Short summary: A speeding crash on the Southern State Parkway killed two young adults and left three more people, including the driver, critically injured early Tuesday morning. If you're hurt as a passenger in a crash like this, you generally have a claim that doesn't depend on which driver, if any, gets blamed.
Five people were packed into one car headed west on the Southern State Parkway near Exit 24 around 5:45 a.m. Tuesday.
Police say the car was going more than 100 miles an hour when the driver lost control and slammed into the trees off the shoulder. Two passengers, a 20 year old and a 22 year old, were killed. Three more people, including the driver, were critically hurt. Some were ejected from the wreck.
The 30-year-old driver, from Hempstead, was arraigned and charged with reckless driving. Investigators allege he was impaired at the time.
What This Crash Means If You Were the Passenger
If you were riding in that car and not driving, New York law generally treats you very differently than the driver.
You don't have to prove the other guy caused it. You just have to show someone's negligence, drunk driving, reckless speed, whatever it was, caused your injuries.
That claim can reach:
- The driver's own auto insurance, even if the driver is a friend or family member
- No-fault benefits through your own policy or the car's policy, regardless of fault
- Underinsured motorist coverage if the driver didn't carry enough insurance to cover what happened
Why Speed and Impairment Change the Insurance Math
When a driver is speeding well over 100 miles an hour, or accused of driving impaired, it doesn't just mean criminal charges.
It can also open the door to punitive damages in a civil case, on top of whatever your medical bills and lost income add up to.
What To Do If You Were Hurt as a Passenger
- Get checked out even if you feel okay. Some injuries show up days later.
- Keep every discharge paper, MRI, and physical therapy referral.
- Don't sign anything from an insurance company before you know your medical picture.
Our guide on what to do after a car accident in New York walks through the first steps in more detail, and physical therapy after a serious crash like this is often a big part of recovery.
Questions New Yorkers ask us
Can I sue the driver if he's my friend or family member?
Generally yes. You're not paying out of his pocket directly, you're making a claim against his auto insurance, which is exactly what that coverage is for.
What if the driver didn't have enough insurance to cover my injuries?
That's where underinsured motorist coverage comes in, either through the car involved or a policy in your own household. It's worth checking regardless of who was driving. Our post on what to do with an uninsured driver covers this in more depth.
Does it matter that the driver was allegedly impaired?
It generally strengthens a civil claim, though it varies by situation, which is exactly why it helps to get advice early rather than guess.
Not sure where you stand after a crash? Get your free case review or call (347) 526-1246. A real person answers, 24/7.
Reporting: CBS New York.
