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Automobile Accident

Monday, July 18, 2016

"Pokémon Go" and "Snap Chat" Contibuting to Dangerous Trend of Distracted Driving


Smartphones make it easier than ever for us to stay connected, but that enhanced connectivity can pose serious risks. In fact, cell phones have become one of the most common distractions for drivers. Drivers text messaging on their cell phones are 23 times more likely to be involved in a crash or near crash event compared with non-distracted drivers.  

Teenagers are particularly prone to being distracted by cell phones while driving. In the United States, 35% of teenagers admit to texting while driving and 21% of teen drivers involved in fatal accidents are distracted by their cell phones.


Read more . . .


Wednesday, January 13, 2016

Even the Police Don't Know What "No-Fault" Means in a Car Accident - Do You?


I recently witnessed an automobile accident in the New York City suburb in which I live where no one was hurt, but plenty of damage was done to one of the vehicles involved.  I was stopped at a red light directly behind the car that caused the accident.  Ahead of that car was an SUV that was already backing into a parallel parking space when we both approached the red light and stopped.  When the SUV was halfway into the parking space, the driver ahead of me tried to squeeze her car through the gap between the parking SUV and a truck waiting to turn left at the red light.  I watched in amazement as the corner of the car’s bumper scratched its way up half the length of the parking SUV.
Read more . . .


Tuesday, October 13, 2015

Bicycle Accidents

Each year, thousands of Americans take to the roads on bicycles. This mode of transportation is touted as being more cost-effective and more environmentally friendly than motor vehicles but when it comes to safety, cycling can come with a much greater risk. According to the National Highway Traffic Safety Administration, 39,000 individuals were injured in motor vehicle crashes in 2012. That same year, 724 cyclists lost their lives following accidents on the roads.

In addition to the dangers of moving vehicles, cyclists often suffer injury from being “doored”; this occurs when a driver, or passenger, of a stopped vehicle, suddenly opens the door into a cyclist’s path of travel. Injury can also occur from street defects, such as large pot holes or uneven manhole covers that can cause the cyclist to lose control. If you’ve suffered an injury while riding your bike, it’s important that you consult a personal injury attorney who has experience representing cyclists. Unlike other accidents, cycling accidents have a number of unique considerations; these include:

Insurance Coverage May Be Different for Cycling Accidents
Many attorneys have litigated car accident cases and may assume that the insurance process works the same way for cycling incidents, but this is rarely the case. In fact, many states have unique rules regarding the minimum coverage and payouts when a cyclist collides with a motor vehicle, even when the driver of the vehicle isn’t found to have been negligent.

The Laws of the Road Differ for Cyclists
In determining fault, your attorney must understand the roles and duties of all parties involved. When it comes to cycling accidents, few are intimately familiar with the laws that apply to cyclists but such knowledge is imperative for case success.

The Injuries Are Different
Injuries sustained when riding a bike are vastly different from those sustained when driving, or riding in, a car.An attorney who has represented injured cyclists will likely have a much better idea of how much money will be required for immediate and long-term treatment.

As experienced personal injury attorneys, our firm can help you through the complex litigation process following  a cycling injury and help you receive the compensation you need to recover, and get back on that bike as soon as possible.

 


Tuesday, October 13, 2015

SUM - The most Important Insurance you DO NOT Have

We have a new client who was out for a walk when he was hit by a car, suffering multiple fractures to his legs, wrist and hand. From the address in Brooklyn of the offending driver on the police report, and the fact that he was driving a 14 year old Chevrolet, I had a pretty good hunch that he had a minimal $25,000 insurance policy. I asked my new client if he had a car and he said he did. I asked him about his insurance coverage and he said he had the most wonderful insurance brokers who have been handling his family's business for decades and that I should call them and that they would send over the declarations page. He did know that he had a two million dollar umbrella policy, which I knew could not be issued unless he had several hundred thousand dollars in liability coverage. "Thank goodness" I thought, since this poor man would not be limited to the $25,000 of the offending driver's insurance coverage. Surely his own policy had Supplementary Uninsured/Underinsured Motorist (SUM) coverage matching his own high liability limits, and therefore he could likely collect several hundred thousand dollars as compensation for his terrible injures.

I returned to the office and called his "most wonderful brokers" and they happily took my call and promptly emailed his declarations page to me. I looked at his coverage and I felt like I had been punched in the gut. His "most wonderful brokers" had in fact obtained liability coverage for him of $300,000 with a two million dollar umbrella; ample coverage if he ran someone over and they sued him. They had also gotten him $100,000 extra no-fault coverage to pay his medical bills, and he had full collision and comprehensive. This was not an inexpensive policy written by some no-name insurance company, but rather a fairly expensive policy issued by one of the largest and most well known insurance companies.

What his "most wonderful brokers" did not get for him however was Supplementary Uninsured/Underinsured Motorist (SUM) coverage of more than the minimum $25,000 required by law in New York. As a result, this poor man with two young children who was hit by a 19 year old kid driving a 14 year old car he bought used two weeks earlier for $900, could only collect $25,000 for his injures. I called his brokers and asked them to explain why my client was sold every high premium, high limit coverage available, but was not advised to purchase SUM coverage matching his $300,000 liability limits. I knew why, but I wanted to hear them say it. Instead they said they couldn't speak to me anymore and hung up.

PLEASE DO NOT LET THIS HAPPEN TO YOU or your loved ones. For those of you who don't work with auto insurance everyday, Supplementary uninsured/underinsured (SUM) coverage is a type of insurance coverage on every auto policy in New York which provides you with coverage to collect against on your own policy if you are injured by another vehicle that has lower liability coverage than you have on your vehicle. The amount of coverage available to you is automatically set at the required minimum of $25,000, even if your liability coverage is much higher, but you have the option of purchasing additional coverage up to the limits of your own liability coverage.

In the case of my client, he could have purchased up to $300,000 SUM coverage and collected $25,000 from the policy of the person that hit him and $275,000 more from his own SUM coverage IF he had had it. But he didn't have it and here is why; New York State insurance regulations limit the amount of money an insurance company can charge for SUM coverage. While the premium on $300,000 liability coverage may cost more than a thousand dollars, insurance carriers can only charge about $45 for $300,000 SUM coverage. Because the amount the insurance company can charge is so small, the insurance companies, and their brokers, would actually prefer you not buy the SUM coverage because if you make a claim against it, it throws off the premium collected to claims paid out ratio ("claims loss ratio") used to determine broker bonus compensation and insurance company profits. Making a claim against your own SUM coverage also does not effect your own rates, because there is no finding of fault involved.

New York State Courts have held that a broker is NOT required to advise you to buy extra SUM coverage, and that they have no liability for failing to obtain extra SUM coverage for you unless you specifically request that coverage. The Courts have held that statements such as "give me the best insurance" or "give me full coverage" or "give me high limits" is not a specific request for SUM coverage. You must say "make my SUM coverage limits match my liability coverage limits" or "give me $300,000 (or more if your liability coverage is higher) SUM coverage" for the broker to be required to get it for you.

I want each one of you to take out the declarations page of your car insurance and check to see what your SUM coverage is. If it does not match your liability limits, your broker or insurance company has done you a tremendous disservice. Call them up and ask them why they did not advise you to get SUM coverage matching your liability coverage, and anything they say other than "because I don't make any money from it" is a complete and utter lie. Tell them to they are fired for putting you and your family at risk, and find a new broker or carrier who has your best interests at heart. For those of you who do not know me, I do not sell insurance. I am just the personal injury lawyer who has to break the bad news to you after it's too late to fix it.

Please share this with everyone you know and help them help themselves.



Tuesday, July 7, 2015

The Role of Distracted Driving in Personal Injury Cases

Distracted driving has emerged as a disturbing trend that poses a serious threat not only to preoccupied drivers, but to other motorists on the roadways. Accidents caused by this unsafe practice have seen a major uptick in recent years due to the widespread use of smart phones to text and post to social media platforms, such as Instagram and Twitter, while driving. Although drivers of all ages may be guilty of driving while distracted, studies have found that teenage drivers are especially tempted to use their phone to snap photos or text from the driver's seat.

Personal injury lawsuits on the basis of distracted driving are becoming more prevalent. A wrongful-death suit against taxi-alternative company Uber cites distracted driving as the cause of a collision that killed a 6-year-old girl and injured her mother and brother while they were crossing the street on New Year's Eve in California. Allegedly, the Uber driver was logged into the company's smart phone app, waiting to receive and accept a ride request, when his SUV collided with the girl and her family. Although this case doesn't involve a teenage driver, it demonstrates how (alleged) smart phone use while driving can have horrifying consequences.

More than 3,300 fatalities occur each year as a result of distracted driving, according to the Department of Transportation and Distraction.gov, the official US website dedicated to distracted driving. Drivers are twice as likely to crash if they're texting while driving than if they were paying attention.

Car crashes are the leading cause of death among teenagers, with cell phone use being reported in 18 percent of all distraction-related fatalities in America. These scary statistics have led the National Highway Traffic Safety Administration (NHTSA) to create an campaign against distracted driving aimed at young adults.

If you have teenage children or you just happen to be up on current trends, you'll know that many young people use their cell phones to take "selfies", a nickname for self-portraits. It's come to the attention of law enforcement and safety advocates that teens are taking selfies and posting to social media while behind the wheel, some of them even use the hashtag #Ihopeidontcrash with their photos. Expressing that fear, even though it's disguised with a supposedly amusing hashtag, shows that these young drivers have an inkling as to how dangerous this practice could be.

On average, texting takes your eyes off the road for 4.6 seconds. Distraction.gov says that at 55 mph, 4.6 seconds with your eyes on your cell phone is like driving an entire football field blindfolded.

Distracted driving falls into three main categories:

  • manual: taking your hands off of the wheel
  • visual: taking your eyes on the road
  • or cognitive: not being mentally present while driving.

Distracted driving laws vary by state, but many have a law in place that bans drivers from using handheld phones. In addition, most states ban bus drivers and beginner drivers from all cell phone use (handheld and hands-free), and enforce a ban on texting for all drivers.


Friday, September 12, 2014

Truck Accident Personal Injury Claims: Are They Different From Car Accident Claims?

 

While automobile and truck accidents have many aspects in common with each other, in certain respects, they differ greatly. Due to the specialized knowledge required to successfully resolve these types of matters, it’s important that you hire an attorney who knows the ins and outs of truck accident law if you’ve suffered an injury from an accident involving a truck.


How Do Truck Accident Claims Differ from Car Accident Claims?

Truck accident claims involve many of the same basic questions that car accident claims involve. Who was negligent? How did the accident occur? And what insurance coverages apply to the claim?

Numerous circumstances can occur during truck accidents, though, that are unique to crashes involving commercial vehicles and large vehicles. For example:

 

  • Semi truck drivers are required to stop and rest at legally mandated intervals. Drivers’ logs, driver and expert testimony, witnesses’ testimony and other evidence can be used to prove that a truck driver was fatigued at the time of the accident.
  • Semi trucks must be regularly maintained in order to be operated safely. Maintenance records obtained via the discovery process may prove the truck was unsafe to operate.
  • Semi truck drivers are barred from operating a vehicle under the influence of drugs, alcohol and certain prescription medication. If the driver was under the influence of a substance, or had a history of substance abuse that went unnoticed when he or she was hired, the driver or transportation company can be held liable for damages.
  • Transportation companies are legally required to employ safe and cautious drivers, and to competently screen drivers. If a transport company fails to determine that a new hire has a history of traffic violations, it can be held liable.
  • New trucks are often now equipped with technology similar to jumbo jets’ “black boxes”. If an accident occurs, a truck accident attorney can subpoena possible evidence of negligent driving via the black box.
  • Truck drivers, more so than car drivers in many jurisdictions, are barred from using cell phones while driving. Following a truck accident, a lawyer can subpoena the truck driver’s personal and or company cell phone records to determine whether he or she was using the device at the time of the accident.

Other complex legal issues can arise when a commercial vehicle such as a delivery truck, pickup truck or even company car is involved in a crash. The question of whether the driver was “on the clock” immediately comes into play. If a driver was returning from a sales appointment, leaving work, or running an errand that involved both work and non-work-related stops, complex questions can arise regarding whether company-purchased insurance coverage applies.

Car and truck accident claims begin at the same spot – negligence, fault, cause and coverage – but truck accident claims involve numerous additional federal regulations and state laws. When hiring a personal injury lawyer following a truck accident, make sure he or she has the necessary knowledge to help you obtain the best possible result.


Wednesday, August 27, 2014

Underinsured and At-Fault

Almost all states require some form of auto coverage insurance. This may include Bodily Injury Coverage, Personal Injury Protection, Property Damage Liability, Collision Coverage, and even Uninsured Motor Coverage. Depending on the state, the coverage level will vary greatly. For instance, you may only be required by to carry $25,000 in bodily injury coverage. While a relative residing across the country may be required to carry $50,000 in bodily injury coverage.  And while mandated requirements are often used as guides by drivers when selecting their policies, these coverage levels are not always enough to cover the cost of an accident. So what happens if you are underinsured and at fault in an accident?

The course of action will vary greatly depending on whether you are in a state with no-fault laws or traditional tort insurance laws. In states with no-fault laws, your insurance company will pay your damages while the other party’s insurance company will be responsible for theirs so if you choose to carry low levels of coverage the amount you receive after an accident will be capped by the coverage you selected. In states where traditional tort insurance laws exist, fault is established and the party at fault is responsible for the damages. If the driver at fault is underinsured in a traditional tort state, both parties may be in trouble.

Following the accident, your insurance company will seek to settle all claims as soon as possible. Even if you carry the lowest possible coverage, your insurer is responsible for your legal representation. If the opposing party has injuries exceeding your coverage level, and has Underinsured or Uninsured Motor Coverage, he or she may be able to collect the difference from this policy. However, if they don’t have this extra protection net from their own insurer or the damages exceed the policy limits, the injured party may file a lawsuit against you where your personal assets are at risk. 

In selecting an auto insurance policy, you might consider purchasing coverage above the minimum limits to protect your assets and livelihood. While a limit of $25,000 may seem high, the costs of healthcare continue to soar and just a one week stay at a hospital following an accident can easily exceed that amount.

 


Thursday, March 13, 2014

What Not to Do After a Car Accident

What Not to Do After a Car Accident

There are many potential missteps after you have been involved in an auto accident. In the minutes, hours and days following a car wreck, it can be difficult to think clearly or to take note of important factors involving liability and compensation. Even if your injuries are minor and your vehicle is not damaged, you should follow these guidelines to protect yourself and preserve your right to compensation for your injuries, vehicle damage or lost income. Often times, your damages are more serious than they appear at first glance.

Don’t Apologize
Even if you think you are clearly at fault for the accident, don’t accept blame or apologize to anyone. The police and insurance adjusters will investigate the collision and determine where the fault lies. If it lies with you, you will most certainly be notified. But affirming your guilt before all the facts are discovered can only serve to undermine your personal injury claim or a potential defense if you are on the receiving end of a lawsuit.

Don’t Compare Notes
Avoid rehashing the accident with the other involved parties. You do not want to inadvertently admit fault for the accident, or make other statements that undermine a future legal claim. Additionally, swapping stories can cause confusion in your own mind regarding what happened immediately before and during the collision. Of course, you should give your statement to the police, if applicable. But further communications regarding the accident, your injuries, damage to your vehicle, or associated expenses for medical treatment or car repairs should be limited to your attorney.

Don’t Get into a Dispute with Other Drivers or Passengers
Tempers can sometimes flare. People may be hurt, property may be damaged. Nobody is getting to their destination, and everyone may be concerned regarding various obligations and future travel arrangements. If other parties become upset, agitated or violent, you should simply walk away. By refusing to engage in emotional dialogue – or worse, a physical confrontation – you avoid turning a routine fender bender into a major altercation which can result in its own legal ramifications.

Don’t Call the Insurance Company
If you think there is any reason why the insurance company may dispute your claim, you should speak with an attorney first. The attorney can advise you regarding what to say – and what not to say – to the insurance adjuster, or can communicate with the adjuster on your behalf. Insurance companies train their adjusters to ask specific questions designed to make your case look as weak as possible. Your insurance company should help you when you’ve been involved in an accident – that’s part of what you pay for – but ultimately the bottom line is of primary importance. The insurance business is far more profitable when the insurance companies do not have to pay out claims.
 


Wednesday, February 5, 2014

5 Tire Safety Hazards

5 Tire Safety Hazards

Proper maintenance of your vehicle is an important step toward ensuring your safety on the road. Tire failures at high speeds can result in vehicle rollovers, serious injuries and death. Below are five safety hazards to watch out for; the presence of any of these conditions can indicate that your tires should be repaired or replaced – before it is too late.

Tires Not Inflated to the Proper Air Pressure: Incorrect tire pressure compromises both the comfort and safety of your ride. Improper pressure affects braking, cornering, stability, mileage and tire life. Furthermore, tires that are not inflated to the proper pressure face a higher risk of catastrophic failure resulting in a serious accident. Low tire pressure causes increased friction and can overheat the tire, causing tread separation. The recommended tire pressure is always less than the maximum allowable pressure stated on the tire itself. Your vehicle’s recommended tire pressure can be found in the owner’s manual, or the label on the car’s driver’s side door, glove compartment or gas tank door.

Worn Tread: If the tread on your tires has worn down, you are at an increased risk of a blowout or hydroplaning accident.  Additionally, worn tread may indicate a more serious problem, such as improper balance, suspension or alignment. Finally, tires with worn tread are more likely to be underinflated, affecting steering, braking and mileage, and causing further safety risks due to improper air pressure.

Tire Repeatedly Loses Air Pressure: If you often notice that one of your tires seems low, despite the fact that you have inflated the tires to the proper pressure, this could indicate a leak. There may be a small puncture in the tire’s tread, perhaps caused by driving over a nail, or it may be caused by a poor seal between the tire and rim or a damaged valve. These problems can often be repaired, rather than having to replace the tire. Ignoring the problem can lead to a sudden drop in tire pressure while on the road, which can result in a blowout or loss of control.

Bulge in the Sidewall: Any budge, regardless of size, indicates that the tire’s integrity has been compromised and the tire should be replaced immediately. This could be due to an impact with a curb or pothole. When such a bulge occurs, the steel belts inside the tire have weakened and can no longer ensure safe operation of the vehicle. Care should also be taken to ensure that the impact that caused the tire bulge did not also cause damage to the wheel itself.

Old Tires/Vehicles in Storage: If your tires are old or the vehicle has been immobile for a lengthy period of time, the tires may be affected by a form of “dry rot.” Regardless of how climate-controlled the storage environment is, tires that sit for extended periods will weaken over time until they are unsafe for travel. Similarly, old tires will show signs of degradation. You can identify this problem by examining the tire for small cracks in the tire’s sidewall. If any cracks are present, the tire should be replaced.


Wednesday, January 1, 2014

Injuries in Automobile Accidents

Common Injuries in Automobile Accidents

If you have been involved in an automobile accident, you may be seriously injured and not even realize it. At least, not immediately. Serious injury can occur even in slow or low-impact collisions, and accidents which cause no damage to the vehicle. For example, accident victims can suffer from “whiplash” in collisions involving a sudden change in vehicle speed of just 2.5 miles per hour.    

Motor vehicle collision injuries range from minor cuts and scrapes to catastrophic, life-ending trauma.  Bleeding, broken bones or bruising are obvious indications that a driver or passenger has sustained an injury and needs treatment. However, there are also less-obvious injuries that are much more difficult to diagnose and treat, including myofascial injury (“whiplash”) and mild traumatic brain injury.

“Whiplash” is one of the most common auto accident injuries. The Insurance Institute for Highway Safety recognizes whiplash as “a range of neck injuries related to sudden distortions of the neck that commonly occur in rear-end crashes.” Specifically, this term may refer to a cervical strain, cervical sprain or hyperextension injury. Any sudden impact, even at very low speeds, can cause a whiplash injury to the ligaments, muscles and vertebrae in the neck or back, although the damage may not become apparent for several hours or days. A whiplash injury can be mild, such as a muscle strain, or more severe, including nerve or disc damage, ruptured ligaments or vertebrae fractures.

Treatments for whiplash can include ice, anti-inflammatory medications (such as ibuprofen), physical therapy, chiropractic adjustments, muscle relaxants, massage therapy, or immobilization of the neck or back with a cervical collar or brace. In cases involving severe muscle or ligament damage, cervical traction or surgery may be required. Recovery time for a whiplash injury is typically between a few weeks and three months. Untreated whiplash victims can suffer lasting effects, including chronic pain, an increased susceptibility to future neck or back injuries and posture problems.

Mild traumatic brain injury (MTBI) is a high-level concussion, defined by the Brain Injury Association of America as a “physical injury to the brain that causes a disruption of normal functioning.” MTBI involves a loss of consciousness or loss of memory before or after the accident. There are a wide range of MTBI injuries, from a temporary disruption of normal brain activity to permanent brain changes that affect how a person functions physically, mentally, emotionally and behaviorally. Early MTBI symptoms can include mild symptoms, such as headache, dizziness or confusion. In later stages, MTBI sufferers can face difficulty concentrating, irritability, anxiety, depression, fatigue or a quick temper. These later stage symptoms can be difficult to attribute to the auto accident because they only become apparent long after the injury was sustained.

In the immediate aftermath of an accident, the body’s natural physiological responses often mask the soft-tissue injuries that can occur. But once your body has had a chance to relax, you may experience a number of symptoms related to the accident, including neck and back pain, limited range of motion, muscle spasms, headaches, dizziness, difficulty maintaining balance or equilibrium, shooting pains, muscle soreness, numbness or tingling in the extremities, emotional and behavioral disturbances, or memory and concentration difficulties.


Sunday, December 1, 2013

Importance of Credible Accident Reconstruction Testimony

If you have been injured in an automobile collision, your attorney may require the assistance of an experienced accident expert to help prove who is at fault for the accident. Generally, in order to recover any compensation for your injuries or property damage, you will have to prove that the other party was somehow negligent. Accident reconstruction experts are professionals who have obtained specialized training in order to analyze the physics of the accident scene, determine vehicle speeds and movements, and effectively communicate their findings to the court or insurance company representatives.


Read more . . .


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