Personal Injury
Have you been in a auto accident? It’s possible that you have suffered serious injuries or lost tens of thousands of dollars in property. Without proper planning, these losses can be a burden on you for the rest of your life.
The best way to protect yourself is to speak to a lawyer as soon as possible. Your lawyer can help you recover funds that you’ve lost to medical costs and other expenses. They will also work to protect you from liability and criminal charges that may result from your role in the accident.
You should start by scheduling a consultation as soon as possible. You may still have some questions before you begin. Below, you’ll find answers to some of the most common questions about car accidents in New York.
After an accident, you may find it difficult to be focused. However, the decisions that you make following the collision can have a profound impact on your case.
If you make the wrong statement or engage in illegal behavior, you may give up your right to claim compensation from your insurance company or any other party.
Taking the correct next steps can be challenging, especially if you have been injured. In the following sections, you’ll learn what you should do at the scene of an accident, what needs to be done in the coming days, and what you should avoid if at all possible.
Immediately after an accident, you should take the following steps:
- Stay at the scene
- Cooperate with emergency response personnel
- Collect the insurance information from the other driver
- Collect contact information from witnesses
- Collect evidence that may not be available later
It’s important to understand why all of these steps are necessary, including what it may cost you and your case if you don’t comply with them.
01. Stay at the scene
New York, you are required to stay at the scene of an accident if you are the operator of a motor vehicle and have any reason to know that property damage or injury has resulted from an incident involving your vehicle.
You are required to provide your license and insurance information to other motorists involved and/or law enforcement who arrive to assess the scene.
Leaving the scene of an accident is a serious violation covered under New York Vehicle & Traffic Code § 600.
If you leave the scene of an accident that only involves property damage (including to other vehicles, city property, or buildings), you may be charged with an infraction. If you are convicted, you may face:
- A fine of up to $250 and surcharges up to $93
- 3 points on your license
- Up to 15 days in jail
- License revocation (if you are a CDL driver)
If you leave the scene of an accident that involves a personal injury, the consequences are far more
severe. If convicted, you may face:
- A fine of up to $5,000
- License revocation
- Up to one year in jail
- A criminal record
Being convicted in either scenario will make it difficult for you to pursue any claims, even if you were not at fault. Your actions may be construed as an admission of guilt, and you may also lose your insurance coverage.
01. Cooperate with emergency response personnel
Cooperate fully with emergency response personnel who arrive at the scene of the accident. Follow their instructions and allow yourself to be taken to the emergency room if possible.
Do not make any assumptions about your condition, even if you feel well enough to leave the scene. Not all serious injuries present themselves immediately after an accident.
If you choose to refuse medical care, it may be used by other participants in the accident as proof that your injuries were not as severe as you claim.
If you accept medical care, call a friend or professional to the scene to collect any evidence that may be needed to prove your role in the accident.
02. Collect the insurance information from the other driver
Collect the insurance information from any other participants in the accident. Make sure that you record their identity and insurance policy number for later use. Take a picture using your mobile phone if you have no other way to record the information.
03. Collect contact information from witnesses
If anyone witnessed the accident and has remained at the accident scene, attempt to collect contact information from them, including their name and phone number.
Witness statements can be very important to any claims that you make. Such statements may be used as evidence in trials, and they may be key to getting payments from your insurance companies or from other drivers.
04. Collect evidence that may not be available later
Try to collect as much evidence as you can from the scene of the accident. You can help out your lawyer by taking pictures as soon as possible after any collision.
Use your mobile phone to take pictures of the area around the accident. Take pictures of any damage to your vehicle and to any other objects that were damaged. Your images may help your lawyer create your case.
What to do in the coming days
The actions that you take in the days following the accident are just as important as the ones that you take at the scene. There is a lot of work to be done, and you need to make sure that you don’t miss anything or make mistakes.
In the days following an accident, you should:
- Report the accident to your insurance company
- Schedule a full medical examination
- Store all records that are part of the accident
- Schedule your consultation with your attorney
1. Report the accident to your insurance company
You should report the accident to your insurance company within 24 hours after your accident. Many policies require that you report accidents, and if you fail to do so, your coverage may not apply when you need to make any claims.
While it’s important that you report the accident and provide requested documentation, you should be careful about what you say. If you receive any documents to sign, you should wait for your lawyer to review them.
2. Schedule a full medical examination
If you have not yet had a full medical examination (for example, because you did not have any emergency injuries at the scene), you should schedule one as soon as possible.
Not all injuries will be obvious immediately. For example, some neck, nerve, and spinal injuries may not begin causing you pain until days or weeks after they are first caused.
A full examination will give your doctor a chance to assess any injuries that may not yet be evident. It’s also important to have these exams because they can confirm that injuries were present right after the accident, rather than forming at a later time because of different causes.
3. Store all records that are part of the accident
A significant number of records may come your way after you are involved in an accident. It’s important that you store all of these records when necessary. In order to protect you, your lawyer may need to use:
- The accident report or police report
- Your insurance policy
- Your medical records
- Contact information and statements from witnesses
Put all of these records into one folder so that they can be easily accessed. Make sure that you have copies of all of them, including both printer copies and electronic scans.
4. Schedule your consultation with your attorney
It’s important to schedule your consultation with your attorney as soon after the accident as possible. Many factors involved in a case can be time-sensitive.
Waiting too long can impact the kind of evidence you can collect. For example, evidence that can only be collected with court orders—such as video footage from nearby security cameras—may be deleted after only a few days.
Additionally, witnesses who may be important to your claims may change their addresses or telephone numbers. They may need to leave the state or the country to handle life events.
Time limits also apply to making many different legal claims. If you wait too long, you may not be allowed to make claims at all, or challenge decisions that are made by your insurance company.
Avoid these problems by scheduling your consultation early. Your lawyer will know more about what deadlines you need to meet.
What to avoid after an accident?
While there are a lot of things you need to remember to do as soon as possible after an accident, there are also a lot of things you need to avoid. Making some mistakes can make it difficult for your lawyer to help you. In particular, you should avoid:
- Admitting fault
- Making any public statements about an injury
- Accepting the first settlement offer from your insurance company
Admitting fault
You should never admit fault to the accident. Do not admit fault to anyone at the scene, to officers who are taking statements, or to your insurance company. Answer questions directly with the facts that you have.
Even if you suspect that you may be responsible for the accident, you cannot be aware of all the factors in the accident. You do not know the state of mind of the other drivers involved. There are also many views of an accident you cannot see from your driver’s seat.
Making any public statements about an injury
Do not make any social media posts about the car accident or discuss the car accident with other people. These statements may be used as evidence against you even if they are off-the-cuff and not detailed.
For example, posting a picture of a damaged car and saying something like “It was a bad crash but I’m safe and feeling OK” could be used to undermine medical claims that you make at a later date. Your insurance company may claim that this statement proves you did not have the serious injuries you reported.
Wait until your lawyer has reviewed your injury claim and cleared you to discuss details.
Accepting the first settlement offer from your insurance company
Do not accept the first offer that you receive from your insurance company.
Remember, your insurance company is motivated to give you the smallest payout possible. The first offer you receive will not likely consider the long-term consequences of any injuries.
Be careful about signing anything that has been given to you by your insurance company. Your lawyers should review any documents before you sign them.
Your losses from a car accident can be serious, expensive, and last for the rest of your life. You may be unable to enjoy your life to the same degree as you did before. Your expenses may reach millions of dollars if you require continuous medical and psychological care.
Even as the costs add up, your car accident injuries may make it impossible to continue working in your current profession. This can put you in a dangerous position where you have more expenses than ever before, but you are unable to collect income from your profession.
This may sound like a worst-case scenario, but the fact is that there are dozens of different possible personal injuries from car accidents that can put you in this position. Below, you’ll learn about some of these severe injuries and why it’s important to protect yourself if they’re a possibility.
Back Injuries
Back injuries can occur easily, even in minor collisions. Your back is not designed to absorb sudden, heavy impacts. When it happens, you can develop lifelong conditions. These conditions may involve shooting pain in your back, limits on how far you can bend, and the inability to even deal with minor impacts without significant amounts of pain. Treating your condition may require you to take prescription pain medications for the rest of your life in order to live without pain. Physical therapy may help but will not be applicable to all back injuries.
Broken bones
Broken bones are common injuries in car accidents. People involved in collisions often experience broken:
- Wrists
- Arms
- Ankles
- Legs
- Ribs
- Clavicle bones
- Pelvis bones
Broken bones typically take a long time to heal properly. You may be required to wear a cast that prevents you from working. Even after the fracture or break has healed, you may be dealing with lingering pain.
You will not necessarily recover the full use of your bones after a break has healed. This may affect your employment opportunities, and it may cause you long-term pain.
Burns
Burns can easily happen in car accidents if the engine or fuel tank is pierced. It can take surprisingly little force for this to happen. If a fire breaks out, drivers and passengers are at risk of serious burns. Burn injuries can be very painful. They are difficult to treat and may cause tremendous amounts of pain throughout a lengthy recovery. Skin grafts and other expensive procedures may be necessary for recovery.
Even after the injuries have healed, burns can result in serious disfigurement or discoloration of the skin. These areas may need to be treated with cosmetic surgery if they can be treated at all.
Neck injuries
The neck is home to many sensitive systems, and they can be easily damaged by the force of a collision. The parts most prone to damage include the muscles, tendons, and other soft tissues. One of the most common forms of neck injury is whiplash. How whiplash happens is not completely understood. It may involve injuries to multiple supporting systems in the neck, including the discs and nerves. When you have whiplash, you will feel lingering pain and tightness. You may lose some of the range of motion you’re used to. This condition can take a long time to heal. The effects may be with you for up to a year.
Post-Traumatic Stress Disorder
Physical injuries from car accidents can be terrible, but they aren’t the only kinds of injuries that can cause long-term problems. Physiological stress from events that happen during accidents can lead to Post-Traumatic Stress Disorder (PTSD). PTSD can make it difficult to focus in many situations. You may not be able to maintain your current job. Treating PTSD can take years of care.
Soft tissue injuries
Soft tissue injuries are injuries to your muscles, tendons, and ligaments. These systems run throughout your body, and it’s easy for any one of them to be damaged in a car accident. Soft-tissue injuries can occur even in low-speed and low-impact collisions. Depending on the area injured, they may restrict your movement and cause significant amounts of pain. They often take months to heal.
Spinal cord injuries and paralysis
Spinal injuries are among the most serious injuries that may result from car accidents. Some of the most important systems for managing movement run through your spine, and even small injuries to this area can have catastrophic consequences. A spine injury can easily lead to a permanent disability. You may experience partial to complete paralysis. These injuries are often difficult to treat because of the sensitivity of the spine.
Traumatic brain injuries (TBI)
Traumatic brain injuries (TBI) happen when the brain is injured by concussive force or other types of damage. Car accidents are the leading cause of these types of injuries. TBI can easily be fatal. However, even mild cases can result in serious impairment. The impairment from these injuries may involve long-term paralysis, issues with mood and memory, or chronic pain.
New York is a no-fault insurance state.
That means the insurance companies of all drivers involved will have to pay some percentage of the costs associated with the accident—including property, medical, and lost income. Even the insurance companies of the drivers who are not found at fault may pay some amount.
This does not mean fault doesn’t matter. If you are found to be at fault, you may face additional penalties. Your driving record may be impacted, and you may also have to pay for higher insurance premiums.
Your legal dispute in New York cases may be with your own insurance company rather than another driver. Your insurance company may attempt to pay less than the amount that is owed to you under your policy. It may be necessary to file a legal claim against your own insurance company to get what you are owed.
What are the no-fault exceptions
While no-fault rules apply to most collisions, there are important exceptions. In cases of catastrophic injuries or reckless behavior, you may be able to file a suit against other drivers.
If your case goes to a trial, a pure comparative fault rule may apply. In these cases, the jury is asked to determine the percentage of fault that applies to each party. Any damages that are awarded to the plaintiff will be reduced by the percentage that they have been found at fault.
What are the common causes of car accidents in New York?
Certain actions taken while driving may be used to establish fault. You may be found to be more at fault if you have made mistakes while driving or engaged in reckless behavior.
New York publishes research about the causes of accidents, based on statistics gathered by the New York State Department of Motor Vehicles. Research from 2014 showed that the following causes (in order from most frequent to least) were a major factor in accidents in the city:
- driver inattention or distraction
- following too closely
- failed to yield right-of-way
- unsafe speed
- improper lane usage
- backing unsafely
- turning improperly
- driver and experience
- failure to keep right
- aggressive driving
- passing too closely
- headlights defective
- tinted windows
A lawyer can help you recover from a car accident in a number of important ways. Lawyers can apply their expertise toward protecting you in all of the following ways:
- By putting you in contact with the right medical doctors for assessment and treatment: You need to see doctors who can properly document all the injuries that you sustained from the accident. A lawyer can recommend the right professional to help you.
- By helping you calculate the maximum compensation you are owed: It can be easy to underestimate how much an accident is going to cost you personally. You need to consider your insurance policy, the injuries you have sustained, and the income you may lose in the future. Your lawyer can help you calculate this amount and show you how well it matches up to awards in past cases with similar circumstances.
- By investigating your accident and gathering proof about who is at-fault: Even if you know that you are not at fault for the accident, it can be difficult to prove fault lies with the negligent driver. Your lawyer will be able to gather evidence on your behalf, including by collecting testimony from witnesses and requesting documents. Your lawyer can help you understand which pieces of evidence will be useful in a court setting.
- By directing experts, specialists, and investigators on your behalf: Some claims are nearly impossible to prove without the assistance of specialists who can analyze details such as trademarks on the road. Additionally, proving your claims may require investigators who can track down witnesses who haven’t given a statement or other drivers who fled the scene.
- By pressuring or negotiating with your insurance provider: Your insurance provider will not always respect the coverage requirements of your policy. They may attempt to get you to sign a lower offer or simply lie about the details of your coverage. A lawyer who understands car accident law can negotiate with insurance adjusters on your behalf. Just having a lawyer can convince insurance companies to make a better offer.
- By advocating for you in court: When the costs of your medical bills are on the line, you shouldn’t consider representing yourself. A lawyer can help you make your case in the appropriate way, and prepare you for the questions that you’ll get from lawyers representing insurance companies. You’ll be better prepared for everything that happens.
This is not a complete list of all the ways that a lawyer can help you. All car accidents in New York are different, and there will almost certainly be factors in your case that have not been mentioned here.
For the best possible outcome in any legal case, you want to choose a law firm that you trust and a legal team that makes you feel confident in their ability to communicate with you, protect your legal rights and win the best possible compensation for your injuries.
You should also consider the location of the law firm. Even if you have a trusted attorney where you live, if you are injured on an out-of-town visit to Long Island, you would be wise to consider an experienced Long Island car accident lawyer. Here’s why.
01. A local attorney will know many of the judges in each district court, as well as local attorneys who may work with the plaintiff/s in your case. They have a thorough knowledge of the procedures of each county’s civil courts. For example, Suffolk County has six District courthouse that hear civil cases, while Nassau has one District Court that can handle civil cases up to $15,000, a County Court to hear civil cases up to $25,000, and a Supreme Court that handles civil cases beyond this amount.
02. They will know where, when and how to file any necessary legal petitions, motions, or other documents with administrative offices and civil courts in the three counties that make up Long Island.
03. A Long Island law firm will be conveniently located and will not need to mail documents via FedEx or UPS, creating potential delays in your case. A local law firm can make sure documents arrive and are received using couriers and law firm staff. When medical bills are piling up and you or a loved one is unable to work and earn a living, every additional day that your case remains unresolved is a burden you should not have to face. When you have a team of Long Island personal injury attorneys who provide exceptional attention to their clients there is no need for unnecessary delays.
04. An experienced Long Island personal injury attorney will know what juries in each district court tend to award car accident victims if a case is to go to trial. This can make settling for the compensation you deserve much easier. So much of civil law is about experience and knowledge of the specific jurisdiction where a case may be heard. How much you can expect to be compensated, the best approach to arguing your case in a particular court, and even how juries and judges will view certain types of car accidents lawsuits in the area are all essential pieces of knowledge. This is the type of local intelligence that only a Long Island attorney will possess.
05. A Long Island personal injury law firm will also be able to gather information from the accident scene, witness testimony, your immediate hospital records, and information on other drivers, along with other details about the accident that may be difficult for an out-of-state law firm to piece together by phone and via the internet.
06. If you are a Long Island resident, all the better to work with a law firm that is close to you and the courts where your case may be heard. If in-person interviews, affidavits or sworn testimony become necessary for your case or claim to move forward there, a local attorney will be close by and available whenever you need them. At Chaikin LaPenna, our team of experienced attorneys have spent years helping car accident victims on Long Island and in New York City win the compensation they deserve. We will be there for you every step of the way — call today for an initial consultation.
Long Island has some of the most beautiful destinations in the country and some of the most breathtaking drives to reach them. Long Island is filled with rustic villages with farmers markets, pristine beaches with gorgeous old lighthouses, and tranquil state parks with majestic ocean views. That said, driving on Long Island can feel like you are an unwilling participant in the classic arcade game “Pole Position” — with winding roads, treacherous road hazards like massive potholes, huge slow-moving 18-wheelers, and other drivers zooming up from behind at ridiculous speeds. Seven of the ten most dangerous roads in New York State can be found on Long Island.
The Southern State Parkway, designed in the 1920s to bring city dwellers to Jones Beach and other destinations, features perilously narrow turns, decades worth of haphazardly added upgrades and exits, poor lighting, and pot-holes that will take out a tire and destroy your rims if you’re unlucky enough to land in one. Its most dangerous 10-mile stretch, known as “Blood Alley,” (between exits 17 and 32) is considered one of the most dangerous sections of road in New York State and possibly the country.
Jericho Turnpike (or Route 25), where speeders abound and left-hand turn lanes and crosswalks are few and far between, is a nightmare for both drivers and pedestrians. Interstate 495 (also known as the Long Island Expressway or LIE) is one of the busiest and most dangerous thoroughfares, spanning the length of the island. Too many vehicles travel at warp speed, tailgate, and weave in and out of lanes along this eight-lane behemoth.
Finally, Hampstead Parkway in Nassau County is a mess of an arterial road that is consistently ranked the most dangerous road in New York State for pedestrians who dare to cross it.
Driver error is often involved — dangerous maneuvers like tailgating, speeding, sudden lane changes, or blowing through stop signs are far too common on Long Island roadways. Drunk driving, impaired driving, and distracted driving are also big problems. But just as likely, the fault lies to some extent with poor road design, shoddy upgrades, nearly non-existent maintenance, and communities that have outgrown their connecting roadways without leaders making necessary fixes. If you or a loved one is injured as a driver or pedestrian on any of these or another Long Island roadway, you would be wise to speak with an experienced Long Island personal injury lawyer right away. Protect your interests and make sure you get the financial recovery you deserve–call the skilled legal team at Chaikin LaPenna today. Click here to read more about Long Island’s deadliest roads.
Absolutely. In all but the most minor fender-benders, you should seek emergency medical care. If you have any sign of injury, go to an emergency room right away. Not only will getting prompt medical attention help ensure you get the care you need — that you might not even realize you need — it will also allow you to document your injuries so you can be fairly compensated for them.
A car accident is a traumatic event. When you are in a car crash, your body will try to protect you from danger by releasing a surge of adrenaline, the hormone that causes the “fight or flight” response. This self-preservation response can have a number of effects that make it difficult to know if you are actually injured after an accident. You may experience:
01. No pain or very limited pain, in spite of a serious injury
02. A surge of energy
03. Changes in your vision and hearing that block out sounds and cause “tunnel vision”
04. An increase in blood oxygen levels that can cause “superhuman” strength
After a car accident, our body will also release endorphins that make you feel calm and in control. Endorphins can block pain and relieve stress. In many cases, the pain of an injury will not kick in until several hours or even days after an accident when these hormones have had a chance to wear off and your body can relax again.
Besides adrenaline and endorphins masking symptoms, some injuries take time to appear after an accident. Soft tissue damage caused by the momentum of your body stopping abruptly during a crash — injuries like whiplash, shoulder and lower back injuries — will often take days to present as you experience stiffness, swelling and inflammation in the injured area.
Visiting the emergency room immediately and getting an early diagnosis of any injuries will help speed up your recovery and reduce your risks of long-term pain and complications. Going to the emergency room after a car accident can also give you peace of mind that you are doing everything you can to care for yourself.
Common delayed symptoms that car crash victims experience include:
- Headaches, blurry vision or dizziness
- Nausea
- Memory loss or difficulty concentrating
- Trouble sleeping
- Swelling and stiffness
- Back or shoulder pain
- Numbness in your hands or feet
Reduced range of motion
An important part of any car accident case is showing that your injuries are the result of the accident. The sooner you receive medical care, the more clearly you can show that your injuries are from the accident. Visiting the emergency room also allows you to document the extent of your injuries. You can get x-rays, tests, and expert medical treatment and evaluations for a detailed record of your car accident injuries.
If you have been injured in a car accident on Long Island, it is important to go to a high-quality emergency room. Below are the emergency departments that are considered the best in the Long Island and New York metro region. Depending on the severity of your injuries, you may need to go immediately to the nearest emergency room. Given the option, however, the following are consistently rated as the top emergency departments for quality of care and patient satisfaction:
Suffolk County
Nassau County
Queens County
Brooklyn
Manhattan
You have a significant number of options if you need legal help with car accidents in New York. Chaikin LaPenna is an excellent option because of our focus on personal injury cases, and in particular car accidents, truck accidents, and motorcycle accidents, along with the experience we have delivering excellent outcomes for our clients.
The lawyers at Chaikin LaPenna have worked extensively on Long Island personal injury lawsuits that involved serious bodily injury and wrongful deaths. These events are unfortunately very common in car accidents. Our team of skilled personal injury attorneys has experience helping juries understand the true costs of these injuries.
Our law firm has developed an impressive collection of verdicts and settlements for our clients.
$46.1 Million – Car Accident: Rear ended
The 44-year-old plaintiff was rear-ended on the Long Island Expressway and experienced numbness in this hand caused by a herniated disk in his neck. His meniscus was also shredded in the collision and the injuries have required multiple surgeries.
The jury award includes roughly $5 million for past damages, $36 million for future damages and $5 million for future medical expenses.
$1.7 Million – Car Accident: Collision
The client was an ambulance driver responding to an emergency call. While in the process of making a left-hand turn with the ambulance lights and sirens in operation, he was struck by a vehicle going straight.
The client sustained neck and back injuries resulting in a need for cervical spine surgery. Prior to trial, all parties agreed to attend a mediation in an attempt to resolve the matter.
Defendants vigorously argued that the injuries sustained by our client were pre-existing and not caused by the accident. They claimed that our client did not need the surgeries. The matter was resolved to the benefit of the client in an amount of $1.7 million.
$1.25 Million – Car Accident: Struck when pulled over
Through aggressive litigation, full policy limits in the amount of $1.25 million were tendered within 14 months of the accident for the injured passenger in a motor vehicle accident.
The client was a rear-seat passenger in a motor vehicle that was pulled over on the shoulder of the Staten Island Expressway when it was rear-ended by the defendant in the early morning hours. In the accident, the plaintiff suffered multiple fractures, which required surgery.
As a result of our swift action, we secured summary judgment on the issue of liability. This led to the insurer tendering all applicable policies, which totaled $1.25 million.
Never take the first offer that an insurance company offers you. The offer from an insurance company should be viewed as a starting point in a negotiation for the fair compensation that you deserve for your injuries and damages. Most accident victims don’t have the knowledge of the real costs of their injuries or the expected dollar amounts of a settlement or civil judgement for different types of personal injury cases to be effective negotiators for themselves. Insurance company representatives are betting on this fact when they make a first offer. Even fewer accident victims have the stomach for arguing the value of their physical, emotional or monetary damages with highly skilled insurance company lawyers or other employees — especially while recovering from injuries and getting back on their feet. At Chaikin LaPenna, we have spent years fighting for car accident victims in the New York metro region. We can help ensure that you receive the best possible settlement for your injuries, so you can focus on healing.
You may feel like you want to settle your car accident case as quickly as possible, so you don’t need a lawyer. If you or a loved one has been seriously injured, the settlement offer may at first seem very generous. On top of that, with mounting medical bills, you may feel an urgency to settle for some peace of mind. If you have been injured in a car accident on Long Island and you aren’t a local, you may also wonder if it is worth it to fight the insurance companies from afar. Insurance companies know most accident victims want to wrap things up as quickly as possible and get on with their lives. Be aware that this plays into their calculations when they give a low first offer to accident victims or their family members.
Serious injuries can have massive lifelong costs. For some injuries, it can be hard to predict how long and how costly your care may be. It can be hard to predict and place a value on other long-term damages related to lost income, lost quality of life, or emotional pain and suffering. But when you sign a final settlement agreement with the insurance company, you are often signing away any right to seek any further compensation for your injuries. Before you sign anything, you should speak with an experienced car accident lawyer who can help you calculate what you may be entitled to.
While claims adjusters or other insurance company employees are generally very friendly and gracious, they work for multi-billion dollar corporations whose interests are to make the most money possible. Insurers do this by increasing premiums and limiting the money they pay out for accident claims. Claims adjusters and insurance company lawyers are ultimately employed to serve the interests of their bosses. You deserve someone on your side, who will protect your interests at every step of the way.
At Chaikin LaPenna, our team of skilled Long Island car accident attorneys will make sure you have the information you need to make the best decisions before you settle and will fight to maximize the compensation you receive. Call today for an initial consultation and case evaluation.
The number of accidents resulting from negligent cab, Uber, or Lyft drivers is staggering. In particular for ridesharing app drivers and cabbies that share medallions, lack of adequate training, long hours, and the rush to get to the next fare or client as quickly as possible (for drivers to earn a living) have all led to catastrophic accidents and devastating injuries.
Ridesharing comes with dangers for everyone on the road, and it can create legal complications when an accident occurs. For example, a study by the University of Chicago and Rice University suggests that ridesharing services may actually increase traffic accidents and fatalities, especially in larger cities, by putting more cars on the road and creating more stop-start traffic. And poorly vetted rideshare drivers can increase the risk to passengers’ personal safety. In fact, an internal investigation by Uber found the company received nearly 6,000 reports from passengers alleging serious sexual assault in the U.S. during 2017 and 2018.
If you have been injured as a passenger or the operator of another vehicle in an auto accident involving an Uber or Lyft vehicle in New York, protect your legal rights by speaking with an attorney with Chaikin LaPenna, PLLC today. Our law firm has successfully negotiated and litigated countless New York City and Long Island rideshare accident cases for victims. We can ensure you receive the legal help you need and can go after the compensation you deserve.
Below is an overview of what to do right now if you’ve been injured as a passenger, driver, pedestrian or cyclist in a rideshare accident. The overlapping rideshare laws and regulations are complex and we discuss some of them below that may apply to your case. To understand exactly how the facts surrounding your accident could affect your individual rideshare settlement, you owe it to yourself to speak with an experienced NYC and Long Island rideshare accident attorney today
If you are involved in an Uber, Lyft, or taxi accident, you need to make sure you take specific actions after the crash. These steps can ensure that you stay safe and that your legal rights are protected.
01. Call 911: You need to call 911 following an Uber, Lyft, or taxi accident. The EMS can provide you with any necessary emergency medical treatments, while the police officers will investigate the accident scene and document their findings in their police report. If you decide to pursue a legal claim, this report can provide you with vital evidence regarding what happened and who was involved.
02. Obtain Evidence from the Scene: If you can, try to take pictures or videos of the accident scene. Get photos of your visible injuries, the vehicles involved in the crash, any skid marks on the road, the weather conditions at the time of the accident, and any other pieces of evidence that can help show what happened.
03. Get Driver Information: Following the accident, make sure you get the names, contact information, insurance information, and driver’s license number from every motorist involved in the crash.
04. Report the accident through the rideshare app or by phone. Uber and Lyft both have straightforward methods for riders to report an accident they have been involved in through their apps or by calling customer service.
05. Get Witness Information: If any individual at the scene saw what happened, get their name and phone number. Their pictures and statements can provide you with crucial information if you decide to pursue a legal claim.
06. Get Examined by a Medical Care Professional: Even if your injuries appear to be minor, you still need to get checked out by a medical professional. These physicians can confirm that you do not have any hidden injuries and provide you the treatments you need. Additionally, these doctors will document their findings in their medical report. This report can show what injuries you suffered due to the accident and the extent of these injuries.
07. Contact an Experienced Personal Injury Attorney: Uber, Lyft, and taxi accident claims are complicated. That is why it is imperative to start collecting evidence as soon as possible following the crash. For these reasons, you need to contact an experienced car accident lawyer promptly. These lawyers can get to work investigating the accident and gathering the information you need to prove your claim.
The statute of limitation is a law that dictates how much time you have to initiate legal proceedings for an alleged offense. In New York, the statute of limitations for a personal injury is three years from the accident date. However, there are numerous exceptions to this rule that can shorten or lengthen the amount of time you have to file. For instance, if the accident involved a death, you only have two years to file a wrongful death claim. Or if your case is against a municipality, then the time will be even shorter. That is why you need to make sure to contact an experienced rideshare accident lawyer as soon as possible following your accident. These lawyers can quickly determine how much time you have to file your case and ensure all your legal motions are filed promptly and accurately.
Unfortunately, as each car accident is unique, no attorney can tell you exactly how much your case is worth. In fact, numerous factors can affect the value of your claim, including:
- The severity of your accident injury
- Any property damage to your vehicle or bike
- The type of medical treatments that are needed and the medical bills you incurred
- Will you need any future medical treatments
- Will you be able to work following the Uber, Lyft, or taxi accident
- What was the extent of your lost wages
- Do you need additional help following the accident
- Did you miss out on critical life milestones
- The credibility of the evidence and witnesses presented
When you work with the legal team of Chaikin LaPenna, PLLC, we can go over these factors, determine which ones may impact your claim, and prepare the best case in response, going after maximum damages.
If you are looking to file an Uber, Lyft, or taxi accident claim, you need legal help that you can trust. Not only are these types of accidents incredibly complicated and require detailed evidence to show fault and damages, but they also require a solid understanding of New York’s laws. However, when you retain an experienced personal injury lawyer from Chaikin LaPenna, PLLC, our attorneys can:
01. Go Over Your Concerns: We can go over your case in detail, answer any questions you have, and figure out which legal options you can pursue.
02. Investigate the Accident: We can promptly and thoroughly investigate your accident, gather critical evidence, and interview relevant witnesses that can help substantiate your claims.
03. Handle Negotiations: Discussing your case with the insurance company or the defense attorneys can be stressful. However, when our lawyers step in, we can handle these negotiations and discussions for you. Ensuring you do not say anything that can impact your claim.
04. Take Your Case To Trial: If the other side is unwilling to negotiate, we can take your case to trial and fight for the compensation you need.
If you or a loved one has been injured in an Uber, Lyft, or taxi accident. Do not wait any longer. Contact Chaikin LaPenna, PLLC for a free case evaluation today and let our attorneys fight for the fair compensation you deserve.
Uber and Lyft drivers must meet the following to use their rideshare platforms:
- Meet the minimum age to drive a rideshare vehicle for the city or region
- Have a valid US driver’s license
- Use an eligible 4-door vehicle
- Proof of residency in your city, state, or province
- Proof of vehicle insurance if you plan to drive your own car
- Uber also requires drivers have at least one year of licensed driving experience in the US (or 3 years if the driver is under 23 years old)
- A background check, including driving record and criminal history (both rideshare apps annually perform updated criminal background checks and DMV checks on all drivers)
- Lyft drivers must also complete a Community Safety Education program before driving to prevent sexual harassment and violence.
Rideshare apps keep anywhere from 25 to 40 percent of each fare processed through their app. So drivers depend on tips for their livelihood. They must cater to passengers who at times can be in a hurry and rush their driver. Unfortunately, this can encourage some Uber and Lyft drivers to make maneuvers (abrupt stops, turns and lane changes in heavy traffic without signalling, for example) that put other drivers, pedestrians and cyclists — not to mention themselves and their passengers — at significant risk. As long as rideshare drivers are scrambling to please a fare or get to the next fare as quickly as possible (frequent illegal U-turns have also been a problem), we’ll all face heightened risk of accidents on NYC and Long Island roadways.
Uber and Lyft don’t own or operate the cars hailed by their rideshare app. Both of these billion-dollar corporations go to great lengths to avoid classifying their drivers as employees. Instead, they prefer to treat drivers as independent contractors. This allows both companies to avoid responsibility for accidents or damage that happen when drivers are working. Under New York State law an employer is usually liable for damages caused by an employee. Independent contractors, however, are normally responsible for damages caused by their own negligence.
In New York City, however, rideshare drivers are required to meet the same standards that taxi and other for-hire vehicles must meet. That includes higher levels of accident insurance and a higher level of scrutiny to pass safety inspections.
Legal challenges and legislative efforts are underway to challenge rideshare driver classification in various states across the country. And it remains to be seen if rideshare companies will continue to shield themselves with the “independent contractor” argument.
In order to protect drivers, passengers and everyone on our roadways, ridesharing apps have created limits on the hours of service drivers may put in on their apps.
Both Uber and Lyft require drivers to take a full, uninterrupted 6-hour break for every 12 hours they are in driver mode. These 12 hours in driver mode do not have to be consecutive. Once the Uber or Lyft driver has been in driver mode for 12 hours, the app will prevent the driver from going online until he or she has taken this mandatory 6-hour break.
In addition to mandatory breaks required from Uber and Lyft, New York City regulations prohibit drivers from providing rides for more than 10 hours in a 24-hour period. Drivers reset the 24-hour period by taking a break for 8 hours. Drivers in NYC are also prohibited from providing rides for more than 60 total hours during a calendar week.
For rideshare drivers in New York City, the insurance requirements are higher than those in New York State. All of New York City Uber and Lyft vehicles, taxis, and limousines are regulated by the TLC (NYC Taxi and Limousine Commission), which puts higher insurance requirements in place.
Drivers in New York City must meet the following insurance requirements:
- Bodily Injury Liability Coverage (BIL): $100,000 per person in a single accident or $300,000 for all persons in a single accident
- Bodily Injury Liability (BIL) Death Benefits: $50,000 per person killed in a single accident or $100,000 for all persons killed in a single accident
- Property Damage Liability (PDL): $10,000 for a single accident
- Personal Injury Protection (PIP) / No-Fault Insurance: $200,000 for a single accident
- Uninsured Motorist Bodily Injury (UMBI): $25,000 per person or $50,000 for a single accident
Outside of the five boroughs, very few Uber and Lyft drivers carry commercial auto insurance policies because they are not required to under New York State law and commercial policies tend to be prohibitively expensive. This can create problems because, while premiums are higher for commercial policies, their insurance coverage is better and more appropriate for drivers using their vehicles to earn money.
Rideshare drivers outside of New York City are only required to carry the minimum auto insurance required by the state for personal vehicles:
- Bodily Injury Liability (BIL): $25,000 per person in a single accident or $50,000 for all persons in a single accident
- Bodily Injury Liability (BIL) Death Benefits: $50,000 per person killed in a single accident
- $100,000 for all persons killed in a single accident
- Property Damage Liability (PDL): $10,000 for a single accident
- Personal Injury Protection (PIP) / No-Fault Insurance: $50,000 for a single accident
- Uninsured Motorist Bodily Injury (UMBI): $25,000 per person or $50,000 for a single accident
Luckily, in addition to a driver’s personal auto insurance, ridesharing apps carry insurance. For insurance purposes, a driver’s time is divided into three phases and which insurance covers an accident and at what amount depends on which phase the driver is in.
Offline. The driver’s personal auto insurance policy applies to any accident that takes place when the driver app is turned off.
Available or waiting for a ride request.
If an accident occurs when the driver app is turned on, a driver’s personal auto insurance will likely still apply, but the rideshare corporation also maintains third-party liability insurance for drivers that may apply. For example, if a Lyft driver strikes a pedestrian while circling a congested block waiting for a fare, the driver’s personal auto insurance policy would likely cover damages and Lyft’s third-party insurance would cover any amount that exceeds the limits of the driver’s personal auto insurance policy up to the limits below.
Uber and Lyft maintain third-party liability insurance for all drivers with the following limits:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
En route to pick up riders and during trips.
If a crash occurs when a driver is en route to pick up a rider or when a passenger is in the vehicle, the driver’s personal auto insurance policy would apply as would the following auto insurance maintained by the rideshare corporation on behalf of the driver:
- $1,000,000 third-party liability
- Uninsured/underinsured motorist bodily injury
- Contingent comprehensive and collision
In general, if you are injured in an accident–as a passenger or other vehicle driver–in an accident involving an at-fault rideshare driver, his or her personal auto insurance will cover damages up to the maximum amount of that policy. If this policy is exhausted, then the ridesharing app’s third-party liability insurance should kick in up to $1,000,000, according to the policy coverage outlined above.
Of course, all insurance companies and corporations have teams of lawyers and adjusters that work around the clock to limit their liability and protect their bottom line. For instance, insurance companies may pressure you to admit that you are somewhat at fault for the accident. This is because, under Louisiana’s “comparative negligence” law, an award for damages can be reduced by a percentage equal to the percentage that a victim is found to be at fault for the accident. For example, if you are leaving work after an overnight shift and your vehicle is struck by an Uber driver making a dangerous left turn, the driver’s insurance company or the rideshare app’s insurer could claim you are partially at fault because you were driving while fatigued.
This is why it is so important to seek out a skilled attorney if you’ve been injured in a rideshare app accident. You deserve a legal team on your side with strong knowledge of Louisiana civil law and decades of experience winning for victims of Louisiana auto accidents.
If you are a rideshare passenger who has been injured in a crash, other complicating factors may exist. For example, Uber and Lyft both require users to agree to “terms of service” that both companies have used to deny passengers the right to a jury trial. “Arbitration” is a common way companies use to try to limit the compensation that victims receive in the event of grave injuries or wrongful death.
While the laws that govern car crash liability and personal injury liability in New York State generally apply to cases involving Uber or Lyft drivers, there are added complications that you should know from the start. If you are injured in an accident involving a rideshare driver, it pays to get legal advice from a seasoned attorney specializing in this unique type of case as soon as possible.
Determining who is the responsible party in an accident involving Uber or Lyft isn’t always straightforward. If you are injured in an accident, it might seem like the driver’s auto insurance company or the multibillion-dollar rideshare company involved will protect your interests as a rider, pedestrian or driver. But don’t count on it. Both want the fastest possible resolution, and both work to protect their bottom line first and foremost.
In general, if the rideshare driver is at fault, his or her insurance will cover damages up to the maximum amount of that policy. If this policy is exhausted, then the ridesharing app’s third-party liability insurance should kick in up to $1,000,000. But, of course, both corporations will use complicating factors, like comparative negligence, to protect their interests and keep their costs as low as possible. Furthermore, Uber and Lyft both require users to agree to “terms of service” that they have used to deny passengers the right to a jury trial. “Arbitration” is a common way companies use to try to limit the compensation that victims receive in the event of grave injuries or wrongful death.
It can be a very complex process to sort out who is responsible for paying out compensation and in what amounts when an accident involves a ridesharing app driver. You owe it to yourself and your family to speak with a skilled, dedicated legal team with a strong track record of winning for New York City and Long Island clients who have been victims of Lyft or Uber accidents.
Requirement to Stay at the Scene and Report Accidents
New York State law requires you to report any accident within 10 days that caused a fatality, personal injury or damage over $1,000 to the property of any one person. Failure to do so within 10 days is a misdemeanor. Your license and registration can be suspended until a report is filed.
Beyond the requirement to report, leaving the scene of an accident where an injury has occured — hit-and-run — is a serious offense in New York State. Drivers involved in an Uber, Lyft or taxi accident are required by law to stop and share insurance information with the other driver(s), pedestrian or cyclist before leaving the accident scene. If anyone is injured in the accident, the driver/s are also required to call the police and wait for an officer to file a report. Failure to do one or both can mean being charged with leaving the scene of an accident.
Leaving the scene of an accident involving injuries is a crime that can involve fines, license revocation, and even jail time. Leaving the scene of a rideshare crash involving serious injuries or death is a felony with a potential sentence of up to 7 years.
Types of Damages
Rideshare accident victims in New York State can seek compensation for:
- Property damage
- Medical expenses related to the accident
- Lost wages (past and future earning capacity)
- Future medical treatment and rehabilitation expenses
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Scarring or permanent disfigurement
Punitive damages may also be possible under New York State law, though they are less common. Punitive damages are intended to punish the responsible person to deter others from doing the same thing in the future. Punitive damages are appropriate when the actions of the person who injured you were intentionally dangerous or extremely reckless, such as a driver brazenly ignoring safety regulations, operating their vehicle under the influence of alcohol or drugs, or injuring a victim in an act of road rage. Juries can double or triple awards in the event of particularly egregious actions.
Wrongful Death
A wrongful death claim may be possible if a loved one was the victim of a fatal rideshare or taxi crash. Only a court-appointed representative of the deceased can bring a wrongful death action in New York. To prevail, the representative must prove the responsible party or parties:
- Acted negligently
- The negligence caused the death
- The deceased has a surviving spouse, children, or other beneficiary
- The survivor has suffered financial damage as a result
Only two types of damages can be recovered in a wrongful death case: economic loss and the conscious pain and suffering of the deceased. Survivors cannot seek damages under a wrongful death suit for their own pain and suffering caused by the death. Surviving spouses can recover the value of support and services. Children of the deceased may receive compensation for the loss of parental nurturing, guidance and education.
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If you have been injured in a truck crash, you deserve fair compensation for those injuries. Don’t try to go it alone and negotiate with insurance companies without an experienced truck accident attorney. Employees of the trucking company’s insurer are working to protect their bosses’ interests and bottom line — not yours. You deserve a legal team with years of experience winning for large truck accident victims. We can help at Chaikin LaPenna, PLLC.
Below is an outline of the laws and regulations that apply to truck accident lawsuits. To understand the details of your case and how they affect the potential outcome of your commercial truck accident claim, call today to speak with a member of our experienced personal injury team.
According to the National Highway Transportation Safety Administration, (NHTSA) 5,000 people are killed in crashes involving tractor-trailers or big rigs each year.
- Four out of five people killed in semi-truck accidents are occupants of the other vehicle, pedestrians or bicyclists.
- A third of all fatal crashes that involve a large truck are head-on collisions.
- Another 30 percent involve the front of the truck hitting the back or side of another vehicle.
- Deadly crashes involving large trucks typically happen on weekdays during daylight hours.
- More than 20 percent of all large-truck drivers involved in a fatal crash had at least one prior speeding conviction.
- Broken bones: The blunt-force trauma in a truck crash or rollover can cause a person to suffer a broken leg, foot, ankle, arm, hand, collarbone, pelvis, sternum, or ribs. A simple broken bone may require several weeks in a cast. If a person suffers a compound or complex fracture, the person may require surgery, a lengthy hospital stay and ongoing treatment and physical therapy.
- Whiplash: As an occupant of a vehicle hit by a truck, you may experience whiplash from the extreme forces. This can cause your head to bend backward and then snap forward, straining and spraining the muscles, joints, ligaments, and tendons in the neck. Whiplash typically clears up in a few weeks. Some people with whiplash, however, develop chronic pain or severe neck problems.
- Brain injuries: When your head makes contact with another object suddenly, as is common for pedestrians or cyclists hit by a large truck, the resulting trauma can cause short- or long-term brain damage, or traumatic brain injury (TBI). Severe TBI can permanently harm a person’s physical and cognitive abilities. The accident victim may require long-term medical care and assistance with daily life functions. Severe TBIs can lead to premature death.
- Spine injuries: A blow to the back or sudden awkward movement in a truck crash can break the vertebrae of the spine or tear the spinal cord. These serious and often life-threatening injuries can produce ongoing pain and loss of mobility despite surgical repair and long-term treatment. Damage to the spinal cord can cause permanent paralysis.
- Internal injuries: Blunt trauma from a truck accident, especially those involving pedestrians and cyclists, can damage internal organs like the heart, liver, kidneys. Lungs can be damaged by fractured ribs. Damaged organs and internal bleeding typically require surgery and long recovery times. The injury may cause life-threatening shock or lead to secondary infections, which can be fatal.
- PTSD and Depression: The trauma of a catastrophic injury or witnessing a loved one’s serious injury or death in a truck accident can cause tremendous psychological harm, such as post-traumatic stress disorder (PTSD). A long, painful recovery and the loss of enjoyment from a serious injury or disability can lead to depression.
The Federal Motor Carrier Safety Administration found that in more than half of serious truck crashes leading to injury or death, the large truck caused the accident. The most common factors involved in truck driver error were:
- Speeding (23% of crashes): When truck drivers are in a hurry, sometimes they travel too fast for conditions or exceed the speed limit in busy areas. In NYC, that can be incredibly dangerous with so many pedestrians and cyclists. A truck driver is perhaps liable for your injuries if they drove over a posted speed limit within the city. While they may have been under pressure to make a delivery, there is never an excuse for driving too fast and putting lives at risk.
- Unfamiliar with roadway (22% of crashes): This lack of knowledge about roadways is especially dangerous in NYC where a quick turn off of an arterial roadway can place a trucker on a narrow residential street crowded with other trucks, cyclists, pedestrians, delivery vehicles, and more. Traffic patterns can change on a dime, and constant construction can mean unexpected lane closures and changes that require constant vigilance from truck drivers operating in NYC.
- Over-the-counter drug use (17% of crashes): Many legally obtained and commonly used over-the-counter and prescription drugs affect a user’s ability to operate a vehicle safely. Cold and allergy medicines, antidepressants, opioids, sleep aids, stimulants and other medications can all cause side effects, including drowsiness, nausea, and blurred vision, which put truck operators–and especially others on our roadways–at risk.
- Inadequate surveillance (14% of crashes): A truck driver’s failure to check the large blind spots at the front and sides of their truck can mean life or death for a pedestrian, cyclist or occupant of a passenger car. Checking a cell phone in stop-start traffic in NYC can mean whiplash or worse for drivers and grave injuries for people on foot or a bike.
- Sleepiness or Exhaustion (13% of crashes): Too many companies overwork their truck drivers to the point that the latter literally fall asleep behind the wheel. Fortunately, laws exist from the Federal Motor Carrier Safety Administration (FMCSA) that are supposed to prevent this from happening. Truck accidents still happen from drowsiness, often because truckers are under unreasonable pressure to deliver goods on time. Sometimes they have to work overtime to make that happen. In a busy metropolis like New York City, it can mean the potential for serious accidents.
Other factors also lead to large truck and tractor-trailer accidents:
- Lack of Truck Maintenance: Sometimes a third-party also bears some responsibility for the truck accident or is, in fact, the negligent party, rather than the truck driver. The company hired to maintain the trucks before hitting the roadways perhaps became lax on their regular maintenance checks. As a result, brake failure could occur on the truck, leading to a collision with your car or while you were out walking. Other technical mishaps could occur as well due to lack of technical care. In these scenarios, the entire company owning the truck is possibly liable.
- Dangerous Road Maintenance: Some chaos is to be expected on aging roadways connecting a city of 9 million with the nation’s busiest corridor of commerce. But the city and state have a duty to create and maintain roadways that are reasonably safe. Dangers that can lead to truck and other vehicle accidents in NYC include:
- Lack of signage or warning regarding hazards
- Malfunctioning traffic signals
- Faded or missing lanemarkers or crosswalks
- Debris on road
- Bad Weather Conditions: Other times, it is just inclement conditions on roadways that lead to truck accidents. The driver may still be liable due to not taking enough care to prevent an accident on an icy or wet road.
Only available evidence tells the full story of who is really liable for your particular injuries. A skilled personal injury attorney with experience winning for truck accident victims will help you sort through the details of your case, determine how liability may be assigned, and build the strongest possible claim for compensation.
- First and foremost, make sure you and others involved get immediate medical attention if anyone is injured. Call 911 right away. Make sure you are not at immediate risk from oncoming traffic or other roadway hazards.
- Make sure the accident is reported immediately and that you get a police report. Call 911 and explain the situation. If the emergency is non-life threatening, the operator may advise you to call 311 or another local service.
- If you are able, gather as much information and evidence at the scene as possible. Use your cellphone to take photos at the scene that show angle of impact, damage to your vehicle. Get contact information for all witnesses at the accident scene. Take photos of insurance cards of any vehicle operator involved. This will be invaluable later as your legal team prepares evidence to build the strongest possible case.
- If you were driving a vehicle at the time of the accident, report the truck accident to your insurance company.
- Being in an accident can be confusing and disorienting. Do not admit fault or make any statements about your injuries or those of others to anyone until you have gained a full picture of what happened.
- Most importantly, talk to a skilled personal injury lawyer to understand your legal rights and how the specific facts of your case could affect an award for damages.
- Keep a file of all accident-related medical records, medical treatments, medical bills, and accident-related correspondences.
- Document any lost work time or wages. If you or your loved one misses work because of the accident or resulting injuries, you may receive compensation for these monetary damages.
- Do not sign or agree to any offer from an insurance adjuster before consulting an experienced truck accident lawyer. An adjuster’s job is to help maximize insurance profits and this often means limiting losses (or payouts for damages). You and your family members deserve someone who is on your side, protecting your interests at every step of the way. Call us today.
Federal Motor Carrier Safety regulations changed some things in recent years regarding trucking companies making truck drivers independent contractors. At one time, trucking companies contracted drivers independently to eliminate any chance of being sued if a trucking accident occurred.
Changes to FMCS regulations now eliminate this distinction between a driver and the company. Now drivers are statutory employees of all trucking companies across the nation.
Those of you in NYC suffering injuries from a truck now have a source for liability, even if the truck driver was initially to blame. This means trucking companies are responsible, no matter if they lease their vehicles.
Others can also be liable beyond the trucking carriers. These other entities or people may be solely or partially responsible.
Other Liable Parties in Your Trucking Accident
Various individuals or third-parties could end up being liable once evidence is analyzed by your legal team. A trucking accident may involve a long chain of people who are negligent in preventing it from happening in the first place.
As an example, the maintenance company the trucking company hired to do truck repairs may be liable in part. The trucking company owners maybe told them to do maintenance at set times during the year. Yet, the owners are still responsible for hiring the maintenance company.
Another liable third-party is maybe the manufacturer of a truck part that failed. A tire manufacturer is a prime example here where a defect in the tires went entirely unnoticed when delivered. Brake manufacturers are also the same, or even a company manufacturing the trucks as a whole.
Freight loading companies could also be to blame. Your legal team should have thorough familiarity with FMCA cargo regulations. These are specific laws that can mean freight loaders taking the brunt of liability.
Municipal agencies may have liability as well. In this scenario, it means the city itself being responsible for not properly maintaining a street. Just one deep pothole not repaired for years could cause a truck to veer out of control and hit you.
Or, maybe the truck leasing company is to blame for not inspecting the vehicles before leasing them to the trucking carrier.
Requirement to Stay at the Scene and Report Accidents
New York State law requires you to report any accident within 10 days that caused a fatality, personal injury or damage over $1,000 to the property of any one person. Failure to do so within 10 days is a misdemeanor. Your license and registration can be suspended until a report is filed.
Beyond the requirement to report, leaving the scene of an accident where an injury has occured — hit-and-run — is a serious offense in New York State. Drivers involved in a truck accident are required by law to stop and share insurance information with the other driver(s), pedestrian or cyclist before leaving the accident scene. If anyone is injured in the accident, the driver/s are also required to call the police and wait for an officer to file a report. Failure to do one or both can mean being charged with leaving the scene of an accident. Leaving the scene of an accident involving injuries is a crime that can involve fines, license revocation, and even jail time. Leaving the scene of a truck crash involving serious injuries or death is a felony with a potential sentence of up to 7 years.
Liability Under New York Law
Because of the inherent risks of large trucks, especially to other motor vehicle operators, pedestrians and cyclists, truck drivers have a duty to use “reasonable care” in operating vehicles. Trucking companies have a similar duty of care. Essentially, an injured party seeks damages based on the negligence (either actions or failure to act) of the parties that caused the accident.
Types of Damages
When a trucker, trucking company and other responsible parties cause an accident, that duty is breached and injured parties hold them liable for failing to use reasonable care. They must compensate victims for the “damages” they caused.
Truck accident victims can seek compensation for:
- Property damage
- Medical expenses related to the accident
- Lost wages (past and future earning capacity)
- Future medical treatment and rehabilitation expenses
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Scarring or permanent disfigurement
Punitive damages are also possible under New York State law, though they are less common. Punitive damages are intended to punish the responsible person to deter others from doing the same thing in the future. Punitive damages are appropriate when the actions of the person who injured you were intentionally dangerous or extremely reckless, such as a truck company brazenly ignoring trucking industry safety regulations or a truck driver operating under the influence of alcohol or drugs or injures someone in an act of road rage. Juries can double or triple awards in the event of particularly egregious actions.
Comparative Negligence
New York commercial truck accident judgements are subject to comparative negligence law. This means that a court can find you, the victim, partially at fault for the accident. You can still recover damages for your case. But the court may reduce your award by the percentage that it decides you were at fault. So, if you would have received a $100,000 award and you are found to be 20% at fault for the truck accident, your award would be reduced by 20% to $80,000. A claims adjuster with an insurance carrier will use the same logic in determining what it will offer as a settlement.
Obviously, there is no empirical measure of fault, so any assignment of liability is really a judgement call that is subject to your ability to negotiate with insurers or persuade a judge or jury. A skilled, experienced attorney with knowledge of past awards and how “fault” is determined can be invaluable in helping you through this process.
Statute of Limitations
In New York, the statute of limitations for most personal injury cases gives a victim, or the family of a victim in the event of wrongful death, three years from the date of the injury to file a lawsuit against those responsible for the accident.
Wrongful Death
A wrongful death claim may be possible if a loved one was the victim of a fatal commercial truck crash. Only a court-appointed representative of the deceased can bring a wrongful death action in New York. To prevail, the representative must prove:
- The responsible party or parties acted negligently.
- The negligence caused the death.
- The deceased has a surviving spouse, children, or other beneficiary.
- The survivor has suffered financial damage as a result of the wrongful death.
Only two types of damages can be recovered in a wrongful death case: economic loss and the conscious pain and suffering of the deceased. Survivors cannot seek damages under a wrongful death suit for their own pain and suffering caused by the death. Surviving spouses can recover the value of support and services. Children of the deceased may receive compensation for the loss of parental nurturing, guidance and education.
Hours of Service Regulations
Truck drivers and trucking companies are required to comply with federal trucking industry regulations, including following FMCSA hours of service regulations, if they transport goods across state lines. According to these regulations:
- A truck driver can drive no more than 11 hours during a 14-hour window. This 14 period includes breaks and begins after a driver has been off-duty for 10 hours straight.
- A driver must take a 30-minute break if they have been driving for more than eight hours straight.
- A driver can not drive more than 60 hours in a 7-day period or 70-hours in an 8-day period. To reset the clock, a driver needs a 34-hour break.
Proving an hours of service violation after a truck accident can be difficult. Truck drivers are required to keep track of their hours of service, but a trucking company or truck driver could falsify some of these documents. Records that can help prove an hours of service violation include:
- Logbooks: Truckers are required to keep a written log of their driving information.
- Electronic records or black box recordings: Any truck from 2000 forward must have electronic logging devices that automatically record hours of service.
- Cell data: Call logs, text messages, GPS activity, emails, and more can help prove a truck driver’s activity during their hours of service.
- Bills of landing: These documents are often time-stamped by the shipper or receiver of the goods the truck driver is carrying.
- Receipts and Records: Inspection and weigh station records, tollbooth tickets, gas station and food receipts, and more can establish a trucker’s timeline.
Commercial Truck Insurance
Under current federal laws, commercial large truck drivers that travel across state lines are required to have a minimum liability coverage from $300,000 (up to 10,000 lbs) and $750,000 (over 10,000 lbs), rising to $5 million for certain hazardous cargoes. New York State has similar requirements for local commercial truck operators. In addition, trucking companies will carry liability insurance to protect their business.
What is the first step to take after a truck accident?
Your most important first step is to contact an experienced personal injury attorney immediately after the accident. Gather as much evidence as you can, even if your attorney can gather it for you if your injuries prevent you from physical activity.
The legal team takes things from here so you can recover from your injuries. In the interim, they analyze your case and represent you should you choose to seek compensation. More evidence is gathered, including medical records and bills and correspondences, that show the extent of your injuries and financial hardships caused by the accident.
What is the typical truck accident settlement?
The amount that defendants and their insurance companies ultimately agree to pay in a settlement, or that a jury awards in the event of a trial, depends on a number of factors. Factors include:
- the severity of your injuries
- the anticipated length of recovery
- the conduct of the responsible party or parties
- insurance coverage
The more permanent and severe the victim’s injuries are, the larger the settlement may be. Loss of limb, death, permanent scarring, persistent pain, inability to enjoy life, and mental anguish following a particularly devastating injury can all lead to a larger settlement. For serious injuries, settlements can range from several hundred thousand to millions of dollars.
While typically the at-fault driver of a motor vehicle is liable for the damages they cause in an auto accident, there can be special circumstances when a commercial truck is involved. It is important to understand your legal rights if you’ve been injured in a crash with a large truck. A skilled truck accident lawyer with experience winning for New York City residents can help you navigate the process to ensure maximum compensation for your injuries.
How do I find a lawyer for my truck accident?
If you or a loved one is injured in a truck crash, you will want to consider the following when choosing a lawyer to handle your claim:
- Experience: When it comes to truck accident cases, experience is key. An experienced personal injury attorney will know how to represent your interests, the procedures that must be followed, how to gather evidence, and how to put together a case quickly and effectively for the best possible outcome.
- Truck Accident Case Experience: Because truck accidents claims can be complex and involve state and federal regulations, you should choose a personal injury firm with strong experience settling and litigating these types of cases. Relevant experience winning truck accident cases means
- Location: Does the practice focus on New York City personal injury? Is it conveniently located? These practical considerations are more important than you think. Large multi-state personal injury firms may not provide the depth of local experience or personal service your case deserves.
- Client testimonials: There is no better indicator of a firm’s quality than the good things past and current clients have to say about their experience.
- Past results: You will want to choose a law firm with a strong, consistent track record of success in NYC truck accident cases.
- Personal attention: You deserve a legal team that is available when you have questions or concerns. You also should feel confident with the case they are building for you, that it is receiving the personal attention it requires, and that your attorney respects you enough to ensure you are clear on and comfortable with every step of the process.
Contact Chaikin LaPenna, PLLC
If you are looking to file an truck accident claim, you need legal help that you can trust. Not only are these types of accidents incredibly complicated and require detailed evidence to show fault and damages, but they also require a solid understanding of New York’s laws. However, when you retain an experienced personal injury attorney from Chaikin LaPenna, PLLC, our attorneys will:
- Go Over Your Concerns: We can go over your case in detail, answer any questions you have, and figure out which legal options you can pursue.
- Investigate the Accident: We can promptly and thoroughly investigate your accident, gather critical evidence, and interview relevant witnesses that can help substantiate your claims.
- Handle Negotiations: Discussing your case with the insurance company or the defense attorneys can be stressful. However, when our lawyers step in, we can handle these negotiations and discussions for you. Ensuring you do not say anything that can impact your claim.
- Take Your Case To Trial: If the other side is unwilling to negotiate, we can take your case to trial and fight for the compensation you need.
If you or a loved one has been injured in truck accident. Do not wait any longer. Contact Chaikin LaPenna, PLLC today and let our attorneys fight for the justice you deserve.
Pedestrian accidents are a serious issue in big cities and continue to be considered a significant public health concern. Not only can victims sustain serious injuries, but because of their vulnerability, it can be life-threatening more often than not. Reports reveal a notable increase in pedestrian deaths in the last year, with more than 3,000 citizens seriously injured and 121 pedestrian fatalities. Not to mention an incident in December 2019, where The New York Times reported 6 pedestrian deaths just between Wednesday and Friday. Pedestrian safety concerns are rising alongside fatality rates, demanding action and justice. The need for legal representation is also more important than ever as establishing fault and dealing with claims remain to be complex and difficult without help.
A common cause that has been seen as both the pedestrians and the motorist’s fault in different cases involves alcohol consumption. According to the Centers for Disease Control and Prevention, 47% of crashes that resulted in a pedestrian death involved alcohol for the driver and/or the pedestrian. In fact, 33% of fatal pedestrian crashes involved a pedestrian who was intoxicated, and 17% involved a driver who was intoxicated, while some fatal pedestrian crashes involved both.
Unsafe Pedestrian Behavior
According to ASU examinations, there are more contributing factors to unsafe pedestrian behavior than public intoxication. In fact, they’ve found 8 additional behavioral reasons, not including special conditions and physical environment. These behaviors include:
- Jaywalking, which they define as “walking against a pedestrian walk signal, crossing a street where there is no crosswalk, crossing a street outside a marked crosswalk where one is present, and ignoring designated pedestrian pathways.”
- Failing to yield
- Jogging/walking in the wrong direction
- Working on, leaning on, or pushing a car
- Standing between parked cars
- Standing in the road
- Unawareness of laws
- “Herd Mentality”
When it’s the Driver’s Fault
Aside from alcohol-related accidents, the National Highway Traffic Safety Administrationreports that common crash types where the driver is at blame include:
- Speeding/running red lights
- Hit and runs
- Turning right or left at an intersection
- Vehicles backing up without paying attention
- Distracted motorists
- Failing to obey school bus stops
- Going around Commercial buses
- Failing to yield to the pedestrian in the crosswalk
The unfortunate part about both cases where either the pedestrian is at fault or the driver is at fault is that most accidents can be avoided by both participants paying more attention to their surroundings and being responsible. Nonetheless, it is important to know and understand these common causes so more people will take preventative measures to ensure themselves and others’ safety.
Accidents that lead to pedestrian injuries can be severe and life-altering. Even in cases where pedestrian accidents aren’t fatal, many victims often need emergency attention and long-term recovery. Here are a few of many potential injuries that can be inflicted upon the victim of a pedestrian-vehicle accident, with more focus on severe cases:
- Broken bones and fractures
- Brain injuries
- Spinal cord injuries
- Tissue damage
- Pelvis/upper leg injuries — Research by The Stapp Association reveals that a little over 10% of pedestrian-vehicle impacts are associated with a high rate of fatality or permanent disabilities, especially in injuries applied to the hip and pelvis.
Walk Responsibly
- Wear clothing and material that makes you visible and only take safe routes.
- Follow laws that were put in place to keep pedestrians safe, like walking on sidewalks and crossing the street at corners, intersections, or marked crosswalks.
- Be aware of your surroundings and keep an eye on the surrounding traffic.
- Anticipate the actions of vehicles around you and always be alert.
- Stay informed on the common causes of pedestrian accidents to avoid them better.
- NYS DOT is conducting pedestrian safety site evaluations at approximately 2,000 signalized midblock crosswalks and 2,400 signalized crosswalks on state-maintained routes in urban areas.
- GTSC planned, promoted, and coordinated two six-hour pedestrian safety training workshops for law enforcement officers, [where they] learned about the state’s plan to address pedestrian injuries and fatalities, relevant vehicle and traffic laws, pedestrian crash issues, and data.
- GTSC conducted an annual pedestrian safety enforcement mobilization on “focus communities.”
- New York City has its own pedestrian safety initiative known as Vision Zero. The mission is to stop seeing pedestrian accidents as “inevitable” and start moving forward to actively prevent such cases.
Pedestrian accidents are more common in New York City than they should be, and considering their high fatality rate, they’re a matter that should never be taken lightly. As a pedestrian involved in an accident, it is common to sustain severe injuries to the brain, bones, spine, pelvis, and leg areas. Not to mention the potential risk for fatalities. For these reasons, you have every right to seek fair compensation, whether the motorist is fully at fault or only partially. It can be complex to deal with, so don’t hesitate to contact experts at Chaikin LaPenna, PLLC, to consult with legal representatives dedicated to getting you fairly compensated.
Those of you who already know that riding a bicycle through the city is sometimes risky. Far too many accidents continue to occur with bicyclists every year. Yet, more than half of every citizen here rides a bike at least several times per month.
What kind of bicycle accidents may occur? Numerous scenarios exist. The law is on your side based upon some specific statutes when others are liable.
Numerous scenarios exist on what causes bicycle accidents in NYC. First, you should wear a helmet and use proper hand signals when bicycling in traffic. You should also wear bright clothing or reflective materials so you are easily seen. Using horns, bells, or headlights additionally help enhance safety.
These do not always protect against accidents occurring. Most bicycle accidents occur at busy intersections here in the city. In many cases, these accidents turn fatal, or bring life-altering injuries.
Bicycling along a moving vehicle is another potential hazard. Just as dangerous is riding next to a vehicle in a turn lane.
Trucks are yet another potential risk and usually cause more devastating injuries due to their large size. Or, an accident might occur simply due to lack of street maintenance, like a pothole.
In some scenarios, statutes exist to protect you if someone is liable for your particular injuries.
If you make the wrong statement or engage in illegal behavior, you may give up your right to claim compensation from your insurance company or any other party.
Taking the correct next steps can be challenging, especially if you have been injured. In the following sections, you’ll learn what you should do at the scene of an accident, what needs to be done in the coming days, and what you should avoid if at all possible.
Scooters are very popular in the city and seen often in busy traffic. Accidents can too easily occur with scooters as much any other vehicle. Since becoming more popular, scooter and moped accidents rose in NYC, often leading to increased ER visits.
One reason is legalized use of electric scooters and electric bikes this year. This means more pedal-assist bikes, throttle-powered bikes, and electric scooters dominating our streets amid continually chaotic traffic.
Common accident scenarios with electric scooters include similar situations listed above with bicycles. These accidents might become more serious, though, because scooters potentially travel at higher speeds.
The noise from an electric scooter motor could also prevent you from hearing a horn or an oncoming vehicle. Accident scenarios like these keep happening and will likely continue to, even with proper safety measures followed.
State statutes ultimately protect riders like you when others are to blame.
Some motorized devices in NYC are not allowed to register for use on public streets or highways. Devices like mini-bikes, off-road motorcycles, go-karts, and golf carts are prohibited from being in busy traffic areas.
Should anyone get in an accident with these vehicles, it could cause legal hardship due to prohibited registration. An accident could still happen elsewhere, though, creating a scenario where you take legal action due to possible negligence in the motorized vehicle itself. Or, it was perhaps due to another factor, like being hit by a car in a place with no busy traffic.
In all scenarios, what kind of statutes can you rely on if suffering from an injury? Bicyclists and motorized scooter users are protected by these laws when negligence by a third party plays a part.
After a bicycle accident occurs, you need to gather evidence as quickly as possible. An attorney can do that for you if your injuries prevent you from gathering the evidence on your own.
The reason evidence is so important is you need to race the clock on statute of limitations. Some of those, particularly against municipalities and their subdivisions, do not last long. No fault claim statutes of limitations are even shorter.
With evidence on your side, you can then use various New York laws to gain a possible settlement due to your injuries. Evidence also helps determine who was really to blame for the accident.
Multiple people might be responsible:
- A driver of a car or truck.
- A private property or business owner.
- The city itself for not properly maintaining a roadway.
- The manufacturer of the bicycle due to mechanical defects.
Consulting with a personal injury attorney as early as possible helps gather these facts to save you time and allow you to heal from your injuries.
Various statutes protect your rights as a bicyclist in NYC. One your legal team can help you with is NYC Administrative Code Section 4-08(e). This statute is designed to help those who suffered injuries as the result of blocking or obstructing a bike lane.
Another statute to ask about is VTL 1214, or otherwise known as the “door zone” violation. The law requires car doors keep a space of 2 to 4 feet from any approaching bicycles. Any vehicle parallel parked must adhere to this, or they face serious legal consequences if causing a bike accident.
Section 4-12( c ) is a similar statute that says no driver should exit their vehicle on the side where it might interfere with a passing bicycle in a bike lane.
These statutes can hold someone accountable after your bicycle accident occurs. When proven with proper evidence, these laws are the best weapons you have to gain compensation, other than photographic proof, plus your medical bills.
We all know some taxi drivers in NYC drive far too erratically for their own good. They sometimes cause bicycle accidents due to being distracted, lack of sleep, or simply driving too fast.
Section 4-11, Section C is a specialized statute made just for taxi drivers to discharge passengers within 12 inches of the curb. Similar to passenger cars above, this protects the safety of bicyclists, despite not always being adhered to.
Taxis ultimately need to create fewer than 10 feet available for the free movement of all vehicular traffic.
If you were injured in a bicycle accident, call us immediately at Chaikin LaPenna, PLLC so we can analyze your case and get you the legal help you deserve.
Public transportation, from subways and trains to buses and ferries, provides a convenient way for you to get from place to place in the busy city, especially if you don’t want to deal with the expense associated with owning your own vehicle. While you may assume that public transportation will provide you with a safe ride to your destination, sometimes, the trip does not end that way.
Bus crashes can cause catastrophic injury, both to people on the bus and to people in other vehicles or pedestrians impacted by the bus accident. You may slip and fall on subway stairs or trying to get onto a train. City vehicles could cause serious injury in a traffic accident.
If you suffer injuries in a public transportation accident, you may need to seek compensation for the expenses associated with those injuries. Chaikin LaPenna, PLLC is here for you. Contact us today for a free consultation concerning your legal needs.
Approximately 56% of New York City residents use public transportation on a regular basis, leading to more than 3.8 billion rides on public transportation each week. Public transportation methods include:
- Buses (More than 4,300 buses that serve more than 600 million people per year)
- Subways (Approximately 1.7 billion people ride each year)
- Railways
- Ferries
- Aerial tram
- Taxis and other city vehicles
While these public transportation options make transportation easy and convenient, they can also lead to a lot of potential for accidents.
If an accident does occur in public transportation, how do you know who bears liability? Talk to an experienced personal injury attorney as soon as possible after your accident to learn more about your right to compensation and how to determine who bears liability. Liable parties may include:
The Transportation Company
Sometimes, the city outsources public transportation to a larger company. That company bears liability for maintaining its vehicles and facilities and must take responsibility for any errors caused by its drivers that result in injuries. The company must also carefully screen, train, and monitor its drivers to help ensure the safety of its passengers. Most often, the transportation company will carry insurance designed to offer protection in an accident. A personal injury attorney can help you understand how to calculate the compensation you deserve.
The City
If the city does not outsource public transportation needs to a private company, the city may handle public transportation, including buses, subways, and ferries, directly. The city government may provide its own coverage, rather than taking out a private insurance policy.
If the city bears liability for an accident that occurs on public transportation, from a driver that fails to yield to a car in a stop sign to a poorly-maintained set of subway stairs that results in a slip and fall, you may have a more limited amount of time to file a personal injury claim. Contact an experienced personal injury attorney as soon as possible to start your claim process. You may also need an experienced attorney to help you fight for the compensation you deserve when you must deal with a government entity to file a personal injury claim. The sooner you start working toward that resolution, the better your results will likely be.
In addition to the company that operates public transportation, you may find that other parties share liability for your injuries. For example, if a different company owns the vehicle, you may have grounds to file a personal injury claim against the company that owns the vehicle. If you suffer injuries due to mechanical failure, you may have grounds to file a claim against the vehicle manufacturer or against a mechanic that recently worked on the vehicle. Contact an attorney to learn more.
An attorney cannot guarantee the exact compensation you will receive when you file a personal injury claim following a public transportation accident. Your actual compensation may vary depending on the severity of your injuries, who caused your accident, and how hard the insurance company fights the claim. However, most people claim compensation for:
Medical Expenses
Your medical expenses can mount quickly after a public transportation accident. If you suffer a slip and fall on a bus and end up with a broken hip or traumatic brain injury, you may find yourself with lifelong expenses related to those injuries. If you suffer injuries in a bus crash or a crash with a city vehicle, you may have severe broken bones, spinal cord injuries, and more.
Prompt medical treatment for those injuries is critical. Not only does medical treatment increase the odds that you will make as much of a recovery as possible, medical treatment may provide vital evidence that can prove your personal injury claim. As part of your personal injury claim, you can include the medical expenses sustained as a result of your injuries.
Lost Income
After many types of accidents, you may have a very hard time going back to work. You cannot complete your usual job responsibilities while hospitalized. Many parties struggle to complete their job duties during recovery. Your employer may work with you to allow you to return to work as soon as possible, but you may still miss time due to appointments and therapies. You may also need a limited work schedule while you recover. Those lost wages can create substantial financial hardship. Including those lost wages as part of your personal injury claim can help alleviate some of your losses.
Decreased Earning Potential
After a severe injury, you may lose the ability to work in your industry entirely. You may lose your job and need to seek a new source of income or type of employment. You can include that decreased earning potential as part of a personal injury claim.
Pain and Suffering
In addition to the tangible financial losses you face as a result of your injuries, you may also choose to include pain and suffering as part of your claim. Pain and suffering includes not only the physical pain from your injuries, but also emotional losses, including emotional anguish associated with missed opportunities and activities or lost relationships during your recovery.
If you suffered serious injuries on public transportation, an attorney can help you understand your right to compensation and negotiate on your behalf, increasing the odds that you will receive the compensation you deserve. Contact Chaikin LaPenna, PLLC today to schedule your free consultation and learn more about compensation related to a personal injury claim.
If you find yourself involved in an accident with a FedEx truck, UPS truck, or Amazon delivery vehicle, you may experience shock, fear, and worry. And if you’re like most Americans, you may wonder what you should do to protect your well-being and your livelihood. Below is a look at the various types of commercial vehicle accidents and some simple steps you should take if you are injured by a delivery truck or other commercial vehicle.
“A vehicle designed, maintained, or used primarily for the transportation of property or for the provision of commercial services and bearing commercial plates is considered a commercial vehicle.” – New York City Department of Transportation
Before exploring the best way to handle a commercial vehicle accident, it’s helpful to understand exactly what constitutes a commercial vehicle in New York. The Empire State clearly distinguishes between passenger trucks and commercial vehicles, noting that the latter typically features the following:
- A gross vehicle weight over 10,000 pounds
- Capacity to transport 9 or more passengers
- Ability to transport freight or hazardous material
There are multiple types of vehicles operating in New York that share one or more of these features. They include box trucks, cargo vans, buses, vans, and recreational vehicles. Many trucks in New York are also registered as commercial vehicles, especially if their unladen weight is over 6,001 pounds and they are used primarily for business purposes.
- Blind spots in front of commercial vehicle cabs make it difficult to see pedestrians and cyclists immediately in front of them
- A lack of awareness of New York’s unique vehicle laws is common among commercial vehicle drivers from other states
- Sudden vehicle congestion on many roadways can make it challenging for drivers to stop quickly
- Extreme population density in New York City and other areas can result in injury to multiple people simultaneously
- Low bridges and narrow tunnel openings can lead to accidents among commercial drivers who don’t heed warning signage
- Streets are often narrow and unable to accommodate large commercial vehicles, increasing risk to other drivers and pedestrians
- Step One: Remove yourself from harm’s way. If your injuries are not life-threatening, move to the shoulder or off the road. Then call 911.
- Step Two: Call the police. Reporting your accident to the NYPD right away critical.
- Step Three: Contact an experienced car accident attorney. Look for a lawyer with expertise handling commercial vehicle accidents.
- Step Four: Request the driver’s contact details. Try to avoid blaming the driver, as this could cause them to become angry.
- Step Five: Obtain contact details of any witnesses. Request their contact details and ask them to make a note of what they saw.
- Step Six: Take some photos of the scene with your phone. You can also take notes about what happened before and after the accident.
- Step Seven: Create a file for all of your records. Keep all medical records, car repair bills, and other paperwork in a safe location.
- Provide supportive legal guidance after the accident and throughout the duration of your case
- Help you gather and organize important paperwork, such as police reports and doctor case notes
- Assist you as you prepare your insurance claim materials
- Use clear language to explain how commercial vehicle laws may impact your case
- Put an end to the intimidation tactics sometimes used by commercial trucking firms
- Work with you to help you win your case so you can take care of your financial responsibilities
Being involved in an accident is a scary experience, especially if you sustain a severe injury. Whether your accident occurs at work, at a hotel, at a friend’s home, or even in your own apartment, it’s natural to feel shocked and frightened.
If you are like many New Yorkers, the worry and fear you experience during an accident may worsen when you begin to wonder how you are going to pay for mounting medical bills. The situation can become even more grim if your injuries interfere with your ability to work, leaving you without a dependable means of generating income. But if your injuries were the result of someone else’s negligence, then you may have a legitimate premises liability claim.
It’s natural to feel upset if you sustain an injury due to a property owner’s carelessness. And you may find yourself wondering if the property owners should be held liable for your injuries. However, the answer is often not cut and dry because New York laws can be difficult to interpret.
To best answer the question above, it’s wise to contact a skilled personal injury attorney right away. A lawyer can listen to the details of your story and help you determine whether you have a legal case. In order to show that a property owner is at fault for your injury, you need to show three things:
1) You were legally able to be on the property
The first step in establishing a claim is to that you were permitted by law to be on the property. For instance, if your neighbor invites you to a cookout that you decide to attend, or if you are asked to perform work at a job site, then you are lawfully on that person’s property.
2) The property owner was negligent
Next, you or your lawyer must show that the property owner knew that there were unsafe conditions on their property and did nothing to address those conditions or warn you about the issues. For example, if the neighbor referenced above knows their deck is in need of repair but fails to fix the deck or warn you about the damage, then they are being negligent.
3) Your injury was caused by the property owner’s negligence
Showing that your injuries were the result of the property owner’s negligence is not always easy. For instance, if the deck referenced above collapses and a guest sustains injuries, then the homeowner would likely be found negligent if the injuries were sustained as a direct result of the deck collapse. However, if the guest already had a serious pre-existing knee condition that was not exacerbated when the deck collapsed, it would be extremely difficult to hold the property owner financially responsible for the costs of a total knee replacement.
Proving negligence
Proving negligence often requires hard work, dedication, and experience with New York’s premises liability laws. While the circumstances may logically point to a property owner’s negligence, you need to provide a compelling case to support your claim. This typically involves gathering documents such as police reports, medical records, insurance information, and photos that support your claim. These are all tasks that are best handled by an experienced lawyer.
- Slip and fall cases that arise due to moisture on a facility’s floor, holes in the ground or floor, and falls from unprotected ledges or balconies
- Escalator and elevator accidents that occur as a result of old or defective components or a lack of regular servicing
- Swimming pool accidents that may take place when injury occurs due to the pool owner’s failure to have a proper pool enclosure
- Dog bite injuries that occur when a pet attacks an individual on the street or on a person’s property
- Inadequate security-related assaults or injuries that are due to a building owner’s failure to take the proper measures to protect inhabitants
- Stair-related accidents that may arise if a property owner fails to install or update the proper lighting or handrails in stairwells
- Fires that arise due to defective wiring, faulty electrical equipment, or deferred building maintenance
- Personalized legal guidance following your accident
- Assistance preparing your claim materials
- A clear explanation of how premises liability laws may impact your case
- Support handling threats and other intimidation tactics that property owners sometimes use
- Peace of mind knowing an experienced lawyer is fighting for your rights
The loss of a loved one can leave a gaping hole in your life. When that loss occurs due to another party’s carelessness, you may deserve compensation for your loss. While that compensation cannot bring back your loved one, it may provide you with much-needed funds to help pay final expenses and provide some cushion for the financial assistance your loved one provided for the family.
In order to establish whether you have grounds to file a wrongful death claim, your attorney will consider several key elements.
1) If your loved one had lived, could they have filed a personal injury claim?
If your loved one had the right to file a personal injury claim while alive, the surviving family members may have the right to file a wrongful death claim if that individual dies of their injuries.
2) What relationship do you have to the deceased?
Each family can file only one wrongful death claim per victim. The party with the closest family relationship to the deceased usually has the first right to file a wrongful death claim. If the deceased was married, for example, the deceased’s spouse has the first right to file a wrongful death claim. If the deceased no longer has a spouse or never got married, the deceased’s children may have the first right to file a wrongful death claim. If the deceased has neither spouse nor children, the deceased’s parents can file that claim.
In some cases, other parties who receive financial support from the deceased may have the right to file a wrongful death claim: elderly family members supported by the deceased prior to the accident that led to his death, for example. Other times, the deceased’s estate may file a wrongful death claim to help pay for final expenses.
Who caused your loved one’s death?
Did your loved one die in an auto accident? If so, the liable driver’s insurance company may determine the compensation you can receive through a wrongful death claim. If your loved one died in a premises liability accident, the liable party’s property insurance may cover the claim.In order to determine who caused your loved one’s death and who you can file a wrongful death claim against, talk to your attorney about the circumstances that led to the accident. The attorney will consider:- Who bore a duty of care to your loved one at the time of the accident. For example, in a nursing home abuse claim, the nursing home bore a high duty of care to your loved one and should have provided a high standard of care. If you need to pursue compensation after an auto accident, you may start with the assumption that every driver on the road bears a duty of care to every other driver, pedestrians, and cyclists who share the road.
- How someone violated that duty of care to your loved one. Did a speeding or distracted driver crash into your loved one? Did a nursing home fail to provide proper treatment or to protect your loved one from abuse? Did your loved one suffer injuries at a construction site because an electrician forgot to label live wiring?
- How that violation led or contributed to your loved one’s death. For example, if an electrician failed to label live wires on the construction site, but your loved one slipped off of scaffolding and died due to a head injury, the electrician might not share in the lawsuits you file following your loved one’s loss.
What direct financial losses did you face as a result of your loved one’s death?
A wrongful death claim aims to restore some of the financial losses you faced due to your loved one’s accident and loss. While you may not receive full compensation for all your losses, and an attorney cannot guarantee the funds you will actually receive, you should calculate all direct financial losses from the loss of your loved one. Financial losses may include:- Your loved one’s final medical bills. You can file a wrongful death claim any time your loved one dies of their injuries, even if they did not die immediately after the accident.
- Reasonable expenses associated with your loved one’s funeral and burial. Funerals can prove very expensive, especially if you do not have funds set aside for that purpose. Many people struggle to make reasonable arrangements for a loved one if they die suddenly.
- The loss of your loved one’s income. For many people, losing the income from a specific family member, especially in a two-job household or a single working parent household, can prove devastating. A wrongful death claim seeks to restore some of those lost funds.
What indirect financial losses did you face as a result of the loss of your loved one?
Most people, in addition to providing a source of income for the family, also provide significant support in other ways. Your loved one may have provided child care, senior care, or handled cooking and cleaning responsibilities. Your loved one may also have taken care of tasks like cleaning, maintenance and repair on the home, or vehicle maintenance and repair. After the loss of your loved one, you may have to find other ways to take care of those tasks. Talk to an attorney about how you can include them as part of your wrongful death claim.Did you lose a loved one due to another party’s negligence? An attorney can help you understand your legal right to compensation. Contact Chaikin LaPenna, PLLC today for a free consultation.
