As a passenger in a vehicle, you trust the driver to operate the vehicle safely and responsibly. However, accidents can happen even when you’re not behind the wheel. If you were a passenger in an accident in New York, you may be facing a range of physical, emotional, and financial challenges.
At Omni Injury and Accident Law, P.C., a personal injury law firm based in New York, we understand the unique concerns and questions that may arise in this situation. Contact us for a free consultation to learn what steps you can take to protect your rights and seek compensation for your injuries and losses.
Your Rights as a Passenger
As a passenger in a vehicle involved in an accident, you have the right to seek compensation for your injuries and losses, regardless of who was at fault for the accident. This is because New York is a “no-fault” insurance state, which means that injured parties can seek benefits from their own insurance company or the insurance company of the vehicle they were riding in, without having to prove fault.
Under New York’s no-fault system, you may be entitled to benefits such as medical expenses, lost wages, out-of-pocket expenses (e.g., transportation to medical appointments), and household assistance (if your injuries prevent you from performing certain tasks). These benefits are available regardless of whether you were riding in a private vehicle, a taxi, or a rideshare vehicle such as Uber or Lyft.
Pursuing Additional Compensation
While no-fault benefits can provide important financial support after an accident, they may not be enough to fully compensate you for your losses, particularly if you’ve suffered serious or long-term injuries. In these cases, you may have the option of pursuing additional compensation through a personal injury lawsuit against the at-fault party or parties.
To pursue a personal injury lawsuit in New York, you must be able to demonstrate that you suffered a “serious injury” as defined by state law. This may include:
- Significant disfigurement
- Bone fracture
- Permanent limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Substantially full disability for 90 days
If your injuries meet one of these thresholds, you may be able to seek compensation for damages such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Future medical expenses
- Future lost earnings
Determining Liability
To pursue a personal injury lawsuit as a passenger, it’s important to determine who was at fault for the accident. In some cases, this may be straightforward, such as when the driver of another vehicle runs a red light and hits the vehicle you were riding in. In other cases, liability may be more complex, such as when multiple parties share fault for the accident.
That’s where the experienced personal injury attorneys at Omni Injury and Accident Law, P.C. can help. We can investigate the accident, gather evidence to support your claim, and identify all potential sources of liability, including:
- The driver of the vehicle you were riding in
- The driver of another vehicle involved in the accident
- The manufacturer of a defective vehicle or vehicle part
- A government entity responsible for maintaining safe road conditions
We can also negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your injuries and losses.
What to Do If You Were a Passenger in an Accident
If you were a passenger in an accident in New York, it’s important to take the following steps to protect your rights and support your claim:
- Seek medical attention as soon as possible, even if your injuries seem minor
- Report the accident to the police and obtain a copy of the accident report
- Gather contact and insurance information from all drivers involved in the accident
- Take photos of the accident scene, damage to the vehicles, and any visible injuries
- Keep track of all medical expenses, lost wages, and other losses related to the accident
- Contact a knowledgeable personal injury attorney to discuss your legal options
At Omni Injury and Accident Law, P.C., we’re committed to helping passengers who have been injured in accidents in New York. We offer free consultations and work on a contingency fee basis, which means you won’t owe us anything unless we recover compensation for you. Contact us today at 646-503-0404 to schedule a consultation with one of our experienced personal injury attorneys and learn more about how we can help you during this challenging time.