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Know Your Rights

If you are looking for some more information regarding your rights after suffering a personal injury, please give us a call at 785-4900. You can also read our articles discussing New York state law and personal injuries resulting from car accidents, slip and fall accidents and premises liability cases. Some of our most read articles include:

I Was Injured While On a CDTA Bus That Was in an Accident. Who Pays My Medical Bills?

CDTA BusCDTA, or Capital District Transit Authority, provides local and regional transportation options to those in the Capital Region of Upstate New York. CDTA buses are a popular way to get around for residents and visitors of cities in our area, including Albany, Schenectady, Troy and Saratoga.

While utilizing public transportation is a relatively safe option – and, for some people, the only option – for getting from point A to point B, accidents can and do happen.

For those who regularly ride CDTA buses in the Capital Region, it’s important to understand how medical bills will be covered should you be injured on a CDTA bus that was involved in an accident.

Also, if your injuries occurred as a result of the negligence of the driver of the CDTA bus, you will be entitled to recover money damages for pain and suffering, physical injury, disability, and permanent damages. (more…)

Rear-End Car Accidents: Albany Car Accident Attorney Discusses What They Are And How to Obtain the Best Representation

Rear End Car AccidentWhile there are many different types of Albany car accidents, by far the most common is a rear end collision. In fact, each year there are over 2.5 million rear-end collisions reported in the United States! In about twenty-percent of these car accidents victims report a “whiplash” type injury to their neck and head.

What is a Rear End Car Accident?

As the name implies, a rear end collision occurs when one car strikes another car from behind. Usually this is because the second driver was following closing too closely, traveling too fast, or driving while distracted. In fact, a large number of cases are caused by drivers texting, talking on their cell phone, or programming their GPS.

While establishing liability for a rear end car accident is often easier than most other cases, it can take a creative and experienced Albany car accident attorney to uncover all of the legal causes of the accident and to prove what damages were caused by the collision.


As a Construction Worker Hit By a Car While Doing Road Work, What Are My Rights?

Road ConstructionDuring the spring and summer months, road construction in the Capital Region is a common occurrence. From fixing potholes on local roads to repairing overpasses and bridges on major highways, DOT workers, town workers and construction workers in Albany, Schenectady, Troy and throughout the Capital District are hard at work alongside drivers on busy roads and highways.

Construction zones are carefully set up according to specific DOT regulations in order to protect both drivers and construction workers on the job. Still, construction zones are dangerous areas for workers, who are particularly exposed and vulnerable when working on the peripheral boundaries of a marked construction zone.

Construction workers moving cones, setting up boundaries, shoveling pavement, directing traffic, crossing the road and performing other duties on road construction sites are at risk for catastrophic personal injury as cars and trucks are driven through the work area. (more…)

What To Do If You Are Hit By a Car While Riding Your Bike: Follow These Steps to Protect Your Rights

Bicycle accidentCollisions between cyclists and cars are unfortunately common, especially during the spring and summer months here in Upstate New York. Even when drivers and bicyclists are careful while sharing the road, accidents can and do occur. And because cyclists are vulnerable, often protected only by a helmet, car-bicycle accidents can be devastating.

If you’re an avid cyclist – or even if you only ride your bike on the road once in awhile – knowing the steps to take following a collision with a car is very important. Following the proper protocol can make all the difference when it comes to protecting your rights as a bicyclist. (more…)

What Are My Rights If I Am Bitten by a Dog? Understanding Leash Laws in New York State

Mean dog ready to biteDogs are often beloved family pets and man’s best companion, but they can also be wild, unpredictable and dangerous.

Unfortunately, every year millions of people suffer from dog bites and other injuries caused by dog attacks. In many states, counties, cities, towns, municipalities and boroughs, leash laws have been established in order to prevent dogs from running at large and reduce the frequency of dog bites and attacks.

Leash Laws in New York State

Leash laws, sometimes referred to as “running at large statutes,” vary based on location and may be enforced on the state or local level. Contrary to what many believe, there is no state-wide leash law in place in New York. Instead, leash laws in New York State are determined on a local level, typically by municipality. (more…)

Driver Distracted by Passenger Crashed into My Car and I Was Injured. What Are My Rights?

Car crash caused by a distracted driverAll drivers in New York are held to a duty to exercise reasonable care in the operation of a motor vehicle. Should a driver breach this duty, you will be entitled to compensation if it can be proven that this breach was the cause of your injuries.

Passengers and the Duty of Reasonable Care in New York

The duty of reasonable care is extended to passengers of vehicles as well. Under New York law, a passenger may be held liable if he distracts the driver and an accident results, causing injury to others. Consider the following examples from cases decided in New York. (more…)

I Was Injured When The Limo in Which I Was Riding Was Involved in an Accident: What Are My Rights?

LimousineWhen we hire a limousine company, we place our trust in the limo driver and company for which he works to protect us from physical harm. In fact, safety may be the last thing on our mind when hiring a limo—generally we are about to celebrate, planning for a business meeting or planning a funeral or wedding. However, in selecting a company to transport us, we are putting ourselves in the hands of these professionals to keep us safe while our minds are preoccupied with business or pleasure.

Who is Liable For Limousine Accidents?

Unfortunately, sometimes limo drivers are not experienced, or may be experienced but exercise poor judgment in a situation, resulting in an accident and injury to one or more of the passengers. The accident may not involve negligence of the limo driver at all—the collision may result from the negligence or reckless conduct of another motorist; or a combination of carelessness on the part of the limo driver and the other motorist.

Like other motorists, a limo driver has a duty to use reasonable care under the circumstances to avoid causing injury as a result of negligence in the operation of the vehicle. Even the most experienced drivers may become fatigued or “take their eye off the ball” when working long hours or on difficult drives. Being behind schedule, poor weather conditions and other factors may result in the driver failing to exercise reasonable care for the safety of his passengers. As long as the limo driver is acting within the scope of his employment when a motor vehicle accident occurs, the limo driver’s negligence will be imputed to the limo company—meaning that the latter will bear financial responsibility for the driver’s negligence. (more…)

Is an Employer Liable for His Employee’s Negligence Causing a Car Accident and my Injuries?

Employee Driving Company Car NegligentlyAll motorists are required to use reasonable care while driving so as to prevent causing harm to others. If an employee is driving in the course of his employment, the question arises as to what legal liability, if any, his employer would have if an accident occurs and the employee negligently caused harm to another motorist.

Are Employers Responsible for Employee Negligence in a Car Accident?

The basic legal principle is that if an employee negligently injures a person while acting within the “course and scope” of employment, the worker’s employer will be held accountable for that conduct. The concept is known as the doctrine of “respondeat superior.” The concept reflects the social policy that when one is doing work for an employer, the employer profits from the benefit of the task. If he is to profit from the task, he should he be liable for any harm that is caused during the performance of the work.


My Car Was Rear-ended and I Was Injured. The Other Driver Claims His Brakes Failed: What Are My Rights?

Rear Ender Car AccidentIt is well-established that a driver owes other drivers, pedestrians or bicyclists on the roadway a duty of reasonable care under the circumstances in the operation of his vehicle. This duty is established by common law (law created through past court decisions) and by statutory law (by the legislature), and broadly speaking embodies principles of common sense and the use of one’s good judgment when driving.

When a motorist breaches this duty and causes injury to another, he faces being found to be negligent and may be liable for damages to fairly compensate the injured person.

Rear-Ender Car Accidents

One of the most common types of car accidents is the so-called “rear ender.” This involves the situation where one car strikes another car from behind, usually because the second driver was following too closely, traveling too fast, distracted or under the influence or alcohol or drugs. New York Vehicle and Traffic Law Section 1129 governs rear-end collisions, and provides that the driver “not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”  (more…)

Deep Water On the Road From a Broken Water Main Caused My Car to Hydroplane Into a Parked Car and I Was Injured. Do I Have a Personal Injury Case Against the City?

Flooded road caused by broken water mainMany times, when we hear about broken water mains on the news, we think of them as inconveniences that cause local traffic and water supply issues. Typically, we are not especially alarmed by water main breaks; most people don’t view them as particularly dangerous.

For drivers, however, a broken water main and the excess water covering roadways that sometimes results when this type of breakdown in infrastructure occurs could threaten our safety. Flooded roadways can result in accidents to unsuspecting motorists. A driver could lose control of his car when it hydroplanes or encounters several feet of water on a flooded street.

So what happens if you’re caught in this type of situation? What do you do if your vehicle hydroplanes or you lose control in deep water because of a water main break, causing you to swerve into a parked vehicle and sustain injury?

What are your legal rights in this situation? Can you make a claim against the municipality to recover for your injuries? (more…)