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New York Car Accident Lawyer
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The Law Office of Brett J. Nomberg, PLLC is a highly-rated New York City car accident lawyer that has been successfully helping car accident victims for over 30 years. We treat clients like family. Right from the start, you will feel at ease working with caring and compassionate car accident attorneys who are on your side.
Check out our five star google reviews by actual former clients. Our 5 star google rating is a testament to our hard work and commitment to client satisfaction. Our clients can easily reach their lawyer to ask questions about the case at any time. Our compassion and aggressiveness in court is why we continue to obtain maximum awards for our clients.
If you or a loved one was injured in a car accident in New York, call us for a free consultation to speak with a top rated New York car accident lawyer.
“I knew from the first time I met Brett we were in great hands….I have never met a lawyer who puts his clients first like ahim…so respectful, responsible, and dedicated to their clients who they treat more like family.”
– Preeta L., Former Client
Brett Nomberg Law offers free consultations with no attorney fee unless you win. If you were injured due to someone else’s negligence, the Top New York Personal Injury Attorney is ready to hear your story. Call anytime — 24 hours a day, 7 days a week.
Mr. Nomberg has taken to verdict or settled each of the cases below, which represent only a handful of our successes. **
In New York State, every person should be aware that even if a driver is clearly at fault for the accident they are entitled to no-fault benefits. The tradeoff of this law is that the law precludes car accident victims from obtaining a recovery for personal injuries unless they had serious injuries.
A serious personal injury is defined within the New York Insurance Law Section 5102(d). There are three categories that are vague but they all generally require some objective medical testing of an injury, such as an x-ray, CT scan, MRI, other accepted testing.
Obtaining legal advice from a skilled car accident attorney can help you understand whether your injuries meet the serious injury threshold.
A fractured bone is one of the clearest sections of the No-Fault law and will meet the definition of a serious injury, assuming there is no medical dispute that the accident caused this injury. involve permanent loss of use, permanent consequential limitation, or significant limitation of a body function or system. While there is no specific set of diagnoses that qualify under these categories, in general, if there is some medical diagnostic testing showing an injury that is significant or permanent, this may suffice.
For example, if a person has an MRI report showing a tear of the ACL joint in the shoulder that results in surgery, this may meet the serious personal injury threshold. Likewise, a spinal cord injury or a herniated disc in the neck or back that requires spinal surgery will often meet the threshold. It is important to work with experienced New York City lawyers to prevent the dismissal of the case by defense attorneys who make a motion for summary judgment claiming the serious injury threshold was not met.
The no-fault law means that car accident victims have automatic insurance coverage for medical expenses and lost earnings relating to the accident up to their policy limits, which will always be at least $50,000. A no-fault application must be sent to the correct auto insurance company within 30 days of the accident, or they can deny coverage. A New York City lawyer can help you with the no-fault application.
Under New York law, motorcycles are classified separately from other vehicles and are not covered by the state’s no-fault insurance system. This distinction carries an important benefit: a motorcyclist injured by another driver’s negligence is not required to meet the “serious injury” threshold that other accident victims must satisfy in order to recover compensation for their injuries.
According to the New York State Department of Health, car crash injuries are among the leading causes of injury-related deaths in the state of New York. Also, among New York residents who have suffered serious injuries due to an auto accident, around 30% have suffered a traumatic brain injury. Traumatic brain injuries may result in the loss of independent function, requiring long-term care as well as increased life expenses.
If you were involved in an automobile accident and you’ve suffered a personal injury, there are certain steps you have to take to make sure your injury claim is successful. Our New York City personal injury attorney recommends you do the following:
The police report is the first critical piece of evidence in helping an accident victim. The police officer will usually take statements from the drivers and write down the names and telephone numbers of witnesses.
Photographs provide critical evidence to determine the points of contact and the location of the accident. We will also gather satellite images to show the street and roadway where the accident happened. Our attention to detail and knowledge of the law is how we routinely succeed in helping car accident victims obtain substantial awards in their personal injury cases.
The aggressive New York City car accident attorneys at the Law Office of Brett J. Nomberg, PLLC, have been helping car accident victims for over 30 years. Many of our clients are hit in the rear, struck in a crosswalk, t-boned, or sideswiped. If that is the case with you, call for a free consultation.
Bad road conditions or weather conditions, as well as faulty car parts, can sometimes be the cause of car accidents. However, driver negligence, including speeding, is the leading cause of car crashes.
Even when malfunctions occur including bald tires, engine failure, faulty brakes, or steering system malfunction, these are usually preventable conditions that arose from negligent maintenance. Generally, when the condition of the vehicle contributes to a car accident, the driver will be responsible for the unsafe conditions of his or her vehicle.
If your car crash was caused by a poorly designed or poorly maintained roadway, New York law may support a cause of action against the municipality for negligently maintaining their roadways. An action against a public entity such as a village, city or town must be started by filing a document called a Notice of Claim within 90 days of the accident. Further, the municipalities often require some type of prior written notice of an unsafe roadway condition.
The most common causes of car accidents include human error or driver’s negligence. Some of the common examples of a driver’s negligence in New York City include:
At the Law Office of Brett J. Nomberg, PLLC, we understand the laws for car accidents, trucking accidents, bicycle accidents, and motorcycle accidents, and are prepared to help you fight for the compensation you deserve in your case.
Negligence is the failure to use reasonable care. A motorist has a duty to keep a proper lookout and to see what is readily observable in the roadway. A driver who fails to see a pedestrian crossing in the crosswalk may be found negligent for striking that pedestrian with their car, truck, bicycle, or motorcycle.
The violation of the New York Vehicle and Traffic Laws by a driver may be a reason for the courts to find the driver is negligent as a matter of law. A driver who makes a left turn into an oncoming vehicle has the duty to yield before entering the intersection, and the failure to do so can result in the court finding the defendant driver responsible for the accident even before a jury has heard the case.
A driver must signal and make sure it is safe to switch lanes before doing so. A driver who fails to stop at a stop sign, goes through a red light, or fails to yield when entering a roadway may be found at fault as a matter of law.
A driver has the duty to keep a safe speed and distance from the driver ahead, and a car accident from a hit in the rear will usually result in the court finding the defendant at fault as a matter of law.
New York Vehicle and Traffic Law, VTL §1129 requires drivers to maintain a safe distance from other vehicles ahead and to stop if necessary. The unsafe practice of some drivers to ride very close to the vehicle ahead, otherwise known as “tailgating”, is highly dangerous and can lead to a rear-end collision.
At Law Office of Brett J. Nomberg, PLLC, our New York City car accident lawyer will prepare legal documents with arguments showing how the defendant violated the law by following too closely and should be held responsible as a matter of law for the hit in the rear.
VTL §1129 (a). Following Too Closely (Tailgating), states:
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
The Law Office of Brett J. Nomberg, PLLC, is composed of experienced New York City car accident lawyers who have won dozens of summary judgment motions finding the defendant at fault as a matter of law from a hit in the rear. When a summary judgment motion is won, the defendant is now under pressure to settle the case quickly or risk a jury verdict against them.
People are often wondering why they should settle their case instead of going to trial and taking a verdict. The general recommendation from personal injury attorneys is that a settlement is always the better option over a verdict. A settlement is a guaranteed win while going to trial carries significant risks. However, a settlement is not always possible.
A pedestrian hit by a car in the New York (NY) crosswalk will usually be the fault of the driver who struck that person. A driver has a duty to see what should be seen in the roadway, including a pedestrian. A pedestrian while walking inside a marked crosswalk has the right of way, which means the driver must yield until it is safe to proceed for the pedestrian and motorist.
At Law Office of Brett J. Nomberg, PLLC, every NYC car accident lawyer knows that there are many statutory laws that protect the rights of a pedestrian hit by a car in the crosswalk. We will refer to these laws when making a motion for summary judgment to persuade the court to find the defendant at fault as a matter of law.
VTL § 1146 (a). Drivers to exercise due care, states:
Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal upon any roadway and shall give warning by sounding the horn when necessary.
VTL § 1112 (a). Pedestrian-control signal indications, states:
Steady WALK or walking person. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by other traffic.
VTL § 1111. Traffic-control signal indications, states:
Traffic Rules of the City of New York, §4-04 Pedestrians, states:
(b) Right of way in crosswalks. (1) Operators to yield to pedestrians in crosswalk. When traffic control signals or pedestrian control signals are not in place or not in operation, the operator of a vehicle shall yield the right of way to a pedestrian crossing a roadway within a crosswalk when the pedestrian is in the path of the vehicle or is approaching so closely thereto as to be in danger.
(3) Vehicles stopped for pedestrians. Whenever any vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, the operator of any other vehicle approaching from the rear in the same or adjacent lanes shall not overtake and pass such stopped vehicle.
(d) Operators to exercise due care. Notwithstanding other provisions of these rules, the operator of a vehicle shall exercise due care to avoid colliding with any pedestrian.
A pedestrian hit in the crosswalk can lead to very serious and permanent injuries and prevent a person from returning to their job to support their families. It is very important to choose an experienced lawyer for your New York City car accident case to help you and your family when involved in a car crash.
If you were involved in a New York (NY) bicycle accident, it is important to call a trusted car accident lawyer to help protect your legal rights. A driver of a car or truck must pay careful attention to avoid striking a bicyclist in the roadway or bike lane. Many bicyclists have been struck when a driver parks the car on the street but fails to look before opening the door. A driver must look to see that it is safe before opening the door of the car.
VTL § 1214 Opening and closing vehicle doors, states:
No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
NYC Traffic Rule Section 4-12(c), states:
(c) Getting out of the vehicle. No person shall get out of any vehicle from the side facing on the traveled part of the street in such manner as to interfere with the right of the operator of an approaching vehicle or a bicycle.
In general, a bicyclist will have the right of way over a motorist while riding within a designated bicycle lane.
NYC Traffic Rule Section 4-12(p)[1], states:
Bicycles. No person shall drive a vehicle on or across a designated bicycle lane, except when it is reasonable and necessary: (i) to enter or leave a driveway; or (ii) to enter or leave a legal curbside parking space; or (iii) to cross an intersection; or (iv) to make a turn within an intersection; or (v) to comply with the direction of any law enforcement officer or other person authorized to enforce this rule; or (vi) to avoid an obstacle which leaves fewer than ten feet available for the free movement of vehicular traffic.
Notwithstanding any other rule, no person shall drive a vehicle on or across a designated bicycle lane in such manner as to interfere with the safety and passage of persons operating bicycles thereon.
A bicyclist is generally permitted to ride along the right or left-hand curb of the one-way New York City roadways that are at least 40 feet wide. The large majority of the NYC streets and avenues are over 40 feet wide.
NYC Traffic Rule Section 4-12(p)[3], states:
(3) Bicycles permitted on both sides of 40-foot wide one-way roadways. Any person operating a bicycle upon a roadway that carries traffic in one direction only and is at least 40 feet wide may ride as near as is practicable to either the left or the right hand curb or edge of such roadway, provided that bicycles are not prohibited from using said roadway.
A serious personal injury is not always recognized after a bicycle accident. If you were struck by a car or truck, call Law Office of Brett J. Nomberg, PLLC, experienced New York (NY) automobile accident lawyers, for a free consultation.
Truck drivers are too often seen driving at an unsafe speed. When operating such a heavy vehicle, they often do not have time to stop or see what is readily observable because they are speeding. The New York (NY) Vehicle and Traffic Law requires that trucks and all motor vehicles drive at a reasonably prudent speed under the road conditions and circumstances at the time.
VTL 1180 Basic rule and maximum limits, states:
a) No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
Trucks often have several side view mirrors to avoid having a “blind spot” in order to prevent the driver from hitting another vehicle when turning or changing lanes. A tractor-trailer, when making a turn, must often make a very wide turn. A truck driver who fails to carefully look before entering a lane can cause a serious accident for the driver or passenger struck by the truck.
If you were hit by a truck and suffered injuries, call Law Office of Brett J. Nomberg, PLLC, experienced New York City car crash lawyers, to help you litigate and succeed in your case.
A driver making a left turn or right turn into an intersection must yield to oncoming traffic before entering the intersection. The driver proceeding straight within a roadway will generally have the right of way over the driver making a turn into the intersection.
An automobile accident in New York City can be caused by a driver attempting to make a right turn from the middle lane of the roadway. A driver is not permitted to make a right or left turn from the middle lane and must both signal and make sure it is safe to proceed before changing lanes.
VTL § 1128 (a). Driving on roadways laned for traffic, states:
(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
VTL § 1160. Required position and method of turning at intersections, states:
The driver of a vehicle intending to turn at an intersection shall do so as follows:
(a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway or, where travel on the shoulder or slope has been authorized, from the shoulder or slope.
(c) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane of the roadway lawfully available to traffic moving in the direction of travel of such vehicle or, where travel on the shoulder or slope has been authorized, from the shoulder or slope, and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.
VTL § 1163. Turning movements and required signals, states:
(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section eleven hundred sixty, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.
Drivers are not permitted to suddenly cross over from the middle lane in order to make a right or left turn. When a driver makes a sudden turn into another lane that causes an accident, you should contact an experienced New York City car accident lawyer at Law Office of Brett J. Nomberg, PLLC to help and provide you with legal representation. Give us a call if another driver causes the accident because they:
Sometimes individuals suffer serious injuries from car accidents in New York City while they are working. For example, a UPS or FedEx worker injured in a vehicle accident while making a delivery may be entitled to both Workers Compensation and a claim for personal injuries against the other driver.
It is important to consult with an experienced New York City car accident attorney to fill out the proper paperwork and file a claim to get your future medical bills, lost wages, and other possible medical expenses paid for as a result of a car accident.
Call a skilled New York City car accident attorney at Law Office of Brett J. Nomberg, PLLC, who will explain to you and your family the legal process after you file a claim, and what we will do to help win your car accident case.
After a car accident, the driver who caused it and, in many cases, the vehicle’s owner, can be named as a defendant. The Vehicle and Traffic law Section 388 holds the owner of the vehicle legally responsible for the negligence of the driver and had permission. Permission is generally presumed unless the vehicle was stolen.
The at-fault driver’s insurance company is generally not named directly. Instead, the individuals at fault and any company they worked for are named, but under their liability policy, the insurer contracted to provide a defense. This included hiring defense attorneys and paying to settle or paying a judgment after a verdict, but only up to the coverage amount stated in the policy, known as the policy limits.
Many drivers carry only the minimum liability coverage New York requires, which is $25,000 per person for bodily injury (the first figure in the state’s 25/50/10 minimum). When an at-fault driver carries only that minimum and has no significant assets to collect against, an injured person’s recovery may be limited to that $25,000 limit, often far less than the fair value of a serious injury.
However, if an injured auto accident victim purchased Supplementary Uninsured/Underinsured Motorist (SUM) coverage, the New York coverage commonly called “underinsurance” there may be additional coverage. The higher your SUM limit, the more protection you have if the driver who injures you carries only low liability limits. Once the at-fault driver’s liability policy has been exhausted (typically when their full limits are tendered in a settlement), you can make a claim under your own SUM coverage for the shortfall up to your SUM limit.
When an insurer refuses to tender its full policy limits in a case likely to produce a verdict well above those limits, the Law Office of Brett J. Nomberg, PLLC can send the insurer demand, sometimes called a “bad faith” letter to demand they tender the entire policy, and if not, they may be liable to pay for than their own policy limits if the case goes to trial.
Under New York law (Pavia v. State Farm), if the insurer then refuses a reasonable within-limits settlement in “gross disregard” of its own insured’s interests, and a jury later returns a verdict exceeding the policy limits, the insurer can be held responsible for the excess, not just its policy limits. That bad-faith claim belongs to the insured driver; an injured plaintiff ordinarily pursues it after obtaining the excess judgment and taking an assignment of the insured’s rights against the insurer. Recovery of the excess is not automatic, and it does not include any punitive damages portion of the verdict.
We have repeatedly sent bad faith letters to pressure insurance companies to tender their policy limits rather than risk additional payments beyond their policy limits.
If you’ve been in a motor vehicle collision, the first thing you should do after seeking medical care and making sure that your health is stable is to hire a car accident lawyer. Your lawyer can help you with the legal aspects of your case, from the initial filing through litigating it in court should it go to trial. They will:
Working with a dedicated New York car accident lawyer can be an effective way to recover a fair settlement and protect your rights and interests throughout this difficult legal process.
Most lawyers and law firms do not charge an hourly fee like the defense firms do and other types of lawyers do. Because many accident victims cannot afford the immediate costs for attorney fees for cases that can take years to litigate, the plaintiff’s bar works on a “contingency fee” basis. That means the law firm will not get paid at all despite working on the case for possibly years unless they win through either a settlement or verdict. The maximum amount of the contingency fee permitted is one-third. Medical malpractice cases have a sliding scale for the attorney fees to the benefit of the injured person. The larger the settlement or award, the less the percentage that must be paid for attorney fees. At your free consultation, our attorneys will explain their fee structure, this means there are no surprises once your case is resolved.
The leading cause of death in car accidents is blunt force trauma, with head injuries being the most common. Other causes include sharp force trauma, such as from broken glass, and penetration injuries from objects within the vehicle or that enter from outside of the vehicle. Drowning, incineration, asphyxia, and carbon dioxide toxicity also contribute to fatalities in vehicle accidents.
Delayed symptoms after a car accident are signs of injury that don’t appear immediately. It’s common for accident victims to experience delayed symptoms when they have suffered internal organ damage or traumatic brain injuries. Whiplash and other soft tissue injuries can also cause delayed symptoms. You should seek medical care immediately after a car accident, even if you don’t think you’re hurt, so you can get an early diagnosis of these and other problems.
The red flags after a car accident that indicate a potentially serious injury can include unconsciousness, difficulty with breathing, and sharp chest or abdominal pain. You should also keep an eye out for the delayed onset of severe pain, dizziness, or confusion. These red flags can all indicate that you have suffered serious injuries and need a prompt medical evaluation.
The value of a case depends upon many factors that will not be known at the beginning of a case, but here are ten (10) important factors in helping determine the value of your personal injury case: 1) the evidence available to prove the defendant’s fault 2) whether you are also at fault for causing the accident and to what extent 3) the extent of the injuries including whether they are permanent and whether there are diagnostic tests in support of the injuries 4) whether there are provable lost earnings 5) whether a person is found to permanently disabled by treating doctors and social security disability 6) whether treatment is still needed in the future 7) whether permanent homecare or medical care is needed 8) the venue of where the lawsuit must be commenced, such as Brooklyn versus Sullivan county 9) the amount of the available insurance coverage by the defendants, and 10) what risks you want to take between accepting an offer or waiting years to get a trial and having a jury decide everything.
There’s no way to accurately predict how long a certain car crash case will take to litigate or obtain a fair settlement offer, but the biggest factor is the venue. Cases in smaller rural counties usually move quicker in litigation because they have less congestion in the courthouses. On the other hand, some venues like the Bronx are especially slow and can take over 5 years to get before a jury. Your car accident lawyer in New York can help you understand what to expect in your case.
There are many statutory deadlines that affect persons involved in a New York car accident that must be timely complied with. For example, no-fault insurance coverage is responsible for paying for your medical treatment and loss of earnings if involved in a car accident. However, you must file a No-Fault application within 30 days with the correct insurance company; otherwise, the insurance carrier may completely deny coverage.
A person generally has 3 years to commence a claim for personal injury against a negligent driver who caused a New York car accident. However, there are exceptions that require immediate legal representation by an experienced car accident attorney.
For example, if the defendant involved in an auto accident case is working at the time for a municipality, such as a police officer, then the statute of limitations is one year and 90 days. Further, a separate document called a Notice of Claim must be served within 90 days of the accident.
Call the Law Office of Brett J. Nomberg, PLLC, immediately after an accident to help protect your rights. The consultation is free, and if we are able to help, there is no fee unless your case is successful.
If you were involved in an auto accident and decided to file a claim, contact the Law Office of Brett J. Nomberg, PLLC, experienced New York car accident lawyers, to help you recover the compensation you deserve. We speak Spanish, Polish, and Russian. The consultation is free, and there is no fee unless we win. Take a look at what our satified clients have to say about our services and see our record of substantial verdicts and settlements for our clients.
We have offices located in New York City, and handle cases throughout New York State including the five boroughs, Manhattan, Bronx, Brooklyn, and Queens; as well as Long Island, including Suffolk and Nassau; and upstate New York, such as Westchester, Putnam, Ulster, Orange, and Sullivan County.
*Client testimonials reflect individual experiences and do not guarantee a similar outcome.
**Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
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