Close Menu
 
Mark David Shirian PC: Queens Car Accident Lawyer
Assertively Fighting for the Rights of Our Clients
New York City Personal Injury Lawyer / Queens Car Accident Lawyer

Queens Car Accident Lawyer

Queens is one of the most densely traveled boroughs in New York City, and that density translates directly into collision rates that rank among the highest in the state. The Grand Central Parkway, the Van Wyck Expressway, Jamaica Avenue, Northern Boulevard, and the stretch of the Long Island Expressway cutting through the borough generate thousands of crashes every year, many of them resulting in serious injuries to drivers, passengers, cyclists, and pedestrians. When those crashes happen because another driver was reckless, a vehicle was defective, or a roadway was poorly maintained, the legal question is not simply who was at fault. The question is how to document that fault, connect it to the full extent of your injuries, and recover every dollar that the law permits. A Queens car accident lawyer at Mark David Shirian P.C. handles exactly that work, from the first demand letter through trial if a fair resolution cannot be reached any other way.

The aftermath of a serious collision can move in several directions at once. Medical treatment is ongoing. An insurance adjuster has already called. Your car may be totaled and you have no transportation. Pain is interfering with your ability to work. In that environment, people often make decisions that hurt their claims without realizing it, including giving recorded statements to adverse insurers, settling before the full scope of their injuries is known, or waiting too long to retain counsel. The attorneys at Mark David Shirian P.C. are straightforward about what these mistakes cost and how to avoid them. Their approach is assertive by design, not because assertiveness is a slogan, but because insurance companies respond differently to clients who are represented by counsel that will go to trial.

New York’s no-fault insurance system adds a layer of complexity that surprises many people after a crash. Most injury victims must first pursue compensation through their own Personal Injury Protection coverage regardless of who caused the accident, but that coverage has strict limits, and stepping outside the no-fault system to sue the at-fault driver requires meeting a threshold of serious injury under the Insurance Law. Understanding how that threshold applies to your specific diagnosis, and building the medical record that supports crossing it, is a significant part of what Queens car accident attorneys do in the early stages of a case.

What Mark David Shirian P.C. Brings to Your Queens Car Accident Case

Mark David Shirian P.C. was founded in 2016 with a single goal: to help people who have been wronged. The firm has recovered millions of dollars on behalf of clients across New York City and New York State. Attorneys Mark D. Shirian and Shawn D. Shirian handle cases personally, which means clients receive direct attention from the attorneys managing their matter, not from rotating paralegals or associates who have never tried a case. Clients have described the firm’s representation as compassionate and hard-working, noting that the attorneys fight hard while keeping clients informed throughout the process. That combination of substantive advocacy and genuine communication reflects how the firm was built and how it continues to operate.

What matters for someone injured in a Queens collision is whether their attorney understands both the procedural mechanics of New York motor vehicle litigation and the insurance dynamics that shape how these cases actually resolve. Mark D. Shirian’s background in litigation, including employment and personal injury disputes, gives him a framework for reading how opposing parties behave under pressure and how to position a case for the strongest possible outcome. Car accident victims in Queens deal with some of the largest commercial insurance carriers in the country, and the firm’s approach accounts for that reality.

Types of Car Accident Claims Handled in Queens

  • Rear-end collisions: Among the most common crashes on Queens expressways and local roads, these collisions frequently cause whiplash, disc herniation, and traumatic brain injury. New York courts apply specific liability presumptions in rear-end cases that can work strongly in a plaintiff’s favor.
  • Intersection accidents: High-traffic intersections throughout Flushing, Jamaica, Astoria, and Long Island City generate a substantial number of T-bone and angle collisions, often involving disputes about traffic signal timing, yielding obligations, and driver visibility.
  • Rideshare and for-hire vehicle crashes: Queens hosts an enormous volume of taxi, Uber, Lyft, and black car traffic connected to JFK Airport and the broader borough. Liability in these crashes requires identifying whether the driver was on an active fare, which determines which insurance policy applies and in what amount.
  • Commercial truck and delivery vehicle accidents: The Queens-Midtown Tunnel, the Brooklyn-Queens Expressway approaches, and the warehouse corridors near the airport see heavy commercial traffic. Trucking cases involve federal safety regulations, separate employer liability, and maintenance records that must be preserved quickly.
  • Drunk and impaired driving collisions: Where a driver’s intoxication caused the crash, New York law may permit pursuit of punitive damages beyond the compensatory award. Evidence from the criminal proceeding, if one occurs, can also support the civil case.
  • Pedestrian and cyclist knockdowns: Queens has active cycling and pedestrian populations, and crashes involving vulnerable road users typically produce catastrophic injuries. These cases often involve crosswalk right-of-way violations, distracted driving, or failure to yield at driveways and parking lot exits.
  • Multi-vehicle pileups: Chain-reaction crashes on the Van Wyck or the LIE can involve three or more drivers and competing insurance carriers. Sorting out each party’s contribution to fault and navigating multiple coverage stacks is precisely the kind of legal complexity that requires sustained attorney involvement.

What to Do After a Car Accident in Queens

The decisions made in the hours and days after a Queens car accident shape the case that follows. At the scene, anyone who is physically able should call 911 and ensure a police report is generated. The NYPD 102nd Precinct covers portions of Richmond Hill and Woodhaven, the 107th covers Fresh Meadows and Jamaica Estates, and the 113th serves Jamaica. Knowing which precinct handled the response matters because the accident report, which contains the officer’s observations, any traffic violations issued, and witness information, is filed with that precinct and must be obtained through the proper channels. Request that report as soon as it becomes available, typically within a few days of the crash.

Medical attention should be sought immediately, even when symptoms seem minor. Many serious spinal injuries and traumatic brain injuries do not produce their full symptom picture until 24 to 72 hours after impact. Visiting a hospital emergency room or urgent care facility and establishing a medical record that documents your condition close in time to the accident is essential. Gaps between the crash and first medical treatment are routinely used by insurance adjusters to argue that injuries were either minor or preexisting. Queens Hospital Center in Jamaica and NewYork-Presbyterian Queens in Flushing are among the facilities serving the borough. Follow-up care with specialists, including neurologists, orthopedic surgeons, and physical therapists, should be documented consistently.

New York’s no-fault law requires that a claim be filed with your own insurer within 30 days of the accident. Missing that deadline can result in loss of PIP benefits that cover medical expenses and lost wages in the early stages of recovery. Separately, the statute of limitations for filing a personal injury lawsuit against an at-fault driver in New York is generally three years from the date of the accident, but that timeline can be shorter if a government entity, a public transit vehicle, or a municipal road defect is involved. Claims against New York City require a Notice of Claim within 90 days of the incident. An attorney who handles Queens car accident cases will identify every applicable deadline from the outset and ensure none of them are missed.

One of the most common mistakes in the period after a crash is communicating directly with the at-fault driver’s insurance company before retaining counsel. Those adjusters are trained to gather information that limits the claim. A recorded statement made before you understand the full scope of your injuries can become a significant obstacle later. Referring any such requests to your attorney is the correct move.

How Damages Are Calculated in Queens Car Accident Cases

New York permits injury victims who meet the serious injury threshold to recover both economic and non-economic damages from the at-fault party. Economic damages include current and future medical expenses, lost wages, and any costs associated with in-home care, rehabilitation, or medical equipment. Non-economic damages cover pain and suffering, loss of enjoyment of life, and emotional distress. In cases where a spouse or family member has been affected by the injured person’s condition, a loss of consortium claim may also be pursued.

Calculating these damages accurately requires more than adding up bills. Future medical costs require expert projections based on the nature of the injury and the expected treatment trajectory. Lost earning capacity, when an injury affects someone’s ability to return to their prior profession or work at all, involves analysis of income history, vocational capacity, and actuarial tables. Insurance companies regularly offer early settlements that do not account for these long-term costs, which is why having a Queens car accident attorney evaluate any offer before it is accepted matters considerably. What appears to be a reasonable number often falls short once future expenses and non-economic harm are properly quantified.

New York follows a pure comparative fault rule, meaning that a plaintiff’s recovery is reduced in proportion to their own percentage of fault, but not eliminated entirely. Even someone found to be 30 percent at fault for a collision may recover 70 percent of their total damages. Defense attorneys and insurance adjusters frequently argue inflated fault percentages as a negotiating tactic. Effective representation means anticipating those arguments, marshaling the evidence that counters them, and presenting a clear account of what actually caused the crash.

Common Questions About Car Accident Claims in Queens

What is New York’s serious injury threshold and does my injury qualify?

New York’s Insurance Law defines serious injury to include a specific list of conditions: significant disfigurement, bone fracture, permanent limitation of a body organ or member, significant limitation of use of a body function or system, and a medically determined injury that prevents the injured person from performing substantially all of their usual daily activities for at least 90 of the first 180 days following the accident. Disc herniations, torn ligaments, and traumatic brain injuries can qualify, but establishing the threshold requires medical documentation that connects the diagnosis to the accident and quantifies the limitation. Whether your injury qualifies is a factual and legal determination that depends heavily on how the medical records are developed and presented.

How does New York’s no-fault system affect my ability to sue the driver who hit me?

New York’s no-fault coverage pays for medical expenses and a portion of lost wages through your own insurer, regardless of fault. To bring a lawsuit against the at-fault driver for pain and suffering damages, you must meet the serious injury threshold. The no-fault system does not prevent you from suing; it determines the path you must follow to do so. Your attorney will help you pursue PIP benefits concurrently while building the record needed to support a third-party claim.

What happens if the driver who hit me was uninsured or fled the scene?

New York requires motor vehicle owners to carry uninsured motorist coverage as part of their auto policy. If the at-fault driver had no insurance or cannot be identified, you may make a claim under your own uninsured motorist coverage. The Motor Vehicle Accident Indemnification Corporation (MVAIC) also provides a mechanism for qualifying victims to seek compensation when no insurance is available. These alternative paths have their own procedural requirements and filing deadlines.

Can I still recover compensation if I was partially at fault for the accident?

Yes. New York’s pure comparative negligence rule permits recovery even when a plaintiff shares responsibility for the collision. Your total award is reduced by your percentage of fault. If you were found 25 percent responsible and your damages total $200,000, you would recover $150,000. The practical implication is that fighting to keep your assessed fault percentage low is often as important as maximizing the gross damages figure.

How long does a Queens car accident lawsuit typically take to resolve?

Cases resolved through negotiation before litigation can conclude in months. Cases that proceed to filing in Queens County Supreme Court, which has jurisdiction over personal injury claims above the thresholds for lower courts, typically take considerably longer because of court calendars, the discovery process, and scheduling of depositions and expert exchanges. Many cases settle during or after discovery but before trial. The timeline depends on the complexity of the injuries, the number of parties involved, and whether liability is genuinely disputed.

What if the accident happened on a road with a known pothole or traffic signal problem?

Road defect cases involve government liability, which introduces different rules. To sue New York City for a dangerous road condition, the city must have had prior written notice of the defect. That means someone must have previously reported it to the relevant agency, or the city must have created the condition itself. These cases also require filing a Notice of Claim within 90 days of the accident. Evidence of prior complaints, 311 records, and prior accident history at that location can support the claim.

Does it matter which insurance company insured the at-fault driver?

Insurance carriers vary significantly in how they handle claims, how quickly they respond, and how aggressively they litigate contested cases. Some of the largest national carriers insure drivers involved in Queens collisions and have experienced claims departments that move strategically. Knowing how a particular carrier tends to handle negotiations versus litigation informs how a claim is positioned from the outset. This is one of the less visible but genuinely important aspects of local litigation experience.

What if my car accident injuries are aggravating a preexisting condition?

New York law permits recovery for the aggravation or exacerbation of a preexisting condition. A driver or their insurer is responsible for the harm they caused, even if the injured person was more vulnerable due to prior injuries or degenerative conditions. The challenge is that defense attorneys routinely argue that all symptoms are attributable to the preexisting condition rather than the crash. Medical experts who can distinguish between baseline and post-accident status, and document the aggravation clearly, are essential in these cases.

Should I accept the first settlement offer from the insurance company?

First settlement offers from adverse insurance carriers are typically lower than what the case is worth, sometimes significantly so. They are often made before the full extent of injuries is known, which means accepting one can foreclose recovery for future medical expenses that have not yet been incurred. Any offer should be evaluated with the benefit of a complete medical picture and an attorney’s assessment of what the case would likely recover through continued negotiation or litigation.

What records should I be preserving after a Queens car accident?

Preserve everything connected to the accident and your recovery: the police report, photographs from the scene, contact information for witnesses, all medical records and bills, correspondence with any insurance company, your vehicle repair estimates or total loss documentation, and any records of missed work or income loss. Keep a personal journal documenting your pain levels, functional limitations, and how your daily life has been affected. These records form the factual foundation of the claim and are significantly harder to reconstruct if not gathered early.

Serving Car Accident Victims Across Queens and Surrounding Communities

Mark David Shirian P.C. represents car accident clients throughout Queens and the broader New York City region. In Queens, the firm handles cases arising from accidents in Flushing, Jamaica, Astoria, Long Island City, Bayside, Forest Hills, Jackson Heights, Woodside, Sunnyside, Elmhurst, Corona, Ridgewood, Maspeth, Middle Village, Rego Park, Kew Gardens, Richmond Hill, South Jamaica, St. Albans, Hollis, Queens Village, Cambria Heights, Laurelton, Rosedale, Springfield Gardens, Howard Beach, Ozone Park, Woodhaven, Rockaway Beach, Belle Harbor, and Far Rockaway. Beyond Queens, the firm serves clients in Brooklyn, the Bronx, Manhattan, and Staten Island, as well as communities across Nassau County, including Garden City, Great Neck, Hempstead, and Valley Stream, and Westchester County communities including Yonkers, Mount Vernon, and New Rochelle. Car accident victims anywhere in New York State who need assertive, hands-on representation are encouraged to reach out.

Talk to a Queens Car Accident Attorney About Your Case

A serious collision in Queens can alter the direction of your life in ways that take months or years to fully understand. The legal process that follows exists specifically to provide a mechanism for accountability and recovery, but that process does not run itself. An experienced Queens car accident attorney at Mark David Shirian P.C. will review the facts of your case, identify every avenue of recovery available under New York law, and represent your interests with the kind of persistence and preparation that produces results. Mark D. Shirian and Shawn D. Shirian handle cases directly and are committed to keeping clients informed from the first conversation through final resolution. Contact Mark David Shirian P.C. today to schedule a confidential case evaluation.

Dedicated To the satisfaction of our clients
He worked very hard to get the outcome that we both were looking for.

“In March of 2017, I had a wrongful job termination that distressed me… Read More

Mark pays close attention to details that are important for your case. I recommend him.

“An amazing attorney goes above and beyond for his clients. Mark pays close… Read More

Very compassionate and hard-working lawyer.

“Very compassionate and hard-working lawyer, fights hard for me and keeps me informed,… Read More

* Required Field

By submitting this form I acknowledge that contacting Mark David Shirian P.C. through this website does not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege. Furthermore, by submitting this form, I agree to be contacted about my request & other information using automated technology. (Message frequency varies. Msg & data rates may apply. Text STOP to cancel.)
Acceptable Use Policy

protected by reCAPTCHA Privacy - Terms