Car Accidents Caused by Drivers Who Didn’t Use Headlights

In order to avoid liability due to negligence, motorists must operate their vehicles reasonably as would any other prudent driver operating a vehicle under the same or similar circumstances.  Should the driver breach this duty, and if such a breach is the proximate cause of another’s injury, then the negligent driver may be accountable to pay the victim damages. 

Section 375 of the New York State Vehicle and Traffic Law states that vehicles must have two headlights that properly function and two taillights that function properly; pursuant to this statute, these lights must be in operation from dusk until dawn. 

You should note that above is listed two ways in which negligence can arise in a car accident case; the standard of care that which developed over time under common law and the requirements of a statute.  Each will impact on the way an experienced car accident attorney will approach successful resolution of a plaintiff’s claim. 

The basic elements governing every negligence claim involve proving a duty, breach of that duty, causation, and damages.  But when a statute is broken, the offender may be “negligent per se”.  What does this mean?  It means that the plaintiff does not have to show what a reasonable driver would have done under the same or similar circumstances.  Rather, the plaintiff would have to prove instead that the statute was violated. 

Negligence per se, however, does not equate to automatic victory for the plaintiff.  This is because the plaintiff still must prove that the negligent act was the proximate cause of his or her injuries.  In order for a plaintiff to show causation, he or she must give evidence that the injury was the natural, direct and uninterrupted consequence of the defendant’s negligence.  Therefore, a defendant can concede that he or she violated a traffic statute, but then argue that something greater was the cause of the plaintiff’s injuries. 

An accident that grew out of a motorist’s failure to properly employ headlights or taillights may create a situation where negligence per se applies.  An experienced attorney will then prove that such was the proximate cause of the plaintiff’s injuries.  Once this is established, the attorney will then go about giving evidence to a jury that details the damages to which the defendant is liable for paying. 

Other types of motorist behaviors that may lead to negligence per se are:

• Failing to yield the right of way;
• Failing to obey traffic signals;
• Not stopping at stop signs;
• Speeding;
• Drunk driving;
• Driving under the influence of drugs;
• Texting while driving;
• Talking on a phone while driving; and
• Many other statutory violations.

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.

The New York No-Fault Law and Vehicle Collisions with Pedestrians and Bicyclists

Those of us who reside in New York know that the state has a no-fault statute relating to car accidents.  The law was enacted several decades ago with an aim towards reducing litigation and toward expediting the payment of one’s legitimate medical injuries arising out of vehicle collisions.  An experienced Hudson car accident attorney knows that the no-fault law applies to motorists, pedestrians, and bicyclists alike. 

Article 51 of the New York Insurance Law, cited as the Comprehensive Motor Vehicle Insurance Reparations Act is what is commonly referred to as the “No-fault law”.  Up to a certain monetary limit, one’s medical expenses, lost wages, and incidental costs are covered by the statute without needing an inquiry as to who was at fault in causing the accident. 

Any person injured within the context of a motor vehicle accident is covered by the no-fault statute.  Therefore, if a bicyclist or pedestrian was injured during the accident, their injuries may be covered.  Only three requirements are necessary in order to bring the injuries within the purview of the no-fault law; the pedestrian or bicyclist must have come into physical contact with the vehicle, the accident must have occurred in New York, and the vehicle must be registered in New York.

Subsequent to the accident, a pedestrian or bicyclist should expect to receive no-fault paperwork from the insurance carriers that cover the motorists in the accident.  Of course if the pedestrian has motor vehicle coverage too, contact should be made with that carrier because additional benefits may be available. 

As with any case and/or claim, time is typically of the essence.  Under the No-fault law, the application must be delivered to the carrier within thirty days from the date of the accident.  This applies to all parties involved, not just the motorists. 

The No-fault statute is complex and many attorneys find its language difficult.  This is why you need an attorney experienced in dealing with the No-fault law and with personal injury cases in general.  Experienced attorneys will guide you through the process, help you understand the law, deal with the possible pitfalls for you, and even help you receive compensation for pain and suffering.  Moreover, the attorney may be able to get you additional recovery not covered by the No-fault statue, if allowable by law. 

Remember that a No-fault claim is distinct from your other possible remedies.  Other remedies may include holding other people, separate from the driver, accountable if they in some way contributed to the accident.  Other responsible parties can be an employer, passengers, other pedestrians, and the vehicle owner if he or she was operating the car at the time.    But at the same time know that accidents involving motorcycles and/or mopeds, and perhaps other circumstances, do not fall under the same rules.  Such is another reason why contacting an experienced attorney is paramount. 

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.

Hudson Car Accidents Involving Ambulances: What are your Rights?

First responders such as police car, ambulances, fire trucks, and similar vehicles move quickly and impact how traffic flows throughout the city.  Our Hudson car accident attorneys have handled many cases involving car accidents between citizens’ vehicles and emergency vehicles.  These accidents may involve ambulances causing accidents such as rear ending other vehicles and striking pedestrians. 

Motorists are obliged to handle their vehicles in a reasonable and prudent manner so that foreseeable harm does not come to other parties on the road.  They must see what is to be seen and they must hear what there is to be heard.  Therefore, motorists must always be on the lookout for the lights and sirens of emergency vehicles to avoid causing a car accident. 

Of course emergency vehicles, with their lights and sirens engaged, responding to emergencies have the right of way on public roads.  In fact, Section 1104 of New York’s Vehicle and Traffic Law exempts first responders in designated vehicles from various traffic regulations.  For example, first responders engaged in emergencies may exceed the posted speed limit and they may disregard traffic lights and stop signs. 

This statute, however, does not give first responders a free pass to drive however they so desire.  They must not be reckless.  Ambulances must slow down while going through intersections.  They must also slow down depending traffic conditions and the circumstances present at the time of the emergency.   As stated in subsection (e) of Section 1104, first responders must still operate their vehicles with “due regard for the safety of all persons”. 

Subsection (f) of the same section grants localities the authority to prohibit ambulance travel on certain roads if emergency response on those roads is deemed too hazardous.  Generally, as with any action in negligence, a jury will weigh the facts of the case in order to determine liability. 

What is reasonable and/or necessary is a fact intensive inquiry.  The ways in which a first responder operated an emergency vehicle during an emergency can be reasonable in some situations, but unreasonable in other situations.  Additionally, in order to receive section 1104 exemptions, any disregard for traffic laws must only be done after emergency lights and sirens have been engaged.  Further, an actual emergency must be present and only a statutorily defined “emergency vehicle” may be used if claiming Section 1104 exemptions. 

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.

A Sleeping Driver Caused My Injury: What are my Options?

Falling asleep at the wheel has caused many accidents and has injured numerous people.  A Hudson car accident attorney may be able to help if you have been injured by a driver who fell asleep at the wheel.  Whatever your injuries may have been, be it physical harm, pain and suffering, and lost wages or future earning potential, it is possible to hold the sleeping driver accountable for these costs. 

You need to know that falling asleep at the wheel is a form of negligence.  This is because drivers have a duty to use reasonable care while driving so that they don’t cause harm to others.  When motorists breach this duty by falling asleep at the wheel, and other people are injured as a result, then liability will arise. 

In fact, negligence is presumed when motorists fall asleep at the wheel.  Of course, motorists may rebut this presumption at trial by offering an acceptable excuse for the accident, but one is hard pressed to find an appropriate explanation for falling asleep at the wheel.  This type of suit against a negligent driver is not a “slam dunk”, however.  This is because the region in which the suit is commenced can affect the outcome of the case.

There are several tiers of courts in New York.  The most basic way to explain it is that you have the trial level court, then appellate division courts, and then the highest court in New York, the Court of Appeals.  Some appellate division courts hold that victims of sleeping drivers may automatically recover compensation from the negligent driver.  Other appellate divisions disagree.  Thus, you need an experienced car accident attorney to work through the law to provide you with the proper result you are looking for.

For a victim to be successful in a case where the defendant has fallen asleep at the wheel and caused the victim’s injuries, the victim will have the burden to prove that the defendant driver continued to drive dispute having had warnings of the likelihood of falling asleep.  While this appears to be difficult, the law understands that a driver who is falling asleep will know he or she is in danger of falling asleep but continues to drive anyway. 

Thus, the law places another presumption that sleep does not ordinarily occur without some notice to the driver, such as heavy eyes, nodding off, and delayed reactions.  Hence, the driver will have notice of the possibility of falling asleep but still continues to drive despite this warning.  The Third Department has stated these symptoms of falling asleep relate to the duty of care and are questions of credibility and fact for a jury to access—not for a judge.

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.

Parking Lot Accidents Caused by Driving too Fast or Turning Without a Signal

Even when all precautions are taken, motorists may still become involved in motor vehicle accidents.  This is because any one driver may drive safely, but one cannot control how other drivers on the road may handle their own vehicles.  Regardless of who is driving, every motorist has a duty to operate his or her vehicle in a reasonable manner given the circumstances to prevent causing harm to others.  Any manner of reckless or careless operation may rise to the level of negligence for which a driver may be held liable to the persons harmed as a result.  Some accidents can result in serious personal injuries, such as spinal injuries or traumatic brain injuries, and even death.

In fact, many Hudson car accidents take place in parking lots and roadside spaces.  Pulling out of a parking space too fast, or without signaling, or without looking for other moving vehicles and pedestrians can be considered reckless, careless and even negligent.  While motorists in parking lots may not be driving fast, significant injury can be caused to pedestrians who are hit by slower moving vehicles.  Quite frankly, one may become bruised by simply bumping into a table at home.  So it isn’t hard to imagine the type of harm that can arise when a vehicle weighing thousands of pounds, even if only moving 15 miles per hour, strikes a pedestrian.   Keep in mind that soft tissue injury may cause significant long term damage as do bone fractures. 

If a vehicle in a parking lot has backed into you, and even if you believe the injury to be slight, you should still seek medical care because injuries no matter how small may have long term effects.  An experienced Hudson car accident attorney knows how to negotiate the court system and all relevant legal grounds available so that you can be compensated for your injuries. 

Consider how Section 1162 of the New York Vehicle and Traffic Law will lend aid to your case.  This statute dictates that parked or stopped cars must not move unless such can be done with reasonable safety.  Courts have applied this law to the letter; simply, if it is not reasonably safe to move the vehicle, then the car should not be moved at all. 

Once a driver has moved his or her vehicle when it was not reasonably safe, and a pedestrian has been injured as a result, the above mentioned law will help to establish negligence.   That is, negligence can be found when a law was broken when that law was written to prevent the harm that ended up occurring; this is called negligence per se. 

Additionally, New York Vehicle and Traffic Law Section 1163 states that a driver shall not turn any vehicle without giving an appropriate signal to express such intention to turn.  The law even states that it must be done not less than 100 hundred feet before the turn and that the driver shall not suddenly stop or decelerate for the turn without giving the turn signal.

If you are hurt by a motorist pulling out of a parking space, sections 1162 or 1163 may help because if the motorist violated these statutes when you were injured, the motorist could be negligent per se.  You only have a small window of time to seek compensation, so please call an experienced Hudson car accident attorney so that you get a much deserved recovery.

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.