The post Liability and Responsibility: Employers, Contractors, and Third Parties appeared first on Greenspan & Greenspan, P.C..
]]>It seems like a simple question, but determining the responsible party for an injury can often be incredibly complicated. It may be the case that the employee was negligent in some way or that a contractor or third party was negligent. Sometimes, there can be more than one negligent party.
Vicarious liability is a concept used in New York law that means that one person can be held responsible for the acts of another. It’s most often used in accidents where someone was injured by someone else who was acting as the employee of an employer at the time of the accident. The victim would usually pursue a claim for damages from both the employer and the employee. It also applies when pursuing a claim against the owner of the vehicle responsible for the crash as well as the driver.
It can sometimes be difficult to identify who the employer of a person involved in a crash is and that is one reason an injured person needs to hire an experienced personal injury attorney as soon as possible following a crash.
What happens when contractors or third parties are involved?
Contractors are not employees. The company will claim that it is not responsible for the acts of its contractors as their business relationship doesn’t provide the employer as much control over them as they have with employees. Often, the victim would have to sue the contractor for damages rather than the company that hired the contractor, especially if the company did not own or register the at fault vehicle.
There are some exceptions to that, though. One such exception involves what is known as negligent entrustment. If it can be proven that the company was negligent in hiring the contractor (for example, hiring a driver with a history of traffic violations that could be dangerous, such as speeding or distracted driving) and the contractor is found to have behaved negligently, then the company may be liable.
Keep in mind that the rules are different when a person is injured on a construction site. New York law protects injured workers who are hurt as a result of lack of safety devices or the failure of a safety device on a construction site. A claim will be made against the owner of the property as well as contractors (other than the injured worker’s employer) involved with the construction.
Third parties are often pursued as the negligent parties in injuries caused on the job. Often, workplace injuries can lead to workers’ compensation claims with the employer. However, if a third party causes the injury, the victim may need to seek damages from them rather than workers’ compensation. Third parties could include manufacturers, retailers, or other suppliers of various types of equipment, accidents caused by someone driving dangerously, poor road design or maintenance, which is handled by governmental or private organizations, or unsafe conditions created by building owners, vendors, or contractors.
There are three types of comparative negligence used in different states across the U.S.
New York is a pure comparative negligence state. That could be seen as good news for the victim, but it’s also why the insurance company for the employers, contractors, and third parties will work hard to push as much blame for the injury onto the victim as possible. That’s why working with an experienced personal injury attorney is vital.
There are four aspects to proving a claim of negligence, all of which must be proven to succeed in court.
Personal injury law can be complicated, but sorting out the responsibility of different entities or individuals involved in a worksite accident or car wreck is particularly complex because of the potential for multiple liable parties who likely will point fingers at each other. The first thing the victim should do is seek medical care immediately following the accident. Get checked out by a medical professional as soon as possible, even if the person at first feels fine. There are many injuries that don’t show symptoms right away. Left untreated, they can worsen and become dangerous.
Then call Greenspan & Greenspan Injury Lawyers at 914-946-2500 for a free initial consultation with one of our White Plains, NY, personal injury attorneys. We can walk through the specifics of your case to see where the liability is most likely to be and devise a strategy to hold the negligent parties accountable.
What should an injured person not do?
Do not speak with any insurance adjusters, representatives, attorneys, or management representing the employers, contractors, or third parties!
Their goal is to get the victim to admit to being at fault for the injury so as to avoid having to pay money damages. Insurance adjusters and representatives are very good at trying to convince the victim to accept a much lower settlement amount than the victim might be eligible for. Knowledge is power. Injured workers or motorists need to be fully informed of their rights and the consequences of their injuries before considering a settlement offer. Don’t respond to any communication from an insurance company until you have spoken with your attorney.
We are here to help. Put our experience to work for you!
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]]>The post The Long-Term Implications of a Brain Injury on a Victim’s Quality of Life appeared first on Greenspan & Greenspan, P.C..
]]>Traumatic brain injury (TBI) is a catch-all category that includes concussions. Sometimes, people think concussions are different than TBIs when, in fact, they’re one type of TBI. Some TBIs are mild and have few, if any, long-term effects. Unfortunately, many others have long-term, even lifelong implications that can change a person’s day-to-day life.
What type of TBI and how severe it is depends on where in the brain the injury happened and how severe the injury was. The injury can cause long-term physical, emotional, cognitive, and behavioral changes.
Among the many potential long-term effects of a TBI are:
The Centers for Disease Control (CDC) reports other significant outcomes for victims of severe TBI. People with TBIs are much more likely to die from seizures (50 times more likely) than people who never had a TBI. They’re also more likely to die from infections (9 times) or pneumonia (6 times).
In even more disheartening statistics, the CDC reports that people who had a moderate to severe brain injury but were still alive 5 years later reported the following outcomes.
A moderate to severe TBI can have an enormous detrimental effect on someone’s life, whether in the long term or permanently. If someone or something else was responsible for the accident that caused the injury, the injured person (the plaintiff) has options to seek money damages. Here are two factors that affect that process and why working with an experienced brain injury attorney is vital to pursue those remedies.
Brain injuries can occur from even relatively minor collisions. If you have suffered a brain injury, it is important that you consult with a doctor who treats such injuries. If not, do so immediately. Ask your doctor to explain the long-term implications for your specific injury, as TBIs vary from person to person in terms of outcomes.
Then call Greenspan & Greenspan Injury Lawyers at 914-946-2500 for a free initial consultation with one of our White Plains, NY, personal injury attorneys. Every brain injury case is unique. Our team of knowledgeable, experienced personal injury attorneys can walk through your specifics and provide advice for the best approach to getting positive outcomes.
It is very important that you do not speak with the insurance company representatives or lawyers for the person responsible for the crash. Their goal is to get you to admit as much fault as possible for the crash so they won’t have to pay damages. Another tactic is proposing a settlement that sounds good at first but is much lower than what you might be eligible for. Refer any communications to your attorney.
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]]>The post In Cases of Brain Injuries from Accidents in New York, What Legal Recourse is Available for Victims? appeared first on Greenspan & Greenspan, P.C..
]]>A person can sustain injuries all over their body as a result from being in an accident, but among the more serious are brain injuries (you can learn more about the different types of brain injuries here). Brain injuries can have long-term or even permanent effects, which can be detrimental to the victim’s day-to-day life.
There are legal remedies the victim (known as the plaintiff) may take, depending on the circumstances of the accident. Every case is unique, and brain injury cases can be complex and involve more than one responsible party (known as the defendant). For a case to be successful and the plaintiff to receive damages to compensate for their injury, there are several conditions that must be proven.
A statute of limitations is the amount of time the plaintiff has to file a case. For personal injury cases, including brain injuries, that limit is three years from the date the injury occurred assuming that the responsible party was not a governmental entity (the rules for suing a municipality or other governmental entity are complex and impose a much shorter time period). If the lawsuit isn’t filed within that time, the case will be dismissed once it is filed absent extraordinary circumstances.
However, if the brain injury caused the victim’s death, the victim’s family has two years from the date of death to file a wrongful death suit.
For a case to be successful in New York, there are four conditions that must be proven in court.
Across the U.S., there are multiple ways states view negligence and how it affects personal injury cases.
New York is a pure comparative negligence state. It is important that the plaintiff work with an experienced attorney to make sure that the defendant is held accountable for the pain and suffering that their negligence has inflicted upon the injured person. The defendant’s insurance representative or lawyer is going to work hard to persuade a jury to push as much fault for the accident onto the plaintiff as possible in order to reduce their payout.
It’s not only possible but likely. The vast majority of personal injury cases are settled prior to the start of trial. Some cases can even be settled without commencing a lawsuit, which can benefit both the plaintiff and the defendant. Lawsuits can take a long time to resolve depending upon the particular county.
Attempting to negotiate the settlement of a personal injury claim without having a lawyer on your side is very risky. Insurance representatives are trained in negotiating. Many of them have worked in the industry for years and know how to pressure an unrepresented person into resolving their claim for less than it is actually worth. It is very important to the success of your injury claim that you work with an experienced personal injury attorney. These negotiations can be complex. The defendant’s insurance representative or lawyer is not going to be on your side. They work on behalf of the defendant–not the plaintiff.
If you suspect you or a loved one one has suffered a brain injury, the first thing you should do is see a doctor immediately. Do not just assume that everything will be fine if you just rest. Even if you don’t feel all that bad, brain injuries are serious. Left untreated, they can worsen and become dangerous, even life-threatening.
Then call Greenspan & Greenspan Injury Lawyers at 914-946-2500 for a free initial consultation with one of our White Plains, NY, personal injury attorneys. Our experienced, knowledgeable attorneys can walk through the specifics of your case with you and determine what might be the best approach to claiming damages or filing a lawsuit.
It is also essential that you do not have any conversations with any investigator or insurance representative of the driver or owner of the vehicle responsible for the collision until you have received legal advice. You may be contacted by an insurance representative or investigator who claims that they want to obtain your side of the story. Some insurance representatives try to contact you in an attempt to persuade you to accept fault for the accident or sign a document where you agree to accept a much lower settlement agreement than you might otherwise receive. Don’t let this happen to you! Refer all communications to your attorney.
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]]>The post Managing Medical Expenses After a Speeding or Reckless Driving Injury in New York appeared first on Greenspan & Greenspan, P.C..
]]>New York is one of only 12 U.S. states requiring insurers to provide no-fault insurance. That means vehicle owners must carry personal injury protection coverage as part of their auto insurance.
When there is an accident that causes injury, regardless of who is at fault for the accident, the injured person will turn to their insurance first to recover medical damages.
In New York, the minimum requirements for auto insurance are:
Some injuries are covered under the minimum PIP coverage. However, with more significant injuries, medical costs alone could exceed that coverage, not to mention related items such as transportation to medical appointments and lost wages due to time away from work. Vehicle owners can and should register for higher levels of coverage (at a higher premium cost).
Suppose someone is severely injured in a car accident, which was the other driver’s fault. In that case, the injured party can pursue a civil lawsuit to recover the damages not covered by their insurance. In many cases, just having an experienced personal injury attorney on your side reaching out to the liable party and their insurance can lead to negotiations that could result in a settlement without having to go to court. That would be a simpler, less costly outcome. However, life teaches us that things seldom go easily or smoothly.
If the case goes to court, it is important to understand that New York law applies what is known as pure comparative negligence. That means if the injured person is determined to be even partly at fault for the accident, their damages will be reduced by the percentage of fault determined to have been theirs. For example, if someone was driving drunk and hit another driver who ran a red light and injured them, the injured party may be found 30% at fault for the accident because they ran the red light even though the drunk driver broke the law and was found to be 70% at fault. If the jury awards $200,000, they will receive $140,000 instead–the full award minus 30%.
The good news is that in New York, the injured person can be 99% at fault and still receive 1% of the damages, unlike in some states where they might not receive anything at that point. However, that also means that the other party involved in the accident will want to shift as much blame as possible onto the injured person to avoid paying out much, if any, financial damages.
Whether this type of case goes through settlement negotiations or must be placed into suit in the New York State Court system, it is vital to have an experienced personal injury attorney working on your case. They understand the nuances of the law and what tactics the other side may engage in to try and reduce their portion of liability. Remember, even in what would look to be a straight forward case, the insurance company for the wrongdoer will work hard against you to pay as little as the company can get away with. That is why you need a personal injury lawyer on your side.
A statute of limitations is the amount of time fixed by law to pursue legal action to remedy a wrong. It is a deadline that cannot be missed without giving up your rights to pursue a claim. As a general rule, once that deadline has expired, you will no longer be able to pursue a claim no matter how strong the merits, no matter how terrible the damages were incurred. So, for example, a person claiming to have been injured due to the actions of a doctor or hospital staff in New York has two years and six months from the date of the malpractice to start a medical malpractice lawsuit.
In New York State, the statute of limitations for filing a car accident lawsuit is three years from the accident date. However, that deadline is strictly for an accident involving individuals who were injured. There are two significant exceptions to the three-year rule.
If you are able, check on the health of everyone involved, even the other driver and passengers. Take out your cell phone and call 911 immediately. If your condition permits, take photos and video of the scene and each car involved before they are moved. If possible, obtain the names and contact info of others involved in the accident and any eyewitnesses to the crash. Also see if there are any businesses or homes with cameras facing the road where the crash occurred. Security cameras may have recorded the crash and can provide crucial evidence to prove who was at fault.
The police will come to the scene. Show the police officer any video that you recorded from the crash from a dashcam or other device which captured the moments before and during the crash.
Then, seek a doctor immediately, even if you don’t think you’re seriously injured. Consider going to an urgent care instead of an emergency room if you are not sure of the extent of any injury that you sustained. Some injuries don’t show symptoms or only minor ones at first. If they’re not treated, they can worsen to the point of being dangerous.
Then call Greenspan & Greenspan Injury Lawyers at 914-946-2500 for a free initial consultation with one of our White Plains, NY, car accident attorneys. Our team of experienced, knowledgeable car accident lawyers can help walk through your case and determine the best approach going forward to achieve the best possible outcomes.
Along with what you should do, there’s something to avoid doing: Communicating with the other party’s investigator, claims adjuster or insurance representative. Do not speak with the other driver’s insurance company or investigator until you have consulted with one of our lawyers. The insurance company will not be on your side and will try to take advantage of the stress, pain and fear that you are experiencing as a result of the crash. Another tactic that insurance companies try is to get you to sign a settlement agreement to resolve your claim, but for an amount of money much lower than you could potentially receive. Don’t respond to any communications from the other vehicle’s insurance company until you have obtained legal advice from an experienced personal injury lawyer.
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]]>The post Do Insurance Rates Go Up After No-Fault Accidents in New York? appeared first on Greenspan & Greenspan, P.C..
]]>Having no-fault insurance (also known as personal injury protection, or PIP) means that when someone is in a car accident, they file claims with their own insurer regardless of who caused the accident. That includes claims for physical harm, such as injuries and their related expenses, including medical bills, physical or psychological therapy, medications, rehab services, and transportation costs to go to medical appointments, among many others.
No fault insurance will also cover wages lost as a result of injuries sustained in a collision. However, it’s vital to understand that no-fault insurance doesn’t cover property damage to your vehicle or the other person’s vehicle, or to a fence or any other property. When someone is injured in a car accident that causes property damage, they may have to make separate claims to another person if that person was responsible for the accident that damaged the property (car, fence, etc.).
Vehicle owners in New York are required to have the following minimum insurance for their vehicles:
Note that these are the minimum requirements only. Owners can pay extra to have additional coverage.
The $50,000 in coverage for basic no fault can be increased to $175,000 with the payment of an additional premium for that extra coverage known as APIP – (Additional Personal Injury Protection)
Given that medical costs can quickly go into the tens and hundreds of thousands of dollars in the case of a severe injury, obtaining APIP is worth considering if it’s manageable.
$50,000 in no fault benefits can be exhausted quickly when someone is severely injured. The injured person’s private health insurance can be used in this situation to pay for the continuing medical bills. In some cases, though, you may be responsible for paying the private health insurer back for the medical bills that it pays on your behalf.
New York is what’s known as a pure comparative negligence state. That means when assessing who’s at fault for a car accident, it may be that both drivers (or more, if more were involved) share some of the fault. If that’s the case, the injured person’s claims could be reduced by the percentage of fault assigned to them–which is why the other driver’s insurer or attorney could work to get as much fault assigned to the injured person as possible.
Greenspan & Greenspan, P.C. Injury lawyers will fight hard to have the full spectrum of your damages paid for by the at fault vehicle’s insurer.
There are a few exclusions.
First, make sure that everyone involved is okay. This includes the driver and passengers of the other vehicle. Call 911 if anyone complains of pain or an injury.
Get the names and contact information of anyone else involved in the accident, as well as any eyewitnesses. Call the police to file a police report, which can be helpful if you need to file claims or lawsuits later. See a doctor as soon as possible, even if you feel fine. There are injuries, including serious ones, that don’t present symptoms right away. Left untreated, they can worsen and even become dangerous. Consider going to an Urgent Care Center instead of an emergency room depending upon the severity of the injury.
Then call Greenspan & Greenspan Injury Lawyers at 914-946-2500 for a free initial consultation with one of our White Plains, NY, car accident attorneys. Understanding how insurance works in these situations and the process for going after additional claims can be complicated and frustrating. Our experienced, knowledgeable team of personal injury attorneys can help you navigate the process.
Do not enter into any conversation or written exchange with the other driver’s insurance representative or attorney until you have consulted with a lawyer. Speaking with the other driver’s insurer could potentially harm your case. Don’t let the insurer try to talk you into accepting a settlement that is lower than you might be eligible for. Refer any communications to your lawyer.
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]]>The post What Are the Most Common Types of Car Accident Injuries? appeared first on Greenspan & Greenspan, P.C..
]]>Even low-speed automobile accidents can cause serious injuries. If you are injured by a negligent driver in a car accident in or near Rockland County or Westchester County, schedule a consultation immediately to discuss your right to compensation with a White Plains car accident lawyer.
What injuries are you most likely to sustain if you are involved in an automobile accident? What are your legal rights if the other driver was at fault? Will you have the right to recover compensation for your medical bills, lost earnings, and other damages?
Across the United States, the most common injuries sustained in automobile accidents are bruises, cuts and abrasions, broken bones, disfigurement, whiplash, spinal cord injuries, traumatic brain injuries (TBIs), and partial or complete paralysis.
Whiplash, for example, is common in rear-end collisions. Most whiplash victims improve after a few weeks by adhering to a treatment plan that includes exercise and medication. Some whiplash victims, however, will continue to suffer chronic neck pain and other long-lasting complications.
Even in low-speed accidents, someone’s head may be violently tossed back and forth, literally causing the brain to crash into the skull. If this occurs, a traumatic brain injury can be the result. TBI symptoms may include disorientation, blackouts, seizures, and the loss of memory.
Most TBI victims also struggle with concentration and cognitive skills. TBI victims and their families sometimes spend millions of dollars on surgeries, rehabilitation, and therapy.
A severe traumatic brain injury also increases the victim’s risk for epilepsy, Alzheimer’s, and Parkinson’s disease, but it’s virtually impossible to predict the long-term effects of a traumatic brain injury on any individual victim.
Spinal cord injuries may incapacitate victims for weeks, months, or sometimes permanently. When a TBI or an injury to the spinal cord is not detected or identified immediately, and the symptoms only emerge days or weeks later, a person’s condition by that time may be critical.
Traffic accidents are the number one cause of spinal cord injuries in the United States. The victims of spinal cord injuries and traumatic brain injuries may require care for life – care that may cost several million dollars over a lifetime.
After any automobile collision, seek medical attention first and immediately for yourself and anyone else who has been injured. Summon the police too. Their written accident report may become important evidence if you take legal action and bring a personal injury claim.
Exchange personal contact and auto insurance information with the other driver or drivers, and take photos of the accident site, the damage to the vehicles, and your own visible injuries. If there are eyewitnesses at the scene, ask for their names and their personal contact details.
Witness statements and photographs can be persuasive evidence in support of your injury claim. After you’ve been seen and treated by a medical professional, make the call to a Westchester County car accident attorney, and schedule a free case evaluation.
Untreated and undetected injuries can rapidly – or slowly – become serious medical conditions, so anyone who is involved in a car accident must be examined, and treated if necessary, as quickly as possible.
Even if you feel perfectly healthy, obtaining an immediate medical exam not only protects your health, but if you’ve been injured, it also puts you in the best legal position to recover compensation for your lost wages, medical bills, and related damages.
If you are not taken to the hospital or examined at the scene of the accident, obtain a medical examination – within twenty-four hours if that’s possible. If you are in fact injured, that examination will provide important evidence in support of your personal injury claim.
Under New York’s no-fault auto insurance laws, lawsuits arising from car accidents may be pursued only for economic losses that exceed no-fault limits, and for non-economic damages (pain and suffering, for example) only when a “serious injury” has been sustained.
If you qualify to bring a lawsuit, and if you and your White Plains car accident lawyer choose to proceed with legal action, your lawyer will review the evidence, speak to the witnesses, and begin negotiating for your compensation with the at-fault driver’s insurance company.
Most car accident claims are settled out-of-court, so most car accident injury victims aren’t even required to make a court appearance. However, if you are not offered a reasonable settlement amount, or if liability for the accident is disputed, your lawyer will take your claim to trial.
At a personal injury trial, your lawyer will explain to the jurors how the collision happened, how you were injured, and the severity of your injuries. Your lawyer will tell the jurors why they should decide in your favor and order the at-fault driver to pay you just compensation.
You will need to be represented by a Westchester County car accident attorney who is both an experienced trial attorney and a skilled negotiator.
Usually in New York, the statute of limitations – the time limit – for filing a personal injury claim arising from a car accident in this state is three years from the accident date, but you should not wait three years or even three weeks to speak with a car accident lawyer. Be aware that the time limit is far shorter when dealing with a governmental entity as a defendant.
Call an attorney as soon as you’ve been treated for your injury. Over time, evidence can deteriorate or disappear, and witnesses forget details or become difficult to locate. Putting your lawyer on the case at once is the best way to establish a strong and persuasive injury claim.
According to the American Bar Association, more than 180,000 lawyers currently practice in the State of New York. If you have been injured by a negligent driver, how can you locate the attorney who will make your case a priority and advocate aggressively on your behalf?
For decades, the award-winning legal team at Greenspan & Greenspan Injury Lawyers has been fighting – and winning – for the injured victims of car accidents in Rockland County, Westchester County, and throughout the greater New York and now greater Philadelphia areas.
We handle personal injury cases on a contingency fee basis, so you’ll pay no attorney’s fee to Greenspan & Greenspan Injury Lawyers until we recover your compensation. If you have been injured in a car accident, we will provide an in-depth initial case evaluation without cost or obligation.
If for any reason our legal team cannot recover your compensation, you will owe no attorney’s fee. Learn more, or begin the legal process now by calling Greenspan & Greenspan Injury Lawyers at 914.946.2500.
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]]>The post How to Get a Police Report for a Car Accident in New York City appeared first on Greenspan & Greenspan, P.C..
]]>A police report regarding an accident will include the following:
While the report may not necessarily point to who exactly was at fault, the level of detail about the scene of the accident can assist your personal injury attorney and, potentially, accident scene experts (such as accident site reconstruction experts) in fully developing a theory as to who as at fault or how much fault each party had. It can be important when negotiating a settlement or presenting proof at trial or a hearing.
Our attorneys have gone to court and achieved success in proving their case based upon the information contained in the police accident report. Knowing how to obtain and properly utilize a police accident report in a lawsuit is a key reason to have an experienced attorney on your side.
At the scene of the accident involving injuries or more than $1,000 in property damage, call 911 and tell the operator there’s been an accident (and if there are apparent injuries, mention that too).
A police officer will be dispatched to the scene. The officer will prepare a report including the statements of each driver and any observations the officer made at the scene.
Once law enforcement has filed the report, you can request a copy of it within 30 days of the date of the accident. You can go online to the Collision Report Retrieval Portal and fill out a form to request the report. It can take up to seven business days for the police report to be online.
Once 30 days have passed, requests can be made to the New York State Department of Motor Vehicles (DMV).
Every state in the U.S. handles comparative negligence differently, based on three types of negligence. Where the accident occurs is where the laws of comparative negligence come into effect and will affect the outcome of the case.
Here are three types and how they’re handled across the country.
New York State is a pure comparative state. That’s why building as strong a case as possible is crucial because each side is at risk of being assessed for liability.
After exchanging contact information and insurance details with anyone else in the accident, it is vital that you visit a doctor as soon as possible, even if you feel fine. There are injuries that can result from accidents, including serious ones, that don’t show symptoms immediately. If untreated, they can worsen and even become life-threatening.
Then call Greenspan & Greenspan Injury Lawyers at 914-946-2500 for a free initial consultation with one of our White Plains, NY, car accident attorneys. Our team of experienced, knowledgeable accident attorneys can help determine the best approach for your case to ensure you don’t lose out on damages you should be eligible for.
Equally important to what you should do is what you shouldn’t: Do not speak with (or exchange texts or emails with) the other driver’s insurance representative or attorney. Their primary goal is to attribute as much blame for the accident to you as possible in order to avoid paying out for their client. They may also try to push you to accept a much lower settlement than you’re entitled to. If you receive calls, emails, or letters, don’t respond to them. Instead, forward them to your attorney.
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]]>The post Drunk Driving vs. Drowsy Driving vs. Distracted Driving appeared first on Greenspan & Greenspan, P.C..
]]>Drunk driving is prosecuted in New York as Driving While Intoxicated (DWI). Drugged driving is prosecuted as Driving While Ability Impaired by Drugs (DWAI-Drugs). New York does not utilize the term DUI. The drugs can be illegal or legal; many prescription drugs have side effects that cause them to warn people against operating heavy machinery (including vehicles) while using them. They can slow reflexes or even cause someone to fall asleep while driving.
There are different levels of DWI and DWAI Drugs depending on the type and amount of alcohol or drugs taken. Usually, a first offense can lead to a fine of $500-1,000, and at least six months of having your driver license revoked. The statute provides for jail time as a sentence, but for first time offenders, jail time is generally not imposed. Subsequent offenses face stiffer consequences, including jail time, community service, increased fines, and the possibility of having the New York driver license permanently revoked.
Drowsy driving is a type of impaired driving that doesn’t involve things like drugs or alcohol. It could be because someone worked a longer-than-usual day, didn’t get enough sleep the night before, doesn’t feel well, or because of conditions like sleep apnea or insomnia. It can cause a driver to have impaired reflexes or even fall asleep while driving.
In New York, there currently aren’t any laws that make drowsy driving illegal. However, if someone is driving while fatigued and causes an accident, they could be held liable for damages in a civil lawsuit, especially if their passenger or another driver was seriously injured in the crash.
In the age of cell phones and vehicles with touch-sensitive dashboards, distracted driving has become an increasingly common cause of car accidents. It’s not just phones or dashboards either; eating while driving, reading digital billboards on the side of the road, and talking with a passenger in the front seat or in the seat behind are all situations that cause a driver to take their mind (and eyes) off the road in front of them. Distracted driving can have tragic consequences. A distracted driver may not notice a car pulling in front of them, an animal darting into the street, or a traffic slowdown ahead.
New York law specifies that drivers are not to use a hand-held device while driving (unless calling the police or for emergency services). Being ticketed for using a portable electronic device can lead to consequences, including fines of $50-200 for a first offense and more for subsequent offenses. It also adds five driver violation points to their driving record. If someone receives 11 points within 18 months, their license could be suspended.
In any kind of car accident, liability is going to be determined in order to assess the damages to the party at fault.
In the U.S., three types of comparative negligence are used by various states:
If you were injured by a drunk driver, we can help you obtain the justice that you deserve!
Call Greenspan & Greenspan Injury Lawyers at 914-946-2500 for a free initial consultation with one of our White Plains, NY, car accident attorneys. These are complex cases that can lead to severe consequences, so you’ll want an experienced, knowledgeable attorney working with you as soon as possible.
Don’t enter into any communication with the other driver’s insurance representative or attorney. They’ll want you to take most or all of the blame for the accident. They could also try to convince you to accept a much lower settlement than you’re eligible for. Don’t respond to any emails, letters, or phone calls you receive from them. Forward them to your attorney instead.
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]]>The post What Is Vehophobia? appeared first on Greenspan & Greenspan, P.C..
]]>There are many types of phobias, but one that frequently comes up in personal injury cases is vehophobia. Read on to learn more about it.
Vehophobia is the fear of driving a car. This can happen for multiple reasons (see below), or it may arise seemingly without incident. A vehophobic person may be perfectly fine as the passenger in a car but panics at the idea of driving one. (They may also not be OK as a passenger–see the discussion of amaxophobia below.)
As with other phobias, someone’s symptoms may be mild, such as feeling uncomfortable and slightly fearful about driving. But they can also be more severe, leading to the vehophobic person being unable to drive at all.
Common symptoms include shaking, sweating, racing heartbeat, shortness of breath, nausea, or dizziness. One especially difficult symptom is when the vehophobic person has racing thoughts that range from fear of being in an injury-causing accident, losing control of the car, or becoming trapped in the car. When someone’s mind focuses on these types of thoughts, they may be unable to focus on the task at hand: Driving. That makes them unsafe for themselves and others on the road.
Because of that, people with even mild vehophobia may feel unsafe to drive, which can negatively impact their day-to-day lives.
While similar, vehophobia is not the same as amaxophobia (fear of being in a vehicle at all, such as being a passenger) or hodophobia (general fear of traveling). While these are three distinct types of phobias, it’s not uncommon for them to overlap. For example, someone who was in a traumatic car accident may become both vehophobic and amaxophobic.
It’s not always clear what causes vehophobia or whether there’s always a specific cause. Since phobias are considered irrational fears, they can emerge with no identifiable trigger. However, there are some situations that can be tied to the development of vehophobia symptoms.
Because vehophobia can so significantly disrupt someone’s life, they may worry that it’s a permanent condition. However, there are various treatments that can help someone overcome the phobia. It’s essential to recognize that phobias can take time to manage or overcome; overnight results aren’t likely. There may also be times when the phobic person feels like they’ve made progress but then experiences a recurrence. That doesn’t mean the treatment isn’t working. It’s important to continue forward and know that occasional backsliding isn’t the end.
Of course, the problem with any of these treatments is that they’re not usually free, and the longer they take, the more they’re likely to cost. If you developed vehophobia from being in a car accident and the other driver bears at least some of the blame, contact a knowledgeable personal injury attorney to discuss how you can file for damages. Those damages could help pay for the treatment you need to manage or overcome your vehophobia.
Call Greenspan & Greenspan Injury Lawyers at 914-946-2500 for a free initial consultation with one of our White Plains, NY, car accident attorneys.
We understand how terrifying and frustrating living with vehophobia of car accidents can be. If you can regain control over your life by seeking the kinds of treatments you need but can’t afford on your own, the legal efforts will be more than worthwhile. We can help determine if the other driver may have been liable for the accident and thus for your vehophobia. If so, we can help you file for damages that may help you pay for medical and therapy bills that could allow you the possibility of reducing or eradicating the vehophobia to the extent that you can drive safely again.
It’s important that you don’t enter into communication with the other driver’s insurance representative or attorney. Their primary goal would be to get you to take most or all of the blame for the accident. They could also try to convince you to accept a much lower settlement than you’re eligible for. If they call, email, or send letters to you, don’t respond. Instead, forward all communication to your lawyer.
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]]>Right of way is a term that describes what happens when two or more vehicles arrive at different spots in an intersection and how it’s determined which of them can go first. If one driver has a stop sign and the other doesn’t, the driver without the stop sign has the right of way, and the driver at the stop sign must wait until the intersection is clear to enter.
Another example is a pedestrian in a crosswalk. Laws regarding pedestrians in crosswalks vary from state to state, but in New York, drivers are required to stop for pedestrians and exercise “due care”, even if the pedestrian isn’t in the same lane as the driver. Pedestrians crossing a street outside of a marked crosswalk or within an unmarked crosswalk at an intersection have to yield the right of way to all vehicles upon the roadway
The yield sign is the obvious signal that a driver needs to yield the right of way to the other drivers coming through and only enter the intersection when there is no other oncoming traffic. New York law defines several other situations as well, including:
If you’re approaching an intersection where you either have a green light or there’s no stop sign in your direction, but there is a car in the intersection either going straight or trying to make a left turn, you must yield to them.
If two drivers approach the same intersection from opposite directions, the driver who wants to turn left must yield to the driver going straight or turning right.
It’s important to note that when turning left, the driver must yield to any vehicle or pedestrian that’s close enough to the intersection to be a hazard.
As noted above, pedestrians in crosswalks have the right of way, and drivers must let them complete crossing the street before driving into the crosswalk. However, if a pedestrian is crossing in a crosswalk against a Do Not Walk signal or sign, they do not have the right of way.
If a driver wants to cross an intersection to get to the next block, but there’s stopped traffic ahead that would cause them to have to stop in the intersection, they must remain in the prior block so as not to cause a traffic jam in the middle of the intersection.
If two drivers stop at stop signs at an angle to each other, and they’ve stopped at the same time, the driver on the right side has the right of way and can cross the intersection first. The driver on the left must yield.
Drivers who want to enter a roadway from a place that is not itself a roadway (driveway, alley, private road) must stop and yield the right of way to the vehicles in the roadway, not entering until the road is clear.
When approaching a traffic circle (sometimes called a roundabout), the driver wanting to enter must yield to vehicles already in the circle.
All drivers must yield and, where safe, pull to the side of the road when an emergency vehicle (law enforcement car, fire truck, ambulance) comes from behind or from the opposite direction. If the non-emergency driver is approaching the same intersection as the emergency vehicle, they must let the emergency vehicle cross through first.
When an emergency or hazard vehicle is stopped on any part of a road, including a shoulder, drivers must slow down and, where possible, move one lane away from the emergency or hazard vehicle.
While the laws in New York about yielding seem clear-cut, they can become complicated when one or more vehicles are involved in an accident. Rather than trying to determine fault on your own, it’s highly recommended you work with an experienced personal injury lawyer who knows how to acquire and present evidence.
One of the first things you should do is have yourself checked out by a doctor, even if you feel fine. Some injuries don’t exhibit symptoms right away, including serious injuries that can worsen if left untreated. This is true whether you were another driver, bicyclist, motorcyclist, or pedestrian.
You should also call the police to report the accident and collect the contact information from the other driver and any eyewitnesses. Take photos or videos of the accident scene too. These can be used as evidence. New York is a no-fault state, meaning that a pedestrian’s crash related medical bills, wage loss and up to $25.00 a day in transportation costs will be paid by the insurer of the vehicle which struck the pedestrian, regardless of who was at fault. If your damages are significant, fault becomes an issue when considering whether you can sue the driver and owner of the offending vehicle.
Then call Greenspan & Greenspan Injury Lawyers at 914-946-2500 for a free initial consultation with one of our White Plains, NY, car accident attorneys. We can help determine the best approach for your case.
Be sure not to enter into any communication with the other driver’s insurance representative or attorney. Their goal is to make you accept as much fault as possible for the accident, or they may try to convince you to accept a much lower settlement than you’re eligible for. If they try to contact you, simply refer them to your lawyer. Remember, the other driver’s insurance representative is not there to help you. Know your rights by speaking with an experienced Westchester County personal injury lawyer!
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