Common Car Accident Injuries in New York

Car accidents are a daily reality in New York. According to the New York State Department of Motor Vehicles, more than 100,000 motor vehicle crashes involving injuries occur each year across the state. These incidents take place on highways, local streets, and rural roads, often with severe consequences for those involved. Many people suffer physical harm such as broken bones, head injuries, or spinal damage that may require long-term treatment or rehabilitation.

Beyond the physical injuries, the financial impact can be overwhelming. Victims often face high medical bills, the cost of ongoing therapy, and expenses for assistive devices or home modifications. In many cases, people are forced to take extended time off work—or are unable to return to work at all—leading to a significant loss of income. Even with insurance, the costs associated with a serious injury can quickly exceed available coverage.

The emotional and psychological effects of a car accident can also be long-lasting, adding to the burden faced by injured individuals and their families. Recovery is often a slow and difficult process, both physically and financially.

If you or a loved one has been injured in a car accident in New York, it is important to understand your rights and options. Contact an experienced New York car accident lawyer to find out how to protect your interests and seek fair compensation.

New York follows a no-fault insurance system. This means that most people involved in car accidents must first turn to their own insurance coverage for payment of medical bills and lost wages, regardless of who caused the accident. This is governed by New York Insurance Law §5102.

Under this law, basic economic loss includes up to $50,000 per person for:

• Medical expenses
• Lost wages (up to $2,000 per month for up to three years)
• Other necessary costs (up to $25 per day for up to one year)

However, if someone suffers what the law defines as a "serious injury," they may step outside the no-fault system and file a personal injury lawsuit against the person responsible for the accident.

Not all injuries from car accidents qualify for a lawsuit under New York law. To step outside the no-fault system and seek additional compensation, the injury must meet the legal definition of a “serious injury.” Insurance Law §5102(d) defines a serious injury as one of the following:

• Death
• Dismemberment
• Significant disfigurement
• 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
• A medically determined injury that prevents the person from performing usual daily activities for at least 90 of the 180 days immediately following the accident

To sue for damages beyond no-fault benefits, an injured person must show they meet one of these definitions. Objective medical evidence is required.

Meeting the serious injury threshold is often the key to recovering full compensation after a car accident. Because insurance companies frequently challenge whether an injury meets this standard, detailed medical documentation and legal guidance are critical. An experienced New York car accident lawyer can help evaluate your claim, gather the necessary evidence, and advocate on your behalf.

Car crashes can cause many different injuries. Some are obvious at the scene. Others may take days or weeks to appear. The following are the most frequently reported injuries after vehicle collisions in New York.

• Head and Brain Injuries. When a person hits their head on a dashboard, window, or steering wheel, or if the head is shaken violently, it can lead to a traumatic brain injury (TBI). TBIs range from mild concussions to severe brain damage.
• Traumatic Brain Injuries (TBIs). Symptoms may include confusion, loss of consciousness, headaches, memory problems, nausea, and light sensitivity. TBIs are not always visible on a CT scan. Neuropsychological testing may be needed to assess cognitive issues. In Pommells v. Perez, 4 N.Y.3d 566 (2005), the New York Court of Appeals highlighted the role of objective medical evidence in car accident cases involving traumatic brain injuries and other soft-tissue claims. The Court explained that showing a herniated disc or reporting physical symptoms is not enough to meet the serious injury threshold under Insurance Law § 5102(d) without reliable medical proof. In this case, the plaintiff failed to explain a lengthy gap in treatment and did not address how a later kidney condition may have affected his injuries. The Court affirmed dismissal of the claim, stating that plaintiffs must provide clear medical documentation and expert opinions that connect their injuries to the accident in order to proceed with a lawsuit.
• Concussions. Concussions are common in rear-end accidents and may happen even without a direct blow to the head. Symptoms include difficulty concentrating, dizziness, and fatigue. Recovery may take days or months.

• Neck Injuries. The most common neck injury in car accidents is whiplash, which occurs when the head suddenly jerks back and forth, straining the muscles, ligaments, and tendons in the neck. Symptoms of whiplash may include neck pain, stiffness, headaches, shoulder pain, and limited range of motion. In more severe cases, whiplash can lead to cervical disc injuries, which may be visible on MRI scans. Treatment often involves physical therapy, pain management, and sometimes additional diagnostic testing to assess the extent of damage.

  To succeed in a car accident claim involving whiplash, it is important to present clear and objective medical evidence. In Hubert v. Tripaldi, 307 A.D.2d 692, 763 N.Y.S.2d 218 (3d Dep’t 2003), the plaintiff was rear-ended while stopped at a red light and later diagnosed with posterior joint syndrome, a type of whiplash injury. He received extensive treatment including spinal injections and radiofrequency denervations and was unable to return to work for an extended period. The defendants’ expert failed to address the course of treatment or explain the causal connection between the accident and the injury. The court found the expert’s opinion insufficient and upheld the denial of summary judgment, concluding that the defendants did not meet their burden under Insurance Law § 5102(d).

• Spinal Cord Injuries. Damage to the spinal cord can lead to partial or complete paralysis. The higher on the spine the injury occurs, the more areas of the body it may affect. A complete spinal cord injury results in no movement or feeling below the site of the injury, while an incomplete injury means that some level of function remains. Common symptoms include loss of movement, numbness, difficulty breathing, and problems with bladder or bowel control. Individuals with spinal cord injuries often require surgery, rehabilitation, and long-term medical care. These injuries are typically considered serious under New York Insurance Law § 5102(d), allowing victims to pursue claims beyond basic no-fault benefits.
• Broken Bones and Fractures. Fractures happen when the body strikes the vehicle interior or is compressed during impact. Common fracture sites include arms, legs, ribs, hips, and facial bones. Some breaks are simple and heal with a cast. Others require surgery and hardware. Fractures are listed under the serious injury categories in Insurance Law §5102(d).
• Soft Tissue Injuries. Soft tissue injuries involve damage to muscles, tendons, and ligaments, and are common in car accidents. These injuries include sprains, which affect ligaments; strains, which involve muscles or tendons; and contusions, which are deep bruises caused by impact. Although they may not appear on imaging tests like X-rays or MRIs, soft tissue injuries can result in significant pain and mobility issues. Courts often look for objective medical evidence of functional limitations, especially in cases that rely on the 90/180-day category under New York Insurance Law § 5102(d).
• Internal Injuries. Some of the most dangerous injuries sustained in car accidents are internal and may not show signs immediately after the crash. Common internal injuries include bleeding in the abdomen, lung punctures caused by broken ribs, and organ damage affecting the liver, spleen, or kidneys. These injuries often require urgent medical attention. Without prompt diagnosis and treatment, internal injuries can result in permanent damage or even death.
• Amputations. Severe car crashes may result in limbs being severed or crushed at the scene. In other cases, a limb may need to be surgically removed later due to complications such as infection or irreparable damage. Recovery from an amputation often involves the use of prosthetics, ongoing physical therapy, and psychological support to help the individual adjust. Amputations are considered dismemberment under New York’s serious injury threshold.
• Burn Injuries. Burns from fires, hot liquids, or chemicals are possible in car accidents and can vary in severity. First-degree burns typically cause redness and pain, second-degree burns may lead to blisters and swelling, and third-degree burns involve deep tissue damage and skin loss. Severe burns can result in permanent scarring or impaired physical function. When burns cause significant disfigurement, they may meet the serious injury threshold under New York law.

Note also that there is a rule known as the “eggshell plaintiff” rule that can be applied regardless of the type of injury. If a person has an existing injury or medical condition, a car accident can make it worse. Under the “eggshell plaintiff” rule, a defendant is legally responsible for the victim’s injuries even if the victim was more vulnerable due to a pre-existing issue. Conditions commonly worsened by crashes include back injuries, arthritis, and degenerative disc disease. To prove that a condition was aggravated by the accident, it is important to present medical records that document the person’s health both before and after the collision.

In Dirks v. Savage, 2014 NY Slip Op 30689(U) (Sup. Ct. N.Y. Cty. 2014), the plaintiff alleged that a crash worsened her chronic conditions, including rotator cuff injuries. Although defendants claimed the symptoms were unrelated to the accident, the court ruled that the plaintiff presented enough medical evidence to create factual questions about whether the accident caused or aggravated her condition. The court applied the eggshell plaintiff principle and allowed her shoulder injury claims to move forward.

If your injury qualifies under the serious injury definition in New York Insurance Law § 5102(d), you can file a lawsuit against the at-fault driver to recover damages beyond basic no-fault benefits. Common forms of negligence that may support a personal injury claim include:

• Distracted driving: This includes texting, using a GPS, eating, adjusting the radio, or any other behavior that diverts a driver’s attention from the road. Even a brief distraction can lead to a serious crash with long-term consequences for those involved.
• Running red lights: Drivers who ignore traffic signals put others at risk, especially at busy intersections. These violations often lead to T-bone or side-impact collisions that can cause broken bones, brain injuries, and other significant harm.
• Speeding: Driving over the speed limit or too fast for weather or traffic conditions reduces a driver’s ability to stop or react in time. Speeding increases the force of impact during a collision, which can make injuries more severe and lead to long recovery periods.
• Drunk driving: Operating a vehicle under the influence of alcohol or drugs is one of the most dangerous forms of negligent driving. Drunk drivers have impaired judgment and slower reaction times, increasing the likelihood of high-impact crashes. These cases may also involve claims for punitive damages due to the reckless nature of the conduct.

If you were hurt in a crash caused by someone else's careless or reckless driving, you may have the right to pursue compensation through a personal injury lawsuit. To succeed, you must show that the other driver's negligence directly caused your injuries and that your injuries meet the serious injury threshold. This process often involves gathering medical records, accident reports, and expert testimony. To protect your rights and build a strong case, contact an experienced New York car accident lawyer as soon as possible.

If you meet New York’s serious injury threshold, you may be entitled to compensation beyond what no-fault insurance covers. The following types of damages are commonly awarded in car accident lawsuits:

• Medical bills (past and future): This includes hospital stays, surgeries, medications, physical therapy, and any future treatments you are expected to need. Detailed documentation from your healthcare providers is key to supporting these claims.
• Lost wages: If your injuries forced you to take time off work, you may be compensated for the income you lost. Pay stubs and employer verification can help show how much time you missed.
• Reduced earning ability: If your injury affects your ability to perform your job or limits your career opportunities, you may recover for lost future earnings. Expert testimony from a vocational or economic expert may be necessary.
• Pain and suffering: This refers to the physical pain and emotional distress caused by the accident and its aftermath. Courts often consider the severity and duration of your injury when determining the value of this category.
• Loss of enjoyment of life: You may be compensated if your injury keeps you from doing activities you once enjoyed. This can include hobbies, exercise, social events, or time with family.
• Home care or therapy needs: If your injuries require in-home assistance, rehabilitation, or long-term therapy, these costs may be recoverable. A treatment plan and professional recommendations help support this part of your claim.

In cases involving death, surviving family members may recover compensation for funeral expenses, lost financial support, and loss of companionship. A wrongful death claim helps ensure the family receives financial justice for their loss.

Insurance companies often try to downplay injuries or deny liability. To strengthen your case and protect your right to compensation, it is important to gather and present clear, well-documented evidence.

• Hospital records: These records show that you received medical attention after the accident and help link your injuries to the crash. They can also reveal the severity and immediate treatment of your condition.
• Diagnostic images (MRI, X-ray): Imaging provides objective proof of physical injuries such as fractures, disc herniations, or internal damage. These results are often used to support your claim for serious injury under New York law.
• Treatment plans: A documented plan from your doctor outlines the medical care you will need moving forward. It also helps support a claim for future medical expenses.
• Doctor statements: Written opinions from your treating physicians can establish causation and explain the impact of your injuries. Courts give weight to expert medical opinions that are detailed and supported by exam results.
• Employment records: Pay stubs, tax forms, and employer letters help demonstrate income you lost due to your injuries. These records are key to recovering lost wages and reduced earning capacity.
• Mental health records (if applicable): If the accident caused psychological trauma, therapy notes and psychiatric evaluations can support your claim. This documentation is especially important in cases involving PTSD or depression.

In some cases, expert witnesses such as doctors, mental health professionals, and vocational experts may testify to explain the long-term effects of your injuries. Their input can be valuable when proving damages at trial or during settlement negotiations.

In New York, most car accident injury lawsuits must be filed within three years of the date of the accident. This is the statute of limitations established by CPLR §214. If you miss this deadline, your case will likely be dismissed, and you may lose your right to compensation.

There are shorter time limits for specific types of cases:

• Claims against a government defendant: If your accident involved a city or state-operated vehicle or a public agency like the MTA or NYPD, you must file a Notice of Claim within 90 days and a lawsuit within one year and 90 days.
• Wrongful death claims: If someone dies from their injuries, surviving family members have two years from the date of death to bring a wrongful death lawsuit (EPTL §5-4.1).

Failing to file within the applicable statute of limitations will almost always result in dismissal of your case. To avoid missing critical deadlines, contact an experienced New York car accident lawyer as soon as possible. Early legal guidance can help protect your rights and preserve your ability to recover damages.

In Jordan v. Ford Motor Co., 73 A.D.2d 422 (4th Dep’t 1980), the plaintiff filed suit over a decade after suffering severe burns in a 1968 car fire, alleging the Mercury Comet’s fuel tank was defectively designed. Ford moved to dismiss, arguing that the claims were time-barred: negligence and products liability under CPLR § 214(5)’s three-year limit, and breach of warranty under UCC § 2-725’s four-year limit. Plaintiff argued for equitable estoppel, claiming Ford concealed the defect. The court rejected this, finding no misrepresentation or special duty to disclose. This case highlights the importance of identifying all potential defendants early and filing within the statute of limitations. Working with an experienced New York car accident lawyer can help preserve your rights and avoid procedural dismissal.

Car accident cases can involve complex legal issues, detailed medical evidence, and difficult negotiations with insurance companies. Working with an experienced car accident attorney serving New York can make a significant difference in your outcome. At Stephen Bilkis & Associates, we can help you:

• Investigate the circumstances of the accident and collect evidence
• Organize and review your medical records and reports
• Consult with expert witnesses to support your claims
• Handle all communication with insurance adjusters
• Ensure that all legal filings are completed accurately and on time
• Represent you in court if a fair settlement cannot be reached

Contact Stephen Bilkis & Associates today at 800.696.9529 to schedule a free, no-obligation consultation. We serve clients throughout New York City, Long Island, Westchester County, and surrounding areas, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County.