Melville, NY Aggressive Driving Accident Lawyer

Sharing the road with approximately 4,520,000 other registered vehicles in the New York City greater metropolitan region can sometimes be stressful and frustrating. However, when frustration turns to aggression, people can get hurt. In New York City, aggressive driving was a factor in 59 of 8,541 traffic accidents occurring between January and July 2022, potentially contributing to some of the 4,693 injuries and 35 fatalities from traffic accidents during those seven months.

Was another driver’s aggression a contributing factor in a traffic accident that led to injuries for you or a loved one? If so, you have the potential to pursue compensation through a personal injury legal claim. A Melville, N.Y., aggressive driving accident lawyer from Cellino Law assists you through the process, helping you understand the law and providing legal counsel and support every step.

What Are the Relevant Laws in an Aggressive Driving Accident Case?

Several New York Statutes are relevant in an aggressive driving accident. The first of these is a law that may provide evidence of liability, while the remaining impact your ability to file a personal injury lawsuit and the outcome of your claim.

Reckless Driving Statute

Aggressive driving is all too common on U.S. roadways. In 2019, an American Automobile Association Foundation for Traffic Safety survey found that 80% of drivers admitted to aggressive driving behaviors during the previous 30 days. Aggressive driving is a broad category of behaviors defined more by intent than specific actions.

New York’s reckless driving section of the Vehicle and Traffic laws may come into play for aggressive driving. The law is for reckless driving and refers to any action that creates an unreasonable interference in others’ use of the road or unreasonably endangers others. Examples of aggressive driving that may also fall within the legal parameters of reckless driving are:

  • Excessive speeding
  • Intentionally slamming on the brakes without just cause
  • Cutting another driver off
  • Tailgating
  • Weaving in and out between other vehicles

Reckless driving is a misdemeanor that results in criminal charges and penalties, potentially including jail time. If another party is charged with reckless driving in the accident that caused your injuries, it provides you with a critical piece of evidence in your case.

Personal Injury Protection

As a no-fault car insurance state, New York motorists carry personal injury protection coverage on their auto insurance policies. The only exception to the requirement is for motorcycle drivers. The law stipulates motorists must file claims for accident injuries with their own insurers regardless of fault.

PIP coverage pays for medical and rehabilitation expenses that are considered reasonable and necessary. It also covers the lesser of 80% or $2,000 per month in lost wages for three months. Most motorists have policies that meet the $50,000 minimum coverage limits for PIP insurance. If your injuries and lost wages exceed these limits, you can file a legal suit to pursue compensation.

Serious Injury Threshold

Exceeding policy limits is not the only allowance for the right to pursue a legal claim for damages in an aggressive driving accident. New York permits accident victims to file a lawsuit if their injuries meet the criteria for a serious injury. If your injuries meet one of the following, you can submit a legal claim:

  • Broken bones
  • Disfigurement or dismemberment
  • Permanent loss of function of a body part, organ or system
  • Significant limitation in use of body part, function, organ or system
  • Disability lasting 90 days or longer

A Melville, N.Y., aggressive driving accident attorney can help determine if you meet the personal injury threshold.

Non-Economic Damages

Another permissible reason for pursuing a personal injury lawsuit is if you sustained injuries that result in non-economic damages. These harms often have long-lasting repercussions but don’t have a direct monetary cost. Though money does not provide healing from these injuries, it can help you get the support you need and ease the burdens non-economic damages caused. Examples of non-economic injuries include:

  • Emotional trauma or severe mental distress
  • Physical pain and suffering
  • Loss of relationship quality
  • Loss of enjoyment of life

Insurance policies do not provide compensation for non-economic damages. To obtain a settlement that includes these losses, you must file a personal injury lawsuit.

Personal Injury Claim Statute of Limitations

Recovering from serious injuries can be a long and challenging journey. It is understandable if you don’t feel you have the emotional or mental capacity to pursue a legal claim. A Melville, N.Y., aggressive driving accident lawyer handles the bulk of the process, leaving you to focus on healing. You can’t afford to wait too long or continue to engage in ultimately fruitless arguments with the insurance company.

Like every state, New York imposes a time limit on when you can file a lawsuit. Statutes of limitations are deadlines established within the law for taking legal actions. This state’s statute of limitations for personal injury claims is three years. If you fail to file on time, you lose your opportunity to pursue a lawsuit. In all likelihood, you would be relegated to accepting the insurance company’s decision, which means it might deny your claim altogether.

Pure Comparative Fault Rule

Even if the other party received a reckless driving conviction, you do not have a given right to total compensation for your losses. You and the defense or the court may settle on a damage award, but the law requires consideration of your liability in determining what percentage of the accident was your fault.

Your portion of blame impacts how much of the damages you ultimately receive, and there is a direct relationship between the two. If you are 25% at fault, you receive 75% of the awarded damages. Fortunately, even if you are more than half at fault, you are still entitled to compensation. A Melville, N.Y., aggressive driving accident lawyer may improve your potential for more favorable outcomes.

How Does a Melville, N.Y., Aggressive Driving Accident Lawyer Help?

Aggressive driving accident lawyers provide plaintiffs with the support they need to pursue a personal injury lawsuit. Before beginning the process, Cellino Law attorneys provide a thorough, no-risk case review. We assess the facts in your case to determine if it has legal merit for a lawsuit. We don’t want you to pursue a lengthy legal process if it isn’t likely to result in an outcome that makes it worth your while.

We also think you deserve a clear picture of the challenges you might face if you opt to move forward with the lawsuit. If you retain our services, we proceed with the following steps in pursuit of a fair settlement:

  • Compiling evidence of your injuries and the other party’s liability
  • Constructing your case from the evidence
  • Filing your petition to sue
  • Communicating with the other side
  • Engaging in the negotiation process
  • Representing you should your case go to trial

Your attorney also provides legal advice throughout the process and stands up for your rights as a victim of an aggressive driving accident.

How Do You Get Started With a Melville, NY, Aggressive Driving Accident Lawyer?

If you sustained injuries in an accident caused by another party’s aggressive driving, it is a good idea to consult with a personal injury lawyer as soon as possible before filing a claim with your insurance company. Cellino Law attorneys are here for you. We understand how important it is for you to get your life back on track. Contact us right away to schedule a free case evaluation.



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  • Cellino Law is an amazing firm with a great team. I worked with Greg Pajak and his assistant, Tracey Falconer. I cannot express enough how dedicated they are. The personal attention I received was excellent; they were always available to help with questions and concerns and put me at ease in the unknown territory I found myself in. I highly recommend them to anyone needing representation. A huge thank you to them for all they accomplished for me!


  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.


  • Thank you for your help in settling the case of my father's accident. I could always count on you to answer my questions honestly and in terms I could understand. If all lawyers at Cellino Law are like you, I understand why they are an A-1 law firm.


  • Thank you for your efforts on my behalf. I am very pleased (and surprised) at the amount of the settlement. We will use the funds to help pay down the debt on the truck we had to purchase after ours was totaled. Thank you again.


  • We'd like to thank you for all the assistance and time you spent on our case. Your professionalism and honesty will always be appreciated. The staff was always courteous and we were always impressed with your accountability. Your passion and dedication will never be forgotten, nor will you.


  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.