New York Laws That May Affect Your Distracted Driving Collision Case
In addition to requiring no-fault insurance coverage, New York also enforces several other laws that may impact your case. Some may make you eligible for additional compensation, while others may reduce the damages for which you qualify.
Moreover, there are also statutes that place a limit on the amount of time you have to file a personal injury lawsuit. A distracted driving attorney will explain which of these laws may apply to your case to help you receive the compensation you may be entitled to.
Statutes Regarding Damages for Pain and Suffering After A Crash
In New York, no-fault insurance claims only entitle you to basic economic loss. Pain and suffering, other non-economic damages, and economic damages exceeding those permitted under no-fault are only available to those who can prove they suffered “serious injuries,” as per New York Insurance (ISC) §5102.
This statute outlines which types of injuries qualify for non-economic damages. Examples include:
- Disfigurement or dismemberment
- Loss of organ, system, or limb function
- Reduced organ, system, or limb function
- Bone fractures
- Loss of a fetus
As with securing economic compensation, you will need evidence of a qualifying injury to pursue damages for pain and suffering. This tends to include medical documentation from your doctor about the extent of your personal injuries.
New York Statute of Limitations on Personal Injury Lawsuits
It is important to understand the statute of limitations regarding personal injury lawsuits in New York if you plan to file a lawsuit.
Under New York Civil Practice Law & Rules (CVP) §214, you generally have only three years from the date of your collision caused by a distracted driver to file a lawsuit. This statute applies to all personal injury lawsuits in the state, although there are some exceptions. For instance, you must initiate a lawsuit against a municipality much sooner.
Gathering evidence, building your case, and calculating your damages will only limit your time even more. If you are unable to file before the deadline arrives, you will lose the ability to recover any additional compensation in your case.
Comparative Fault Laws
States that follow comparative fault laws, like New York, allow victims of distracted driving crashes to collect compensation even if they are partially at fault. In these cases, the percentage of fault only lowers the amount of compensation available.
As long as your level of fault for the crash remains below a certain threshold, you can still qualify for damages. A judge will determine this based on the evidence available in the case. This is why it is important to gather and provide as much evidence as possible to place fault on the other driver.