Articles Tagged with Personal Injury

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Not sure of what’s required of drivers after an accident that causes property damage or injury? Basically, if you are physically able to exchange information with the other driver, then you are required by law to do so.

In New York, the law states that, if you know or have cause to know that the collision resulted in personal injury or property damage, then specific kinds of information should be exchanged with the other party or provided to police before you leave the place where the injury or damage occurred. The law requires you to provide the following:

  • Name
  • Driver’s license number
  • Insurance information, including your card, carrier, policy number and effective dates
  • Street and number of your residence

Police on the scene of a crash are also required to help the parties involved in the collision exchange information when doing so is practical and physically possible.

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Of all the vehicles on the road in New York City, trucks owned by the city make up less than 4 percent. However, as recent reports tell, 32 percent of bicyclist fatalities and 12.3 percent of pedestrian fatalities are due to collisions with city-owned trucks.

In consideration of those disturbing figures and the human suffering they represent, the City Council Transportation Committee has unanimously passed legislation that would require all private and public sanitation trucks in the city to install protective side guards to prevent cyclists and pedestrians from being trapped under the vehicles.

Earlier this year, 240 sanitation trucks were equipped with side guards as part of a test run, but the new bill would do much more. The legislation would apply to city trucks that weigh more than 10,000 pounds and to all private sanitation trucks. An estimated 4,500 city-owned trucks and more than 5,500 privately owned trucks would be affected.

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We often discuss legal and medical issues related to collisions between motor vehicles and pedestrians, but the dangers to pedestrians in New York are not all car-related. In fact, a recent report highlights hazardous construction sites in New York as particularly dangerous to pedestrians and bystanders.

According to analysis by The Wall Street Journal, pedestrians and passersby in New York City were involved in 96 construction accidents from 2008 through 2014, with 155 injuries resulting from those accidents. More than 75 percent of those incidents occurred in Manhattan.

Construction accidents that injured bystanders during that period involved falling tools, bricks and fences, and in some cases fences were blown down by the wind. Incidentally, the building code now specifies that fences on construction sites should be able to withstand 80-mile-per-hour winds. However, fences on construction sites fell or blew over and hit bystanders 16 times between 2008 and 2014, causing injuries to 23 people.

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In our May 7 post, we discussed a number of indoor hazards that could result in a trip-and-fall or slip-and-fall accident. Now that winter has ended in New York, let’s go over some outdoor hazards that property owners should address in order to fulfill their duty of care to people who enter the premises.

When the snow and ice melt in the city, cracks and holes become apparent in roads, parking lots and sidewalks. Under premises liability law, property owners are obliged to repair holes and other uneven surfaces where people walk. In many cases, customers trip on poorly maintained sidewalks, curbing and parking lots that stores and other property owners should have repaired.

Inadequate lighting is another outdoor hazard that can lead to slip- and trip-and-fall injuries. Whether you’re walking in a parking lot or on a sidewalk outside a business, there should be adequate lighting so that you can see what is ahead of you on the ground and safely navigate any uneven surfaces.

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After suffering a personal injury, many people are not familiar with the related legal terms. The law has its own language, and if you’ve been injured in an auto accident or on someone else’s property, then it is important to know at least the basics of the relevant legal jargon.

Here we’ll discuss a few terms that anyone who has suffered a personal injury in New York should understand.

Liability is a basic concept in personal injury law. When someone else is liable for an injury you’ve suffered, that person (the defendant) is legally responsible for the harm caused to you (the plaintiff). When the defendant is found to be liable for your injury, he or she could be ordered by the court to pay damages.

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Being injured in a hit-and-run accident can be one of the scariest and most frustrating, uncertain and painful times in a person’s life. In many cases a prompt and thorough investigation can lead to the arrest of the offending driver, but the person who was injured in the crash may still be left wondering how to receive and pay for medical treatment.

While New York law requires drivers to carry insurance, not everyone does, or they don’t carry enough to cover the full cost of injuries resulting from a crash. However, if you have added personal injury protection (PIP) or uninsured motorist coverage (UIM) to your insurance policy, then you may pursue compensation through your own insurance. This can be especially helpful after a hit-and-run collision.

The attorneys of Newman, Anzalone & Newman help hit-and-run accident victims get the compensation they need. We work with clients to explore the full range of relief options. We also conduct thorough investigations to identify the hit-and-run driver. These investigations typically involve interviewing witnesses and obtaining any available evidence at the scene, including security camera footage.

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If you’ve been seriously injured in an auto accident because of someone else’s negligent or reckless driving, then you undoubtedly know the injury is costly in terms of economic and non-economic damages. In a personal injury lawsuit, the amount of compensation you can recover depends on the kinds of damages you’ve experienced.

For example, medical expenses and lost wages are economic damages, while pain and suffering and loss of companionship are non-economic damages. Compensation in a personal injury case may cover past, present and future damages, so it is important to get an accurate valuation of the short- and long-term costs of the injury.

Depending on the facts of the case, compensation for medical expenses may cover a wide variety of costs: hospital and doctor bills, in-home care services, cognitive therapy, physical rehabilitation, prescription medications, accommodations such as wheel chairs and crutches, ambulance fees, and more.

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New York has one of the more comprehensive bans on use of cell phones while driving. Some states only ban texting by young drivers, and other states ban texting by bus drivers or in school zones. New York bans texting and the use of handheld devices for all drivers, no matter their age.

The statistics support the law in New York. According to government data, it is estimated that 421,000 people suffered injuries in 2012 in crashes that involved distracted drivers, and that same year, 3,328 people died in distracted-driving accidents. Such crashes are preventable, and drivers of all ages should be aware of the potentially deadly consequences of not paying attention while behind the wheel.

To illustrate the risk, all you have to do is close your eyes for five seconds and imagine that you’re driving. You’re travelling at 55 miles per hour, and that means you can travel the distance of a football field in five seconds. A report from the Federal Motor Carrier Safety Administration estimates that the average time a texting driver’s eyes are not on the road is five seconds. Texting requires a driver’s cognitive, manual and visual attention, and any time a driver is that distracted, it’s like being blindfolded.

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New York State law requires drivers who are involved in motor vehicle accidents to stop and exchange information with the other driver or drivers involved in the crash. If no one is injured and only property is damaged, then the drivers should exchange information about their licenses, insurance and vehicle registration.

There are more required steps, however, if the property damage to any one party is more than $1,000. In that case, the NYS Vehicle and Traffic Law requires that each driver involved in the accident file an official report with the DMV no later than 10 days after the crash. That official form is called the Report of Motor Vehicle Accident, or MV-104.

When a crash results in injury or death, then the law requires that the police be notified immediately. The drivers involved in the crash and the police must report the accident to the DMV.

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A slip-and-fall injury can affect every aspect of a person’s life, and for someone to recover compensation for medical bills and other accident-related costs, it is important to thoroughly document the injury and its effects. A good way to start doing this is to take some notes as soon as possible after the fall.

If your injury prevents you from taking notes, then a personal injury attorney can do it for you, as well as help preserve other documentation of your injury. In any case, it is important to begin building your injury claim soon after the accident, as important evidence and your clear memory of the fall will fade as time passes.

The more evidence you have to support your claim, the better. Evidence should include documentation of the circumstances of your injury. Did you slip on a wet spot inside a store? Was there insufficient lighting in your building when you fell? Was the parking lot where you were attacked too dimly lit? Did a property owner or construction crew fail to put up signage indicating a dangerous work site? Did a property owner fail to remove ice or snow?

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