Two heavily intoxicated drivers attempting their best “Fast and Furious” impersonation wound up seriously injuring multiple motorists in a wreck that occurred on Interstate 95.
The crash left eight people injured, including one motorist whose injuries were listed as critical, according to the New York Post. One of the eight victims was a 68-year-old motorist whose vehicle was rear-ended by one of the drag racing drivers. The victim’s vehicle, a Kia, then collided with a Honda SUV, which in turn hit the other speeding vehicle. The driver of the Kia had to be transported to Jacobi Medical Center due to the severity of their injuries. Seven other injured motorists also were transported to area hospitals.
The serious accident described above is particularly infuriating because it was so easily preventable. If the reckless motorists who were racing each other had simply exercised caution and better judgment, this awful collision could have been avoided entirely.
The racing motorists who caused the horrific I-95 accident are now facing an array of legal consequences from their poor decisions. In New York, participating in an unauthorized speed contest is against the law. Conviction for this type of high speed driving can result in fines, penalties, loss of license and jail time, according to New York Vehicle and Traffic Law § 1182-1. Anyone injured by these drag racing drivers can bring in a civil action for their personal injuries and property damage.
New York is a “no-fault” car insurance state. This means that if you are hurt in a motor vehicle accident, your medical bills and lost earnings will be paid regardless of who caused the accident by one of the insurance companies involved. For example, if a pedestrian is struck by a motor vehicle, that motor vehicle’s insurance company will pay those bills. If you are a driver or passenger in a motor vehicle, the insurance company for that motor vehicle will pay those bills. In order to receive those benefits, a no-fault claim must be made in writing to the correct insurance company within 30 days after the accident. Prior to the implementation of the No-Fault law, these bills were not paid up front and getting reimbursement required starting a lawsuit even if it was to recover $25 for a doctor visit.
Now, under the No-Fault law, these small lawsuits are not necessary, but the trade off in the No-Fault law is that in order to start any lawsuit for personal injury and for pain and suffering, the injured person must have suffered a “serious injury” which is defined in §5102 of the Insurance Law. Some of the definitions are simple and easily understood, such as a serious injury means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system.
Other definitions are more difficult to prove and require an experienced attorney to investigate. For example, a serious injury is defined as permanent consequential limitation of a body organ or member; significant limitation of use of a body function or system.
If you believe your injury qualifies as a serious physical injury and you wish to start a lawsuit, it is important to sit down with an experienced New York City car accident lawyer as soon after your accident as possible. Dansker& Aspromonte has over combined 100 years of experience in these types of cases.
If you were seriously hurt in a car accident in New York City, now is the time to contact the personal injury attorneys ofDansker& Aspromonte. We offer free, confidential case reviews to all prospective clients. We proudly serve Manhattan, Brooklyn, New York, Bronx, Queens, Staten Island, and the NYC Metro area and beyond.