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.

Been in a Car Accident?: Early Warning Signs Indicating that you May have a Traumatic Brain Injury

A traumatic brain injury can occur during a car accident if the skull hits an object such as the windshield or the steering wheel.  Even if the injury is not apparent, there is no open wound on the head or a skull fracture, the victim may not have even lost consciousness, and there may still be a brain injury. 

Due to the head’s violent motion during the collision, the brain can hit the bone inside the skull because of the sudden deceleration of the head.  This happens when the movement of the head stops (usually when the head hits a hard surface) but the brain continues to move (colliding with the inside of the skull).  This can result in the brain being bruised (contusion) and bleeding (brain hemorrhage).  Our experienced Hudson personal injury attorneys have handled many traumatic brain injuries and are able to zealously advocate for victims suffering such injuries.

Crashworthiness

 Crashworthiness is a term used to describe whether an automobile is able to protect its occupants when there is foreseeable collision.  Under the “crashworthiness doctrine” the manufacturer needs to take into account that many accidents are reasonably foreseeable and that reasonable steps need to be taken to anticipate these accidents and provide a level of protection for the occupants.

When traumatic brain injuries occur during an automobile accident, an automotive defect could be the cause of the injury.  While the defect may not have been the cause of the accident, it may have enhanced injuries.  This could justify bringing an action against the manufacturer of the vehicle.

 Signs of Traumatic Brain Injuries

After a car accident, the driver and/or passenger should look for the warning signs that indicate that a traumatic brain injury occurred.  These signs include:

• Changes in Memory (memory loss of the surrounding events of the accident, having trouble performing normal short-term memory tasks, or repeating yourself);
• Changes in Mood (increased impatience, irritability, nervousness, sadness, and anxiety);
• Changes in Perception (this includes increased sensitivity to light or sound; fuzzy, blurry, or double vision; perceiving smells that do not exist);
• Changes to Sleep (sleeping either more or less than usual or having trouble falling asleep or staying asleep);
• Changes in Thinking (difficulty concentrating, feeling mentally sluggish, or distracted easily); and
• Physical Changes (experiencing feelings of dizziness, fatigue, nausea, headaches, or vomiting; weakness in legs or arms; and/or being unsteady while walking).

If you have experienced one or more of these changes after an accident where your head struck a hard surface, you may have suffered a traumatic brain injury, spinal cord injury, or other serious injury and you should see a physician or go to the emergency room for an examination and diagnostic testing immediately.  These are serious injuries and playing “hero” or trying to “walk it off” could result in significant and permanent health complications.

The attorneys at Greenberg and Greenberg handle traumatic brain injury 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.

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.

Automobile Accidents Caused by Texting: What is the Law and Who is Liable?

Motor vehicles, by their nature, are very dangerous.  Even when they are driven with the greatest care, motor vehicles can cause serious and life-threatening injuries, such as spinal cord injuries, traumatic brain injuries, or even death.  Especially when they are driven recklessly, motor vehicles can be extremely deadly.

With the increased use of technology, it is becoming much more common for motor vehicles to be driven recklessly due to distracted driving.  In 2012, according to the National Highway and traffic Safety Administration, 3,328 people were killed in crashes that involved a distracted driver.  It was also estimated that in the same year 421,000 people were injured in motor vehicle accidents that involved a driver who was distracted.  The use of text messaging has had an impact on the number of accidents involving distracted drivers.

According to the U.S. Department of Transportation, texting while driving increases the driver’s likelihood of being involved in a motor vehicle accident.  In fact, some studies estimate that drivers who text are 23 times more likely to be involved in a motor vehicle accident.

It is now illegal under New York law for a person who is operating a motor vehicle to use his or her cell phone while the motor vehicle is moving.  New York Vehicle and Traffic Law Section 1225-c(2)(a) states that “no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion.”  The few exceptions to this statute are:

• Making an emergency call;
• Driving on a private roadway;
• The use of a “hands free” device; or
• Pulling onto the side of the road to use the phone.

In addition, under New York Vehicle and Traffic Law Section 1225-d(1) “no person shall operate a motor vehicle while using any portable electronic device while such vehicle is in motion.”  This includes using cell phones to send text messages and looking at or sending e-mails.

Violating either of these Sections can result in criminal and/or civil liability for a Hudson car accident.  Police officers can now stop and ticket drivers when they use their cell phones.  Civilly, doctrine of negligence per se has been applied to violations of these statutes to compensate persons injured as a result of reckless and distracted driving.

If you or a loved one has been injured in a car accident caused by the other drivers reckless or distracted driving because of they were texting, contact an experienced Hudson car accident attorney to evaluate our case and discuss any right you may have with regards to 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.

The Permissive Use Doctrine: When a Car Owner Allows Another Person to Use their Car

Motor vehicles are used every day to get people to work, children to school, and to run important errands.  Motorists place a lot of trust in others while on the road.  We trust them to drive safely and prevent harm to us and our loved ones.  Unfortunately, some drivers continue to drive in a reckless, careless, and negligent manner, potentially leading to accidents.

When an injury results because of a car accident, lives can be changed forever.  Emotions such as anger, confusion, and sadness are common.  People can also suffer financially because of an inability to return to work.  The quality of their daily life can also be permanently diminished.  

Many times after an accident the question a victim has is “what next?”  Last week we wrote about what to do when you are involved in a Hudson motor vehicle accident.  Today we are discussing who may be liable for your injuries.  This is important because sometimes the driver of the car causing your injuries is not the owner.  Thus, there are multiple parties which may be liable for your injury.  This is also important if the driver is unable to compensate you for your injuries.

In this scenario where the driver is not the owner, an experienced Hudson car accident attorney can seek compensation for injuries through the “permissive use doctrine” under New York Vehicle and Traffic Law Section 388.  Under this law, owners of a vehicle that is used or operated in New York “shall be liable and responsible for death or injuries to person or property resulting from negligence in the sue or 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.”

Under this doctrine, an owner of a vehicle is liable for injuries that are caused by another person’s negligence that was given permission to use the vehicle.  The permission can be either express or implied.  This law allows an attorney to bring a lawsuit against the driver of the vehicle and the owner.  This ensures that all available sources of compensation are available to the victim to fully compensate the injured party for their injuries and damages.

However, there is an exception to the presumption of permissive use.  If there is evidence that the driver of the vehicle at the time of the accident was using the vehicle without the permission of the owner, the presumption is rebutted.  If the car was stolen from the owner, the permissive use doctrine does not apply as permission was not given, express or implied.  Therefore, injuries that result from the negligence of the thief are usually not imputed on the owner unless a rare exception applies.

Establishing express or implied permission will often require an experienced Hudson car accident attorney to properly investigate and carefully analyze the factual evidence.  This will determine all the necessary parties to the claim and give the victim the ability to be fully compensated for their injuries and damages.  This is particularly important because motor vehicle accidents can cause serious and life-threatening injuries, such as spinal cord injuries, traumatic brain injuries, or 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.