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Safe Biking in NYC and Bronx

/ Bicycle Accidents /

NEW YORK – Thinking about cycling to get around in the Bronx? You’re not alone. The NY Department of Transportation estimates 25% of adult New Yorkers bike the city for transportation or exercise. Of these, a Bronx bike accident lawyer says about three-quarters of a million ride a bike several times a month. Since 2006, the city has laid over 250 miles of new bike lanes, making cycling more accessible to the masses.

With so many people eager to hop on a bike in NYC, it’s becoming one of the safest cities to navigate on a bicycle. By following a few safety tips, you’ll be able to conquer your fears of riding in the Bronx and enjoy the freedom and independence that comes with it.

Tips for Cycling Safely in Bronx, NY

Watch Out for Pedestrians

First and foremost, NYC is a pedestrian city, which means you always have to yield to them. According to a Bronx bike accident lawyer, it doesn’t matter if they have the right-of-way or not; you must always be aware of pedestrians and where they are headed. Even if they seem aloof, hiding their faces behind their phones.

Follow All Car and Bike Road Rules

Road rules exist to make people’s movements predictable and keep commuters safe. As a cyclist, you take on the tricky role of a commuter who is not a motorist, but not quite a pedestrian, either. In some ways, this can make your journey more precarious. By following all the rules of the road as if you are a driver, you reduce the risk of being struck by a vehicle.

Cyclists also need to adhere to rules designed specifically for them. Be sure to wear reflective clothing at night, and have functioning lights on your bike. Also be sure to use the appropriate hand signals when turning. To view a complete list of NYC traffic rules and regulations, click here.

Watch Out for Car Doors

Getting “doored” is a real threat in the city that never sleeps. Much of the city’s parking is available streetside, meaning that — even if you’re using a designated bike lane — you run the risk of being slammed with a car door if the driver parks too close to the lane or opens a door without looking. The more you can predict the people around you’s movements, the greater your ability to remain bruise-free will be.

Wear a Helmet

In New York City, children between the ages of 5 and 14 (but excluding 14-year-olds) must wear a helmet by law. Adult cyclists in the Bronx should always wear a helmet, especially when commuting on congested roads.

Stay Off the Sidewalk

NYC traffic laws forbid riding a bike on sidewalks unless signs indicate otherwise. Sidewalks are reserved for pedestrians only. If you must hop on a sidewalk with a bike, walk the bike until the next street.

In the event of a bike accident which results in serious injuries, cyclists may turn to a trustworthy Bronx bike accident lawyer to help you pursue an insurance claim for damages. Severe injuries may lead to steep medical bills and other hardships, including lost wages, property damage, and emotional distress.

At Cellino & Barnes, our experienced Bronx bicycle accident attorneys can help you understand your options for financial recovery after a crash. Call our law office for a free consultation or contact us online.

Cellino & Barnes (800) 888-8888

What Caused A Deadly Upstate New York Limousine Accident?

/ News, Uncategorized /

SCHOHARIE, N.Y. – Investigators are calling it the nation’s deadliest accident in nearly a decade. The National Transportation Safety Board (NTSB) said a limousine carrying 18 people to an Upstate New York birthday party blew past a stop sign, crashing into a parked car and two pedestrians near Albany on Saturday.

In total, 20 people were killed, including:

  • Erin Vertucci McGowan
  • Shane McGowan
  • Amanda Halse
  • Patrick Cushing
  • Mary Dyson
  • Rob Dyson
  • Allison King
  • Abigail Jackson
  • Adam Jackson
  • Amy Steenburg
  • Axel Steenburg
  • Rich Steenburg
  • Matthew Coons
  • Savannah Bursese
  • Amanda Rivenburg

At the time this article was published, the NTSB had not released an official list of victims, but family members have confirmed that Erin McGowan, Shane McGowan, Amanda Halse, Patrick Cushing, Mary Dyson, Rob Dyson, Allison King, Abby Jackson, Adam Jackson, Amy Steenburg, Axel Steenburg, Rich Steenburg, Matthew Coons, Savannah Bursese, and Amanda Rivenburg were all friends or family members.

The group, including two newlyweds (Erin and Shane McGowan) had rented the limousine to celebrate Amy Steenburg’s 30th birthday. According to several media reports, the party of 17 were taking the 2001 Ford Excursion limousine to an upstate New York brewery in Cooperstown. Officials said the trip was tragically cut short when the limo missed a stop sign at a dangerous intersection in Schoharie, New York, about 40 miles west of Albany.

Robert Sumwalt, chairman of the National Transportation Safety Board, said investigators with the federal agency are working to determine what caused the crash, the worst in the U.S. since 2009.

“It’s important to figure out what happened and why it happened to prevent things like this from happening in the future,” Sumwalt said during a news conference Sunday.

Limousine Safety Called Into Question

The crash may be the deadliest accident in the U.S. this decade, but there has been a deadly limo accident every year since at least 2000. Those crashes are blamed for 68 deaths.

“This does need to be a wake-up call,” Sumwalt told CNN over the weekend. “Here we have 20 lives that have been lost tragically. We do need to learn from this.”

Stretch limos, which are chopped up vehicles then extended in length, are not subject to any regulatory agency. As a result, experts say safety is often overlooked.

Most states do not require seat belts to be worn in limousines, and many limos don’t even feature seat belts.

Sumwalt told reporters that none of the passengers in the limo were wearing seat belts, and it’s unclear at this point whether seat belts would’ve made a difference in this crash However, it is a factor investigators are looking at.

Investigating A New York Limo Accident

An extensive investigation should be able to determine what exactly caused this heartbreaking limo crash in Schoharie, New York. Investigators have already released some of the facts, but families still have many unanswered questions:

  • Was the driver paying attention?
  • How many hours did the driver work?
  • Was the vehicle safe to drive?
  • Was the stop sign clearly visible?
  • Was the limo traveling too fast for road conditions?
  • Was the driver well-trained?
  • Could there have been a malfunction?

These are just some of the questions a full investigation should be able to answer.

Prestige Limousine, the company which owned and operated the limo, had its fleet of vehicles inspected five times in the past five years. Over that time, four vehicles were removed from service, public records show.

It is not yet clear whether the 2001 Ford Excursion limousine had any mechanical issues that could’ve contributed to the limo accident in Schoharie. However, New York limousine accident lawyers say it’s important to gather all the facts, and as much evidence as possible.

The evidence gathered by federal investigators, local police departments and private investigations will be very important for the families of the victims when choosing to file any wrongful death claim. In many cases, limo accident victims and their families choose to file wrongful death claims to hold those responsible for the accident accountable, and get compensation for their injury or loss of a loved one. An experienced NY limo accident lawyer understands how to help the families answer their questions and recover compensation for the loss of financial support from a victim of a tragic limo accident.

A successful limo accident claim can also help make meaningful changes in our communities that can improve limousine safety in New York, and across the nation. Whether it’s adding seat belts, mandating their use, or improved training of limousine drivers, a claim can make a difference.

The goal is to make sure that accidents like the one that killed Erin McGowan, Shane McGowan, Amanda Halse, Patrick Cushing, Mary Dyson, Rob Dyson, Allison King, Abby Jackson, Adam Jackson, Amy Steenburg, Axel Steenburg, Rich Steenburg, Matthew Coons, Savannah Bursese, Amanda Rivenburg and several others can be avoided in the future.

If you or a loved one has been hurt in a limousine accident, you may want to contact an experienced New York limo accident attorney to help you get the best result possible.

If you decide to contact our team, our best limo accident attorneys will be immediately available to assist you and your family. For a free consultation, call us at (800) 888-8888.

What Do I Do After An Accident With A FedEx Truck?

/ News, Truck Accident /

NEW YORK – Truck accidents happen every day, and they can involve all kinds of trucks. Many victims ask the question, What Do I Do After An Accident With A FedEx Truck? From big tractor trailers to UPS, Postal Service and FedEx trucks, these accidents often result in serious injuries. They can also be costly injuries, and you may need the help of an experienced Bronx truck accident lawyer to help you get fair compensation.

What Do I Do After An Accident With A FedEx Truck?

As with all motor vehicle accidents, these steps should be followed immediately after the truck crash:

  1. Get immediate medical attention
  2. Get information from the FedEx truck driver
  3. Take pictures, if possible
  4. Contact police and get an accident report

All of this information will be helpful in the future, if you decide to contact a Bronx truck accident lawyer and pursue a claim.

About FedEx Truck Crashes

FedEx Corporation is one of the largest freight and delivery companies in the world. Its employees deliver nearly 7-million packages each day. That’s a lot of deliveries – and even more driving miles.  And statistics show: the more you’re on the road, the more likely it is that you’ll be in an accident.

Here are some of the most common scenarios in which a FedEx truck has injured another driver, pedestrian or bicyclist in New York:

  • Rear ended by a FedEx truck
  • Sideswiped by a FedEx truck
  • FedEx truck hit my car, which was parked
  • FedEx driver took a wrong turn
  • FedEx truck crashed into me at an intersection
  • A delivery box fell off a FedEx truck and hit my car

One of the most important factors to consider is the fault. When a driver is found at fault for a car or truck accident, their insurance company may be held liable for another person’s injuries. These are some of the most common causes of a FedEx truck accident in the Bronx:

  • Insufficient training
  • Improperly loaded cargo or lose cargo
  • Failure to maintain trucks
  • Speeding
  • Sudden stops
  • Violations of trucking regulations
  • Following too closely
  • Overworked/Drowsy driving
  • Suspended license, failed to notify the company

If you’ve been injured in a FedEx truck crash in the Bronx, you may be wondering, What Do I Do After An Accident With A FedEx Truck? You could receive significant compensation for your injuries if you believe the truck driver was at fault for the accident.

This compensation can help pay for things like:

  • Medical bills
  • Lost wages
  • Pain & suffering
  • Transportation costs
  • Rehabilitation
  • And more…

It’s crucial to act fast when you’ve been injured in any type of accident. There are deadlines that must be met if you intend to file a claim. A team of experienced FedEx truck accident lawyers in the Bronx can help you file a claim on-time and get the best result possible. Whether that means getting a fair settlement with the insurance company or going to trial, our goal is to get you fair compensation.

When you contact Cellino & Barnes, we’ll make sure your case is handled by our best a FedEx truck accident attorney in the Bronx. We’ll also use our years of experience and resources to help maximize the compensation you receive. Call us today or contact us online for a FREE case evaluation.

Cellino & Barnes (800) 888-8888

I-84 Tractor-Trailer Crash Claims A Life In Kent, New York

/ News /

KENT, N.Y. – An early morning crash on Interstate 84 killed one driver, and kept the busy eastbound lanes closed for nearly 12-hours. New York State Police said Thomas Cipolla, 52, of Beacon was killed in a crash with a tractor-trailer.

According to State Police, Thomas Cipolla was heading eastbound on I-84 behind a tractor-trailer hauling watermelons. For unknown reasons, the truck struck a guardrail and overturned on the highway. Police said Thomas Cipolla hit the underside of the tractor-trailer, causing both vehicles to catch fire.

The truck driver, identified as Sergio Khundiashvili, 36, of Brooklyn, teamed-up with a passerby and attempted to rescue Thomas Cipolla from his car. However, Mr. Cipolla was pronounced dead at Putnam Hospital Center in Carmel.

Since 2011, fatal truck crashes have spiked 16-percent, according to the Insurance Institute for Highway Safety. In 2016, there were over 2,600 deadly truck crashes.

New York truck accident lawyers say many truck crashes can be blamed on inattentiveness. Particularly in the early morning hours, drowsy driving is a serious problem on America’s highways. According to AAA, drowsy driving is a factor in over 300,000 crashes each year. However, there are many other factors that need to be investigated when a collision involves a large truck.

A thorough legal investigation will look at many of these potential factors, including:

  • Truck maintenance records
  • Truck driver safety records
  • How long the driver was on the road
  • Overall road safety
  • Surveillance video
  • Traffic signals
  • Dashcam video from the truck itself or other drivers in the area
  • Road striping
  • And More

In many cases, truck accident victims and their families choose to file personal injury claims to get compensation for their injury or loss of a loved one. When an experienced NY truck accident lawyer gets involved, families have a higher chance of recovering compensation that can help pay for:

  • Expenses from hospitalization
  • Medical treatments
  • Loss of financial support from the victim
  • Pain and suffering
  • And More…

A successful truck accident claim can also help make meaningful changes in our communities that can improve the safety for others sharing the roadways with big trucks in Kent, Beacon, and on interstate highways across the nation. The goal is to make sure that accidents like the one that killed Thomas Cipolla can be avoided in the future.

If you or a loved one have been hurt in any type of truck accident, you may want to contact an experienced New York truck accident attorney to help you get the best result possible.

If you decide to contact our team, we’ll put our best truck accident attorneys on your case. For a free consultation, call us at (800) 888-8888.

When Should I Hire a Car Accident Lawyer in Brooklyn?

/ Car Accident /

NEW YORK – If you’ve recently been in a car crash in Brooklyn, the chances are that at some point, you’re going to want to get the advice of a qualified personal injury attorney. Whether or not you are hurt, you may have questions about your crash that a Brooklyn car accident attorney is best capable of answering. If you are beginning to wonder if you should call a lawyer, the answer is “yes.”

Reasons Most People Call a Lawyer After an Accident

People call car accident lawyers in Brooklyn at all different times depending on their particular situation. Most of the time, any of the following circumstances pushes a person who has been involved in an accident to make that call:

  • Serious injuries
  • Time-consuming tasks
  • Financial hardships

Serious Injuries

A person who has become injured may hesitate to get in touch with a lawyer; however, after a few days or weeks of persistent pain and no improvement, it’s the wise thing to do. Many injuries caused by car accidents don’t go away on their own and require extensive medical care. You may be entitled to damages to help you pay those expenses.

Time-consuming Tasks

Additionally, those who feel overwhelmed with busy work stand to receive considerable relief when they get a lawyer on their case. As soon as an accident takes place, victims must deal with accident reports, insurance adjusters, medical professionals, and more. They may have to answer several phone calls from insurance companies asking dozens of questions that they may not know how to answer.

Sometimes, giving insurance agents too much information or the wrong information can lead your case astray. The pressure from all these additional tasks when you’re trying to recover from the trauma of the accident (and potentially any injuries) is usually enough to persuade people to get professional legal help.

Financial Hardships

Finally, those who can handle their injuries and communicate with the various entities may ultimately give in when they feel the pressure of their finances taking a hit. Car accidents can result in significant expenses, even if you suffered only minor injuries. A trip to the emergency room can cost thousands of dollars these days, even if they found nothing wrong. Working with an experienced attorney can help you recover compensation to pay for that trip, as well as property damage, and any other accident-related expenses.

When Should You Call a Personal Injury Attorney in Brooklyn?

The sooner you call a Brooklyn car accident attorney after a car accident, the better your chances will be of receiving a favorable settlement that covers the necessary expenses. If you think that you will eventually seek legal advice, why not take action now? The sooner an attorney can build a strong case, the more successful it can be.

If you wait too long to call a lawyer in Brooklyn about your car accident, you could jeopardize your claim. Lawyers have deadlines to meet to win a settlement on your behalf. You may have just a few months following your accident to notify the at-fault party that you intend to file a lawsuit. Your attorney also needs time to gather evidence that supports your side of the story.

What are you waiting for? The team of car accident lawyers in Brooklyn at Cellino & Barnes are ready to inform you of your legal options for recovery at this time. Call us for a free consultation.

Cellino & Barnes (800) 888-8888

What is a Serious Truck Accident?

/ Truck Accident /

ROCHESTER, N.Y. – It’s reasonable to see why almost anyone who gets into an accident can consider it to be “serious.” If the body of the vehicle sustained damage, that alone is a considerable expense the driver did not expect. Ultimately, truck accidents can result in catastrophic damages – and not just to your vehicle. In New York state, a “serious truck accident” is one which results in serious injury to anyone involved in the accident.

There are many ways to recover compensation for your injuries after a serious truck crash. Your own insurance policy should cover some of the costs, but it may be necessary to hire an experienced Rochester truck accident lawyer and file a claim against the trucking company and its insurance policy.

Understanding Serious Injuries in a Rochester Truck Accident

Meeting the serious injury threshold allows injured parties to pursue a lawsuit against those who caused their injuries through negligent or reckless driving. In New York State, our mandated no-fault insurance system reimburses truck accident victims for:

  • Medical bills, including the cost of psychiatric treatment and physical therapy
  • Lost earnings of up to $2,000 per month for up to 3 years
  • Up to $25 per day for up to one year for other accident-related expenses

But truck accidents are some of the most violent collisions on the road, and it’s unlikely that your no-fault policy will cover your medical bills, lost wages, and more. In these cases, victims can go around their insurance policies to get more from the people and companies responsible for the accident.

What are examples of serious injuries in Rochester?

In order for an injury to be considered serious, it must considerably disrupt the victim’s life or even result in death. More specifically, serious injuries are any that cause:

  • Dismemberment
  • Significant disfigurement
  • Loss of a fetus
  • Fracture
  • Loss of a bodily function or organ
  • Brain damage
  • A non-permanent injury or impairment that prevents the victim from conducting his daily tasks for no fewer than 90 days over the course of 180 days immediately following the accident

Signs Your Injury May be Serious

Most truck accidents cause serious injuries. So, if you were in a truck accident and are now wondering if your injuries are considered ‘serious,’ they probably are. Even in ‘minor’ truck accidents, victims may not realize right away that they’ve been injured. Because of the shock of the accident, you may not feel any pain or weakness. It may take a few days for symptoms of an injury to present themselves.

Any of these may be a sign of a much larger issue:

  • Headaches
  • Dizziness
  • Neck and shoulder pain
  • Back pain
  • Tingling sensations
  • Anxiety or depression
  • Numbness or weakness in certain areas
  • Memory loss
  • Fatigue

Don’t ignore your symptoms. Seek immediate medical attention, then contact a serious truck accident lawyer in Rochester with decades of experience protecting the best interests of their clients. Call the Rochester truck accident lawyers at Cellino & Barnes for a free consultation about your accident case. If you qualify, we’ll put our best truck accident lawyers in Rochester on your case to make sure you get the largest possible settlement or verdict.

Cellino & Barnes (800) 888-8888

East Moriches Box Truck Backs Into Woman, Prompting Safety Check

/ Truck Accident, Workers Compensation /

EAST MORICHES, N.Y. – Police are calling it a “tragic industrial accident” after a large truck backed into Julia Molina, 49, of Mastic on Wednesday.

According to Suffolk County Police, Julia Molina was hit and killed by a box truck at Kurt Weiss Greenhouse on the corner of North Service Road and Chapman Boulevard in East Moriches.

The accident prompted a safety check of the truck, and the Occupational Safety and Health Administration (OSHA) was notified of the deadly accident.

Homicide detectives said the incident that killed Julia Molina at Kurt Weiss Greenhouse in East Moriches remains under investigation.

Industrial mishaps like the one in East Moriches are tragically common across New York State. In fact, motor vehicle accidents are some of the most common causes serious injury or death in the workplace.

According to OSHA, there are more than 2,000 occupational motor vehicle deaths each year, which accounts for more than 30-percent of all occupational fatalities. These accidents could have been prevented with proper training and oversight.

While most truck drivers are well-trained, Long Island truck accident lawyers say many occupational motor vehicle accidents involve operators who are either new to the job or do not regularly drive large trucks. In these cases, an extensive legal investigation should be able to determine exactly what went wrong.

An experienced Long Island attorney can help uncover vital pieces of evidence that can help a victim’s family to get justice and compensation after an industrial accident. This compensation can help pay for things like:

  • Hospital expenses
  • Loss of financial support from a loved one
  • Pain and Suffering
  • And More

Thousands of families choose to file wrongful death claims every year. A successful claim can not only recover significant compensation for that family; it can also help make meaningful changes in our communities and place an emphasis on safety in the workplace. Whether an accident happened at a construction site, industrial complex, home improvement store, delivery location, or at a plant nursery, it’s always important to uncover the truth and make sure accidents like the one that killed Julia Molina do not happen again.

If you or a loved one has been hurt in any type of truck accident, you should contact an experienced personal injury attorney to help you through the legal process.

If you decide to contact our team, you’ll have our best truck accident lawyers working on your case. For a free consultation, call us at (800) 888-8888.

Tragic North Bergen Truck Accident Claims Passenger’s Life

/ News, Truck Accident /

NORTH BERGEN, N.J. – A passenger of a car that collided with a tractor-trailer last week has died from his injuries, the Hudson County Prosecutor’s Office said in a news release this week. The driver of the car remains in critical condition at Hackensack University Medical Center.

William David, 36, of North Bergen passed away Sunday morning. The 15th traffic fatality in Hudson County this year, William David was a passenger in a 2013 Infiniti G37 when the vehicle collided with a truck on West Side Avenue Thursday night. According to investigators, the tractor-trailer pulled out of a driveway on West Side Avenue, causing the collision.

Daniel Rodriguez, 18, of North Bergen was the driver of the Infiniti that collided with the truck. He remains at the hospital in critical condition.

The crash is still ‘under investigation,’ and the prosecutor’s office is asking the public for witnesses to come forward with any information they may have on the crash that sent both Daniel Rodriguez and William David to area hospitals.

In 2017, Hudson County recorded 26 deaths due to car accidents.

A New Jersey truck accident lawyer says drivers of tractor-trailers are often well-trained, but they have to be very alert when entering roadways. There are also many more factors that need to be investigated where the collision involves large trucks.

Truck crashes are often traced back to driver error, but there could be several factors that contributed to the crash. An extensive investigation can analyze a truck driver’s record and the number of hours he’s spent working; both outside the truck and while behind the wheel.

Although driving records can be important in any investigation, an experienced attorney can find other pieces of evidence that could help a victim’s family maximize their compensation when filing a claim. A thorough legal investigation will look at other factors, including:

  • Truck maintenance records
  • Overall road safety
  • Surveillance video
  • Traffic signals
  • Dashcam video from the truck itself or other drivers in the area
  • Road striping
  • And More

William David is the 15th traffic fatality in Hudson County this year, and almost all of these accidents were preventable. In many cases, victims and their families choose to file lawsuits to get compensation for their injury or loss of a loved one. This compensation can include several items, such as:

  • Expenses from hospitalization
  • Medical treatments
  • Loss of financial support from the victim
  • Pain and suffering

A successful claim can also help create meaningful changes in our communities that aim to improve the safety for others in North Bergen and Hudson County so that accidents like the one on West Side Avenue that killed William David and severely injured Daniel Rodriguez can be avoided in the future.

If you or a loved one have been hurt in any type of truck accident, you should contact an experienced personal injury attorney to help you through the legal process.

If you decide to contact our team, we’ll put our best truck accident lawyers on your case. For a free consultation, call us at (800) 888-8888.

When Should I Hire a Car Accident Lawyer in Rochester?

/ Car Accident /

ROCHESTER, N.Y. – If you’ve recently been in a car crash in Rochester, the chances are that at some point, you’re going to want to get the advice of an experienced personal injury attorney. You may have questions about your accident that an attorney is best capable of answering. If you are beginning to wonder if you should call a lawyer, the answer is “yes.”

Reasons Most People Call The Best Lawyer in Rochester After A Car Accident

People call car accident lawyers in Rochester at all different times depending on their particular situation. Most of the time, any of the following circumstances pushes a person who has been involved in an accident to make that call:

  • Serious injuries
  • Time-consuming tasks
  • Financial hardships

Serious Injuries

A person who has become injured may hesitate to get in touch with a lawyer; however, after a few days or weeks of persistent pain and no improvement, it’s the wise thing to do. Many injuries caused by car accidents don’t go away on their own and require extensive medical care. You may be entitled to damages to help you pay those expenses.

Time-consuming Tasks

Additionally, those who feel overwhelmed with busy work stand to receive considerable relief when they get a lawyer on their case. As soon as an accident takes place, victims must deal with accident reports, insurance adjusters, medical professionals, and more. They may have to answer several phone calls from insurance companies asking dozens of questions that they may not know how to answer.

Sometimes, giving insurance agents too much information or the wrong information can lead your case astray. The pressure from all these additional tasks when you’re trying to recover from the trauma of the accident (and potentially any injuries) is usually enough to persuade people to get professional legal help.

Financial Hardships

Finally, those who can handle their injuries and communicate with the various entities may ultimately give in when they feel the pressure of their finances taking a hit. Car accidents can result in significant expenses, even if you suffered only minor injuries. A trip to the emergency room can cost thousands of dollars these days, even if they found nothing wrong. Working with an experienced attorney can help you recover compensation to pay for that trip, as well as property damage, and any other accident-related expenses.

When Should You Call a Personal Injury Attorney in Rochester?

The sooner you call an attorney after a car accident, the better your chances will be of receiving a favorable settlement that covers the necessary expenses. If you think that you will eventually seek legal advice, why not take action now? The sooner an attorney can build a strong case, the more successful it can be.

If you wait too long to call a lawyer in Rochester about your car accident, you could jeopardize your claim. Lawyers have deadlines to meet to win a settlement on your behalf. You may have just a few months following your accident to notify the at-fault party that you intend to file a lawsuit. Your attorney also needs time to gather evidence that supports your side of the story.

What are you waiting for? The team of personal injury lawyers in Rochester at Cellino & Barnes are ready to inform you of your legal options for recovery at this time. Call us for a free consultation.

Cellino & Barnes (800) 888-8888

What is the New York Statute of Limitations for Personal Injury?

/ Personal Injury /

BUFFALO, N.Y. — Every state restricts the amount of time in which a person may pursue legal action for a personal injury case. This time limit is called the “statute of limitations.” In New York, those who are injured by a third party must comply with the statute of limitations and file a lawsuit before the time runs out if they hope to recover financial damages for their personal injury accident.

New York’s Statute of Limitations for Personal Injury

If you wish to pursue legal action for a personal injury accident in Rochester, you have just three years from the date of the accident to begin the process. This means that you must file the complaint and all accompanying paperwork within three years from the date the accident took place and not three years from the time you discovered your injuries.

The statute of limitations of three years applies to almost all types of personal injury lawsuits; so, whether you were hurt because of a negligent driver in an automobile car accident, the carelessness of a manufacturer in a defective product incident, or if you slipped and fell in a grocery store, the amount of time you have to pursue legal action in civil court to recover damages remains the same.

Does this mean that if you fail to file a lawsuit within three years, you can no longer recover for your injuries? What options do you have if you miss the deadline? In rare cases, the statute of limitations in New York may be extended.

Seeking Damages After Time is Up

The defendant against whom you attempt to file a lawsuit will almost certainly file a motion to dismiss your lawsuit if you file after the statute of limitations expires. The court will more than likely dismiss your case unless a rare exception allows you to have extra time. If the court denies your lawsuit, you lose the right to pursue compensation for your losses, no matter how badly the defendant hurt you.

Exceptions to the 3-Year Statute of Limitations

In some cases, it may be possible to pursue a lawsuit after the statute of limitations has expired. The following circumstances  may require more time:

  • If an injured person is under 18 at the time of the accident or considered to be of unsound mind, the three-year clock won’t start until the person turns 18 or is declared sane.
  • If the at-fault party leaves New York after causing the accident and before the lawsuit can be filed, and is gone for four months or longer, the period of his or her absence won’t count toward the three years.

If you have any questions, it’s best to seek the guidance of a professional personal injury lawyer in Buffalo. Cellino & Barnes has helped many clients recover the compensation they need to get back to their lives after a severe accident. Contact us for a FREE personal injury consultation, and we’ll connect you with our best personal injury lawyer for your case.

Cellino & Barnes (800) 888-8888

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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