10 Nov Thanksgiving Travel Injuries: Who’s Liable in a Holiday Season Car Accident?
The Thanksgiving holiday is one of the busiest travel periods of the year, and unfortunately, one of the most dangerous. Millions of drivers hit the road to visit family or friends, leading to congested highways, distracted driving, and an increase in serious accidents across New York and the nation. If you or a loved one is injured in a crash during this season, understanding who’s liable can make all the difference in securing the compensation you deserve.
Gruenberg Kelly Della, a leading Long Island personal injury law firm, explains what every driver should know about liability in multi-car pileups, rental car accidents, and collisions involving out-of-state drivers during the Thanksgiving travel rush.
The Risks of Thanksgiving Travel
According to traffic safety data, accident rates spike dramatically between November 22 and 26, as millions of Americans drive long distances on unfamiliar roads. Common factors include:
- Fatigue after long hours of travel
- Distracted driving (especially GPS or mobile phone use)
- Impaired driving after family gatherings
- Poor weather and early sunsets reducing visibility
Even a momentary lapse in attention can trigger a chain reaction crash, leaving multiple vehicles and victims involved.
Multi-Car Pileups: Shared Fault and Complex Liability
In large collisions, especially those on highways like the Long Island Expressway or I-495, determining fault can be complicated. New York follows a comparative negligence system, meaning multiple drivers can share blame for the same accident.
For example:
- The initial driver who lost control may be primarily at fault.
- Following drivers who were tailgating or speeding may share liability.
- Municipalities or construction companies could even be partially responsible if poor road design or maintenance contributed.
Because insurance companies often dispute claims in these cases, it’s critical to have an experienced personal injury attorney who can reconstruct the accident, gather evidence, and identify every liable party.
Rental Car Accidents: Who Pays for Damages?
Rental cars are common during the holidays, especially for travelers flying into New York. But when an accident occurs in a rental, liability depends on the driver’s insurance coverage and rental agreement.
Typically, the rental driver’s personal auto insurance applies first. If that coverage is insufficient, the rental company’s policy or the driver’s credit card benefits may help cover damages. However, rental companies often limit their responsibility under federal law, meaning the injured party must act quickly to pursue claims against the negligent driver or insurer.
Accidents Involving Out-of-State Drivers
Thanksgiving travel often brings out-of-state drivers unfamiliar with local traffic laws or road conditions. When these motorists cause accidents in New York, determining jurisdiction and applicable insurance laws can become complex.
New York’s no-fault insurance system provides initial coverage for medical expenses and lost wages, but if serious injuries occur, you may be entitled to file a lawsuit against the negligent driver, even if they live in another state. An attorney can help navigate these cross-jurisdictional issues and ensure proper claims are filed under New York law.
Act Quickly: The Statute of Limitations Matters
After any holiday-season crash, it’s crucial to act fast. In New York, the statute of limitations for filing a personal injury lawsuit is typically three years from the date of the accident, but evidence such as traffic footage, witness statements, and vehicle data can disappear much sooner.
The sooner you contact an attorney, the better your chances of securing full compensation for medical bills, lost income, and pain and suffering. Gruenberg Kelly Della has extensive experience representing victims of complex, multi-vehicle, and interstate accidents across Long Island and the greater New York area.
Injured During Thanksgiving Travel? Call Gruenberg Kelly Della Today.
If you’ve been injured in a car accident during the Thanksgiving season, whether in a multi-car pileup, a rental car, or involving an out-of-state driver, don’t wait to get help.
The legal team at Gruenberg Kelly Della is ready to investigate your case, establish liability, and fight for the justice and compensation you deserve. Contact our team today for a free consultation before time runs out.