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Who’s Liable for Whiplash in Times Square Taxi Incident?

This legal question related to Automobile accident attorneys in New YorkNew York has been answered.


I was in a taxi in Times Square when the driver had to stop suddenly to avoid hitting a pedestrian, and I got whiplash! Who is liable, especially when it seems the pedestrian was in the wrong? This matter is urgent as it involves significant injury to a wealthy individual.

I was traveling as a passenger in a taxi, and we were in the busy Times Square area. Suddenly, a pedestrian stepped out, and to avoid a collision, the driver stopped abruptly, causing me to suffer a whiplash injury. It appears the pedestrian was at fault. I need legal guidance on how to proceed, who is liable, and what kind of lawyer should I consult? I am particularly interested in understanding if I should focus on personal injury lawyers, or do I need to consider lawyers specializing in auto accidents or pedestrian-related laws? How do I compare lawyers in my area, and what is the average cost of hiring a lawyer for such cases?

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7 months ago, Automobile accident attorneys, Atlanta

Legal Solution

The response provided below is specific to Automobile accident attorneys in the jurisdiction of New York. If the response is inadequate, please submit a detailed inquiry.

Detailed Analysis of Liability and Legal Context

When exploring the legal implications of an accident involving a taxi, a pedestrian, and a passenger, it is pivotal to comprehend the regulatory parameters governing such incidents. Liability, insurance policies, and the area's laws should be meticulously examined to deduce who is responsible for the injuries sustained. In this case, you may need to ascertain whether the pedestrian's actions were legally unjustifiable, leading to sudden braking and subsequent injuries. If so, a claim against the pedestrian or even the taxi driver could be pursued, depending on the New York law provisions.

Relevant Laws and Regulations

Suggested Solutions

To find resolution, you might want to find the right lawyer specializing in personal injury or auto accidents, who can guide you through the legalities involved in the accident, especially in cases involving pedestrians. For reference, you can also ask a free legal question.

Average Costs and Legal Fees in Times Square

Service Average Price ($)
Initial Consultation 250
Case Evaluation 350
Representation Fee 1,500

Note: These prices are subjective to variations based on lawyers’ experience and the complexity of the case.

Clarification and Action

Can you provide more specific details about the incident, like the exact location and any witnesses? Act promptly to secure legal representation to navigate the intricate legal landscape efficiently and effectively!

User Relevance Questions

  1. Was there any police report filed at the time of the incident? Providing a police report will help in the accuracy of the event’s documentation and legal processing.

  2. Did the taxi have a functioning camera recording the incident? Video evidence can be crucial in establishing fault and liability in such cases.

  3. Were there any other witnesses who can verify the pedestrian’s fault? Having eyewitness accounts can be instrumental in building a solid case.

Frequently Asked Questions

Q1: Who is usually at fault in a sudden-stop collision?

The driver who stops suddenly is typically considered at fault unless it can be proven that the stop was necessary to avoid an accident or adhere to traffic laws.

Q2: Can a pedestrian be held liable for an accident?

Yes, if it's proven that the pedestrian acted negligently or violated traffic laws, they can be held liable.

Q3: What types of damages can be recovered in such accidents?

Victims may be eligible to recover medical expenses, lost wages, pain and suffering, and other damages.

Q4: How is liability determined in New York?

New York operates under a no-fault insurance system, but determining liability can still be complex, depending on the circumstances of the incident.

Q5: How long do I have to file a claim?

The statute of limitations in New York for personal injury claims is typically three years from the date of the injury.

Auto Insurance Comparison

Insurance Company Pre-accident Premium ($) Post-accident Premium ($) Increase (%) Reason
Geico 1,200 1,512 26% High-risk area
State Farm 1,300 1,625 25% Number of claims
Progressive 1,100 1,375 25% Traffic density
Allstate 1,250 1,563 25% Accident history

The choice of insurance can heavily influence the premium amount after an accident. Geico may have the highest increase due to the high-risk areas, so consider your locale when choosing your provider.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Who’s Liable for Whiplash in Times Square Taxi Incident?" has been changed 9 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of New York & area of law: Automobile accident attorneys.
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Seeking the counsel of a personal injury attorney is paramount after vehicular accidents resulting in substantial injuries or necessitating long-term medical care. Engaging an adept attorney amplifies your likelihood of securing rightful compensation. Retaining a personal injury attorney immediately post-accident ensures you have an expert advocating for you - someone well-versed in the nuanced legal landscape and critical procedural rules that could profoundly influence your claim.

A lawyer's proficiency in this domain can often be gauged by their litigation success rate, meticulous pre-trial preparation, and adept negotiation prowess with opposing parties. While certain car accident scenarios may entail complexities around insurance coverage limits, seasoned attorneys might use the potential of litigation as leverage. Yet, more often than not, a skilled attorney can broker a settlement without resorting to court. Why engage a car accident attorney? Overlooking this crucial step could culminate in significant financial setbacks, particularly if either party involved in the accident lacks adequate insurance coverage, resulting in the insurance company disputing or denying the claim.

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