Bronx Car Accident Lawyer

Fighting for the Bronx Since 1992 | Over $500 Million Recovered

If you’ve been injured in a collision in The Bronx, you need a Bronx car accident attorney who understands the specific dangers of our borough’s streets. At Oresky & Associates, PLLC, our office has been a fixture on East 149th Street for over 30 years. We know the Bronx courts, the local precincts, and the tactics insurance companies use to undervalue Bronx residents.

When you hire us, you have access to a legal team that will dedicate themselves to your case. Our compassionate personal injury lawyers in the Bronx will treat you like family, easing your legal burden. When you hire us, you aren’t just getting a lawyer; you are getting a team with over 30 years of experience and a track record of winning multi-million dollar verdicts and settlements. Get started on your case today with a free initial consultation. Call us at (929) 560-0687.

The Most Dangerous Roads in The Bronx

Many Bronx accidents are exacerbated by potholes and poor lighting. If a defective roadway caused your crash, we may pursue a claim against the NYC Department of Transportation (DOT), but you must act within the 90-day Notice of Claim window.

New York’s No-Fault Filing Deadline and Statute of Limitations

One of the most important things a Bronx car accident lawyer does is protect your right to sue by meeting strict legal deadlines. In New York, the windows for action are much smaller than most people realize.

The 30-Day No-Fault Deadline

New York is a “No-Fault” insurance state. This means that regardless of who caused the accident, your own insurance (or the insurance of the car you were in) pays for your initial medical bills and a portion of your lost wages. However, you must file an Application for No-Fault Benefits (Form NF-2) within 30 days of the accident. If you miss this deadline, your medical providers may bill you directly, leaving you with thousands in debt.

The 90-Day Notice of Claims Against the City of New York

If your accident involved a vehicle owned by the City of New York, the MTA, or the NYPD, or if the crash was caused by a poorly maintained road, you must file a “Notice of Claim” within 90 days. This is a formal notification to the government that you intend to sue. Failure to file this notice usually results in the immediate dismissal of your case.

The 3-Year Statute of Limitations for Personal Injury

Each state sets a statute of limitations that explains how long you have to file a car accident lawsuit. In New York, CPLR 214(4) states you have three years to submit a personal injury lawsuit. If your loved one passed away in a car accident, you have even less time to file a wrongful death lawsuit. EPTL 5-4.1 gives you just two years to submit your case.

If you don’t file your lawsuit on time, you could miss your chance to recover compensation. We encourage our clients to reach out to us as soon as possible. Once we understand the details of your case, we can explain which filing deadline applies and work to file on time.

What Is My Bronx Car Accident Case Worth?

The value of your Bronx car accident case depends on the severity of your “Damages.” The amount of compensation you can recover will depend on various factors such as your ability to return to work, the severity of your injuries, and the extent of your pain and suffering. Your medical treatment bills, property damage, and intangible losses will all be considered when we assign a value to your case.

You could be entitled to several types of recoverable damages after your car crash. Our car accident attorneys in the Bronx will demand a settlement that covers:

Economic Damages (Financial Losses)

Economic damages are the financial losses you suffered because of the accident. They often include:

• Your medical expenses, including current and future costs like hospital stays, ambulance transportation, assistive medical devices, doctor’s appointments, and prescription medications.
• Income you lost if you had to spend time away from your job to recover from your injuries.
• Reduced earning capacity, if your injuries prevent you from working your pre-accident job, resulting in lower pay than you once had.
• Property damage, if your car was damaged or totaled in the crash.

Non-Economic Damages (Quality of Life)

You can also pursue compensation for your non-economic, or intangible losses. These include:

• Physical pain and suffering caused by your injuries or medical treatment.
• Mental anguish, such as anxiety, depression, or other emotional distress brought on by the collision.
• Loss of enjoyment of life, if your injuries prevent you from participating in activities that made your life enjoyable.

The “Serious Injury” Threshold

Because New York is a No-Fault state, you can only sue the at-fault driver for “pain and suffering” if your injury meets the legal definition of “serious.” This includes:

• Fractures (broken bones)
• Significant disfigurement
• Permanent loss of use of a body organ or member
• A “90/180” injury (an injury that prevents you from performing your usual activities for 90 out of the 180 days following the crash).

Wrongful Death Damages

Severe car accidents can cause fatal injuries. Despite the impressive results of “Vision Zero” in the Bronx, which have reduced traffic fatalities by 31% since 2014, deaths still occur in traffic accidents in the borough. If you lost someone you love in a car crash in the Bronx, Oresky & Associates, PLLC offers its most sincere condolences. We will fight for wrongful death compensation such as:

• Funeral and burial expenses.
• Your loved one’s fatal accident-related medical bills.
• Loss of the decedent’s financial support.
• Loss of parental nurturing and guidance.
• Your loved one’s conscious pain and suffering.

While you take the time you need to honor your loved one’s life, our wrongful death attorneys in the Bronx will demand the settlement you need.

How Do I Prove Negligence After a Car Accident in New York?

The Bronx accident lawyers at Oresky & Associates, PLLC can prove negligence by collecting evidence such as witness statements, expert witness testimony, the police report, and photos and videos of the accident scene. We must satisfy the following four elements to prove negligence occurred:

• Duty of care: The at-fault party had a responsibility to keep you safe. For example, drivers are expected to follow all traffic laws to protect other road users.
• Breach of duty: The at-fault party failed to maintain their duty of care, instead displaying negligence. This might include driving drunk or tired.
• Causation: The at-fault party’s action or inaction caused the accident and your injuries. For instance, had the at-fault driver been sober behind the wheel, your accident would not have happened.
• Damages: You suffered damages, such as pain and suffering, medical bills, and lost income, because of the at-fault party.

Our firm is well-equipped to prove negligence, and we can even demonstrate that more than one party is at fault. For example, if you were injured by a rideshare driver while they were working, the driver and the rideshare company may be liable.

Comparative Negligence in the Bronx

New York follows a “Pure Comparative Fault” rule. This means that even if you were partially to blame for the accident, you can still recover damages. For example, if a jury finds you were 20% at fault because you were speeding, but the other driver was 80% at fault for running a red light, you can still recover 80% of your total damages. Insurance companies will always try to shift the blame to you to lower their payout, but a car accident attorney can help push back.

Can I Recover Damages If I’m Being Blamed for a Car Accident in New York?

You can recover damages even if another party is trying to blame you for the accident. Your own no-fault insurance company will cover the first $50,000 in medical expenses and lost income. However, in severe accident cases, your losses may exceed this limit. This is why it’s crucial for our firm to prove the at-fault party’s negligence.

Even if you were partially at fault for the accident, you can still recover a settlement. Our Bronx car crash lawyers will work to prove that another party is to blame for the collision.

What to Do After a Bronx Car Accident

The actions you take in the minutes and hours after a crash will determine the success of your legal claim.

1. Call 911 Immediately

   Never settle it privately with the other driver. You need an official NYPD Accident Report. Depending on where you are, officers from the 40th, 44th, 48th, or 52nd Precinct will respond. Ensure the officer records your version of the events.

2. Document the Scene

   If you are physically able, use your phone to:
   – Take photos of all vehicle damage.
   – Take photos of the surrounding area (traffic lights, skid marks, or potholes).
   – Record the license plate numbers and insurance info of all involved.
   – Get the names and phone numbers of any witnesses.

3. Seek Medical Attention

   Go to the nearest emergency room. In the Bronx, this usually means St. Barnabas Hospital, Montefiore, Lincoln, or Jacobi. Do not “tough it out.” Adrenaline often masks the pain of a concussion or internal bleeding. A delay in treatment is the #1 reason insurance companies deny claims.

4. Contact Oresky & Associates, PLLC

   Before you call your insurance company, call us. Anything you say to an insurance adjuster can be recorded and used to minimize your settlement. We will handle all communications from day one.

What Causes Most Car Accidents in the Bronx, New York?

Car accidents in the Bronx, New York are often caused by an at-fault party’s negligence. Examples of negligence that often lead to car accidents include:

• Distracted driving, such as changing the car’s radio, talking with passengers, looking at a map, talking or texting on a cellphone, or otherwise not paying attention while driving.
• Drunk driving or driving under the influence of drugs. If a driver has a blood alcohol content of .05 or higher, they are considered impaired, and a reading of .08 is evidence of intoxication that indicates that someone is drunk and should not drive, in which case they will be held liable for the accident they cause.
• Aggressive driving, such as ignoring traffic rules out of road rage. Often, this involves speeding, following too closely, or cutting off another driver without caution.
• Driver fatigue or being too tired to safely operate a vehicle. Drivers who work for a taxi service or delivery company might be expected to work long hours driving around the Bronx. Driving while exhausted can lead to serious accidents.
• Failure to yield. With the amount of traffic often found on New York City’s roads, drivers may hesitate to yield at intersections in hopes of quickly arriving at their destinations.

Types of Car Accidents that We Help With

Our team at Oresky & Associates, PLLC has been serving car accident victims and their families for over 30 years. In our decades of experience, we’ve managed many types of car accident cases in the Bronx. Some of the types of cases we’ve handled include:

• Head-on collisions: When two cars traveling in opposite directions collide head-on.
• Rear-end accidents: The rear driver crashes into the vehicle in front of them. Several cars may rear-end, causing a pile-up.
• Side-impact collisions: A car sideswipes or collides with the side of another vehicle. This can cause injuries to the driver or passengers, depending on the side of the vehicle that suffered the impact.
• Rollover accidents: The force of the collision causes the car to roll over.
• Merging accidents: This type of crash usually occurs on highway on-ramps and off-ramps. They can also happen when cars are trying to change lanes or merge into the same lane.
• Intersection accidents: When cars fail to yield the right of way or ignore stop signs and other traffic signals, intersection accidents can happen.

Even if your accident type is not listed here, our auto accident lawyers in the Bronx will do everything we can to secure a fair settlement on your behalf.

Typical Injuries that Bronx Car Accident Victims Sustain

Car collisions in the Bronx can lead to severe injuries. If you or someone you love suffered a car crash injury, you may be spending weeks or months visiting doctors, resting, and healing at Jacobi Medical Center, Montefiore, or Lincoln Hospital. Some of the common types of injuries we see in Bronx car accident survivors include:

• Head injuries, such as concussions, traumatic brain injuries (TBI), and contusions.
• Broken bones, which may require surgery or an extended amount of time in a cast or brace.
• Neck injuries such as whiplash or severe cuts and bruising from a seatbelt.
• Spinal cord injuries, which is a serious type of injury that could affect a victim’s ability to walk and participate in regular life activities.
• Traumatic amputation, which occurs when a vehicle accident’s impact is so intense that it causes a victim to lose a limb.
• Chest injuries, such as fractured ribs or heart problems associated with the accident.
• Mental health issues, such as anxiety, depression, and post-traumatic stress disorder.
• Organ injuries and internal bleeding.
• Facial trauma and injuries to the eyes.
• Fatal injuries.

Our legal team will gather evidence such as your medical records, witness statements, and photos of your injuries to prove that you deserve compensation. We know how expensive it can be to treat severe car accident injuries, so we will not settle for less than you’re entitled to.

How Can Oresky & Associates, PLLC Help Me After a Car Accident in the Bronx?

You can rely on our legal team to manage every aspect of the legal process for you. You deserve time to mentally and physically recover from the accident and spend time with your family. While you rest and get the medical treatment you need, our auto accident attorneys in the Bronx will:

• Aggressively negotiate with insurance adjusters to reach a fair settlement.
• Keep you informed about the status of your case so that you’re always updated about how it is progressing.
• Gather all the evidence necessary to prove you’re entitled to compensation.
• Prove which party or parties caused your accident and demonstrate their negligence
• Take your case to trial, if needed.
• Complete all the required paperwork for your claim or lawsuit.
• Explain your legal options and provide honest communication about the viability of each legal route.
• Communicate with all other parties on your behalf, so you won’t need to face insurance companies or the at-fault party on your own.
• Hire expert witnesses to substantiate your claim.
• Answer any questions you have throughout the legal process without using any complicated jargon.

Let us fight for the justice you deserve and put our 30+ years of experience to work for you.