Navigating the Aftermath: What to Do After a Car Accident on the Long Island Expressway

Navigating the Aftermath: What to Do After a Car Accident on the Long Island Expressway

The Long Island Expressway (LIE), also known as Interstate 495, is a major artery for commuters and travelers alike. However, its high traffic volume and often congested conditions contribute to a significant number of car accidents. In fact, the LIE recorded 37,770 crashes between 2012 and 2023. Being involved in a car accident can be a disorienting and stressful experience. Knowing the proper steps to take in the aftermath can not only protect your safety but also safeguard your legal rights.

Immediate Actions: Prioritizing Safety and Documentation

  1. Ensure Safety and Call 911: Your immediate priority should be your safety and the safety of others involved. Check for injuries and call 911, even if injuries appear minor. Some injuries, like concussions or internal bleeding, may not be immediately apparent. Emergency responders can provide medical assistance and create an official accident report, which is crucial for insurance claims. Be sure to report the mile markers, direction, and nearest exit to the 911 dispatcher.

  2. Move to Safety (If Possible): If your vehicle is drivable and it’s safe to do so, move it to the shoulder of the road or a nearby parking lot. This prevents further accidents and keeps traffic flowing. Activate your hazard lights to alert other drivers. However, if the crash is severe, involves injuries, or you’re unsure about the safety of moving the vehicles, leave them as they are and await the police.

  3. Document the Scene: Gather as much information as possible at the scene.

    • Photos: Capture photos of all vehicles involved, their positions, damage, license plates, tire marks, and any debris. Also, photograph the overall scene, including weather conditions, lighting, and any construction zones.
    • Information Exchange: Exchange names, phone numbers, driver’s license numbers, vehicle registration details, and insurance information with all involved drivers.
    • Witness Information: Obtain contact information from any witnesses to the accident. Their testimony can be valuable in determining fault.
    • Police Report: Get the responding officer’s name and precinct. Ask how to obtain a copy of the police report (MV-104A).

Reporting the Accident and Protecting Your Claim

  1. Report the Accident: New York law requires you to report any car accident to the Department of Motor Vehicles (DMV) within 10 days if it involves injury, death, or property damage exceeding $1,000. File form MV-104. Failure to report can lead to license suspension.

  2. Notify Your Insurance Company: Contact your auto insurer as soon as possible, ideally within 24 hours. Provide only factual information about the accident’s location, time, and vehicles involved. Avoid speculating about fault or the extent of damages. Start a no-fault claim to cover medical expenses and lost wages.

  3. Seek Medical Attention: Even if you feel fine immediately after the accident, seek medical attention. Adrenaline can mask pain, and some injuries may not manifest symptoms right away. Document all medical treatments and keep records of all related expenses.

  4. Consult with a Long Island Car Accident Lawyer: Navigating the legal complexities following a car accident can be challenging. A Long Island car accident lawyer can protect your rights and help you pursue fair compensation for your injuries and damages.

New York’s No-Fault Insurance System

New York is a no-fault insurance state, meaning that regardless of who caused the accident, your own insurance policy (Personal Injury Protection or PIP) will cover your medical expenses and lost wages, up to policy limits. New York requires PIP coverage of at least $50,000.

However, the no-fault system has limitations. You can only sue the at-fault driver if your injuries meet the “serious injury” threshold as defined by New York law. This includes:

  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ or member
  • Significant limitation of a body organ or system

If your injuries meet this threshold, you can pursue a claim against the at-fault driver for additional compensation, including pain and suffering.

Understanding Liability and Negligence

Even in a no-fault state, determining liability is crucial if you meet the serious injury threshold. To establish negligence, your attorney must prove the following:

  1. Duty of Care: The other driver owed you a duty of care to operate their vehicle safely.
  2. Breach of Duty: The other driver breached that duty through negligent actions (e.g., speeding, distracted driving, drunk driving).
  3. Causation: The other driver’s negligence directly caused the accident and your injuries.
  4. Damages: You suffered damages as a result of the accident (e.g., medical expenses, lost wages, pain and suffering).

New York follows a “pure comparative fault” system. This means you can recover damages even if you were partially at fault for the accident, but your compensation will be reduced by your percentage of fault.

Common Causes of Accidents on the LIE

Several factors contribute to car accidents on the Long Island Expressway:

  • Distracted Driving: Using cell phones, texting, or engaging in other activities that take attention away from driving.
  • Speeding: Exceeding posted speed limits or driving too fast for conditions.
  • Drunk Driving: Operating a vehicle under the influence of alcohol or drugs.
  • Aggressive Driving: Tailgating, weaving, and other aggressive behaviors.
  • Traffic Congestion: High traffic volume, especially during rush hour, increases the risk of accidents.
  • Road Conditions: Poor road maintenance, construction zones, and inclement weather.
  • Inexperienced Drivers: Young or newly licensed drivers are more prone to accidents due to inexperience.

Common Injuries in Car Accidents

Car accidents can result in a wide range of injuries, from minor to severe:

  • Soft Tissue Injuries: Sprains, strains, and whiplash.
  • Broken Bones: Fractures of the arms, legs, ribs, or other bones.
  • Head Injuries: Concussions, skull fractures, and traumatic brain injuries (TBI).
  • Back and Spinal Cord Injuries: Herniated discs, spinal cord damage, and paralysis.
  • Internal Injuries: Damage to internal organs, such as the liver, spleen, or kidneys.
  • Lacerations and Bruises: Cuts, abrasions, and contusions.
  • Psychological Trauma: Post-traumatic stress disorder (PTSD), anxiety, and depression.

Statute of Limitations

In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. For wrongful death lawsuits, the statute of limitations is two years from the date of death. It’s crucial to consult with an attorney promptly to ensure your claim is filed within the applicable deadline.

Seeking Legal Assistance

If you’ve been involved in a car accident on the Long Island Expressway, seeking legal assistance is highly recommended. A Long Island car accident lawyer can:

  • Investigate the accident and gather evidence to support your claim.
  • Determine all potential sources of compensation.
  • Negotiate with insurance companies on your behalf.
  • File a lawsuit and represent you in court, if necessary.
  • Help you understand your rights and options.

Don’t navigate the aftermath of a car accident alone. Contact a qualified Long Island car accident lawyer to protect your rights and pursue the compensation you deserve.