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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. 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 In a Car Accident and Was Seriously Injured. I Also Was Ticketed. Do I Hire One Attorney to Handle Both or Do I Need Two Attorneys?

If you were injured in a car accident and received a ticket as a result of the same incident, it is highly beneficial to have your personal injury attorney handle both the ticket and your personal injury case, for several important reasons. Being ticketed even though you were injured doesn’t necessarily mean you can’t be compensated for injuries received in the accident—sometimes a ticket is issued without proper investigation or where the other driver isn’t being truthful; and sometimes even if the injured person should bear some of the fault for causing an accident, he still may be able to recover compensation if the other driver was also partially at fault in causing the accident and injury. (more…)

Summer Travel Safety Tips

Summer is the perfect time to get away! With the kids on summer vacation and sunny, warm weather in the forecast here in the Northeast, many families will be traveling for some much deserved fun and relaxation in the coming weeks.

Summer travel brings fun and excitement, but it can also be dangerous. With the cost of airfare on the rise, more and more families are choosing to drive to their summer vacation destinations. As a result, there are more cars on the road and increased potential for automotive accidents.

If you’re planning to travel with your family this summer, keep the following summer travel safety tips in mind to stay safe and avoid personal injury. (more…)

I Slipped and Fell and Was Seriously Injured at a Public Pool: What Are My Rights?

Summer is upon us, and that means swimming pools are once again open for the season. While pools are great places to cool off, relax in the sun and enjoy some family-friendly fun, they can also be dangerous. Slippery surfaces make public pools and pool facilities prime territory for slip and fall accidents and injuries. (more…)

Attorney Jeff Anderson to Speak at Litigating Slip, Trip and Fall Cases in NY Seminar on June 19, 2015

Jeff Anderson of Anderson, Moschetti and Taffany in Latham NY has been invited to serve as a faculty member at an upcoming National Business Institute seminar for attorneys on litigating slip, trip and fall cases in New York State. The seminar, which is a basic-to-intermediate legal guide for handling these cases, is designed for attorneys but may also be beneficial for insurance professionals, architects, engineers, paralegals and construction professionals. (more…)

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

During 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…)

Experienced Lawyer Explains Liability Regarding Tired Driving Accidents

Statistics updated 2/25/15
One cause of catastrophic car accidents is driver fatigue. About one third of all adult drivers admitted to dozing off while driving in the National Sleep Foundation’s 2005 Sleep in America poll. In 2013, driver fatigue was a factor in 1,228 automobile crashes in New York. In the United States it is estimated that every year 100,000 crashes occur in which driver fatigue is a factor. Of these accidents about 1,550 deaths and 71,000 injuries occur.

Drivers easily underestimate the risks driver fatigue has on the ability to safely drive an automobile. It slows reaction time, decreases situational awareness and impairs judgment. Accidents caused by driver fatigue are preventable if a driver follows a few simple rules, the simplest of which is to be well rested before getting behind the wheel. (more…)

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

When 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.

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…)

Who is Liable Where I’m Injured as a Result of Reduced Visibility Due to Snow Banks?

Winter here in Albany continues to bring significant snowstorms resulting in high snowbanks. Whether created by city plows or residential snow shoveling or snow blowing, land owners are responsible for removing snow at the entrance to their property to make the area safe for pedestrians and motorists. The state, counties, towns and villages also share this responsibility for the roadways, public sidewalks and other public areas.

Particularly with city dwellers, the issue of where to put the snow removed from roads and sidewalks becomes problematic as winter wears on. Typically, the snow is pushed to the sides of the roads, forming snow banks. Sometimes the snow piles are temporary, as municipal trucks haul the snow to rivers or fields or other rural areas. Commercial plow services in malls generally pile snow in the center or on the sides of large parking lots. Unfortunately, these snowbanks become massive given the size of mall lots and mountains of dirty snow remain until Spring. (more…)

What Should I Do If I Fall and Am Injured on an Icy Sidewalk at a Store?

Commercial property owners are responsible for removing accumulations of snow and ice on their property, but they don’t always do so. This may cause a slip and fall accident resulting in serious personal injuries. If this happens, there are certain steps that the victim should take to make sure his rights are protected if a claim is brought to be compensated for personal injury.

First, and importantly, don’t be embarrassed to ask for help if a fall occurs. The first reaction may be to not seek help so that attention is not called to the fact that you fell, thinking that slipping and falling is solely due to your own carelessness. Appreciate that falls are very common and generally not the fault of the injured person. If you are injured, it’s important not to move, which could worsen the injury, and to seek emergency medical care. Ask people at the scene to help you. Request that 911 be called if you aren’t able to do it yourself. This will also help bring witnesses to the scene of your fall, who may be of assistance in documenting conditions at the scene as well as the pain you are experiencing. (more…)

What Are My Rights if I Slip and Fall and Am Injured While Texting?

Slip and fall accidents can be caused by a combination of many different factors. More often than not, they are not the result of one cause. In the winter months, dangerous accumulations of snow, ice or a combination of both could be the cause of a slip and fall accident. One of the factors may also be the conduct of the victim.

By way of illustration, assume the individual is simply walking on a sidewalk outside a mall. Snow fall ended several hours earlier, and while some maintenance work was undertaken to clear the sidewalks and parking lot, the maintenance crew missed failed to salt one particular area of sidewalks, resulting in the continued presence of ice on the surface. The individual who is walking from the parking lot, on the sidewalk, with the intent to use one of the mall entrances, decides to text his friend as he walks. While he occasionally glances down to see where he is walking, he fails to do so as he walks from the treated portion of the sidewalk to the untreated part, and as a result, slips and falls, sustaining injury. (more…)