Law Offices of Eric H. Green and AssociatesLaw Offices of Eric H. Green and Associates2026-07-14T03:45:53Zhttps://www.erichgreen.com/feed/atom/WordPress/wp-content/uploads/sites/1604941/2025/05/cropped-EHG_favicon_site-icon-32x32.pngOn Behalf of Law Offices of Eric H. Green and Associates<![CDATA[How long does a New York car accident claim typically take?]]>https://www.erichgreen.com/?p=484942026-07-08T05:52:41Z2026-07-13T05:48:04ZDealing with the aftermath of a car accident can be incredibly stressful. Beyond managing medical appointments and vehicle repairs, you are likely left wondering how long the resolution process will actually take. While the timeline depends on factors like your specific injuries and the evidence at hand, learning about the common delays can help you manage your claim with more confidence.
Most claims take several months
Many New York car accident claims resolve within six months to two years, though more complex cases can take longer. Cases involving minor injuries and clear evidence often move more quickly.Claims may take longer when you have serious injuries or need ongoing medical treatment. It can be difficult to determine the full cost of an injury until your condition has stabilized.
Investigations and medical treatment affect timing
Insurance companies usually review police reports, medical records, photographs and other evidence before deciding how to handle your claim.If parties dispute fault or require additional evidence, the investigation may take longer. Ongoing medical treatment can also delay the process because future medical costs and lost income may still be unknown.
Court cases can take years
Not every claim settles through insurance negotiations. If a lawsuit becomes necessary, the timeline often increases.Court cases may involve exchanging evidence, taking witness testimony and attending hearings. In some situations, litigation can extend the process to two to four years or more.
Important deadlines can affect your claim
Even though a claim may take months or years to resolve, some deadlines arrive much sooner.New York's Civil Practice Law and Rules generally gives you three years from the date of the accident to file a personal injury lawsuit. You must also usually submit a no-fault benefits application within 30 days of the crash to the insurer.If your case involves a government vehicle or public entity, special rules may apply. In many cases, you must file a Notice of Claim within 90 days.
Keep records from the start
To help support your claim, keep important records, including:
Medical records and bills
Repair estimates
Photos of the accident scene and your injuries
Receipts for out-of-pocket expenses
Insurance correspondence
Keeping organized records and acting promptly can help you avoid delays and better gain clarity on your options as your claim moves forward.Every accident involves unique factors that can influence how a claim proceeds. If you are unsure about your next steps or the strength of your case, consulting with a legal professional can provide the objective perspective necessary to evaluate your options effectively.]]>On Behalf of Law Offices of Eric H. Green and Associates<![CDATA[Injured on New York public property? Answers to common questions]]>https://www.erichgreen.com/?p=484872026-06-24T10:28:35Z2026-06-24T09:11:23ZWhat counts as public property in New York?
In New York City, public property generally refers to sidewalks within government premises, parks, schools, subway areas, libraries and municipal buildings that the government owns or controls. In many cases, the key issue when an accident happens is not just the location. Rather, it is identifying the specific person or organization that holds the duty to maintain the premises.
What should an injured person do after the incident?
Getting medical care should be the first priority. After that, if the injured party is physically able, they should report the hazard and gather witness information. Early documentation can help show what happened and how the unsafe condition caused the injury.
Why are claims against the government different?
Claims against a city or public agency do not follow the same path as ordinary injury cases. New York law often requires claimants to file a Notice of Claim within 90 days. If the injured person misses that deadline, the right to recover compensation may disappear.
What evidence can strengthen the case?
Gathering the following key evidence immediately after an accident is vital:
Photos of the surrounding area and the hazard
Names and contact details of any witnesses
Accident or incident reports
Medical records and treatment notes
Proof of missed work and lost wages
Strong evidence gives a case credibility. It also helps connect the dangerous condition to the injury and the financial losses that followed.
Can an injured person recover compensation?
Yes. If the facts support liability, compensation may cover medical expenses, lost wages, pain and suffering and future care. In New York, even if the plaintiff is almost completely (99%) to blame, they are still legally allowed to pursue a claim and recover the remaining 1% of damages caused by the defendant.
When should legal action take place?
Legal action should be initiated as soon as possible after an incident occurs. Acting quickly helps preserve crucial evidence, identify witnesses and build a clear legal strategy. New York law also imposes strict deadlines for filing claims. Beyond the initial 90-day Notice of Claim, a lawsuit against a municipality must generally be filed within one year and 90 days of the accident. Missing these rigid deadlines may affect recovery of compensation.]]>On Behalf of Law Offices of Eric H. Green and Associates<![CDATA[Why evidence is vital in proving your bicycle accident claim]]>https://www.erichgreen.com/?p=484832026-06-04T08:33:15Z2026-06-04T08:33:15ZUnderstanding the serious injury threshold
Since New York is a no-fault state, insurance covers medical bills for minor incidents, regardless of who caused the crash. However, to sue for non-economic damages, you need to prove your injuries are severe. Essential evidence that may help you cross this threshold includes:
Medical records
Diagnostic imaging results
Expert testimonials
Doctors’ notes
These documents can serve as proof that your injuries are serious enough to cause you physical pain and mental distress.
Proving lack of fault
When it comes to claims, New York follows a pure comparative negligence rule. This means you may receive less compensation based on your percentage of fault. Witness statements and helmet-cam footage can help show what happened and protect your financial recovery.
Leveraging New York’s infrastructure
While medical documentation and financial statements are worth compiling, videos and reports of the accident can show how it occurred in real time. Fortunately, New York City is one of the most surveilled areas in the world. You can easily obtain evidence that was recorded from the surrounding area, such as:
Traffic camera footage
Business surveillance
MV-104 reports
When organizing and securing key proof, it is crucial to act quickly to preserve what you need for your case. A lawyer can help you by requesting camera footage and sending preservation letters to prevent the loss of important evidence.
When your recovery matters
Preserving evidence helps protect the truth and can be your best path toward justice. Taking prompt and careful steps after a bike crash can be key to getting the right support and the accountability you deserve.
]]>On Behalf of Law Offices of Eric H. Green and Associates<![CDATA[What you should do after a car accident in New York]]>https://www.erichgreen.com/?p=484822026-05-29T15:14:05Z2026-05-29T15:14:05ZIn a busy city like New York a car accident can ruin your day in an instant. It can quickly change your life before you can process what just happened. Even though such moments can be overwhelming, knowing the right steps to take can help you protect your safety and legal rights.
What is the first priority?
After any accident, your immediate priority should be safety. Check yourself for injuries and if medical attention is needed, call 911. Even if the injuries seem minor, some conditions may not show symptoms immediately. Therefore, it's always wise to take your health and safety seriously after a collision.
Documentation and reporting details
If you are physically able, documenting the scene and recording details of the crash can be highly valuable. If you are incapacitated, ask a family member, friend or a trusted individual to collect information such as:
Photos and videos of the car, road and traffic conditions
The driver’s contact, license and insurance information
Witness contact information
Copies of medical records and accident-related documents
It is important to notify your insurance company and keep records of all communication. On top of all these, make sure to file an accident report. A police report is often essential while dealing with insurance and legal matters.Also, be careful when discussing the accident and avoid admitting to any fault, as it could compromise your legal defense and affect your insurance policy.
Final thought to remember
A car crash can happen to anybody at any time. But taking the right steps after the incident can significantly impact future legal and insurance claims. With the right legal guidance, you can navigate such situations confidently and effectively.]]>On Behalf of Law Offices of Eric H. Green and Associates<![CDATA[What are the causes of pedestrian accidents?]]>https://www.erichgreen.com/?p=484642026-05-08T10:51:02Z2026-05-08T10:51:02Z300 pedestrians are killed, and 15,000 are injured by motor vehicles each year. These numbers highlight the severity of this issue and the importance of taking legal action to deter reckless driving behaviors in the state.
Why pedestrian accidents occur in NYC
The dense nature of the city creates a constant struggle for space between those on foot and those behind the wheel. When drivers fail to respect the rules of the road, the results are often catastrophic. Common factors that contribute to these incidents include:
Reckless driving: These behaviors include speeding to beat a red light, failing to yield at a crosswalk or doing aggressive lane changes.
Traffic flow: The sheer volume of cars, buses and delivery trucks can lead to gridlock and frustration. Drivers often become distracted by the chaos or attempt illegal maneuvers to bypass traffic, putting pedestrians in their blind spots.
Poor road infrastructure: Inadequate lighting, fading crosswalk paint and poorly timed signals can create death traps for pedestrians. When the environment doesn't clearly separate the people from traffic, accidents are far more likely to occur.
When drivers fail to prioritize safety, they violate the basic trust the public places in them. These errors turn the city’s streets into danger zones where pedestrians often suffer from the reckless behaviors of others.
Holding negligent drivers responsible
In New York, drivers have a strict legal duty to watch for people on foot, particularly in busy intersections and crowded boroughs. Staying informed about these driver responsibilities is crucial to ensure the negligent party is held accountable for the harm they caused. By understanding how the law protects you, you may take the right steps to secure justice for your injuries.]]>On Behalf of Law Offices of Eric H. Green and Associates<![CDATA[Who is liable when a pothole causes a bicycle accident in NYC?]]>https://www.erichgreen.com/?p=484572026-04-30T16:25:12Z2026-04-30T15:54:25ZYou are riding down a New York City street when your front tire drops into a deep pothole, and suddenly you are on the ground. It happens in a split second, but the pain and bills that follow can last much longer.
So, who is actually responsible when a bad road puts a cyclist in the hospital?
What is the prior written notice rule?
In New York City, suing the city for a bicycle accident is different because of the "prior written notice" law. Under the NYC Administrative Code, the city is generally not responsible for a pothole unless it got a written report about that exact defect at least 15 days before your accident, or unless the city directly caused the hazard through a bad repair.This rule gives the city time to fix the problem. You can check for such a notice by looking at the Department of Transportation's (DOT) Pothole Tracking System (PTS) or the Big Apple Pothole Map, which logs street defects across the city.
Who is responsible for road repairs?
Not all street repairs are the city's job. Private contractors and utility companies like Con Edison often dig up roads for their own work. If they leave the road in bad shape, they can be held responsible for your injuries. Unlike the city, private contractors do not get the protection of the "prior written notice" rule.Knowing who caused the pothole matters because it affects how and when you must file a claim.
What evidence do you need after a crash?
Act fast to get evidence. When safe, photograph the pothole and its location near a landmark or the nearest intersection. Gather contact information from any witnesses. If the claim is against the city, a 90-day deadline to file a Notice of Claim kicks in, so recording the scene and all medical treatment right away is key to meeting the city's right to a pre-suit examination.
When should you get legal help?
New York City's liability laws can be hard to navigate for injured cyclists. Missing a key step, like the 90-day Notice of Claim, can get your case thrown out, no matter how strong it is. If injuries are serious or road ownership is unclear, a lawyer who knows local road laws can help you identify the right defendant and meet every filing deadline while you focus on getting better.
]]>On Behalf of Law Offices of Eric H. Green and Associates<![CDATA[Distracted driving encompasses more than just texting]]>https://www.erichgreen.com/?p=484562026-04-14T20:28:34Z2026-04-14T20:28:34ZTexting and driving is the most well-known example of distracted driving. There is a reason for this, as it is very common and it does lead to numerous car accidents.
But it is also important for drivers to remember that they can be distracted by many things that go beyond just texting. They need to be aware of these risks so that they can avoid them and drive safely. Below are a few examples.
Driving with children
For parents, driving with children, especially when they are toddlers, can be highly distracting. Parents often end up trying to talk to children, entertain them or give them drinks and snacks in the car.
Daydreaming behind the wheel
Even just getting lost in thought can be a distraction. Have you ever arrived at home and realized that you cannot remember most of the drive? You may have been daydreaming without realizing it, meaning you are not paying attention to the road.
Eating and drinking
For many people, they have a busy schedule and may feel that they have to drink a cup of coffee during their morning commute or eat their dinner in the car on the way home. But eating and drinking can be highly distracting, especially if a drink spills or food falls on the floor of the car, leading to accidents.
Seeking compensation
Drivers should always focus on the task at hand: Operating their vehicle safely. Everything else should be put aside until they arrive home.In reality, though, many drivers get distracted on a consistent basis. Those who have been injured in accidents that these drivers cause need to know how to seek financial compensation.]]>On Behalf of Law Offices of Eric H. Green and Associates<![CDATA[Hit by a car in NYC? What to do next]]>https://www.erichgreen.com/?p=484542026-04-05T15:59:21Z2026-04-05T15:59:21ZImmediate safety and reporting
Call 911 immediately. Under New York Vehicle and Traffic Law, operators must report any accident involving injury, death or property damage exceeding $1,000 to the Department of Motor Vehicles (DMV) in writing using Form MV-104 within 10 days.
It is crucial to seek a medical evaluation even if injuries seem minor, as adrenaline often masks symptoms of internal trauma.
Critical filing deadlines
In New York, missing a deadline can permanently end your ability to collect damages. Keep these dates in mind:
30 days: You must file a written Application for No-Fault Benefits (Form NF-2) with the appropriate insurance carrier to cover medical bills and lost wages.
90 days: If a city-owned vehicle (like a bus or sanitation truck) hits you, you must file a sworn Notice of Claim.
1 year and 90 days: This is the statute of limitations for filing a lawsuit against a municipality or New York City.
2 years: The deadline for the estate to file a Wrongful Death claim.
3 years: The general time limit to file a Personal Injury lawsuit against private parties.
New York law is very strict about these dates; failure to act within these windows will likely result in the loss of legal rights, regardless of the severity of the injury or who was at fault.
Can you sue? The "serious injury" rule
To seek financial recovery for non-economic loss, the injury must qualify as a "serious injury" under New York Insurance Law. This legal standard covers nine categories, including:
Fractures (broken bones) or significant disfigurement;
Permanent consequential limitation of use of a body organ or member;
Significant limitation of use of a body function or system;
A non-permanent injury that substantially restricts your ordinary daily activities for 90 or more days within the first six months following the collision.
Think of these rules as a "legal gatekeeper." You must provide objective medical evidence to prove your injury is this serious before the law allows you to sue for pain, suffering and emotional distress.
Protecting your rights and your recovery
New York follows a "pure comparative negligence" standard, meaning partial fault on your part does not bar you from seeking compensation. Any damages awarded are simply adjusted downward to reflect your share of responsibility. So if you bear 25% of the fault, your recovery is reduced by that same percentage.
Adhering to these strict New York filing requirements is essential for the preservation of legal claims after a collision.
]]>On Behalf of Law Offices of Eric H. Green and Associates<![CDATA[Who pays if a cyclist hits a pedestrian in New York’s bike lanes?]]>https://www.erichgreen.com/?p=484502026-03-09T16:44:24Z2026-03-17T16:41:51ZNew York's busy streets often create constant interaction between you and other road users. Pedestrians and cyclists often share tight spaces throughout the city. Hence, when a cyclist hits a pedestrian in a bike lane, determining who pays for damages becomes complicated. Thus, understanding liability rules helps you protect your rights after a collision.
When a pedestrian might be liable
As a pedestrian, you could bear responsibility if you stepped into a clearly marked bike lane without looking. This is because bike lanes typically function like designated traffic zones. When you cross into one without checking for cyclists, you create a hazard. Therefore, your failure to exercise caution may make you liable for resulting injuries or damages.However, fault isn't always straightforward. The cyclist's behavior also plays a critical role in determining liability.
When a cyclist may be at fault
On the other hand, cyclists must also follow the same traffic laws that you normally would as a driver. They need to obey traffic signals and stop signs. Additionally, riding on sidewalks violates city rules in most areas. Cyclists must also yield to pedestrians when you're in marked crosswalks. If a cyclist was speeding, riding recklessly or ignoring traffic laws, they may bear responsibility for a crash.Sometimes, neither you nor the cyclist is the only one responsible. Other parties can also factor into liability.
When a third party may be liable
Meanwhile, the cyclist's employer might be liable if they were working during the accident. This is because delivery workers and couriers often rush to meet deadlines on the road. When their employer pressures them to work unsafely, the company shares responsibility. Thus, you can pursue compensation from the business in these situations.Regardless of who caused the accident, New York law has a unique way of handling shared responsibility.
How New York’s negligence rules work
New York follows pure comparative negligence laws. This means you and the cyclist can both share blame. Your compensation reduces by your percentage of fault. For example, if you're 30% responsible, you receive 70% of total damages. This system ensures fair compensation based on each party's actions.Given these complex rules, protecting yourself after a collision requires careful attention.
Protect your rights on the road
Understanding these liability rules gives you a foundation for protecting yourself after an accident. The specific details of your collision matter significantly when determining fault and compensation. Hence, having someone knowledgeable review the circumstances can make a meaningful difference in ensuring you receive what you deserve.]]>On Behalf of Law Offices of Eric H. Green and Associates<![CDATA[NYC delivery van crashes: How to recover damages from unbranded vans]]>https://www.erichgreen.com/?p=484522026-03-12T10:30:48Z2026-03-12T10:01:02ZThe problem of unbranded vans in New York City
Many people expect a delivery vehicle to show a well-known logo. However, many packages in the five boroughs arrive in plain white vans or rented trucks. This happens because major retailers rely on a network of smaller businesses to complete deliveries.
A driver might wear a branded vest, but the insurance and registration often belong to a separate group. These companies, known as Delivery Service Partners (DSPs), handle the day-to-day operations and hire drivers. This setup can make it hard for an injured person to know which company to name in a legal claim.
Identifying the party responsible for the crash
When a crash occurs, getting a license plate number is only the first step. Because of the unclear ties between drivers and national brands, investigators look for clues indicating the van's true owner.
There are several pieces of information to find at the scene of a commercial van accident:
DOT numbers: Look for the USDOT or NYDOT number, usually printed on the driver's side door.
Insurance records: Note the name of the company listed on the insurance ID card.
Carrier information: Check the side of the cab for text that identifies the specific carrier.
Driver credentials: Record the name of the employer listed on the driver's commercial license.
These details are vital because contractor status is often a legal means of shielding a larger parent company from liability.
Commercial insurance and New York regulations
Insurance for a commercial vehicle differs from a car policy. The weight of these vehicles often leads to more severe injuries. Under New York Insurance law, people who suffer a serious injury may be able to pursue a claim for damages.
If you have been hurt in a crash with a commercial vehicle, it may be beneficial to learn more about your options for recovery. Understanding local laws is a key part of protecting your rights after an accident.]]>