Can I Sue the Driver of the Vehicle If I Am a Passenger in a Car Accident in New York?
Key Takeaways
- Passengers injured in a New York car accident can pursue compensation from one or more at-fault drivers.
- New York’s no-fault system requires passengers to first file a PIP claim before pursuing a lawsuit.
- To sue for pain and suffering, a passenger’s injuries must meet New York’s serious injury threshold.
- New York’s pure comparative fault rule allows recovery even when a driver is only partially at fault.
- A car accident attorney can identify all liable parties and pursue every available avenue for compensation.
When I was a passenger in a car accident, who do I sue is one of the first questions that comes to mind after a crash. Every motorist has a duty of care to keep others safe from an unreasonable risk of harm, and negligent drivers can be held financially responsible when their actions cause injuries to others. Depending on the circumstances, it may be possible to sue the at-fault driver of the vehicle you were riding in, the driver of another vehicle that struck your car, or both.
Contact a Long Island Car Accident Lawyer Near You
At Law Office of Cohen & Jaffe our car accident attorney in Long Island can help injured passengers identify every available avenue to pursue the compensation they deserve under the law.
Understanding Passenger Rights in New York Car Accidents
New York law treats passengers as third parties with distinct rights. Since they are not typically involved in the cause of the accident, passengers can pursue compensation from one or more drivers involved, including:
- The driver of the vehicle they were riding in.
- Drivers of other vehicles were involved in the crash.
- Vehicle owners or entities responsible for the operation of any involved vehicle.
These rights are reinforced by New York’s no-fault benefits structure, which allows passengers to claim personal injury protection (PIP) benefits regardless of fault. PIP typically covers:
- Medical expenses
- Lost earnings equal to 80% of lost income, up to $2,000 per month for up to three years
- Necessary and reasonable expenses (up to $25/day for up to 1 year).
However, if PIP benefits don’t cover the full extent of injuries, and the passenger’s harm qualifies as “serious” under New York law, they can sue to recover additional damages such as pain and suffering. This becomes especially important when evaluating whether a passenger can pursue claims against multiple drivers whose negligence contributed to the accident.
When Can a Passenger Sue a Non-at-Fault Driver?
A passenger generally cannot recover damages from a driver who bears no responsibility for the accident. However, some collisions involve multiple drivers whose actions contributed to the crash. In these situations, under New York’s comparative negligence rule, a passenger may pursue compensation from each party whose negligence contributed to the accident.
Common scenarios may include:
- Comparative Negligence Applies: New York follows a pure comparative fault rule, which allows injured parties to recover damages when more than one driver contributed to the collision.
- Policy Limits Are Insufficient: If one driver’s insurance coverage is insufficient to fully compensate the injured passenger, additional claims may be available against other parties whose negligence contributed to the crash.
- Negligent Behavior Still Contributed: A driver may share responsibility for an accident if their actions helped cause the collision, such as speeding, driving while distracted, following too closely, or failing to react appropriately to roadway conditions.
Important New York Legal Thresholds
As a passenger injured in a car accident on Long Island, two key legal thresholds will determine how your claim proceeds under New York law.
- No-Fault Insurance: Regardless of who was at fault, you will first file a no-fault insurance claim to cover medical expenses and lost wages.
- “Serious Injury” Threshold: To file a lawsuit against another driver, your injuries must meet the legal definition of “serious” under Insurance Law § 5104, including significant disfigurement, bone fractures, permanent limitation of use of a body organ or member, or significant limitation of use of a body system.
It is recommended to consult a Long Island car accident attorney to identify the strategy and all available insurance coverage.
What to Do After a Car Accident as a Passenger
To protect your right to sue, passengers should take the following steps:
Seek medical treatment immediately, even if injuries seem minor.
Report the accident to the insurance carrier within 30 days to access no-fault benefits.
Document all injuries and expenses with medical records and receipts.
Request copies of the police report and witness statements.
Consult with a car accident attorney who is familiar with the courts and accident laws.
New York Motorists Must Drive With Care
Under Vehicle and Traffic Law § 1146, every New York motorist has a duty of care to others on the road, including passengers in other vehicles. Motorists who fail to meet this standard and cause a collision can face criminal penalties and financial liability for the injuries they cause.
Some dangerous behaviors that could have caused your accident include:
- A driver being intoxicated or under the influence of drugs
- Tailgating
- Speeding
- Changing lanes erratically
- Making improper turns
- Driving on parts of the road where vehicles are not permitted
- Disobeying traffic safety signals, such as stop signs and red lights
Your accident may have also been the result of distracted driving. These practices can be especially dangerous on the busy streets of New York, where taking your eyes off the road for even a second could cause an accident. According to the recent data from the National Highway Traffic Safety Administration, distracted driving claimed 3,208 lives in previous years.
To recover compensation, you will need to determine why the accident occurred. You may choose to work with a Long Island Personal Injury Lawyer to complete this task.
Liability for Your New York Car Accident
Depending on the circumstances of your accident, you may be able to hold more than one party accountable for your losses.
In addition to the at-fault motorist, you may be able to recover compensation from:
- The employer of the at-fault driver, if they were operating a commercial vehicle
- A vehicle or parts manufacturer whose product did not function properly
- A mechanic whose subpar work is tied to the accident
- A municipality responsible for a roadway’s maintenance
A lawyer can help identify every liable party and determine whether you can sue the driver of a vehicle as a passenger in a New York car accident.
How a Lawyer May Assist You
Being injured or losing a loved one in a car accident can take a physical, emotional, and financial toll. However, having a lawyer to assist with your legal matters following an accident can work to relieve your stress. While your lawyer’s primary goal is to obtain any compensation that you are entitled to, they aim to do more than that.
You can expect your lawyer to:
- Become familiar with the facts of your accident
- Determine who is responsible for your collision
- Calculate your losses
- Gather evidence and document your injuries
- Answer your questions and respond to your concerns
- Formulate a legal strategy and provide advice
You may first pursue compensation through an insurance claim. Yet, you may consider bringing a lawsuit if settlement negotiations do not yield the outcome you want.
If you choose to file a lawsuit, then your lawyer may:
- Draft your lawsuit
- File your lawsuit to the appropriate court
- Identify the defendants responsible for your losses
- Negotiate a pre-trial settlement
- Prepare for trial, if necessary
- Complete a trial
You may have to pay nothing out of pocket to retain these and other legal services. Many personal injury lawyers offer their help on a contingency-fee basis, meaning that they only get paid their attorney’s fees if they win a settlement or judgment for you.
Call a Long Island Car Accident Lawyer Today
A lawyer can manage your case while you recuperate from your injuries. Call the Law Office of Cohen & Jaffe today at 516-358-6900 for a free consultation.
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