Millions of people are in Manhattan, NY, on most weekdays. Although many utilize public transportation like buses and trains, nearly two million people arrive in motor vehicles. The congestion often slows cars to a crawl. Most posted speed limits in the city are 25 or 30 mph.
Drivers often become understandably frustrated, and their frustration can lead to speeding. Unfortunately, speeding can cause traffic accidents that injure or kill pedestrians, cyclists and other car occupants. Cellino Law wants to help with your accident claim.
If you sustained injuries in an accident caused by a speeding motorist, you deserve fair compensation for the full extent of damages received. Your personal injury protection coverage may not be sufficient. When an accident turns your life upside down, a Cellino Law Manhattan speeding accident lawyer is here to help you make it right. We support you throughout the process, allowing you to focus on recovery and getting your life back on track.
Why Is Speeding in Manhattan so Dangerous?
Pedestrians pack Manhattan sidewalks. Traffic lanes are often full of bumper-to-bumper traffic. Cyclists may try to fit between these lanes to reach their destinations faster. This scene would be chaotic even if everyone followed the laws and speed limits, but speeding can turn chaos into catastrophe.
Pedestrians and Cyclists
Cyclists have minimal protection, and pedestrians have none. When sedans hit a pedestrian at 30 mph, 6.8% of those pedestrians suffer fatal injuries. That rate increases to 10.4% if the vehicle is a minivan, pickup truck or SUV. When speeds reach 45 mph, fatality rates rise to 22.9% and 32%.
Although pedestrians should only cross at intersections in Manhattan, not everyone follows those rules. When drivers are speeding, they’re less likely to see people who might dart in front of them. Higher speeds also mean that cars take longer to stop.
Even if cyclists and pedestrians don’t sustain fatal wounds, speeding accidents often injure them severely. Injured accident victims often face mounting medical bills and lose their income because they cannot work while recovering. This financial strain leaves many wondering how they’ll pay their bills. Cellino Law can help speeding accident victims recover compensation for their damages.
Vehicles
With so many cars packed into small areas, the likelihood of a speeding car causing multiple-vehicle accidents increases. The risk of car occupants sustaining fatal injuries is less at the slower speed limits in Manhattan, but every collision is different. The damage a crash might cause varies.
In addition to medical expenses, drivers must also deal with vehicle damage. Although New York requires drivers to obtain personal injury protection insurance, PIP policies don’t cover property damage. No-fault insurance does pay certain expenses up to policy limits regardless of who causes a car accident, but the payouts often don’t cover all accident-related costs.
What Do You Need To Know About Speeding Accidents?
In 2019, speeding contributed to traffic accidents that resulted in an estimated 326,000 injured people and 9,478 fatalities in the U.S. Traveling faster than posted limits is common across the country, in urban and rural areas. New York City is no exception.
Law enforcement issued 70,228 moving violation citations for speeding between January and June 2022 citywide, with 2,575 issued in Manhattan North and 1,709 in Manhattan South. During the same period, speeding contributed to 335 of the 8,541 traffic accidents in N.Y.C.
New York’s Speeding Penalties
The state imposes penalties for motorists driving faster than the speed limit. The law includes jail time for up to 15 or 30 days, depending on how fast the driver went, though the police don’t often impose the penalty. Fines for speeding are as follows:
- A minimum of $45 and a maximum of $150 for inappropriate speeds or up to 10 m.p.h. over the speed limit
- A minimum of $90 and a maximum of $300 for 11 to 30 m.p.h. over the limit
- A minimum of $180 and a maximum of $600 for 31 m.p.h. over the posted speed and higher
In some circumstances, speeding is a misdemeanor criminal offense. New York doesn’t set the number of miles over the speed limit that automatically makes speeding a reckless driving crime. Instead, several factors come into play, including the danger speeding presents to others and road and weather conditions.
New York law stipulates that driving behavior that jeopardizes the safety of others or impedes others from freely using the roadway is reckless driving and a misdemeanor. Law enforcement officers use their professional judgment when determining whether to issue a reckless driving citation. Statements from the attending officers, speeding tickets and misdemeanor citations can all help you prove liability, but you need more evidence than that to support your claim.
Burden of Proof
Several factors can contribute to a car collision. Speeding may be the primary or one of a few in the same accident. Regardless, it’s up to you to establish that the speeding motorist’s negligent behavior caused or contributed to the crash that injured you.
The burden of proof rests with the claimant. A Manhattan speeding accident lawyer can help you gather the evidence you need to prove the four following components:
- Duty of care
- Breach of duty
- Accident causation
- Verifiable injury
Each component is necessary, or you don’t have a case.
You must demonstrate that the other driver’s behavior was directly responsible for the accident and your injuries. Gathering the required evidence is often a frustrating process for crash victims, especially as they deal with all the impacts of the accident. A Manhattan personal injury attorney has the resources to invest in gathering proof of liability, including the following types of evidence:
- Police and accident investigation reports
- Photos and video footage from the accident scene
- Witness accounts
- Medical and mental health professional reports
- Occupational and physical therapist reports and statements
This evidence helps establish liability and the extent of your injuries. Your attorney can also help you gather documentation of medical and related expenses.
What Damages Can You Seek?
Establishing proof of liability is crucial in a speeding accident case. However, it’s almost as essential for you to understand your injuries’ full extent and impacts. Too many accident victims don’t recognize how much the accident will affect them in the future. A serious collision resulting in severe injuries can have life-long repercussions. Not all of them have a direct economic impact, though they still lead to a reduced quality of life.
Economic Damages
Injured speeding accident victims incur several expenses as a direct result of their accidents. Economic damages provide reimbursement for the costs of:
- Medical treatments
- Lost wages
- Replacement services
- Property damage
Be sure to keep your bills and receipts.
Non-Economic Damages
Injuries aren’t always physical; they can be mental and emotional too. Non-economic damages compensate for injuries such as:
- Pain and suffering
- Inconvenience
- Losing your ability to enjoy life
- PTSD, depression and anxiety
Because these things aren’t necessarily visible, they are sometimes difficult to prove. The experienced attorneys at Cellino Law will gather evidence to demonstrate how significantly they impact your life.
Punitive Damages
Few cases qualify for punitive damages. To receive them, the guilty party must have acted in specific ways. Punitive damages intend to punish the wrongdoer and make others think twice before repeating the same behaviors.
What NY Laws Impact Your Case?
Three laws significantly impact speeding accident legal claims: auto insurance, comparative negligence and statute of limitations. Together, they determine whether you can file and how much you may ultimately recover.
Auto Insurance
The state requires drivers to demonstrate a financial ability to pay for damages in an accident, which most do through auto insurance. New York’s no-fault auto insurance rule stipulates motorists must carry personal injury protection and file a claim with their insurer when they sustain injuries in an accident, no matter who is to blame. However, the $50,000 minimum coverage may not cover all economic damages and won’t pay for non-economic losses.
PIP insurance was intended to reduce legal claims and speed up the claims process. Fortunately, the law does not prohibit you from seeking compensation through a personal injury claim if your losses exceed policy limits or you suffer non-economic damages. However, you can’t file a lawsuit once you settle a claim with the insurance company.
Comparative Fault
Comparative fault affects the outcome of your case. Often, more than one person’s actions contribute to a car accident. Your percentage of liability determines how much of the damage award you receive. New York follows a pure comparative fault rule, so you have the right to recover damages, even if you are primarily at fault.
However, if you are 75% liable, the damage award is lowered by 75%. On the other hand, if you are only 15% at fault, you receive 85% of the settlement amount. A Manhattan speeding accident lawyer stands up for your rights and helps you attain the best possible outcomes.
Statute of Limitations
Waiting to file a legal claim can delay your settlement, and if you wait too long, you may not be able to file at all. The statute of limitations is a strict deadline for legal action, and N.Y. imposes a three-year time limit for most personal injury claims.
How Do You Get Started With a Manhattan Speeding Accident Lawyer?
Injured New Yorkers have relied on a Cellino law firm for competent assistance with their claims. Although many speeding accident cases settle, we will take your case to court if it’s in your best interests. We have won more than $2 billion for our clients, and we’d like to help you too.
You won’t owe us any fees unless we win compensation for you. You can contact Cellino Law 24/7 to request your free case review. We’ll assess your claim, tell you how much it’s worth and explain your options. Call us at (888) 888-8888 or submit our contact form today.