NY Car Accidents: Common Causes SE HABLA ESPAÑOL               NY Car Accidents: Common Causes ГОВОРИМ ПО РУССКИ               NY Car Accidents: Common Causes MÓWIMY PO POLSKI

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Brooklyn woman who was struck on sidewalk by car.

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Manhattan man who suffered brain injury.

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Manhattan construction worker who fell off 6-foot ladder.

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Manhattan woman assaulted by masked intruder while leaving work.

MILLIONS RECOVERED

$1.5 million verdict

Brooklyn woman who was struck on sidewalk by car.

$4.5 million Verdict

Manhattan man who suffered brain injury.

$3.65 million settlement

Manhattan construction worker who fell off 6-foot ladder.

$1.25 million settlement

Manhattan woman assaulted by masked intruder while leaving work.

NY CAR ACCIDENTS | COMMON CAUSES

Common Causes of NY Car Accidents in New York

Common causes of car accidents in New York range from distracted driving and speeding to failure to yield and drunk driving. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, has spent more than 30 years representing crash victims across the five boroughs and surrounding counties. Understanding what caused your crash is the first step toward proving liability. Brett uses police reports, traffic camera footage, and crash data to identify every responsible party and build the strongest possible claim for your recovery.

In 2023, NYPD data showed that driver inattention and distraction was cited in over 12,190 crashes in New York City alone — making it the single leading cause of collisions by a wide margin. Failure to yield right-of-way caused nearly 4,700 crashes, while following too closely contributed to 1,319 rear-end incidents. Unsafe speed was a factor in 752 collisions. Across all of New York State, approximately one in three fatal crashes involved speeding, and another one in three involved a driver above the legal blood alcohol limit of 0.08, according to the New York State Comptroller’s Office.

New York operates under a no-fault insurance system under Insurance Law §5103, providing up to $50,000 in basic economic loss coverage regardless of who caused the crash. To file a lawsuit against a negligent driver, your injuries must meet the serious injury threshold under Insurance Law §5102(d) — including a fracture, permanent limitation, significant disfigurement, or a 90/180-day disability. If a government vehicle or road defect caused or contributed to your crash, a Notice of Claim must be filed within 90 days under General Municipal Law §50-e. The standard statute of limitations for private claims is three years under CPLR §214.

Why the Cause of Your Crash Matters Legally

In a New York car accident claim, proving the cause of the crash is how you prove fault. New York follows comparative negligence rules under CPLR §1411, meaning liability can be shared among multiple parties. If a distracted driver ran a red light but the intersection also had a broken signal reported to NYCDOT months earlier, both the driver and the city may share responsibility. New York personal injury law allows your recovery to include all liable parties.

The cause of the crash also determines which evidence your attorney needs to gather quickly. Drunk driving crashes require police toxicology records and any surveillance footage showing the driver before the collision. Distracted driving crashes require cell phone records obtained through subpoena. Road defect cases require prior DOT complaint records. Brett Nomberg knows exactly what evidence to pursue for each crash type — and moves fast before it disappears. See his verdicts and settlements to understand what results this approach produces.

The Most Common Causes of NY Car Accidents

NYPD, NYS DMV, and the Governor’s Traffic Safety Committee consistently identify the same driver behaviors as the top contributors to collisions across New York City and the state.

CauseNYC Crashes Attributed (2023)Legal Significance
Driver inattention / distraction12,190+ crashes; 116 fatalitiesCell phone records, negligence per se if handheld device used
Failure to yield right-of-way~4,700 crashesTraffic law violation; strong negligence basis
Following too closely1,319 crashesRear-end liability; driver presumed at fault in most cases
Unsafe speed / speeding752 crashes; ~1 in 3 NYS fatal crashesBlack box data, speed camera records, recklessness claims
Improper lane change / passing846 crashesSideswipe injuries; dashcam and traffic camera footage critical
Drunk or drugged driving (DWI/DWAI)~1 in 3 NYS fatal crashes involved BAC above .08Criminal and civil liability; punitive damages may apply
Backing unsafely579 crashesParking lot and loading zone injuries; commercial driver liability
Fatigued drivingUnderreported; significant in truck/commercial crashesDriver logbooks, Hours of Service violations for commercial drivers
Road defects / poor conditionsPotholes, missing signs, broken signalsMunicipal liability; 90-day Notice of Claim required
Vehicle defects / mechanical failureBrake failure, tire blowouts, defective partsProduct liability against manufacturer or dealer

Distracted Driving: New York’s Leading Crash Cause

Distracted driving is the single most common cause of NY car accidents both in the 5 boroughs and across the state. It is not limited to texting — distraction includes eating, adjusting GPS, reaching for objects, and inattention to traffic. In 2023, NYPD issued over 2,600 tickets for distracted driving, and driver inattention was linked to more than 100 traffic fatalities in New York City that year alone. Texting drivers are 23 times more likely to crash than attentive drivers, and distracted driving is tied to nearly 20% of all injury-related crashes in New York.

Proving distracted driving in a civil case typically requires cell phone carrier records obtained through a court subpoena. These records can show that a driver was sending or receiving texts at the exact moment of impact. Brett Nomberg has the resources and litigation experience to obtain this evidence. If you were hit by a distracted driver, contact a New York car accident lawyer before that phone data is lost or overwritten.

Drunk and Drugged Driving Crashes in New York

Approximately one in three fatal crashes in New York State involves a driver above the legal blood alcohol limit of 0.08. From 2019 to 2022, fatalities involving drivers above the legal limit rose 45%, according to the New York State Comptroller’s Office. DWI crashes carry both criminal consequences for the at-fault driver and significant civil liability. Victims of drunk driving accidents may be entitled to compensation beyond standard damages, including punitive damages in egregious cases.

New York also imposes DWAI (Driving While Ability Impaired) liability for drivers impaired by drugs, including prescription medications. Evidence in these cases includes police toxicology reports, field sobriety test results, breathalyzer records, and any bar or restaurant receipts establishing prior alcohol consumption under the Dram Shop Act. Brett Nomberg pursues every angle of liability — including third-party establishments that overserved an intoxicated driver — to maximize your recovery. Review his case results to see what that commitment looks like in court.

Speeding and Reckless Driving

Unsafe speed is a factor in roughly one in three fatal crashes statewide. In New York City, speed was cited in 752 crashes in 2023 alone. Speeding dramatically increases both the likelihood of a crash and the severity of injuries when impact occurs. At 40 mph, a collision delivers nearly twice the force of one at 30 mph — the difference between a minor injury and a traumatic brain injury or spinal cord damage.

Speed evidence is gathered from event data recorders (EDRs) — commonly called vehicle black boxes — traffic camera footage, and accident reconstruction experts. In commercial vehicle cases, GPS fleet tracking data can confirm a truck’s speed in the seconds before impact. These crash reconstruction tools require fast action because vehicles are repaired, data is overwritten, and cameras are recycled on short loops. Call Brett Nomberg immediately after your crash to preserve this evidence.

What to Do After a New York Car Accident

  1. Call 911 immediately. Report the crash and request emergency medical help. A police report is essential documentation of the accident and its circumstances.
  2. Get medical evaluation the same day. Brain injuries, internal bleeding, and spinal damage may not be immediately painful. Same-day medical records document injuries before they are disputed by insurers.
  3. Photograph and document everything. Capture vehicle positions, road conditions, traffic signals, skid marks, visible injuries, and any contributing hazards before the scene is cleared.
  4. Exchange information. Collect the other driver’s name, license number, insurance carrier, policy number, and plate. Get names and contact information from all witnesses.
  5. Do not admit fault or give recorded statements. Anything you say can be used to reduce your compensation. Do not speak to the other driver’s insurer without an attorney present.
  6. Contact Brett Nomberg before anything else. Evidence disappears fast — camera footage is overwritten, witnesses forget details, and vehicle data is lost when cars are repaired. Call as soon as possible.

Frequently Asked Questions

QuestionAnswer
What is the most common cause of car NY Car accidents in New York?Driver inattention and distraction is the top cause, cited in over 12,190 NYC crashes in 2023 — more than any other factor.
Can I sue a driver who was texting when they hit me?Yes. Using a handheld device while driving violates New York law. Cell phone records subpoenaed during litigation can prove the driver was on their phone at the moment of impact.
What if a road defect contributed to my crash?You may have a claim against the city or state. A Notice of Claim must be filed within 90 days under General Municipal Law §50-e. Missing that deadline bars your claim.
Can I still recover if I was partly at fault?Yes. New York’s comparative negligence rule under CPLR §1411 reduces your recovery by your percentage of fault, but does not eliminate it entirely.
What if the driver who hit me was drunk?You can pursue civil damages for all injuries, lost wages, and pain and suffering. In extreme cases, punitive damages may also apply. A bar or restaurant that overserved the driver may also share liability.
How do I prove a fatigued driver caused my crash?For commercial drivers, Hours of Service logbooks and GPS fleet data can establish fatigue. For private drivers, cell phone activity, surveillance footage, and witness statements help establish the timeline.
What is a vehicle black box and how does it help my case?Most modern vehicles have an Event Data Recorder (EDR) that captures speed, braking, and steering input in the seconds before a crash. This data can be retrieved by an accident reconstruction expert and used as evidence in your case.
How long do I have to file a car accident lawsuit in New York?Three years from the date of the crash for private claims under CPLR §214. If a government entity is involved, you must file a Notice of Claim within 90 days first.

About Brett J. Nomberg

Brett J. Nomberg has practiced personal injury law in New York for more than 30 years. He personally manages every case at his firm — clients speak directly with Brett, not a junior associate or case manager. He is available 24 hours a day, 7 days a week, including weekends and holidays. His record includes verdicts and settlements of $4.5 million for a brain injury, $3.9 million in a case where evidence was concealed, $3.65 million for a construction accident, $1.7 million in a case involving a concealed surveillance tape, and $1.4 million for a Queens slip on ice. Learn more at his attorney profile page. Brett handles all car accident, pedestrian accident, catastrophic injury, and wrongful death cases on a contingency fee basis — you pay nothing unless he wins.

Hurt Because Another Driver Was Negligent? Brett Nomberg Holds Them Accountable.

Whether your crash was caused by a distracted driver, a drunk driver, a speeding commercial truck, or a dangerous road, you deserve full compensation for what was done to you. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach the firm through our online contact page. There is no fee unless we win.

NY Car Accidents

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