Brooklyn Bridge Accidents: Brooklyn Car Accident Lawyer Explains the 90-Day Rule

If you’re injured on the Brooklyn Bridge, the city can sometimes be responsible, and you may be entitled to compensation. If you’re filing an action against the city, the process can be different. That’s because you must first file a Notice of Claim within 90 days of the accident. Missing this deadline can significantly impact your chances of obtaining fair compensation. In this post, Alex Yadgarov & Associates will be your Brooklyn car accident lawyer and explain everything you need to know about filing an action against the city.

Table of Contents

Why Does the 90-Day Rule Apply to Some Brooklyn Bridge Crashes?

The 90-day rule only applies when the person is claiming compensation from the government. In New York, the local government has waived sovereign immunity in certain situations, including accidents resulting from negligence. However, suing the city or government agency must follow strict filing rules and deadlines.

Under NY General Municipal Law Section 50-e, you must file a formal Notice of Claim within 90 days of the accident. You only need to file a formal notice when the action is against the government, not against private individuals or corporations.

The responsibility of maintaining and repairing the Brooklyn Bridge lies with the New York City Department of Transportation (NY DOT). So the Notice of Claim must be addressed to them.

What is a Notice of Claim?

A Notice of Claim is a formal document that informs a government entity about your intention to pursue a claim.

In New York, this notice must be filed with the NY Comptroller’s Office. This can be done online via the NYC Comptroller eClaim system, by registered or certified mail, or by delivering it in person.

The notice typically identifies the claimant and describes the following:

The nature of the claim
When the accident happened
Where the accident occurred
How the accident happened
The injuries or damages suffered

What Happens After Submitting the Notice of Claim?

Once you’ve submitted the Notice of Claim, there is a mandatory 30-day waiting period. During this waiting period, the city will review your claim. As part of the review process, you may be required by law to attend a Section 50-h hearing. It is a pre-lawsuit deposition where the city’s attorneys will question you under oath.

After the hearings have been completed, the city may approve or reject your claim or produce a counteroffer. If the parties do not settle, the claimant can file a lawsuit in court. This lawsuit, under the statute of limitations, must be filed within one year and ninety days from the date of the accident.

What Types of Brooklyn Bridge Accidents Involve the City?

Some of the types of accidents on the Brooklyn Bridge that can involve the city include:

Dangerous or damaged walking surfaces
Defective roadway conditions
Poorly maintained public areas
Construction or maintenance activities
Falling objects or debris
Certain traffic-control conditions

What Happens If You Miss the 90-Day Deadline?

If you miss the 90-day deadline, the court can dismiss your case. As such, you will lose the right to claim compensation from the city.

But under New York law, a late Notice of Claim can be allowed under certain circumstances. The court will consider factors like whether the city had actual knowledge of the essential facts, the reasons for the delay, and whether the delay would substantially prejudice the city’s ability to defend its position.

So whenever possible, make sure to submit the notice of claim before the deadline.

What Should You Do After a Brooklyn Bridge Accident?

If you’re involved in a crash on the Brooklyn Bridge, here’s what you need to do:

Move to a safe location, but do not leave the scene.
Call 911 and report the accident.
Seek immediate medical attention.
Photograph and video the accident scene
Exchange contact and insurance information
Notify the insurance company about the accident.
Speak with an accident lawyer in New York to understand your rights and liabilities

Conclusion

The 90-day rule is an important deadline that cannot be ignored when filing an action against the city. If you’re looking for a Queens car accident lawyer for your case, Alex Yadgarov & Associates are here to help. Contact us and schedule your free consultation today.