Speeding is dangerous. Not only does it make an accident more likely to happen, but every mile per hour (MPH) over the speed limit also increases the risk of a serious injury. Speeding is also per se negligence in New York State. A speeding driver can be held liable for a victim’s serious injury. At Poltielov Law Firm P.C., we handle all types of speeding accident claims. In this article, our Queens car accident attorney explains the danger of speeding.
Know the Data: Speeding Accidents
According to data from the National Highway Traffic Safety Administration (NHTSA), estimates that one in three fatal accidents involves speeding. Hundreds of thousands of people in the United States suffer serious injuries in speed-related crashes each year. That statistic carries particular weight in New York, where dense traffic conditions amplify the consequences of excessive speed. Speed reduces reaction time and increases stopping distance, two factors that directly correlate with the likelihood of a crash. Not only does speeding make collisions more likely, but the faster the vehicles are going, the greater the force of the impact. That means serious injuries are more likely as well.
Understanding Speed Accident Liability in New York State
Speed accidents in Queens are governed by New York law. Our State has unique motor vehicle accident liability laws. Speed-related motor vehicle accidents in New York are governed by a layered liability framework that combines no-fault insurance rules with traditional negligence principles. New York’s no-fault system controls the initial claim process. An injured victim must first seek no-fault benefits for medical expenses and limited lost wages, regardless of whether excessive speed caused the collision. These benefits are capped by statute and do not require proof of fault.
Liability litigation becomes available only if the injured victim satisfies the serious injury threshold or sustains economic losses exceeding the statutory limit for basic economic loss. Serious injury is defined by statute and includes specific categories such as fracture, significant disfigurement, permanent consequential limitation of use, or a medically determined injury that prevents usual daily activities for at least ninety of the first one hundred eighty days following the accident. If you suffered a serious injury in a speeding accident in Queens, you can bring a fault-based claim.
Compensation for Speeding Accident Victims in Queens, New York
Were you injured in a crash with a speeding driver in Queens? You have the right to seek compensation for your economic losses and your non-economic damages. Do not let insurance companies pressure you into accepting an unfair settlement. Insurance companies (even your own provider) will not be on your side after a crash. You need to take action to hold them accountable. A top-rated attorney can help. Along with other damages, your Queens speeding accident lawyers can help you seek compensation for:
- Automobile repairs or replacement;
- Ambulance costs and other emergency medical care;
- Hospital bills and other health care costs;
- Rehabilitative medical support;
- Loss of wages and diminishment of earnings;
- Pain and suffering & emotional distress;
- Long-term physical disability;
- Loss of quality of life; and
- The wrongful death of a close family member.
How Our Queens Speeding Accident Lawyer Can Help
R. Ariel Poltielov is a Queens car accident attorney who fights for justice for victims and their families, including in speeding crash claims. We invest time, resources, and attention to detail into each and every case. Our results tell the story best. If you were involved in a speed-related crash of any kind in Queens, it is imperative that you have a top attorney on your side. Our Queens, NY auto accident lawyers provide free, no obligation, and confidential initial consultations. It is our mission to help you get the best outcome in your case.
Speeding Accidents in Queens: Frequently Asked Questions (FAQs)
How long do I have to file a speeding accident lawsuit in New York?
The statute of limitations for personal injury claims is generally three years from the date of the accident. Claims involving municipalities require a notice of claim within ninety days. To be clear, missing these deadlines can permanently bar recovery. You do not want to miss out on your chance at pursuing financial compensation after a crash. A proactive approach is the best approach: Consult with a Queens car accident attorney right away.
How does New York law treat speeding in accident cases?
Speeding is a violation of the duty to operate a vehicle with reasonable care. Exceeding the posted speed limit or driving too fast for conditions may constitute negligence. With that being said, speed alone does not establish liability unless it is shown to have caused the collision. Every crash should be investigated by an experienced Queens auto accident lawyer.
Does New York’s no-fault law apply to speeding accidents?
Yes. New York is a no-fault state regardless of whether speeding caused the crash. An injured victim must first seek no-fault benefits for medical expenses and limited wage loss. Liability claims are restricted unless the serious injury threshold or economic loss exception is met. No matter the nature of your claim, our Queens, NY speeding accident lawyer is here to help you get justice.
Can I sue a speeding driver for pain and suffering?
Pain and suffering damages are recoverable in a fault-based claim, but not in a no-fault claim. In effect, that means that you can sue for pain and suffering after a speeding crash only if your claim qualifies for litigation under New York’s no-fault law. You must prove a statutory serious injury or economic loss exceeding the basic limit.
Contact Our Queens, NY Speeding Accident Attorney Today
At Poltielov Law Firm P.C., our Queens car accident lawyer is an aggressive, experienced, and compassionate advocate for justice. If you were hurt in a crash with a speeding driver, we can help. Call us now or contact us online to arrange your no-cost, no-commitment initial case review. We handle speeding accident injury claims in Queens and throughout the region in New York City.