Articles Posted in Car Accidents

Car accidents come in all shapes and sizes. They may be simple fender-benders or involve dozens of cars in a large pileup. The negligent party might be the driver that hit you or it might be the driver of the vehicle that you were in.

The second scenario can often be tricky and cause a lot of car accident victims to feel anxious. If you were hurt in a car accident due to the negligence of the person who was driving the car you were in, you may feel hesitant about filing a claim against them. After all, if the two of you were in the same vehicle, it is very likely that you know each other in some capacity. Perhaps you are coworkers who carpool to your jobsite every weekday or you guys are close friends who rode together to a weekend party.

It can be hard to consider filing a lawsuit against someone you know, but you may also feel as though you have no choice when you see the medical bills piling up. This is a sensitive issue and one that you may want to discuss with your personal injury attorney.

In this post we continue our discussion about the importance of child safety seats. The state of New York has specific laws that must be followed by anyone who is transporting a child in his or her vehicle. If an individual fails to follow these laws, they may be held liable if the child is injured in an accident.

In our last post we discussed the different types of seats that are available. When choosing a brand and type of seat, it’s also important to make sure that brand will actually work in your vehicle. Every car has backseats that are a bit different and may have different angles, so it’s important to make sure the car seat actually fits properly.

On top of that, it’s important to make sure the car seat is installed properly. The first step to take is to read the instruction manual that comes with the car seat and to read the car owner’s manual. These manuals will help you identify the proper way to install the car seat. Some car seats may use a tether anchor that is located in the car, while other car seats may have to use the vehicle’s seat belt in order to properly secure it into the car.

This week we are discussing the use of child safety seats in New York. In our last post we discussed the specific laws that our state has when it comes to using restraint systems and booster seats. While these systems do a great job at protecting our children, many parents do not really understand the different types of systems that are available.

There are basically four different types of restraints for children. The first kind is usually used for infants and newborns. These are known as rear-facing car seats. These seats face to the rear of the car and the seat cradles the child’s spine and neck during a crash. It also has a harness that keeps the child secure. Within this type of car seat there are different choices. You can get a seat that is only rear-facing. Your child will eventually outgrow this type of seat. These are often the types of seats that can be clicked out of a base and carried. You can also get a convertible seat that can change to forward-facing, or an all-in-one seat that can become forward-facing and later be used as a booster seat.

The next type of seat is called a forward-facing car seat. This has a harness and tether that keeps your child from moving forward during a crash. These car seats come in the all-in-one or convertible, as we discussed above, and also in a combination seat which can later turn the forward-facing seat into a booster.

New York, like every state across our country, has specific car seat laws. These laws are put in place in order to protect children who are traveling in vehicles. Children have fragile necks and spinal cords and need extra support and protection in the case of an accident. Just a seatbelt alone is not adequate enough to keep a child safe.

In New York, the laws are very specific:

-Children who are under 4 years old and weigh less than 40lbs must be buckled into a restraint system.

Here’s an interesting topic to consider: self-driving cars. It may seem like a concept out of a futuristic movie, but as many of us know, it’s something that is quickly becoming a reality. It may not be commonplace to see a self-driving car right now, but they are out there.

These types of cars definitely change the liability playing field a bit. Once these types of cars become more common, who would be liable for an accident? Would it be more difficult to find fault or perhaps a lot easier since the cars’ movements are determined by sensors and a computer? If a self-driving car causes an accident, can we sue the driver or the maker of the car?

Google is at the forefront of these types of cars. They have quite a few cars out on the streets being tested. Currently there are two dozen Lexus SUVs out on the roads that have cameras and sensors on them. Although these cars have been involved in a handful of accidents, most of them involved the Google car being rear-ended. And it doesn’t appear that any serious injuries were involved.

Car accidents happen all the time across our state. Many of them are typical fender benders that are frustrating and inconvenient. Unfortunately, a lot of other accidents happen due to the reckless and negligent behavior of drivers on the road. These accidents could and should be avoided, but instead often leave innocent bystanders injured.

Recently a 33-year-old woman was sent to the hospital after her car was hit by another vehicle in New Hartford. This was definitely not your typical fender bender as the driver had reportedly used some type of drug and lost consciousness while driving. To make matters worse, the 34-year-old man was unlicensed and was using the car without permission.

He apparently lost consciousness after overdosing and rear-ended the woman’s vehicle. That sent the woman’s vehicle into the back of a car being driven by a 61-year-old man. While a news article did not detail that man’s injuries, it is very possible for him to experience whiplash symptoms days or weeks after the accident.

In our last post we discussed what to do immediately after you have been involved in a car accident. These steps can be extremely crucial if you plan to seek compensation for any injuries that occurred due to an accident. This is especially true if the accident does not appear to be severe and police do not do a thorough investigation of what actually occurred.

If you have been injured in a car accident, you may have rights under the no-fault law. If you have medical bills or lost wages stemming from your accident, you can collect up to $50,000 from your insurance company to cover these expenses. No matter who was actually at fault in the accident, your insurance company will cover the first $50,000 of your expenses.

In most cases, you have 30 days to file a claim with your insurance company to receive these benefits. If your medical bills have surmounted $50,000, you may seek addition recompense from the other driver’s insurance company. If your insurance company or the insurance company of the other driver refuses to reimburse you for lost wages and medical bills, you may consider filing a lawsuit.

When it comes to car accidents, New York is a no-fault state. Although this may sound like no one can be found liable for injuries that happen during an accident, that is not the case. While the no-fault law may bring some complications, it is something that can be conquered if an injured party takes the appropriate steps.

Documentation is key. If you get into a car accident, make sure you document what happened. This means taking photos of the accident scene, collecting contact information from any witnesses, documenting any injuries and their severities, and writing down your version of how the accident happened. Of course, if someone is seriously injured in an accident, the first thing to do is to seek out medical help. That is always the number one priority after any accident.

Unfortunately, not all injuries are apparent right away. For many individuals, the injuries caused by the accident may start to appear a few days later. The severity of these injuries may be bad enough to warrant ongoing medical treatment.

As the state of New York gears up for a snowy storm, it’s important to remember safety rules as we navigate our roads. While individuals may feel justified in leaving their homes to run errands or make their way to work, it’s also important to consider the current road conditions. No matter how good of a driver an individual might be, that driving ability may be no match for the road conditions that a storm can bring.

Sometimes negligence can be very difficult to prove when bad weather and difficult driving conditions are involved. But what happens when a person knowingly hits the road during bad weather and drives recklessly for those conditions? For example, the posted speed limit on a city road may be 40 miles per hour. But when road conditions are poor and visibility is low, the appropriate speed at which to drive may drop significantly. If a driver is overconfident and decides to drive at the posted speed limit, he or she could be acting negligently.

It’s one thing if that individual happens to drive themselves off the road after hitting a patch of ice. It’s a whole other situation if their negligent actions hurt an innocent bystander. You may be navigating the roads at a very reasonable and safe speed when you are suddenly pushed off the road by a reckless driver. In these situations, getting the authorities involved is essential to understanding exactly what happened during the incident and who may be to blame for the accident that occurred.

In many cities, rush hour can start long before the sun comes out. Working individuals often hit the snooze several times before rolling out of bed, getting dressed and hitting the road. It’s understandable then that a lot of early morning drivers may be sleepy as they navigate the roads on their way to work.

Beyond that, there are individuals who are perpetually tired. This may happen if they drive eighteen wheelers across the country or if they work a night shift. It could also be caused by a circumstance at home, such as the arrival of a new baby that keeps mom and dad up for hours during the night.

Statistics show that some 72,000 crashes occurred due to drowsy driving in 2013. Those accidents caused 44,000 injuries and 800 fatalities. The hard part about these statistics is that it shows only a portion of the actual incidents. According to the National Highway Traffic Safety Administration, accidents in which drowsy driving is a factor are often underreported.