Yes, a passenger injured in a Brooklyn car accident can generally pursue a personal injury claim when another person’s negligence caused the crash. Compensation may include medical expenses, lost income, pain and suffering, and other accident-related losses. The applicable insurance policy and circumstances of the collision will determine where the claim can be made and what compensation may be available.
Brooklyn occupies the southwestern portion of Long Island and includes neighborhoods such as Brooklyn Heights and Red Hook, along with busy commercial corridors. Its varied streets and connections to Manhattan and Queens expose passengers to different traffic conditions where collisions can occur.
When considering a claim, a car accident lawyer in Brooklyn, NY, may examine the actions of both drivers, the available insurance coverage, the passenger’s injuries, and other evidence surrounding the collision. This article explains how injured passengers can pursue compensation after a Brooklyn car accident.
Passengers Usually Do Not Have to Be at Fault
Passengers generally have little or no control over how a driver operates a vehicle. If another driver caused the collision, the passenger may have a claim against that driver’s insurance.
The situation can be different if the driver of the vehicle carrying the passenger was partly responsible. Depending on the facts and applicable insurance rules, the passenger may still have options for pursuing compensation.
Insurance Coverage Can Determine Where a Claim Is Made
A passenger injury claim may involve the insurance policy covering the vehicle in which the passenger was riding or the policy of another driver involved in the accident.
New York has specific automobile insurance requirements and rules governing personal injury protection and liability coverage. The available coverage can depend on the circumstances, including which vehicle was occupied and which parties were responsible.
Medical Records Can Support the Claim
Passengers should seek appropriate medical attention after an accident, particularly if they experience pain, dizziness, headaches, or other symptoms.
Medical records can help establish the nature of the injuries and their connection to the accident. Keep copies of medical bills, treatment records, prescriptions, diagnostic results, and information about recommended future care. Some injuries may not become obvious immediately, so monitoring symptoms and following medical advice can also be important.
Compensation May Cover Several Losses
A passenger’s claim may involve different types of damages depending on the circumstances. Potential losses can include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Property or personal losses related to the accident
The amount of compensation depends on the evidence and applicable law. Not every passenger will experience the same losses or qualify for the same damages.
Passengers May Need to Provide Information
Insurance companies may ask passengers to provide information about the accident. A passenger may need to explain where they were sitting, what they observed, and what happened before and after the collision.
It is important to provide accurate information without guessing about details that are not remembered. Photographs, witness information, accident reports, and other records can also help establish what occurred.
Shared Fault Can Still Matter
Although a passenger generally does not control the vehicle, New York’s comparative negligence rules can affect a claim when the injured person contributed to the accident or injury in some way.
New York Civil Practice Law and Rules § 1411 provides that a person’s damages can be reduced in proportion to their share of responsibility for the accident or injury. Whether comparative negligence applies depends on the facts of the individual case.
What Passengers Should Do After a Crash
A passenger can protect important evidence by reporting the accident when appropriate, obtaining medical care, keeping accident-related records, and documenting injuries and property damage.
It is also useful to preserve insurance information and contact details for the drivers and witnesses. These records may become important when determining how the accident happened and which insurance coverage may apply.
Key Takeaways
- An injured passenger can generally pursue compensation when another party’s negligence caused the accident.
- The passenger may have access to insurance coverage even when the driver of the vehicle they occupied was partly responsible.
- Medical records are important evidence of accident-related injuries.
- Compensation may include medical costs, lost income, pain and suffering, and other losses.
- New York comparative negligence rules can affect recovery in certain circumstances.
- Personal injury claims are subject to legal deadlines, with exceptions for some cases.