Types of Car Accidents in New York

Car accidents happen every day in New York, from minor fender benders to devastating collisions that lead to permanent injuries or death. These accidents occur in all types of environments, whether it’s a crowded city intersection, a suburban road, or a rural highway. While the circumstances of each crash may differ, many fall into common categories such as rear-end collisions, T-bone accidents, sideswipes, rollovers, and pedestrian or bicycle crashes.

Despite the differences in how these accidents happen, the one factor they often share is negligence. In most cases, someone failed to follow traffic laws, pay attention, or take reasonable steps to avoid harming others. Whether it's a driver texting behind the wheel, a motorist speeding through an intersection, or a trucking company ignoring maintenance requirements, negligence is usually the cause.

Understanding what kind of accident occurred and who was at fault is an important step toward seeking compensation. If you or a loved one was injured in any type of vehicle collision, it’s important to take legal action quickly. Speak with an experienced New York car accident lawyer to evaluate your options, gather evidence, and pursue the recovery you are entitled to under the law.

Car accidents happen in many different ways, from crashes in busy intersections to collisions on highways and quiet neighborhood streets. The specific type of accident can affect who is legally responsible and how serious the injuries are. Here are the most common types of car accidents seen across New York:

• Rear-End Collisions. Rear-end crashes happen when one vehicle strikes the back of another, often due to tailgating or distracted driving. In New York, the trailing driver is usually presumed to be at fault, though that presumption can be rebutted with evidence of a sudden or improper stop.

  In Martinez v. Colonna, 2024 NY Slip Op 05971 (2d Dept), the plaintiff was injured when his vehicle, stopped at an intersection, was struck from behind by a vehicle driven by the defendant. The plaintiff moved for summary judgment, asserting that the rear-end collision established a prima facie case of negligence under Vehicle and Traffic Law § 1129(a). The Appellate Division affirmed summary judgment on the issue of liability, finding the defendant failed to provide a nonnegligent explanation for the rear-end impact. However, the court modified the order to reinstate the defendants’ comparative negligence defense, holding that there was a triable issue as to whether the plaintiff stopped suddenly without reason. The case illustrates that while rear-end collisions generally imply negligence by the rear driver, comparative fault may still be considered.

• Head-On Collisions. These collisions involve vehicles striking each other front to front, often on undivided highways or due to wrong-way driving. They are likely to result in severe or fatal injuries because of the combined speed of impact.

• T-Bone Accidents (Side-Impact Collisions). T-bone crashes occur when one vehicle strikes the side of another, often in intersections where a driver fails to yield or runs a red light. The limited protection on the sides of vehicles makes these accidents particularly dangerous.

  In Senior v. Bailon, Index No. 52535/2020 (Sup Ct, Westchester County), the plaintiffs were injured in a T-bone accident at the intersection of Commerce Street and Stevens Avenue. The front of the plaintiffs’ vehicle struck the side of the defendants’ vehicle near the center of the intersection. Plaintiffs claimed they entered the intersection on a green light, while the defendant ran a red light and appeared intoxicated. The defendant countered that she had a yellow light and that plaintiffs entered the intersection at high speed. Due to conflicting accounts and questions about comparative fault, the court denied the plaintiffs’ motion for partial summary judgment on liability. The case demonstrates how T-bone accidents often result in disputed liability and that even if one party alleges clear fault, factual inconsistencies may prevent summary judgment before trial.

• Sideswipe Accidents. A sideswipe occurs when the sides of two vehicles come into contact, often during a lane change. These accidents can happen at low speeds but still cause significant loss of control, leading to further collisions or roadside impacts. In many cases, it is not immediately clear which driver was at fault, and determining liability often depends on eyewitness accounts, damage patterns, and traffic laws.
  
  In Carlos v. Lall, 2011 NY Slip Op 51103(U) (Sup Ct, Queens County 2011), the plaintiff, Richard Carlos, was injured in a sideswipe accident on the New York State Thruway while riding as a passenger. The vehicle he was in attempted to merge into the center lane and was struck along the rear passenger side by a car driven by Mahindra Lall. The court granted summary judgment in favor of Lall, finding that he was not negligent and that the other driver’s unsafe lane change violated Vehicle and Traffic Law § 1128(a), making her solely responsible for the crash.
• Multi-Vehicle Pileups. These accidents involve three or more vehicles, often in a chain reaction. Common in poor weather or high-traffic conditions, pileups raise complex questions about fault and may involve multiple parties.
• Hit-and-Run Accidents. These accidents involve drivers who leave the scene without providing identification or helping the injured. If the at-fault driver cannot be identified, victims may be eligible to recover compensation through uninsured motorist coverage or the Motor Vehicle Accident Indemnification Corporation (MVAIC). In Hunter v. Motor Veh. Acc. Indem. Corp., 2025 NY Slip Op 00552 (4th Dept), the plaintiff alleged she was hit by an unidentified driver while walking in the road at night. The court denied her motion for summary judgment, pointing to inconsistencies in her statements and raising questions about the driver's fault and the plaintiff’s own conduct, including walking with traffic in dark clothing. The decision highlights that in hit-and-run cases involving pedestrians, liability is often contested and may depend on credibility and circumstances. Still, under New York's comparative negligence rule, even if the plaintiff is found partly at fault, she may still recover a reduced portion of her damages.
• Single-Vehicle Accidents. Single-vehicle crashes involve only one car and may result from poor road conditions, evasive maneuvers, or mechanical failure. Liability can sometimes rest with a municipality, manufacturer, or another negligent driver.
• Pedestrian Accidents. Drivers may be liable for injuries to pedestrians if they fail to yield, speed, or ignore traffic signals. Pedestrian injuries are often severe due to the lack of protection.
• Commercial Vehicle Accidents. Collisions involving trucks, delivery vans, or buses may involve complex liability issues, including employer responsibility and federal safety rule violations. These vehicles are often heavier and can cause significant damage.
• Rollover Accidents. Rollover crashes occur when a vehicle tips onto its side or roof, often due to sharp turns, side impacts, or tire failures. SUVs and trucks are particularly susceptible because of their higher center of gravity. Liability in rollover accidents depends on the cause. If the rollover occurred due to a design or manufacturing defect, a product liability claim may be brought. If road defects contributed, a claim may be made against a municipality, provided prior written notice exists under General Municipal Law § 50-e and relevant local ordinances.
• Phantom Vehicle Accidents. These involve another driver causing a crash without actual contact, such as swerving into a lane and forcing another driver off the road. Victims may still pursue compensation under their uninsured motorist policy if fault can be proven. In phantom vehicle accidents, physical contact is not required to pursue an uninsured motorist claim under New York law. However, victims must usually provide corroborating evidence, such as an independent witness or physical proof of evasive action caused by another driver.

No matter what type of accident you were involved in, determining who is at fault and what compensation may be available requires a careful review of the facts. Liability often depends on small details that can make a big difference in your case. If you were injured in a crash, contact an experienced New York car accident lawyer to discuss your legal options and protect your rights.

Ride-share services like Uber and Lyft follow specific insurance rules in New York that depend on whether the driver was using the app at the time of the accident. Coverage varies based on what stage the ride-share trip was in.

• App off: The driver’s personal auto insurance policy applies. No ride-share coverage is triggered when the app is off. See VTL § 1693(1)(a).
• App on, no ride accepted: Limited commercial coverage from the ride-share company may apply, usually as secondary coverage. This includes minimums of $75,000 for bodily injury per person and $150,000 per accident. See VTL § 1693(1)(b).
• Ride accepted or passenger onboard: Full commercial coverage from the ride-share company is typically available. This includes at least $1,250,000 in liability coverage. See VTL § 1693(1)(c).

Depending on the facts, a claim may be brought against the ride-share driver, the ride-share company, or both.

Determining fault after a car accident in New York is based on evidence that shows which party acted negligently or violated traffic laws. Fault is not always obvious, and insurance companies often dispute liability to avoid paying claims. To prove who was responsible, a detailed investigation is necessary, and the outcome may affect whether you are eligible for compensation beyond no-fault benefits.

Key evidence used to determine fault includes:

• Police Reports: Officers who respond to the scene typically file a report with their observations, statements from drivers and witnesses, and preliminary findings about who may be at fault.
• Photographs and Videos: Pictures of vehicle damage, road conditions, traffic signs, and skid marks help show how the accident occurred. Surveillance footage or dashcam video can also be powerful evidence.
• Witness Statements: Independent witnesses can provide unbiased accounts of what happened before and during the crash.
• Traffic Camera Footage: In urban areas, traffic cameras at intersections may capture the moment of impact or show whether a driver ran a red light or failed to yield.
• Vehicle Black Box Data: Many vehicles have event data recorders that track speed, braking, and other pre-crash activity.
• Expert Testimony: Accident reconstruction experts may be used to analyze the evidence and recreate how the collision occurred.

In some cases, both drivers may share responsibility for the accident. Under New York’s pure comparative negligence rule (CPLR § 1411), you can still recover damages even if you were partly at fault. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are awarded $100,000 but are found to be 30% at fault, your recovery would be reduced to $70,000. There is no cutoff point. Unlike many other states, New York follows a pure comparative fault system, meaning that even if you were 99% at fault, you may still recover the remaining 1% in damages awarded. Because fault directly affects how much compensation you receive, it is critical to have an experienced New York car accident lawyer evaluate the evidence and advocate on your behalf.

New York follows a no-fault insurance system, as outlined in Insurance Law Article 51. Under this system, individuals injured in motor vehicle accidents are typically compensated by their own insurance companies, regardless of who was at fault. This coverage applies to medical expenses, lost income, and certain daily costs.

Covered benefits include:

• Medical expenses for necessary treatment
• Lost earnings of up to $2,000 per month for up to three years
• Daily expenses up to $25 for up to one year

However, the no-fault system does not provide compensation for pain and suffering or other non-economic damages. To recover those damages through a lawsuit, the injured party must satisfy the “serious injury” threshold defined in Insurance Law § 5102(d). Serious injuries include conditions such as death, dismemberment, significant disfigurement, fracture, loss of a fetus, or a medically determined injury that prevents normal daily activities for at least 90 of the first 180 days following the accident.

If you have questions about whether your injury qualifies or how to protect your right to full compensation, contact an experienced New York car accident lawyer today.

If you were injured in a car accident and your injuries meet New York’s serious injury threshold under Insurance Law § 5102(d), you may be entitled to recover a wide range of damages. These damages are meant to cover both the economic and non-economic impact the accident has had on your life. The specific compensation available depends on the details of your case.

• Medical expenses. You can recover the cost of past and future medical treatment related to your injuries. This includes hospital bills, surgeries, physical therapy, prescriptions, and necessary medical equipment.
• Lost wages. If your injuries caused you to miss work, you may claim compensation for the income you lost during your recovery. This includes both full-time and part-time employment as well as freelance or contract work.
• Reduced earning capacity. If your injuries permanently affect your ability to work, you may be entitled to damages for lost future earnings. This often applies in cases involving long-term disabilities or impairments.
• Pain and suffering. These damages compensate you for the physical pain and emotional distress caused by the accident. They are only available if your injuries meet the serious injury threshold.
• Property damage. You can recover the cost to repair or replace your vehicle and any other personal property damaged in the crash. This may also include damage to items inside the vehicle at the time of the accident.
• Out-of-pocket costs. This includes transportation to medical appointments, over-the-counter medications, home modifications, and hiring help for household tasks you can no longer perform. Keep receipts and documentation to support these claims.
• Wrongful death damages (for surviving families). If a loved one died in the accident, their family may be eligible to recover funeral costs, medical bills incurred before death, and compensation for lost financial support. These claims are governed by EPTL § 5-4.1.

The value of your case depends on the nature and severity of your injuries, the available insurance coverage, and how the accident has affected your life. Pursuing full compensation often requires careful documentation and legal guidance. To learn more about your rights, speak with an experienced New York car accident lawyer who can help you navigate the claims process.

In New York, there are strict deadlines for filing a lawsuit after a car accident. These time limits are known as statutes of limitations. If you miss the deadline, you may lose your right to seek compensation. Key deadlines include:

• Personal Injury: You have 3 years from the date of the accident to file a lawsuit for bodily injuries. See CPLR § 214(5).
• Property Damage: You have 3 years to sue for vehicle or property damage. This is also governed by CPLR § 214(4).
• Wrongful Death: If the accident resulted in death, the estate has 2 years from the date of death to bring a claim. See EPTL § 5-4.1.
• Claims Against Municipalities: A Notice of Claim must be filed within 90 days of the accident. See GML § 50-e.

Car accidents can occur in various ways, each resulting in unique injuries and damages. Factors such as the severity of injuries, medical expenses, lost wages, property damage, pain and suffering, and comparative negligence all play a role in determining the worth of a car accident claim. It is important to seek the guidance of experienced legal professionals who can assess your case, protect your rights, and help you navigate the legal process to secure the compensation you deserve. Contact an experienced car accident attorney serving New York at Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.