Common Types of Motor Vehicle Accidents and Statistics: Have You Been Injured?

According to the New York State Department of Motor Vehicles, there were 304,804 motor vehicle crashes in New York State during the 2013 calendar year.  Over a thousand of those crashes involved a fatality; over 124,000 resulted in non-fatal personal injury; over 179,000 involved property damage.  If you add the number of drivers in those crashes together with the number of passengers, there were over a million people involved in motor vehicle crashes during 2013.  

The numbers above do not include pedestrian collisions, bicycle collisions, and motorcycle crashes.  As you know, over a thousand people were killed on New York roadways during 2013.  Statistics reveal that 625 of them were drivers; 178 were passengers; 344 were pedestrians; and 40 were bicyclists. 

The statistics for 2014 have not yet been released.  It would not be surprising if the numbers were not any better. 

Given the statistics above, the chances are likely that you or someone you know has been involved in a roadway accident.  The chances of knowing and/or being related to a person killed or injured in a roadway accident are far too great and these tragedies touch too many lives in New York.

The residents in and around Hudson, New York are not exempt from experiencing the horrible ramifications of motor vehicle accidents.  Experienced motor vehicle accident attorneys work with car accident victims every day.  It is important for readers to know that if a vehicle accident resulted from negligence, the injured victims have a right to compensation.

The accidents of which we speak include:

·      Accidents involving cars or trucks.

·      Bus accidents.

·      Motorcycle accidents.

·      Bicycle accidents.

·      Pedestrians hit by motor vehicles or motorcycles.

·      Roadway defect accidents.

Negligence that which leads to roadway collisions, injury and death occurs in many different ways.  Take roadway defects as an example.  Defects in the road can be broken pavement or potholes; missing or improperly placed guard rails; missing or malfunctioning traffic devices and signs.  The road itself may have been improperly designed and/or maintained. 

Here is a list of other negligent acts that which cause injury or death to Hudson roadway users:

·      Speeding.

·      Drunk driving.

·      Buzzed driving.

·      Drowsy driving.

·      Falling asleep at the wheel.

·      Tailgating.

·      Failures to yield and/or stop as required by traffic signs.

·      Running red lights.

·      Texting while driving.

·      Distracted driving.

·      Failing to adjust vehicle use to compensate for poor weather conditions.

Some of these negligent acts will only result in mere property damage. However, others will unfortunately cause injury, sometimes serious, and even death.

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

Who Can I Sue if the Person that Crashed into me has No Money?

Why should a car accident victim have to pay for the costs of a car accident?  The answer is that the victim should not have to pay a single cent.  The person that caused the accident should be held accountable. 

The experienced Hudson car accident attorney knows that holding this person accountable is not always easy.  This is because the offending motorists might have no money and no assets from which the victim can collect compensation.  Attorneys call these types of people, “judgment proof”.  Winning a civil lawsuit against someone who is judgment proof will do little good to the victim.

If not from the driver, from whom can an injured motorist and or pedestrian collect compensation?  New York’s permissive use doctrine answers this perfectly.  Said doctrine is found in section 388 of the New York Vehicle and Traffic Law.  It states,

“[E]very owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use of operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner.”

This means that the owner of the vehicle can be held liable for the driver’s negligence behind the wheel.  Think about situations where a teen is using mom’s or dad’s car.  The teen might have little income and no assets, but the parents may have much, much more.  The same holds true when employees are driving the company car.  The company most likely has more money and assets as compared to the employee.

So long as the driver had permission to use the vehicle, the owner can be held liable.  Permission to use the vehicle can be expressly given.  For example, when mom says to child, “take the car to see grandma”.  Or permission can be implied.  Employees often have implied permission to use company vehicles.  The employer never expressly told the employee to take the car out, but completing his or her job functions requires using the company vehicle.  Additionally, permission can be implied if the owner knows someone is using the car and the owner does nothing to prevent the car’s use. 

Understanding from whom one should collect is important because the New York no fault laws and insurance companies may not compensate the victim for all damages.  The victim will then have to separately sue the driver and anyone else who can be held to pay. 

The experienced attorney will investigate not only into the matter of negligence, but also into the availability of potential sources of compensation. 

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

Employer Held Liable for Employee’s Car Accident

Business vehicles make up a large portion of cars and trucks operating on Hudson, New York roads.  Sometimes, it is conspicuous that the vehicle is company owned; the business name could be written on the vehicle.  Other times, it may not be clear that the driver is operating a company vehicle or driving a vehicle for work purposes.

In any event, when an employee causes a car accident, his or her employer can be held to pay for injuries caused during the accident.  Consider the following real life example.  It is from a case titled, Zeglen v. Minkiewicz.  An employee of GE, Adamson, caused a collision with Minkiewicz.  Minkiweicz’s passenger was a person named Zeglen.  This passenger was injured in the car accident.

Zeglen sued Minkiewicz and Adamson so that he could be compensated for his injuries.  But there is more.  Zeglen also sued GE because Adamson was operating the vehicle while conducting business for GE.  Zeglen won at trial and every defendant, including GE, was held liable for Zeglen’s damages.

Experienced car accident attorneys in Hudson, New York have seen many cases like the one described above.  And holding the employer liable for the negligent actions of his or her employee makes sense.  Why?  Because the employer is profiting off of the employee’s work.  So when there is a loss, the employer must suffer the consequences.  It the legal world, the concept is known as respondeat superior – literally translated as “let the master answer”. 

But there is a catch.  If the employer is to be held liable when his employee’s negligence causes a car accident, the employee must have had permission to use the vehicle, and company business must have been conducted. 

Permission to use the company vehicle can be expressly made or it can be implied.  Meaning, the employer cannot escape liability by saying he never told the employee to use the company vehicle.  For if the employee cannot complete his job without using the company vehicle, than he has implied consent to use the vehicle. 

Let’s talk about operating the vehicle within the scope of employment.  It is not always clear.  For example, some employees are allowed to take a company car home, like a work truck.  But they are told to never use the vehicle for personal affairs.  If the employee uses the vehicle to go shopping for groceries on the weekend and ends up negligently causing an accident, the company might not be held liable for the victim’s injuries.  Of course, motor vehicle coverage will cover some losses, but the company might not be held liable for losses not covered by insurance. 

All of these issues will be debated during any trial; whether or not there was permission to use the vehicle; whether or not the employee was working; or if the employee strayed from company business during work hours. 

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

Car Accidents Caused by Roadway Debris

Any type of roadway debris can be a very dangerous obstacle and could cause very serious car accidents.  Examples of roadway debris include rocks, branches, dirt, broken car parts, glass, and similar types of damaging materials.  Collisions with these objects could cause damage to an individual’s motor vehicle and personal injury to the occupants.  Motorists could also lose control of their vehicles if they strike a large object.  Further, roadway debris run over by a motor vehicle could be launched at other vehicles behind or in other lanes, also causing damage to vehicles or personal injury to occupants.  In addition, many motorists who see the roadway debris and attempt to avoid it could swerve into other vehicles or pedestrians and cause serious personal injury. 

The question becomes who is liable for motor vehicle accidents caused by roadway debris.  New York statutory law has prohibitions against individuals throwing any injurious substances onto the roadway.  This includes glass bottles, probably the most common substance thrown onto the roadway.  If a driver places anything dangerous onto the roadway which causes a motor vehicle accident, he or she could be liable for those injuries.  Similarly, if a motorist places objects on the roof of his or her vehicle and it falls off while in transit, that could also bring liability if another is injured by the falling debris off of the vehicle.

In addition, New York State and municipalities are responsible for roadway maintenance and upkeep.  Debris on the roadway is their responsibility to remove and cure.  Failure to remove roadway debris which results in a motor vehicle accident could result in liability.  To establish liability, the governmental entity must have had notice.  Notice can be established if the debris stayed on the roadway for a reasonable period of time in which it should have been discovered and cured. 

Furthermore, other drivers on the roadway which strike the debris could be liable for any injuries which follow.  All drivers on the roadway must exercise reasonable care under the circumstances in the use and operation of their vehicles.  Thus, if a motorist fails to properly navigate around a hazard—such as a tree in the road or scatter rocks, that motorist may be liable for injuries to another if the debris is launched at another person or any injuries sustained by that motorist’s passengers. 

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

I was Injured When the Other Car Crossed into my Lane on a Curve: What are my Rights?

All motorists have a duty to see what there is to be seen and to exercise ordinary care under the circumstances in the use and operation of his motor vehicle.  This duty extends to all individuals in or around the roadway, including other drivers, pedestrians, and bicyclists.  If a motorist causes a car accident, he may have breached this duty and he may be liable for any harm he caused as a result of this breach under a theory of negligence.

This duty to see what there is to be seen is becomes more important in certain circumstances.  One such circumstance is on a curve, where the roadway is bending one way or another—sometimes sharply—which becomes a dangerous road.  This is because visibility can be severely limited on a curve, particularly at night or during a rain or snow storm.  In addition, the sound of the motor vehicle may also be harder to hear to alert others of an oncoming vehicle.  These factors not only make curves more dangerous for drivers, but also for pedestrians, bicyclists, or individuals trying to exit a driveway on a curve.  Further, the danger is elevated in a wooded area because a motorist has to contend with deer and other animals which may attempt cross the roadway.

New York common law (judge made law) has responded to this problem by finding that motorists owe an added duty of ordinary care to others on curves.  Where a motorist who sees a curve ahead beyond which he cannot see around it, he has a duty to slow his speed so as to prevent a car accident.  Thus, the exercise of ordinary care on a curve, particularly a sharp curve, is to drive the motor vehicle at a speed less than that at which motor vehicles are normally driven on straight stretches in the same general area.

Where a driver fails to lower his speed on a curve and causes an accident on a curve due to skidding, crossing the center line, or running off the road, it has been held by New York courts that such conduct may constitute negligence.  This is particularly true where the curve is located at the bottom of a hill or where there are ample warning signs of the impending curve.  Further, this is true where signs warn of the exact danger which occurs, such as a “hidden driveway” sign and the motorist navigating the curve fails to slow down for the possibility of a driver exiting the hidden driveway.

The attorneys at Greenberg and Greenberg handle motor vehicle accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.