Which Types of Accidents Often Result in Death?

Which Types of Accidents Often Result in Death?

New York City Wrongful Death Lawyers Helping Grieving Families

Losing a loved one in a sudden accident is devastating. When that death could have been prevented and was caused by someone else’s carelessness or recklessness, the pain is often joined by anger, confusion, and very real worries about the future.

At Greenstein & Pittari, LLP, our New York City wrongful death lawyers represent families in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Yonkers, and Nassau County in fatal accident and wrongful death cases.

On this page, you will find:

• The types of accidents that most often result in death in New York City
• When a fatal accident qualifies as a wrongful death case under New York law
• What compensation may be available to your family
• How workers’ compensation and third-party claims work together
• What to do next and how our NYC wrongful death attorneys can help

Free, confidential consultation • No fee unless we are successful
Call 1-800-VICTIM2 (1-800-842-8462) or contact us online to speak with an experienced New York City wrongful death attorney today.

Common Types of Accidents That Often Result in Death in NYC

1. Fatal Car Accidents In New York City

Car crashes are among the leading causes of accidental death in New York City. High speeds, gridlock, aggressive drivers, and complex intersections create constant danger.

Deadly NYC car accidents often involve:

• Speeding or aggressive driving on city streets and highways
• Drunk or drug-impaired driving
• Distracted driving, including texting, scrolling, or using apps behind the wheel
• Drowsy or fatigued driving
• Intersection crashes where drivers run red lights or fail to yield
• High-speed rear-end collisions on the FDR Drive, West Side Highway, Belt Parkway, or Cross Bronx Expressway

Impact types with a higher risk of death:

• Head-on collisions
• Side impact or “T-bone” crashes at intersections
• Rollover accidents involving SUVs and vans
• High-speed impacts with stopped or slow-moving vehicles

Liable parties can include:

• The at-fault driver
• The vehicle owner
• An employer, if the driver was on the job
• Bars or restaurants in certain drunk driving cases
• Vehicle and component manufacturers, if a defect played a role
• In limited circumstances, a governmental agency responsible for dangerous road conditions

If your loved one was killed in a New York City car accident, our firm can move quickly to secure police reports, traffic camera footage, black box data, and witness statements.

2. Pedestrian, Bicycle, and E-Bike Fatalities

New York City is filled with pedestrians, bicyclists, and e-bike riders. Unfortunately, these road users lack protective shells, making them especially vulnerable. Even a “low speed” impact can be deadly.

Ordinary NYC pedestrian and cyclist fatal scenarios:

• A driver fails to yield in a crosswalk
• A turning vehicle hits a pedestrian who has the walk signal
• A cyclist is struck while in a bike lane or “doored” by a parked car
• Delivery trucks and buses make wide, dangerous turns in crowded intersections
• Ride share vehicles blocking bike lanes and forcing cyclists into traffic

Responsible parties may include:

• Negligent drivers and commercial vehicle operators
• Employers of delivery and rideshare drivers
• Property owners, in cases involving dangerous driveways or hidden sightlines

Our New York City pedestrian accident lawyers and bicycle wrongful death attorneys are experienced in obtaining traffic camera footage, analyzing right-of-way issues, and working with reconstruction experts.

3. Fatal Truck and Commercial Vehicle Accidents

Crashes involving 18-wheelers, box trucks, garbage trucks, MTA vehicles, and delivery vans are far more likely to result in death because of their size and weight.

Common causes include:

• Driver fatigue and hours of service violations
• Distracted or impaired commercial drivers
• Poor vehicle maintenance, including brake failures and tire blowouts
• Overloaded or improperly secured cargo
• Inadequate training and supervision of drivers

Truck and commercial vehicle wrongful death cases in New York City are complex and may involve:

• The driver
• The trucking or delivery company
• A loading company
• A maintenance contractor
• Vehicle or parts manufacturers

Our NYC truck accident lawyers identify every potential defendant and explore all available commercial insurance coverage.

4. Workplace and Construction Fatalities

New York City construction sites, warehouses, factories, and other industrial locations are among the most dangerous workplaces in the country. When employers or contractors cut corners on safety, the consequences can be fatal.

Common fatal workplace accidents include:

• Falls from scaffolding, ladders, roofs, and elevated platforms
• Trench collapses and excavation incidents
• Workers struck by falling tools, debris, or moving machinery
• Forklift and heavy equipment accidents
• Electrocutions from live wires, overhead power lines, or ungrounded equipment
• Caught in or caught between incidents, including being pinned between vehicles or structures
• Exposure to toxic chemicals, gases, or fumes

OSHA has identified the construction “Fatal Four” causes of most construction deaths:

1. Falls from heights
2. Struck by accidents
3. Caught in or caught between accidents
4. Electrocutions

Workers’ Compensation vs Third-Party Claims In NYC Workplace Deaths

When someone dies on the job in New York, their family may be entitled to workers’ compensation death benefits, such as:

• Funeral and burial expenses
• Weekly payments representing a portion of the worker’s lost wages

However, workers’ compensation does not cover:

• The full value of future lost earnings
• Loss of companionship, care, and guidance
• The worker’s pain and suffering

If a person or company other than the employer contributed to the death, the family may also bring a third-party wrongful death lawsuit against:

• Property owners and general contractors
• Subcontractors on the job site
• Manufacturers of defective equipment or safety gear
• Maintenance and service companies
• Negligent drivers in work zone crashes

Our New York City construction accident lawyers know how to coordinate workers’ comp claims and third-party wrongful death cases to maximize your family’s recovery.

5. Fatal Slip, Trip, and Fall Accidents

Slip and fall accidents may sound minor, but for older adults and medically fragile individuals, a fall can start a chain of events that proves fatal.

Common causes include:

• Wet, greasy, or debris-covered floors in supermarkets, restaurants, and building lobbies
• Broken, uneven, or crumbling steps
• Missing or loose handrails
• Cracked, uneven, or icy sidewalks
• Poor lighting in stairwells and corridors
• Unsafe conditions in nursing homes and assisted living facilities

These accidents can cause:

• Traumatic brain injuries
• Hip fractures that lead to complications, infections, or loss of mobility
• Internal bleeding and organ damage

In many cases, New York City property owners, landlords, management companies, and municipalities can be held liable if they failed to maintain reasonably safe premises or ignored hazardous conditions.

6. Drowning Accidents In and Around New York City

Drowning is a leading cause of accidental death in children and is also a serious risk for teens and adults. Drowning can occur in:

• Private residential pools
• Apartment and condo complex pools
• Hotel and health club pools
• Beaches and open water
• Spas and bathtubs
• Construction sites with unprotected water-filled excavations

Negligence may involve:

• Lack of proper pool fencing, self-closing gates, or alarms
• Inadequate lifeguard staffing or training
• Poor supervision during school, camp, and youth programs
• Failure to warn about rip currents, drop-offs, or hazardous conditions
• Defective or poorly maintained pool equipment

Owners and operators of pools and aquatic facilities in New York City are required to follow strict building and health codes. When they fail to do so, and a preventable drowning occurs, they can be held responsible.

7. Fires, Explosions, and Building Disasters

Residential building fires, industrial explosions, and gas-related incidents frequently cause multiple casualties. Victims may die at the scene or later from burns, smoke inhalation, or collapse injuries.

Common causes in New York City include:

• Faulty electrical wiring and overloaded circuits
• Gas leaks and boiler failures
• Space heaters and unsafe appliances
• Poorly stored flammable chemicals or materials
• Violations of building and fire codes
• Missing or non-functioning smoke detectors, sprinklers, or fire alarms

Potentially responsible parties include:

• Landlords and building owners
• Property management companies
• Maintenance contractors
• Utility providers
• Manufacturers of defective heaters, appliances, or electrical components

Our NYC fire and explosion wrongful death attorneys investigate code violations, prior complaints, inspection reports, and maintenance records to uncover what really happened.

8. Poisoning and Unintentional Overdose Deaths

Poisoning includes fatal exposures to drugs, chemicals, and environmental toxins. Examples include:

• Prescription drug overdoses or dangerous drug combinations
• Medication errors by doctors, nurses, or pharmacies
• Failure to monitor high-risk drug regimens
• Carbon monoxide poisoning in apartments, homes, and workplaces
• Exposure to toxic chemicals, pesticides, or gases in industrial or construction settings
• Defective or mislabeled consumer products

Liable parties may include:

• Doctors and hospitals that prescribe or administer drugs improperly
• Pharmacies that dispense the wrong medication or dose
• Landlords who fail to install or maintain carbon monoxide detectors
• Manufacturers and distributors of defective or mislabeled products
• Employers who disregard OSHA safety standards

These cases often require a detailed review of medical records, toxicology reports, safety data sheets, and regulatory requirements.

9. Medical Malpractice and Hospital Negligence

Medical errors remain a significant cause of preventable death in New York and across the country.

A fatal medical malpractice case can arise from:

• Misdiagnosis or delayed diagnosis of heart attack, stroke, cancer, sepsis, or other severe conditions
• Failure to order appropriate tests or misreading test results
• Surgical errors, such as wrong-site operations or leaving instruments in the body
• Anesthesia mistakes and failure to monitor vital signs
• Medication errors and dangerous drug interactions
• Hospital-acquired infections linked to poor sanitation
• Failure to monitor high-risk patients for deterioration, suicide, or falls
• Birth injuries that result in the death of a mother or newborn

Medical malpractice wrongful death cases in New York have specific rules and often shorter time limits. They also require testimony from qualified medical experts. Our New York City medical malpractice wrongful death lawyers work closely with independent specialists to evaluate and prove these claims.

10. Defective and Dangerous Product Accidents

Product liability wrongful death cases can involve:

• Vehicles with defective brakes, tires, steering, fuel systems, or airbags
• Industrial machinery lacking guards or emergency shut-offs
• Household appliances that overheat or cause electrical fires
• Defective medical devices and dangerous prescription drugs
• Children’s toys and products that pose choking, strangulation, or entrapment risks

Manufacturers, designers, distributors, and retailers can be held liable under New York product liability law if a defective product or inadequate warning leads to a fatal injury.

What Compensation Is Available In A New York Wrongful Death Case?

No amount of money can replace your loved one. However, a wrongful death claim can bring accountability and provide critical financial security for your family.

Depending on the facts, recoverable damages may include:

• Funeral and burial costs
• Medical expenses related to the final injury or illness
• Lost financial support, including past and future earnings and benefits
• Loss of household services, such as childcare, cleaning, and maintenance
• Loss of parental care, guidance, and education for surviving children
• Loss of inheritance that family members likely would have received
• Conscious pain and suffering experienced by the decedent before death, through a related survival action brought by the estate
• Statutory interest on certain damages, calculated from the date of death

New York law primarily focuses on economic and practical losses. The emotional grief of surviving family members is not always directly compensable, although related damages may be recoverable in third-party and associated claims.

Our NYC wrongful death attorneys work with economists, vocational experts, and medical professionals to fully document your family’s losses so that insurance companies and juries understand the real impact of your loved one’s death.

How Long Do You Have to File A Wrongful Death Lawsuit In New York City?

In many cases, the statute of limitations for a New York wrongful death claim is two years from the date of death. However, there are important exceptions, including:

• Government entities such as New York City, the MTA, the NYPD, and public hospitals often require a Notice of Claim within about 90 days, followed by shorter deadlines to file suit
• Certain medical malpractice and hidden cause of death cases may follow different timelines

If you miss the applicable deadline, your claim can be permanently barred, regardless of how strong your case might be. Speaking with a New York City wrongful death lawyer as soon as possible is essential.

What To Do After A Fatal Accident In New York City

So that you know, you do not need to have everything figured out before you call us. However, the following steps can help protect your family’s rights:

1. Take care of immediate needs
   • Address safety, funeral arrangements, and emotional support.
2. Preserve documents and information
   • Death certificate
   • Police, accident, incident, or OSHA reports
   • Medical records and bills
   • Photos or videos of the scene, vehicles, or property conditions
   • Names and contact information for witnesses
   • Letters, emails, or phone records from insurance companies
3. Avoid giving recorded statements or signing releases
   • Insurance adjusters work for the insurance company, not your family.
   • Politely refer them to your attorney.
4. Confirm or appoint a personal representative
   • Determine whether there is a will naming an executor.
   • If not, an administrator may need to be appointed by the Surrogate’s Court.
   • Our firm can walk you through this process.
5. Call Greenstein & Pittari, LLP
   • Early legal involvement allows us to preserve evidence, identify all responsible parties, and protect you from common defense and insurance tactics.

Why Choose Greenstein & Pittari, LLP For A Wrongful Death Case In New York City?

At Greenstein & Pittari, LLP, we focus on New York personal injury and wrongful death law. We understand the streets, job sites, buildings, and courts of New York City, and we know how much your case matters to your family’s future.

Our Firm Advantages

• Local Harlem office for convenience and community trust
• Seven convenient locations throughout New York
  • Harlem
  • Bronx
  • Brooklyn
  • Queens
  • Staten Island
  • Yonkers
  • Nassau County
• Exclusive focus on personal injury and wrongful death cases
• Top-rated, award-winning lawyers, including recognition in Best Lawyers and Super Lawyers
• Bilingual services so you can speak comfortably in English or Spanish
• Hundreds of positive client reviews and testimonials from people we have helped
• We deal with the insurance companies, defense lawyers, and paperwork so you can focus on your family
• Thorough investigations working with trusted accident reconstruction, medical, and economic experts

Our Fee Guarantee: No Fee Unless Successful

We offer an actual contingency fee structure:

• No upfront retainer
• No hourly billing
• You do not pay us unless we are successful through a settlement or verdict

We advance the costs needed to investigate and litigate your case, and those expenses are usually reimbursed from any recovery, as explained in your written retainer agreement.

Frequently Asked Questions About Fatal Accidents And Wrongful Death In New York City

1. What is a “wrongful death” case?

A wrongful death case arises when someone dies because another person, business, or government entity engaged in a wrongful act, neglect, or default. It is the type of situation where the victim could have brought a personal injury lawsuit if they had survived. Examples include fatal car accidents, construction site accidents, fires, medical malpractice, and defective product incidents.

2. Who files a wrongful death lawsuit in New York?

Under New York law, a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate, not directly by individual family members.

• If there is a will, the personal representative is usually the executor named in that will.
• If there is no will, the Surrogate’s Court will appoint an administrator.

That representative represents the surviving family members, known as distributees. If you do not yet have a personal representative in place, we can help you with that process.

3. Which family members can receive compensation?

Compensation in a wrongful death case is usually distributed to:

• The surviving spouse
• The children of the decedent
• The parents, if there is no spouse or children
• In some cases, other dependents or heirs who suffered financial loss

The exact distribution follows New York’s estate laws and depends on family structure and financial dependence. Our attorneys will explain how the rules apply in your specific situation.

4. How long do I have to file a wrongful death claim in New York City?

In many cases, the deadline is two years from the date of death.

However, there are critical exceptions, especially when:

• A city or public agency is involved, such as New York City, the MTA, or a public hospital
• The case involves medical malpractice or a hidden cause of death
• There are minor beneficiaries or other exceptional circumstances

Government-related claims often require a Notice of Claim within about 90 days. Because time limits are technical and strictly enforced, you should speak with a lawyer as soon as you can.

5. Can we have a case if there are no criminal charges?

Yes. A wrongful death case is a civil matter. It is separate from any criminal investigation or prosecution. You may still have a strong wrongful death claim even if:

• No one was arrested
• The District Attorney declined to bring charges
• The defendant was acquitted

Civil cases use a lower burden of proof, more likely than not, rather than beyond a reasonable doubt.

6. What if my loved one was partly at fault?

New York follows comparative negligence. This means your loved one’s partial fault does not automatically bar recovery. However, it can reduce the damages in proportion to their percentage of fault.

For example:

• If total damages are 1,000,000 dollars and the decedent is found 25 percent at fault, the recoverable amount could be reduced to 750,000 dollars.

Insurance companies often try to blame the victim. Our job is to investigate and fight unfair fault assessments thoroughly.

7. What evidence is essential in a wrongful death case?

Substantial evidence can include:

• Police or accident reports
• OSHA and other agency investigation reports for workplace deaths
• Photographs, video, and surveillance footage
• Vehicle black box data and cell phone records
• Medical charts, hospital records, and autopsy reports
• Witness statements
• Building, maintenance, and safety records, including prior violations or complaints

Our firm acts quickly to preserve and obtain these materials before they can be lost or altered.

8. Will my case go to court?

Many wrongful death cases in New York City are resolved through settlements. However, if the defense refuses to offer fair compensation, a trial may be necessary.

Whether you personally testify depends on:

• The issues in dispute, such as liability or damages
• The importance of your testimony in explaining your loved one’s life, contributions, and the impact of the loss

If your case goes to trial, we will prepare you step by step and stand with you from start to finish.

9. How much is my wrongful death case worth?

There is no universal number. The value of a wrongful death case depends on many factors, including:

• The age, health, and life expectancy of your loved one
• Their earnings history and likely future income
• The extent of conscious pain and suffering before death
• The financial and practical support they provided to the family
• The strength of evidence against the defendants
• The number of defendants and the amount of insurance coverage available

During your free consultation, we can review the facts and give you an honest, fact-based assessment, not a guess.

10. How much does it cost to hire Greenstein & Pittari, LLP?

We work on a contingency fee basis. This means:

• No upfront fees
• No hourly billing
• You do not pay any legal fee unless we successfully recover money for you through a settlement or verdict

Your initial consultation with our New York City wrongful death lawyers is free and confidential.

11. What should I bring to my first meeting with a lawyer?

Please feel free to bring whatever you have, even if it is incomplete. Helpful items include:

• Death certificate, if available
• Police, accident, incident, or OSHA reports
• Medical records, discharge summaries, and bills
• Photos or videos related to the accident or location
• Letters or emails from insurance companies or adjusters
• Names and contact information for witnesses

If you do not have these yet, do not worry. We can often obtain them for you.

12. Do I have to come to your office?

Not necessarily. We know travel can be difficult after a loss. We can often begin:

• By phone
• By video conference
• By reviewing documents via email or secure upload
• By arranging a meeting at a location more convenient for you when appropriate

Our goal is to make the process as manageable as possible while fully protecting your legal rights.

Do Not Be A Victim Twice

At Greenstein & Pittari, LLP, our motto is “Don’t Be a Victim Twice.”

You have already suffered an irreplaceable loss. You should not have to suffer again at the hands of insurance companies, big corporations, or government entities that refuse to do the right thing.

If you lost a loved one in a fatal:

• Car, truck, motorcycle, pedestrian, or bicycle accident
• Construction or workplace accident
• Fire, explosion, or building disaster
• Drowning or poisoning incident
• Medical malpractice or defective product incident

Our New York City wrongful death lawyers are ready to help.

Call 1-800-VICTIM2 (1-800-842-8462) today or contact us online to schedule your free, confidential consultation.

The call is free. The consultation is free.
You do not pay us unless we are successful.