About Ed Lemmo Law – Car Accident Lawyer in NYC

Whether you were injured as a passenger or driver or pedestrian by a car accident in Midtown Manhattan or the Upper West Side or Lower east side or Soho, Ed Lemmo Law is here to meet your immediate needs to help you go over your legal options to allow you to make the best decisions.

Types of Car Accidents:

1. Pedestrian Accidents

A pedestrian lawfully crossing in the crosswalk with the walk light in his favor cannot anticipate the actions of a careless driver that disobeys the rules of the road.

Many car accidents involving pedestrians involve driver error due to:

- talking on a cell phone,

- speeding,

- not paying attention,

- or failing to timely brake or apply their horn.

2. Rear-end collisions

Rear-end collisions occur when a driver of a vehicle is traveling at an excessive speed or fails to leave enough room between the front of their vehicle and the rear of another vehicle. In NYC, despite stop-and-go traffic, a driver will be presumed negligent for striking another vehicle in the rear that is stopped in traffic.

3. Intersection Collisions

Intersection collisions usually occur when a driver is trying to beat a light or go through an intersection and failing to stop when a stop sign governs his vehicle. Normally the eyewitness's or party's testimony and photographs of the damage to each vehicle will establish the points of impact, which will aid in proving the case.

4. No-Fault Benefits 

These are benefits paid by the host driver or car that struck a pedestrian. Under the No-Fault Law in the State of New York, a claimant who files a No-Fault application with the insurance company of the host or offending driver is entitled to receive money to pay for their medical bills and lost wages. This is limited by a No-Fault fee schedule and causal relationships between the injuries sustained and the accident. At some point, the insurance carrier will be entitled to hire doctors to examine the injured party. Based upon a physical examination by the insurance company's doctor, they may deny all or part of those benefits. You should hire a lawyer right away to file your NF-2, also called No-Fault Application for benefits, which must be completed and filed within 30 days of the accident.

5. Serious Injury Threshold

To recover any money from a car accident, it is incumbent that your injuries rise to the level of what is defined as “ serious injury “ under Section 5102(d) of the insurance Law of the State of New York.

“Serious Injury” as defined within Section 5102(d), to have a viable personal injury lawsuit arising from a car accident. Section 5102(d) provides that the following types of injuries qualify as “Serious Injuries”: (i) Death, (ii) dismemberment, (iii) significant disfigurement, (iv) a fracture, (v) loss of a fetus, (vi) the permanent loss of use of a body organ, member, function or system, (vii) a permanent consequential limitation of a body organ or member, (viii) a significant limitation of the use of a body function or system, or (ix) a non-permanent medically-determined injury or impairment that prevents an injured person from performing substantially all of their usual and customary daily activities for not less than 90 of the 180 consecutive days immediately following an accident.

Some of these categories, such as death, a fracture, or loss of a fetus, are very easy to understand. Others, such as dismemberment or significant disfigurement, seem simple to understand but have been complicated by various tests and rules engrafted over the statutory language by New York courts deciding cases involving these types of injuries. For example, with respect to the “significant disfigurement” category, the New York Court of Appeals (the highest court in the State of New York) has ruled that, to qualify as a “significant disfigurement,” an injury must cause a condition visible on the plaintiff's body that reasonable people would believe to be unattractive, objectionable, or which would subject the plaintiff to pity or scorn from the community.


We know how life-changing an auto accident or pedestrian accident may be. Reach out to me, ED LEMMMO LAW, at (646) 522-9082. Let us take the worry and stress from your life so you can concentrate on getting better. We are available 24/7 and will help you go over your legal options so you can decide the best course of action to take.

Have questions? Contact us online or call Ed Lemmo Law at (646) 522-9082. You will be glad you did. 

Helpful Manhattan Resources:

Mount Sinai Hospital – Manhattan

1468 Madison Ave.

New York, NY 10029

(212) 241-6500

New York City Police Dept. – 20th Precinct

120 West 82nd St.

New York, NY 10024

(212) 580-6411

Midtown Community Court

314 West 54st St.

New York, NY 10019

(646) 264-1300

Manhattanville Community Center

530 West 133rd St.

New York, NY 10027

(212) 491-3377

Mount Sinai Addiction Institute

1000 10th Ave.

New York, NY 10019

(212) 523-6491