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.

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.

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.