Are Car Owners Liable for the Accidents and Injuries Caused by Persons Who Borrow Their Car?

When you or a loved one has been injured by a motorist in a car accident, you may want to hold someone liable for your injuries.  In New York, whether in Hudson, Green, Rensselaer, Columbia, or Albany County, or elsewhere in the Hudson Valley, it will be important for you to know not only who was driving the vehicle, but equally important is who owns the vehicle. 

It is important for you to know that many people like you are injured when other motorists fail to obey traffic laws.  This makes it much harder for you to safely negotiate your daily chores such as driving to work, going to the market, and picking up the kids from day care. 

It is common for vehicle owners to loan their car to others.  Their child, friend, significant other, employee, or anyone else, may have been given the authority to use the car. 

Hudson car accident attorneys know that the driver and/or the owner may be liable for your injuries.  The permissive use doctrine, as written into law via New York Vehicle and Traffic Law Section 388, states, “every 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 or operation of such vehicle . . . by any person using or operating the same with the permission, express or implied, of such owner.”

In short, car owners are liable to injured parties for injuries caused by the persons to whom the owner loaned his or her car.  It isn’t necessary that the owner expressly give the person permission.  Consent to use the vehicle may be implied, such as when someone routinely uses another person’s car.  To put it another way, the driver is presumed to have received permission to use the vehicle, and the owner is charged with the obligation to prove otherwise.  This rule encourages owners to be cautious in determining who will be allowed to borrow their car. 

Defining what express and implied permission means is left to the court and/or the jury.  Obviously, express permission is exactly what it sounds to be; the owner said that the other person could use the car.  Implied permission is a bit harder to determine.  While permission is presumed in New York, the owner will attempt to show that he or she never gave the operator permission to use the car.  So, implied permission can become contentious.  For example, is leaving your keys out for anyone to access a form of implied permission?  If the owner does nothing to prevent others from using the car, is this a form of implied permission?  Your experienced Hudson attorney will know the difference.

Negotiating the nuances of the permissive use doctrine is something that you should not feel compelled to do on your own.  You need to know and trust a Hudson car accident attorney who can settle these complications for you. 

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.

Is a Driver Automatically Liable for Injuries Caused in a Car Accident if the Driver Pled Guilty to a Traffic Violation for the Accident?

All New York motor vehicle operators are required to use reasonable care while operating a vehicle so as to not cause harm to others.  Failing to follow this duty is an act of negligence.  As you are well aware, car accidents can carry a significant toll on the physical and mental well being of those injured, including the friends and families of those injured.  Anytime someone is injured in a Hudson car accident, it is important to call and discuss the circumstances surrounding your accident with an experienced New York car accident attorney.

Quite frequently, accidents could have been avoided if the operator had not violated the New York State Vehicle and Traffic Law.  Drivers frequently speed, allow themselves to be distracted, fail to yield, stop at intersections, or fail to obey traffic signals. 

Police agencies issue traffic tickets for these types of offenses every day in New York.  Of course, it is not always at the scene of an accident.  But whether issued at the scene of an accident or not, the court process for traffic violations is always the same.  The person subject to the ticket must report to court either by mail or in person and plead guilty as charged, negotiate a lesser charge, of elect to go to trial. 

Even if the driver pleads guilty, such might not automatically liable for any harm caused to others as a result of the traffic violation.  This is because in a subsequent civil suit, the driver is allowed to explain the circumstances of the event to a jury, allowing the jury to determine liability.  Further, in a civil suit, the plaintiff carries the burden to prove that the driver was negligent.  More than committing a traffic violation is needed to prove liability; for example, the plaintiff must show that the violation was the actual cause of his or her injuries.  This doesn’t mean that a guilty plea will not work in a plaintiff’s favor in a later civil suit.

A guilty plea to a traffic violation may be considerable evidence of negligence.  For example, where a person pled guilty to DWI and was later sued civilly for such, the guilty plea was enough proof to establish negligence. 

Some accidents can result in serious personal injuries, such as spinal injuries or traumatic brain injuries, and even death.  An experienced Hudson car accident attorney may be able to help if you or a loved one has been injured as a result of a motorist’s failure to obey traffic laws and help you and your family focus on your recovery.

Here at Greenberg and Greenberg, we are compassionate Hudson car accidents attorneys that will take the emotional and physical burdens of your car accident off your shoulders and onto ours.  Our attorneys at Greenberg and Greenberg handle 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.

The Hidden Signs of Traumatic Brain Injuries After Car Accidents: What You Need to Know

It is not always easy to tell if someone has, or is, suffering from a traumatic brain injury.  For example, you may have a brain injury even if you have no obvious cuts, bruises, or fractures to you head or face.  It could be the case that you never lost consciousness when you were injured.  Nevertheless, you may still have a traumatic brain injury. 

Quite often in car accidents, the driver or passenger collides with a hard surface.  But also, even if there is no such impact, one’s head may still be violently shaken, causing the brain to collide with the inside of the skull.  Even this type of collision may cause brain bleeding that cannot be seen on the surface of the body. 

If you or a loved one has been in a Hudson car accident, you should be mindful and pay attention to how your body feels.  Traumatic brain injuries may manifest in the following ways:

• Dizziness;
• Headaches;
• Fatigue;
• Nausea or vomiting;
• Muscle weakness;
• Loss of sleep or oversleeping;
• Increased irritability;
• Anxiety;
• Nervousness;
• Impatience;
• Loss of concentration;
• Inability to focus;
• Being easily distracted;
• Sensitivity to light or sound;
• Blurry or double vision; and
• Memory loss.

More could be added to this list and it is important that you or your loved one consult a physician if you have been in an automobile accident and especially if you suffer from any of the above listed symptoms.   Traumatic brain injuries are very serious conditions.  Any of these things may be more than temporary; rather, they could indicate permanent disability. 

While health insurance and auto insurance may have compensated you in part, your pain and suffering could still be compensated for if, for example, the accident was caused in whole or in part by a vehicle manufacturer.  Was the car properly manufactured; was the car in adequately designed; was there an inadequate warning of possible danger or injury?  All of these things need to be considered and this is why you should consult an attorney after being in a serious car accident.

An experienced Hudson car accident attorney is familiar with the “crashworthiness doctrine”.  This doctrine forces car manufacturers to foresee possible collisions and to be aware that a collision often involves multiple collisions, such as the force of the vehicle coming into contact with something else, and then there is the collision between and within the driver’s body and some other object.  In order for the vehicle to be “crashworthy”, the vehicle must be designed and manufactured in accordance with all laws and industry standards so as to provide the car’s occupants with all possible safety precautions. 

Flaws in the design of seatbelts, airbags, child seats, head rests, tires, doors, etc., are common causes of traumatic brain injury as opposed to the vehicle accident itself.  You or your loved ones deserve compensation if injured by any number of improper automobile design and you should contact an attorney for a full consultation in regard to your options.

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.

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.

Driving in Dangerous Conditions: Does Snow Impact Whether I’ll be Liable?

Winter weather has descended on us in the Mid-Hudson Valley and can create dangerous driving conditions.  While drivers are not responsible for the weather conditions, they are responsible for how they are operating their vehicle while driving in these dangerous conditions.  People who have been injured in Hudson car accidents that occurred during inclement weather should contact a personal injury attorney to determine whether they can recover for their injuries and damages.

Even if you are diving with great care during inclement weather, you still cannot control how other drivers are driving.  Accidents can result in medical expenses, lost income, lost wages, lost time from work, and can cause serious and life-threatening injuries, such as spinal cord injuries, traumatic brain injuries, or even death. 

When seeking compensation for your injuries in cases that involve snow, ice, and other weather conditions, your experienced Hudson car accident attorney will use Vehicle and Traffic Law Section 1180.  Under this provision, “[n]o person shall drive a vehicle at a speed greater than is reasonable and prudent under conditions and having regard for to the actual and potential hazards then existing.”  The section also states that except when there are special hazards that exist that require a lower speed or when there is a maximum speed limit established, “no person shall drive a vehicle at a speed in excess of 55 mph.”  Additionally, it is expected that drivers will “drive at an appropriate reduced speed . . . when any special hazard exists with respect to pedestrians, or other traffic by reason of weather, or highway conditions.”

It is expected that while driving, drivers will maintain control their vehicle, even in severe winter weather.  While driving they need to be aware of the conditions on the road and adjust their driving speed to suit those conditions.  Inclement weather can cause conditions that result in accidents.  These conditions include diminished visibility and reduced traction because of heavy snow, sleet, and strong winds.  In addition to being aware of the weather conditions, drivers need to aware of how other drivers are driving.  Bad weather is not an excuse for causing a car accident.

During winter storms, people should avoid driving in stay indoors.  However if it is necessary that you go out be sure to use extreme caution while driving.  Drive slowly, avoid aggressive braking or steering, and double your following distance.

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.