Bronx Car Accident Lawyer

Call us now at 718-829-7400 or 800-394-4216 for a free case evaluation. We never charge a fee until you receive compensation.

Car accidents are among the leading causes of serious injuries in New York City. Even an injury that seems minor at first can develop into a lasting medical and financial burden — through mounting medical bills, extended time away from work, and the emotional toll on you and your family. Whether you suffered serious injuries or have lost a loved one due to another driver’s negligence, the experienced Bronx car accident lawyers at the Law Offices of Thomas J. Lavin are ready to fight for the compensation you deserve.

With more than 60 combined years of experience successfully advocating for traffic collision victims throughout the Bronx, Brooklyn, and all of New York State, we understand the unique legal challenges that New York’s no-fault system creates for injured drivers and passengers. We will guide you through every step of the process and pursue the maximum compensation available for your injuries.

Do You Have a Case? New York’s Serious Injury Threshold Explained

Before pursuing a personal injury lawsuit after a car accident in New York, you need to understand one critical legal requirement: the serious injury threshold.

New York is a no-fault insurance state. Under New York’s no-fault system, your own auto insurance policy covers your initial medical expenses and a portion of your lost wages regardless of who caused the accident. However, no-fault insurance does not compensate you for pain and suffering — and it only covers medical expenses and lost wages up to its policy limits.

To step outside the no-fault system and sue the at-fault driver for pain and suffering, emotional distress, and full economic losses, you must first demonstrate that you suffered a “serious injury” as defined by New York Insurance Law Section 5102(d).

As of May 26, 2026, the qualifying categories of serious injury under §5102(d) are:

Death
Dismemberment
Significant disfigurement
A fracture
Loss of a fetus
Permanent loss of use of a body organ, member, function, or system
Permanent consequential limitation of use of a body organ or member
Significant limitation of use of a body function or system

Important 2026 Update: New York’s legislature eliminated the 90/180-day serious injury category — previously one of the most commonly used grounds for stepping outside no-fault — effective May 26, 2026 for all newly filed actions. If you were previously advised that the 90/180-day rule applied to your situation, that guidance is no longer accurate for cases filed after that date.

Determining whether your injuries meet the threshold requires a careful legal and medical analysis. It is one of the first things our attorneys will assess during your free consultation. Even if you are unsure whether your injuries qualify, contact our office — many injuries that seem borderline ultimately meet the threshold when properly documented.

Understanding New York’s No-Fault Insurance — and Its Limits

New York’s Personal Injury Protection (PIP) coverage, required for all registered vehicles in the state, provides up to $50,000 per person to cover medical expenses and 80 percent of lost wages (up to $2,000 per month) following a car accident, without regard to fault.

There are two deadlines injured drivers and passengers must meet to protect these benefits:

30-day application deadline. You must submit a no-fault benefits application to your own insurance company within 30 days of the accident. Missing this deadline can result in a denial of all no-fault benefits, even if your injuries are serious and the accident was not your fault.

Economic losses beyond $50,000. If your medical expenses and lost wages exceed the $50,000 no-fault cap — as they often do in serious construction, truck, or multi-vehicle accidents — you can pursue the excess directly against the at-fault driver regardless of whether you meet the serious injury threshold under §5104 of the Insurance Law.

Pain and suffering, emotional distress, and loss of consortium are never covered by no-fault insurance and can only be recovered through a personal injury claim against the at-fault driver — provided you meet the serious injury threshold described above.

If you are injured in a car accident while on the job, you may also be entitled to workers’ compensation benefits on top of your no-fault benefits and any third-party personal injury claim. Visit our Bronx workplace injury page to learn more about how those claims interact.

What Causes Car Accidents in New York City?

Car accidents remain a serious public safety problem throughout the Bronx and New York City. According to NYPD Motor Vehicle Collision data, there were over 94,000 reported crashes in New York City in 2023, resulting in more than 53,000 injuries and 235 fatalities. Nationally, the National Highway Traffic Safety Administration consistently identifies motor vehicle crashes as a leading cause of injury-related death and disability.

The most common causes of car accidents in the Bronx and throughout New York City include:

Distracted driving. Texting, phone calls, eating, adjusting the radio, and other distractions remain the most common cause of preventable crashes. A driver who takes their eyes off the road for even a few seconds at highway speed can travel the length of a football field without seeing what is ahead.

Speeding. Speed reduces a driver’s reaction time and dramatically increases the severity of impact. Under New York’s comparative negligence system, a driver who was speeding can be held liable even if the other driver also contributed to the crash.

Reckless driving. Tailgating, aggressive lane changes, running red lights, and weaving through traffic all constitute reckless driving. These behaviors are particularly dangerous in densely trafficked areas like the Bronx, where pedestrians and cyclists share the road with motor vehicles.

Failure to yield. Failure to yield at intersections, crosswalks, and merge points is a leading cause of T-bone collisions and pedestrian strikes.

Driving under the influence. Impaired drivers have reduced reaction times, impaired judgment, and diminished motor control. DUI accidents often produce the most serious injuries and the strongest liability cases.

Failure to properly maintain a vehicle. Brake failures, tire blowouts, and defective lighting all create hazards that can be attributable to the vehicle’s owner, a maintenance provider, or a parts manufacturer — not just the driver.

Defective road design and construction debris. Not all car accidents are caused by drivers. A poorly designed intersection, a pothole that causes a driver to lose control, or construction debris left in the travel lane can all give rise to a claim against a property owner, contractor, or government entity. If your accident involved road conditions, our premises liability attorneys can evaluate that aspect of your case.

Types of Car Accident Cases We Handle

Rear-end collisions. The most common type of crash in New York City. The driver in the rear is generally presumed to be at fault, though insurance companies will still attempt to reduce or deny claims.

Head-on collisions. Among the deadliest crash types. Head-on collisions most commonly result in catastrophic injuries including traumatic brain injury, spinal cord damage, and death.

Side-impact (T-bone) collisions. Typically occur at intersections and frequently result in serious injuries to the occupants on the struck side of the vehicle. These crashes often involve disputed fault between two drivers who each claim the right of way.

Pedestrian accidents. New York City pedestrians struck by motor vehicles frequently suffer catastrophic injuries. If you or a family member was struck while on foot, our Bronx trip and fall and pedestrian injury team has significant experience with these claims.

Bicycle accidents. Cyclists struck by motor vehicles face serious physical injuries and complicated insurance questions. New York City’s growing cycling population has been accompanied by an increase in bike-car collisions, particularly on routes without protected infrastructure.

Multi-vehicle accidents. Crashes involving three or more vehicles create complex liability questions. Our attorneys investigate thoroughly to identify every responsible party and maximize your total recovery.

Drunk driving accidents. DUI crashes often support additional punitive damages claims. We pursue every available avenue of compensation in these cases.

Truck and commercial vehicle accidents. Tractor-trailers, delivery vehicles, and commercial trucks operating under federal and state motor carrier regulations present distinct liability questions involving the driver, the trucking company, the vehicle owner, and potentially the cargo loader.

Rideshare accidents (Uber and Lyft). If you were injured in an Uber or Lyft accident — as a passenger, another driver, cyclist, or pedestrian — the insurance structure is significantly more complex than a standard auto accident. New York requires TNC carriers to provide up to $1.25 million in liability coverage when a driver is actively on a trip. However, a reduced coverage tier applies when the driver has the app on but has not yet accepted a ride, and the driver’s personal policy applies when the app is off. Sorting through which coverage applies — and fighting the insurer who denies responsibility — requires an attorney who handles rideshare cases regularly. Contact our office to discuss the facts of your Uber or Lyft accident.

Government vehicle and MTA bus accidents. If you were struck by a New York City bus, MTA vehicle, NYPD patrol car, sanitation truck, or any other government-owned vehicle, you face a deadline that is far shorter than the standard three-year statute of limitations. You must file a Notice of Claim against the city or relevant agency within 90 days of the accident. Missing this deadline typically bars your right to recover permanently — regardless of how serious your injuries are. If a government vehicle caused your accident, call our office as soon as possible.

Injuries and Damages in Bronx Car Accident Cases

Car accidents can produce a wide spectrum of injuries, from soft-tissue strains that resolve within weeks to catastrophic conditions that require lifelong medical care. The injuries our clients most commonly suffer include:

Physical injuries: Traumatic brain injuries, skull fractures, spinal cord injuries, herniated discs, broken bones, internal organ damage, lacerations, and burns. Serious spinal and brain injuries frequently require multiple surgeries, extended inpatient rehabilitation, and ongoing outpatient care — producing medical costs that can reach into the hundreds of thousands of dollars or beyond.

Emotional and psychological injuries: Anxiety, depression, and post-traumatic stress disorder are recognized, compensable injuries following a serious car accident. Psychological treatment and its associated costs are included in your damages.

Wrongful death: When a family member is killed in a car accident, surviving spouses, children, and parents may be entitled to compensation for funeral expenses, loss of financial support, and loss of companionship and guidance.

Through a successful personal injury claim, you may be entitled to recover:

Past and future medical expenses, including surgery, hospitalization, physical therapy, home care, and adaptive equipment
Lost wages and diminished future earning capacity
Pain and suffering
Emotional distress
Loss of consortium
Wrongful death damages for surviving family members

Under New York’s comparative negligence law, you can recover compensation even if you were partially at fault for the accident — your award is simply reduced by your percentage of fault. Insurance companies frequently argue comparative negligence to reduce your payout, which is one of the most important reasons to have an attorney negotiating on your behalf.

How Much Is My Bronx Car Accident Case Worth?

No attorney can honestly promise a specific outcome, and any firm that does should raise concerns. What we can tell you is that the factors that most significantly affect the value of a car accident claim in New York are:

The severity and permanency of your injuries. Injuries that require surgery, produce permanent limitations, or meet the serious injury threshold under §5102(d) generally support substantially higher recoveries than soft-tissue injuries that resolve completely.

The strength of the liability evidence. Witness accounts, surveillance footage, police reports, cell phone records, and accident reconstruction all bear on how clearly fault can be established.

The at-fault driver’s insurance coverage. Policy limits matter. Our attorneys investigate all available coverage — including underinsured and uninsured motorist coverage on your own policy — to ensure no source of compensation goes unclaimed.

The quality of your documented damages. Medical records, bills, lost wage verification, and expert testimony on future care needs all directly affect the settlement value. We help ensure your damages are fully documented from the earliest stages of your case.

Insurance companies are not neutral parties. They employ adjusters and attorneys whose job is to minimize what they pay. Common tactics include delaying the claims process to wear down injured victims, disputing the seriousness of injuries, arguing comparative fault, and presenting lowball settlement offers early before the full extent of injuries is known. Our attorneys have spent decades negotiating against these tactics, and we know how to counter them.

What to Do After a Bronx Car Accident

Get medical attention immediately. Even if you feel fine, see a doctor the same day. Some serious injuries — particularly traumatic brain injuries and internal injuries — present minimal symptoms initially and worsen significantly without treatment. A gap between the accident and your first medical visit is one of the most common arguments insurers use to minimize your claim.

Report the accident. Call the police and obtain a copy of the accident report. In New York, any accident involving injury or death must be reported.

Document everything you can. Photograph the scene, the vehicles, the road conditions, any visible injuries, and any missing or defective safety features. Collect the other driver’s name, license number, insurance information, and contact information from any witnesses.

Submit your no-fault application within 30 days. Contact your own insurance company and submit the no-fault benefits application within the 30-day deadline. Do not miss this window.

Do not speak with the other driver’s insurer or their attorney. They will attempt to get you to make statements that minimize your injuries or establish your own fault. Do not discuss the accident with them and do not sign anything. Forward all communications to your attorney.

Call the Law Offices of Thomas J. Lavin at 718-829-7400 for a free case evaluation. The sooner we can review your case, the better positioned we are to preserve evidence, meet critical deadlines, and protect your rights.

NYC Car Accident Laws and Regulations

No-fault insurance. New York requires all registered vehicle owners to carry PIP coverage providing at least $50,000 in benefits. Claims are submitted to your own insurer within 30 days of the accident and cover medical expenses and 80 percent of lost wages regardless of fault.

Comparative negligence. New York follows a pure comparative negligence standard, meaning you can recover even if you are 99 percent at fault — though your award is reduced proportionally by your share of fault. This also means the at-fault driver’s insurer will work hard to establish that you contributed to the accident.

Statute of limitations. In most car accident cases, you have three years from the date of the accident to file a personal injury lawsuit in New York. However, claims against government entities — including New York City, the MTA, and city agencies — require a Notice of Claim within 90 days of the accident, with a lawsuit filed within one year and 90 days. Claims involving minors are subject to different rules. Because the applicable deadline depends on who caused the accident and the specific circumstances, you should speak with an attorney as soon as possible after any crash.

Defective roadways and third-party liability. In some cases, a property owner, contractor, or government entity bears responsibility for road conditions that caused or contributed to your accident. These third-party claims can be pursued in addition to a claim against the at-fault driver, and they may involve additional parties and deadlines — another reason early legal consultation matters.

Why Choose the Law Offices of Thomas J. Lavin?

For more than three decades, the car accident attorneys at the Law Offices of Thomas J. Lavin have represented injured drivers, passengers, pedestrians, and cyclists throughout the Bronx, Brooklyn, Queens, Manhattan, Staten Island, Long Island, and all of New York State.

We handle the full range of auto accident cases — standard car accidents, drunk driving accidents, rideshare accidents, truck accidents, pedestrian accidents, bicycle accidents, and multi-vehicle pileups. When your accident involved conditions on someone else’s property, our slip and fall and premises liability teams work alongside your auto accident attorneys to ensure every avenue of recovery is pursued. When the accident happened while you were working, we coordinate your workers’ compensation and personal injury claims to maximize your total recovery.

We investigate your case immediately — visiting the crash site when necessary, securing physical evidence, lining up witnesses, and working with investigators to establish exactly what happened and who was responsible. We handle all communication with insurance companies so you do not have to. We negotiate aggressively, and when a fair settlement cannot be reached, we take your case to trial.

We never charge an attorney’s fee until you receive compensation.

Call us at 718-829-7400 or toll-free at 800-394-4216, or complete the form on our Contact Page to schedule your free case evaluation. The sooner you act, the better we can protect your rights.