Labor Day weekend is a chance to relax and enjoy the end of summer, but accidents often disrupt the holiday for many New Yorkers. As the city pauses, traffic incidents rise citywide. Your actions afterward are key to protecting your health and legal rights.
This guide offers a straightforward, step-by-step approach to dealing with a Labor Day accident claim in NYC.
Why Labor Day Weekend Is a High-Risk Time on NYC Roads
As personal injury lawyers in NYC, we unfortunately see a noticeable increase in cases during holiday weekends. The festive atmosphere can tragically lead to a higher rate of serious collisions. This is backed by data — over the 2024 Labor Day weekend alone, six people were killed in collisions on NYC streets.
Several factors contribute to this:
- Increased Vehicle Volume: More people are traveling for getaways or visiting family, leading to congested highways and city streets.
- Impaired Driving: Holiday celebrations can result in a higher likelihood of drunk or drugged driving.
- More Vulnerable Road Users: More pedestrians and cyclists are on the streets enjoying the long weekend, increasing the chances of a serious accident.
Common Types of Labor Day Accidents We Handle In NYC
Here are some common accidents you might encounter during Labor Day weekend:
Multi-Vehicle Accidents
The occurrence of crashes on major arteries such as the BQE, FDR Drive, and other congested highways tends to rise as holiday traffic peaks.
Outdoor and Recreational Injuries
Recreational activities such as a trip to the beach, a picnic in the park, or a backyard barbecue are a major part of Labor Day weekend. While these activities are undeniably fun, they often come with the risk of injuries such as falls, water accidents, or even sports-related mishaps.
Slip and Fall Incidents
At gatherings or in crowded public spaces, slip and fall accidents can happen unexpectedly. Slippery surfaces, uneven flooring, and a lack of proper safety measures can contribute to these injuries, particularly during outdoor events.
Drunk Driving (DWI) Collisions
Celebratory gatherings can lead to a higher incidence of impaired driving, resulting in devastating and often clear-liability accidents.
Workplace Injuries
It might be a holiday, but not everyone gets the day off. For those working through the long weekend, particularly in retail or industrial jobs, the increased workload and rush to meet deadlines can lead to accidents or injuries on the job.
What to Do If You’re Injured Over Labor Day Weekend
Should you get injured during the holiday, here’s what to do to protect your health and potential claim:
Seek Medical Attention
Even if an injury appears minor, seeking immediate medical care is crucial. Conditions such as concussions, fractures, or internal injuries might not present symptoms immediately, making timely treatment essential.
Do Not Admit Fault
Be cooperative with the police, but avoid making speculative statements or saying things like “it was my fault” to anyone at the scene. Let the investigation determine what happened.
Report the Incident
If your injury occurred in a public or a private place, such as a store, a restaurant, or your workplace, be sure to report it. For traffic accidents, always contact the authorities to file a police report. In New York, having a formal report will be important when dealing with insurance claims or pursuing legal action.
Understanding the Process for a Personal Injury Claim After a Car Accident in New York
In cases involving vehicular accidents, note that New York follows a “no-fault” insurance system, meaning your auto insurance policy will cover your initial medical costs and part of your lost wages, no matter who was at fault for the accident.
To pursue a lawsuit against the at-fault driver for damages, such as pain and suffering, you must first meet New York’s “serious injury” criteria. This standard includes specific injuries such as fractures, noticeable disfigurement, or major limitations in the use of a body function or system.
The initial steps of pursuing a claim against the at-fault party involve notifying all relevant insurance companies, preserving every piece of evidence, and meticulously documenting all your expenses and losses.
The Statute of Limitations for Your Claim
Taking swift action after an accident is vital. In New York, the law sets a firm deadline, called the statute of limitations, for starting a lawsuit. In most personal injury cases, this gives you a three-year window from the date of the incident to file your claim.
However, there is a crucial exception. If your claim is against a municipal entity — such as a city bus, a sanitation truck, or another government vehicle — you must file a formal Notice of Claim in as little as 90 days from the date of the incident. Missing this early deadline can permanently bar you from recovering any compensation.
Why You Should Consult an Injury Lawyer
When dealing with insurance companies and complex legal claims, a personal injury lawyer can be invaluable — rest assured we’ll guide you through the claims process, so you don’t get taken advantage of. As experienced injury attorneys, we understand the intricacies of insurance negotiations and can help gather the necessary evidence to support your case. If the insurance company undervalues your claim, an attorney can help you pursue a lawsuit.Call the law offices or Keith D. Silverstein & Associates, or leave us a message.
