Why Personal Injury Claims Surge in Late Fall and Winter — And What New York Victims Need to Know Right Now

Every year, from late October through February, New York City and Long Island see a measurable rise in serious injuries. Some of these are predictable—icy sidewalks, darker commutes, understaffed nursing homes during the holidays. Others are less obvious—surgical errors tied to overburdened hospitals, catastrophic crashes caused by early sunsets, and construction accidents driven by year-end project pressure.

For injury victims, timing matters. The season you’re hurt can affect liability, evidence, timelines, and even the value of your case. And for New Yorkers, the stakes are always higher: dense traffic, aging buildings, crowded hospitals, overworked staff, and municipal systems that often lag behind safety risks.

The Seasonal Spike in NYC & Long Island Injuries: What the Data Shows

The late-fall/winter injury spike is not anecdotal—it’s well documented across emergency rooms, government data, and insurance claim reports. In New York specifically:

Slip-and-fall claims spike 30–50% during winter months.

Car accidents increase significantly when Daylight Saving Time ends due to early darkness.

Nursing home injuries rise during holidays because of chronic understaffing.

Emergency rooms see increased diagnostic and surgical errors when patient volume surges.

Construction accidents rise in Q4 because job sites rush to close out projects.

This isn’t just coincidence. New York’s infrastructure—its roads, hospitals, nursing homes, and buildings—was not built for the pressures of modern population density. During the cold months, those cracks widen.

1. Slip, Trip & Fall Accidents: Weather + Neglect = Major Liability

Slip-and-fall cases are some of the most preventable, yet some of the most aggressively defended. In NYC and on Long Island, winter brings predictable hazards:

• Black ice on sidewalks and commercial property

• Slush in building entrances

• Snow left uncleared beyond legal time limits

• Frozen parking lots

• Leaks and wet floors inside buildings

• Poor lighting combined with early sunsets

• Loose mats or uneven walkway surfaces hidden under snow

Under New York premises liability law, landlords, commercial property owners, and municipalities must maintain reasonably safe conditions. That means clearing snow and ice promptly, posting warnings, fixing unsafe entries, and maintaining proper lighting.

But every year, hundreds of New Yorkers suffer fractures, head injuries, shoulder tears, and long-term complications because property owners ignore these rules.

For NYC, the Window of Liability is strict:

• Most property owners must clear snow within 4 hours after a storm ends (NYC Administrative Code §16-123).

• Failure to salt, sand, or patch ice is a breach of duty.

• When a fall happens at night, inadequate lighting strengthens the case.

On Long Island, towns have their own ordinances, but owners still owe a broad duty of care under state law.

2. Car, Truck & Pedestrian Crashes: Darkness Makes Everything More Dangerous

New York drivers already face tight lanes, crowded roads, aggressive driving, and constant distractions. Add early nightfall and you get:

• More rear-end collisions

• More turning-vehicle pedestrian strikes

• More multi-vehicle crashes on highways

• More e-bike and scooter accidents

• More drunk or impaired driving around holidays

• Reduced visibility near crosswalks

• Increased sideswipe collisions on parkways

The Tri-State Transportation Campaign consistently reports that November to February is the most dangerous period for pedestrians.

Even more troubling:

A study published in the American Journal of Public Health shows a nearly 300% increase in crashes in the week after Daylight Saving Time ends.

Why? Human vision drops significantly during dusk, especially for older drivers. And in NYC—where pedestrians, cyclists, and delivery workers swarm the streets—reduced visibility is a recipe for catastrophic injuries.

On Long Island, where speeds are higher, winter collisions more often involve:

• Traumatic brain injuries

• Spinal injuries

• Multi-trauma from high-speed impacts

• Fatalities requiring wrongful death actions

3. Nursing Home Injuries: Holiday Understaffing Is a Hidden Crisis

The public doesn’t realize how dangerous November–January is for nursing home residents.

Facilities often:

• Run skeleton staffing during holidays

• Substitute inexperienced agency staff

• Fail to monitor high-risk fall patients

• Rush feeding assistance, causing choking or aspiration

• Miss early signs of infection

• Delay turning and repositioning, causing avoidable bedsores

• Provide inadequate supervision for dementia residents

• Miss medication doses

• Botch wound care

And because Medicare reimbursement drops late in the year, many facilities cut corners precisely when they should be increasing care.

As attorneys who handle some of the most complex nursing home cases in New York, we repeatedly see:

• Hip fractures from wandering/unsupervised patients

• Severe bedsores that develop quickly

• Dehydration and malnutrition

• Wrongful death tied to understaffing

• Falls in bathrooms without assistance

• Injuries caused by mechanical lifts

• Undiagnosed infections (UTIs, sepsis, pneumonia)

Under Public Health Law § 2801-d, residents and families have a private right of action for deprivation of rights—and the statute allows for attorney’s fees and punitive damages in certain cases. That makes nursing home cases uniquely powerful under New York law.

4. Medical Malpractice Increases as Hospitals Become Overloaded

Cold weather brings surges in:

• Flu, RSV, and respiratory infections

• Cardiac emergencies

• Seasonal injuries

• Surgery cancellations and rescheduling

• ER overcrowding

When hospitals operate at or beyond capacity, errors follow:

• Misdiagnoses

• Delayed treatment

• Surgical mistakes

• Medication errors

• Radiology misreads

• Inadequate monitoring

• Missed sepsis

Research published in the Journal of Patient Safety estimates over 400,000 preventable medical errors lead to serious harm or death in U.S. hospitals annually. New York consistently ranks among the highest in reported incidents.

Our firm sees winter malpractice cases involving:

• Missed strokes during holiday staffing shortages

• Failure to diagnose heart issues

• Delayed emergency surgeries

• Improper discharge

• Failure to monitor post-op patients

• Bedsores in hospitals, not just nursing homes

• Pediatric respiratory misdiagnosis

5. Construction Accidents Spike as Contractors Rush to Finish Jobs

Q4 is the most dangerous quarter for construction workers in New York. Schedules tighten, deadlines loom, and weather complicates everything.

Accidents include:

• Falls from ladders and scaffolds

• Heavy machinery injuries

• Falling objects

• Trench collapses

• Electrical injuries

• Crane accidents

• Slips on wet or icy surfaces

• OSHA violations tied to rushed work

New York’s Labor Law 240(1) (“Scaffold Law”) provides powerful protections for workers injured in gravity-related accidents.

Labor Law § 241(6) and § 200 impose additional safety duties on owners and contractors.

These cases often result in significant recoveries because the law imposes strict liability on owners/general contractors in many scenarios.

What Victims Should Do Immediately After an Injury in NYC or Long Island

The steps a victim takes in the first 24–72 hours can dramatically change the course of a case. Here’s what matters most:

Document everything

Photos of ice, snow, poor lighting, broken steps, vehicles, unsafe job sites, hospital paperwork, or injuries are extremely valuable.

Get medical attention immediately

Gaps in treatment are the number one defense strategy insurers use to minimize payouts.

Avoid giving statements

Insurance companies will act friendly, but their goal is to lock in statements that hurt your case.

Preserve surveillance footage

Most NYC and Long Island businesses overwrite footage every 7–14 days.

Contact an experienced personal injury firm immediately

Early investigation is often the difference between a dismissed case and a million-dollar result.

Leitner Warywoda is uniquely equipped to handle these cases because we:

• Use investigators to secure evidence fast

• Bring in top medical and safety experts

• Know local ordinances and state laws inside out

• Prepare every case as if it will go to trial

• Handle catastrophic injury cases across NYC and LI

• Have recovered hundreds of millions for clients

• Have earned recognition from top legal organizations nationwide

Common Defenses NY Defendants Use—And How We Overcome Them

Defense firms and insurance carriers repeatedly use the same tactics:

“The weather caused it, not us.”

Wrong—owners still must salt, clear, inspect, and maintain.

“The lighting didn’t matter; the hazard was obvious.”

We counter with expert testimony on visibility and code violations.

“The victim wasn’t paying attention.”

Distracted walking is not a defense to property negligence.

“The injury was pre-existing.”

We use medical experts and imaging comparisons to establish causation.

“The facility was short-staffed, but that’s not negligence.”

Under PHL § 2801-d, understaffing is evidence of rights violations.

“The driver couldn’t see because it was dark.”

Reduced visibility increases—not excuses—driver responsibility.

Because your firm is known for strong litigation, these cases often settle higher when defense counsel knows they’re up against a team that actually takes cases to verdict.

How Leitner Warywoda Builds a Powerful Case

Our approach is precise, aggressive, and evidence-driven. We:

• Conduct immediate site inspections

• Issue preservation letters for video footage

• File FOIL/FOIA requests for municipal records

• Bring in engineers, medical experts, and human factors scientists

• Create demonstrative evidence for settlement and trial

• Litigate relentlessly when defendants refuse to accept responsibility

The result: cases resolve faster, for more money, with less stress for the client.

A Final Thought: Winter Is Coming—And So Are Preventable Injuries

Every winter, thousands of New Yorkers suffer injuries that were entirely preventable. Cut corners, ignored hazards, understaffing, and rushed work make these months uniquely dangerous.

If you or a loved one has been hurt, you’re not just dealing with pain—you’re dealing with lost wages, medical bills, uncertainty, and a system designed to minimize your rights.

The law gives you powerful protections. Our firm makes sure those protections work the way they’re supposed to.

Now is the time to act.

Contact a New York Personal Injury Attorney Today

If you or someone you love was injured in NYC or Long Island, Leitner Warywoda is ready to help. We handle:

• Slip/trip/fall accidents

• Car, truck, and pedestrian crashes

• Nursing home abuse and neglect

• Medical malpractice

• Construction accidents

• Catastrophic injury cases

• Wrongful death actions

Call: 212-671-1110

Text: 212-671-1110

Email: info@nylawinjury.com

Website: nylawinjury.com

We’re here to protect your rights, preserve your case, and fight for the justice you deserve.