The Brooklyn-Queens Expressway or BQE is a nearly twelve-mile stretch of road connects the Brooklyn-Battery tunnel to the Grand Central Parkway in Queens. The Brooklyn-Queens Expressway was the first road in New York City that was designed from its inception to accommodate both commercial and non-commercial traffic.
While this road is pivotal to residents, it is also often a center for accidents and injuries. In early August of 2016, a tractor trailer that was carrying beer overturned closing traffic for hours as crews tried to clean the road. While accidents like these are somewhat comical, residents who had to wait in hours of traffic would not agree. However, other accidents on the Brooklyn-Queens Expressway are not as comical and injuries are unfortunately common. In late August a tractor-trailer that was carrying sheet-rock overturned near Atlantic Avenue and injured one person.
Why Accidents Happen on the Brooklyn Queens Expressway
Unfavorable road conditions lead to many accidents on the Brooklyn-Queens Expressway. After decades of being subjected to the often cruel New York winters and the serving over 100,000 cars, vans, SUV’s, and trucks daily the Brooklyn-Queens Expressway has fallen into a state of disrepair. While there have been talks of repairs to the tune of nearly 500 million, poor road conditions can lead to a tractor losing control over their vehicle and drifting into accompanying lanes.
Road Rage is another major cause of accidents on the Brooklyn-Queens Expressway. Tractor trailer and truck drivers are human and are therefore prone to road rage from time to time. Conversely, other motorists can engage in road rage like behavior and lead to accidents. According to AAA, aggressive driving is the leading factor in more than half of the country’s fatal crashes and has led to more than two hundred murders in a span of seven years.
Time Limits for Injury Lawsuits in New York
Each state has a certain time limit in which a person is allowed to bring a claim against another person. This time-limit is known as a statute of limitations, and if not followed to the day a case can be dismissed because it is beyond the statute of limitations. The New York statute of limitations on personal injury cases can be found at N.Y. Civ. Prac. R. section 214. The New York Code provides that all personal injury cases must be filed against the alleged responsible party within three years from the date of the injury.
How much money can I recover for an accident on the Brooklyn-Queens Expressway?
If you have been in an accident on the Brooklyn-Queens Expressway you are probably concerned with the bills stemming from your accident and want to know if you can recover any money and if so what? If you have been injured in New York, you can generally recover two types of damages: compensatory and punitive damages.
Compensatory damages are the type of damages that are designed to pay you for your past and future economic losses that are connected with the accident. Compensatory damages can include any of the following:
• Medical expenses – If you are injured in an accident as a result of another’s negligence, then you can seek payments for your medical expenses. This can include not only emergency medical care, but also doctors’ appointments, consultations, tests, prescriptions, and even surgeries. In addition, if your injury is the type that requires you to undergo continuing care then you may be able to receive compensation for these as well.
• Pain and suffering – While it may be easy to calculate how much your past medical expenses are, pain and suffering damages are a type of compensation that is awarded based on the type of injury that a person suffered. These payments are generally granted to those who have sustained an injury that will affect their future either physically, emotionally, or psychologically.
• Lost wages – If you have to take time off from work to recover from your injuries then you may be entitled to receive compensation. Similarly, if will be required to miss work in the future then you will be able to recover money compensation. In addition, if you are no longer able to work or are not able to perform the job that you were in before your accident then you may be entitled to financial compensation.
• Permanent disability – If you are permanently disabled as a result of your accident then you may be entitled to compensation. These injuries are proved by medical testimony from experts.
Depending on the events that led up to your accident you may be entitled to other damages known as punitive damages. Punitive damages are the type that are meant to punish a person for their reckless behavior. Punitive damages are different from compensatory damages in that they do not help a person pay for their medical bills but essentially compensate them for another’s’ wrongful actions.
Injured in an Accident on the Brooklyn Queens Expressway?
To schedule a private, no-cost evaluation, call the law offices of Reiff Law Firm’s The Truck Accident Team at (215) 709-6940 or contact us online. If the statute of limitations expires, your window of legal opportunity will close and you won’t be able to pursue a claim.