What is My Liability When another Driver Motioned That It Was Safe to Pull into Traffic When In Fact It Was Not Safe?

It is common for motorists to make it easier for other motorists to traverse the roads.  Some everyday examples would be permitting other drivers to merge or enter into another lane, for pedestrians to cross the street, and for others to enter a main road from a side road or parking lot.  This stems from a common courtesy to other individuals and to help motorists who do not have the right-of-way by voluntarily yielding to them.

Yes, we are talking about the gesture.  That is, when one motorists waves to another motorist to go ahead with his or her movement.  We have all been there when part of a class of drivers who understand what it means to “share the road”.  But as experienced motor vehicle accident attorneys, we have seen instances when the good will of a fellow motorist actually produced a roadway accident.

What you are doing when you wave is actually yielding the right-of-way which you have and giving it to another driver.  Thus, you are creating an obligation onto yourself to yield.  But there are different interpretations of what a gesture to another motorist actually means.

Is the gesture telling me it is safe to go?  Is it telling me I can proceed if I want?  Is it telling me that it is safe only if I think so?  Does it merely mean that the other driving gesturing to me will wait for me?  There can be many meanings to a simple gesture.  It is normal for one to ask, “if a motorist waived me into traffic or indicated that it was safe to cross the street when it was not in fact safe, am I liable for the consequences or is the person who waived me on liable?  Also, can all parties somehow be held liable together?”

Please understand that New York law requires all plaintiffs in negligence cases such as car accidents to prove: that the defendant owed the plaintiff a duty; breach of that duty; that the breach proximately caused the plaintiff’s injury; damages were suffered. 

Motor vehicle negligence cases are rarely easy to prove, and they become more complex when situations like the present discussion arise.  There must be proof that the “waving-on” motorist owed a duty to other motorists involved in the accident.  The “waved-on” motorist must be proved to have had a duty as well in order to be held liable for negligence. 

One might have to show that the “waved-on” driver completely relied on the judgment of the person waiving him on, and that such reliance was reasonable.  There might also be a need to determine if the “waved-on” driver acted independently in assessing the safety of proceeding according to the other motorist’s courtesy.

Not only will the reasonableness of the motorists’ actions be judged in comparison to that of another reasonable driver.  The circumstances of the accident in dispute must be considered.  So the plaintiff will want to show that another reasonable and prudent driver in the same or similar situation would not have done what the defendant ended up doing. 

Given the complexity of entering such proof into court’s evidence in front of a jury, only experienced attorneys should be used.  Such attorneys will also be able to articulate the proper award to which the plaintiff is entitled.  Also, since each party may be held accountable for their proportionate share of responsibility, the attorney will also show how much each party is responsible to contribute to the damages awarded. 

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.

Roadway Accidents Involving Motorcycles

There are several million registered motorcycles in the United States and New York is one of the less than half of the 50 states that mandates the use of helmets.  The sheer number of motorcycle riders on the roads will obviously indicate that some are involved in accidents.  Even though helmets are required and worn by the majority of riders, serious injury and even death may result when motorcycles are involved in roadway accidents.

Hudson motorcycle accident attorneys are dedicated to representing the rights of injured motorcyclists and their families.  We know that most motorcyclists ride cautiously and responsibly, obeying the traffic laws of New York.  However, that is not the perception that many motorcyclists have earned due to popular media and other delinquent motorcyclists.

All motorists must operate their vehicles as would any other responsible and prudent driver under similar circumstances.  This includes seeing what there is to be seen, and even hearing what there is to be heard.  It does not matter whether you are in a truck, car, pickup, or a motorcycle, the duty of care will remain the same to act reasonable and prudent under the circumstances.  The standard based on what you are driving, however, will change what is considered reasonable or not (i.e., what is reasonable for a driver of a car will change from the driver of a truck when, for instance, the issue is not being able to stop due to wet roadway conditions).

Now that spring is here, motorists should expect to encounter more motorcycles on the road.  Driving responsibly includes the conscientiousness of being aware of these types of vehicles, using one’s senses to be on the lookout for motorcycles and to prevent motorcycle accidents. 

While drivers are not tasked with anticipating all possible roadway encounters, they too cannot simply avoid liability by saying, “I didn’t see the biker”.  This is because the offending driver‘s behavior is not looked at within a vacuum.  Rather, all of the facts surrounding the accident will be investigated and placed before a jury.  The motorcyclist’s attorney will then show that other responsible and prudent drivers under the same circumstances would have avoided the accident.

Thousands of motorcyclists die each year, and tens of thousands are injured by avoidable accidents in which there was no fault on the part of the motorcyclists.  Just because a biker drives a two-wheeled vehicle, a greater risk is not assumed.  In short, motorcyclists have rights and if injured by the negligence of another, contacting an attorney is prudent. 

Common injuries caused by motorcycle accidents are spinal injuries, soft tissue injury in the back, cuts, bruising, burns, road rash, fractures, concussions, traumatic brain injury, and injuries to other internal organs.  If another motorist has breached his or her duty of care, and such a breach was the proximate cause of your injuries, you may be entitled to compensation for your damages in a court of law. 

Knowing that motorcycle accidents do happen, be sure to do whatever you can to protect yourself from injuries.  Always wear a helmet.  Use protective and reflective clothing.  Keep your headlights on at all times.  Of course, always obey the law and never operate your motorcycle under the influence of alcohol and/or drugs.  Additionally, be mindful of weather and road conditions, avoiding the use of your motorcycle when weather conditions make such too risky. 

The attorneys at Greenberg and Greenberg handle motorcycle 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.

What are My Rights if I was Injured in a Motorcycle Accident?

Every motorcyclist knows the vulnerable position in which they sit while riding on roadways.  Vehicles with four or more wheels are naturally more stable, carry more weight, and are larger than motorcycles.  Automobiles, as compared to motorcycles, can also handle adverse road conditions better.  Perhaps the largest issue with motorcycles is that they are harder to see due to their narrow profile. 

While motorcycles by definition under New York law are not motor vehicles, motorcyclists must still follow the same traffic rules as automobiles.  The difference in legal definition is most significant under New York’s No-Fault Law. 

Experienced Hudson motorcycle attorneys know how this difference affects a motorcyclist’s ability to recover reimbursement for injuries sustained during a collision. 

Because motorcycles are not motor vehicles, New York’s No-Fault statute does not cover motorcyclist accidents.  This means that a motorcyclist is not statutorily permitted to receive medical benefits and lost wage benefits.  On the other hand however, motorcyclists can make a claim against other motorists for minor injuries because the No-Fault serious injury threshold will not apply to motorcyclists. 

Just a single day spent in the hospital can cost accident victims several thousands of dollars.  It is not uncommon to hear how motorcyclists spent several months recovering in a hospital after being struck by a motor vehicle.  With this in mind, consider the minimum insurance requirements for motorcyclists in New York.  It is $25,000 for each injured person and $50,000 for the death of a person.  These figures double for two or more persons. 

After considering these facts, you understand that insurance will most likely not fully compensate you for all of your medical costs.  Moreover, the amount of wages you have lost may not be fully reimbursed as well.  Your long term medical care costs might not be reimbursed.  Even uninsured motorist coverage or supplemental uninsured motorist coverage might not be sufficient to pay for severe injuries. 

Most motorcyclists are cautious drivers.  Your attorney will convey that to a jury when trying your case, always aware that you were not some speed demon on a bike, but rather you are the victim of a serious motorcycle accident.  An accident, like most motorcycle accidents, that could have been avoided if the other vehicle took the time to look for motorcycles and to “share the road”. 

If you or a loved one has been injured or killed in a motorcycle accident, you have rights.  An experienced Hudson attorney can help your recover medical costs and lost wages, among other things.  You have a limited time to commence an action, so call right away. 

The attorneys at Greenberg and Greenberg handle motorcycle accidents 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.

New York Car Accidents Caused by Defective Roadway Design or Construction: What is “Governmental Immunity” and Why is it Important?

Sometimes who is liable in a New York motor vehicle accident is clear.  For example, it will be clear that another driver is negligent if you were rear-ended, or if the other driver crossed over a double line side-swiping your vehicle, and even if the other driver was operating a truck with defective equipment such as poorly maintained brakes. 

But what is the case when an accident was caused by a defectively designed road, such as when road signs did not comply with New York’s guidelines?  For instance, when signs were simply not properly placed or if those signs were absent all together.  Perhaps a guardrail was absent, and if it had been placed in the proper place, a collision with a road hazard or another vehicle would have been avoided. 

However, bringing a claim against the government—whether it is state or federal—is not always so easy.  Governments are afforded what is called “sovereign immunity.”  This concept arose out of the English legal system’s belief that the king could not be sued, historically applied to New York and other states.  That is, States were legally immune from liability arising from decisions made by government officials or employees that could be attributed to their negligence. 

This would mean that the negligent design or construction of a roadway would not give rise to governmental liability to injured motorists.  However, our laws have now restricted the concept of sovereign immunity.  In New York, persons injured by the fault of government negligence may recover damages for their injuries.  In fact, a legal duty has been placed on the government that requires them to design and construct highways in such a manner that motorists will be reasonably safe.  The government must take into account how motorists and pedestrians will foreseeably use highways. 

An experienced Hudson car accident attorney is needed so that a thorough investigation into negligent design or improper road signage caused an accident in order to determine if the State of New York is legally responsible for your injuries.  Such an evaluation depends on knowledge of the law and the use of expert testimony as to whether a defective roadway claim may be sustained. 

In New York, for you to succeed on a claim against the State or a municipality on the grounds of defective roadway design, it must be proved that the government’s traffic planning decision was based on a plainly inadequate study or that the State lacked a reasonable basis for its plan.  If incorrect traffic studies, flawed calculations, or wrong factors were used, and such is proved to be the cause or contribution to the accident and injuries, than the State or municipality will be liable. 

The attorneys at Greenberg and Greenberg handle car accident cases based on defective roadway design 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.