lawsuits against the at-fault driver’s insurance company for these damages, the no-fault system requires meeting certain criteria to pursue such claims.
Threshold for Suing for Additional Compensation
To file a lawsuit for additional compensation beyond basic PIP benefits in New York, your injuries must meet a specific threshold. This threshold includes significant disfigurement, any fracture, or severe limitations in the use of a body organ, member, function, or system. Meeting these criteria allows you to pursue a lawsuit against the at-fault driver for non-economic damages and potentially receive substantial compensation, depending on the nature of the accident and the extent of your injuries. Settlements
