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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:

Car Accidents While Making a Left Turn: Experienced Albany Car Accident Lawyer Explains Liability & NY Traffic Laws

car after accidentThere are many dangerous maneuvers that an individual may make while driving his car. One of the most dangerous ones is making a left hand turn.

Most of us make a left turn every day and think nothing of it. It can be into a driveway, access road, parking lot, or, where most left turns occur, at intersections. Left turns at intersections add another element of danger, despite being one of the most common place for an individual to make a left turn. As experienced car accident lawyers, we have handled a significant amount of left turn accidents here in the Capital Region (from Albany to Saratoga Springs), and most of them have occurred at intersections.

What Makes Left Turns Dangerous?

Intersections by their nature present the driver with multiple lanes of travel and the presence of numerous other motorists, each also making decisions about which direction they will go, changing their speed or changing their lane of travel. Many times another motorist will go around a vehicle waiting to make a left turn and will be invisible to drivers on the other side of the intersection attempting to also make a left turn. (more…)

How to Bring a Personal Injury Claim: A Step By Step Guide

Handshake after bringing a successful personal injury claimFrom car accidents and slip and fall accidents to construction site accidents and accidents caused by defective products, there are many situations in which an individual can become seriously injured. While some accidents aren’t the result of someone else’s negligence, many injuries occur as a result of another person’s failure to be careful.

Hopefully, you will never be injured and find yourself in the situation of having to consider whether to bring a personal injury claim, but if you are hurt as a result of someone else’s negligence, there may come a time when doing so is the only way to obtain the compensation for pain and suffering, lost wages and medical bills that you are entitled to. If that time comes, it is important to understand the steps to bringing a personal injury claim. (more…)

How Witnesses Can Help To Establish Your Premises Liability Injury Case

Woman who has slipped and fallen on ice in a parking lotImagine this: You are leaving a restaurant after meeting some friends for dinner on a winter night. As you walk out into the parking lot in the dark, you slip on black ice and fall, landing on your elbow and fracturing it. You struggle to get yourself up, a little bit embarrassed about falling and uncomfortable from the pain in your arm. You are hopeful that no one saw you fall, and are wondering whether to call out to get someone’s attention for help.

After getting medical treatment for your injuries following the accident, you realize that you have and will continue to suffer pain, are incurring medical bills, and will lose time from work, resulting in lost income. And, you also realize that your fall in the parking lot may have been caused by the negligence of the owner of the restaurant.

But since then, the ice has melted or been sanded or salted. You didn’t think to take a picture of the scene of the accident at the time, and, since you were feeling embarrassed about your fall, you didn’t speak to anyone who may have witnessed the accident. Nor did you file an accident report with the restaurant.

Without a picture or eyewitness, you realize that it’s going to be a lot more difficult to prove that the ice existed, that it was black ice that was difficult to see, and that you were injured as a result of falling because it was there. It’s your word against “theirs.” Can you bring a lawsuit given all of these problems? (more…)

What Kind of Expert Witnesses Will My Attorney Consider to Handle My Car Accident Case?

expert witnessWhile some car accidents involve relatively straightforward issues of who is legally responsible and what injuries were caused by the collision, this is not always the case. For example, low speed collisions can sometimes cause serious personal injuries, and insurance companies sometimes fight battles dominated by experts in an effort to show that such accidents could not have caused such serious injury.

Retaining an experienced New York car accident attorney after you are involved in a car accident is important to ensuring your right to just compensation is properly pursued. Experienced attorneys who handle car accidents understand when experts in specialties such as biomechanical engineering, accident reconstruction and crashworthiness may have to be retained to put the case together and defeat the arguments by the insurance company’s lawyers.

Expert Witnesses and Car Accident Cases

When it comes to car accidents, expert witnesses analyze complicated issues, draw conclusions and explain their opinions at trial for the jurors and judge. They can make determinations about such issues as the speeds of the vehicles at the time of collision, the forces involved on human beings in a low speed impact, or how an injuries cause disability and affect a person’s earnings over his or her life.

There are many different types of experts that are considered by an experienced attorney to help maximize your recovery. The most common types of experts utilized in a car accident case are: (more…)

How Soon After an Accident Should I Call a Personal Injury Lawyer?

There are many things to take care of following an accident that results in personal injury caused by someone else’s negligence. First and foremost, the focus must be on getting the proper medical treatment the injured individuals need. Once that is in place, the concern should be to consider contacting an experienced personal injury attorney to discuss numerous issues, including how medical bills will be paid, how lost wages will be recouped, and how compensation for pain and suffering and long term disability and hardship will be addressed. (more…)

My Car Was Hit And I Was Injured By A Driver Whose Vision Was Obstructed: Do I Have a Case?

Damaged car after a car accident caused by limited visibilityThe ability to see other cars and pedestrians is an important element of safety on the roads and the prevention of accidents and injury. Under New York law, drivers owe a duty of care to other drivers and pedestrians to be able to “see what there is to be seen.”

However, all too often a driver does something that results in his field of vision being partially or completely obstructed. This can result from overloading the car with too many boxes, or failing to clean the windshield or windows or side view mirrors following a snowstorm (which are common in our Albany winters). If a driver’s view is obstructed, it could result in a car accident, and serious injury or even death.

An obstructed view is particularly dangerous on roads with higher speed limits, where traffic merges, or on curves where the ability to see is even that much more critical. If you are injured as the result of a driver failing to ensure good visibility, you should consult with an experienced Albany car accident lawyer. It’s important to have a lawyer who knows how to thoroughly investigate your claim, knows who to retain to undertake accident reconstruction, and knows how to aggressively fight for your rights and a full recovery on your behalf. (more…)

What is “Personal Injury Protection” Insurance Coverage in New York?

Car accidents that result in personal injuries can be life changing. Physically and emotionally, treatment, recovery and the impact on one’s life from the effects of a serious injury caused by the negligence of another can be challenging. Having to also deal with bills for medical treatment, lost wages and other expenses can be overwhelming.

If you’ve been involved in a car accident, one of the first questions you may ask is how medical bills will be paid, and how lost wages will be recovered. Will the medical providers have to wait for a lawsuit to brought and resolved? How will I pay bills while I’m out of work and don’t have income? Fortunately, drivers, passengers and pedestrians struck by a car registered in New York have some protection under the policy of insurance on the car. The coverage under the policy is known as Personal Injury Protection (PIP), commonly known as No Fault coverage. (more…)

What Should I Do If I’m Involved in an Accident with a Driver Who Does Not Have Enough Insurance?

Car insurance policy and car key with keychainIn order to register a vehicle in New York State, a driver is required to have automobile insurance coverage. Drivers are required to carry a minimum amount of $25,000 in liability insurance for bodily injury to one person, $50,000 for bodily injury to all people injured in the accident and $10,000 for property damage caused by the accident. They are also required to carry $50,000 in No Fault coverage for medical bills and lost wages in order to protect themselves and their passengers, should an accident occur.

Unfortunately, if you are seriously injured in a car accident due to another driver’s negligence, you will not be able to be fully compensated for your pain and suffering and possibly future lost wages if the other driver has only $25,000 minimum liability coverage, or even $50,000 or $100,000 of coverage. That driver is considered to be “underinsured” for the accident. (more…)

Unlicensed Drivers and Car Accidents: An Albany Car Accident Attorney Discusses the Issues

Driving is a rite of passage, a privilege, and a means of independence. Unfortunately, many drivers, for one reason or another, willfully choose to operate a moving vehicle without a valid license after it suspended or revoked for reckless driving, or for driving while intoxicated. This unnecessarily puts the lives of other drivers sharing the road in danger. As experienced Albany car accident attorneys, we have seen too many Albany car accidents that involved drivers who should not have been on the road because they were not properly licensed. (more…)

Jeff Anderson to Speak at August 2016 New York State Bar Association Bridging The Gap Program in New York City

Jeffrey Kyle AndersonNext month attorney Jeff Anderson, a partner in the law firm Anderson, Moschetti & Taffany in Latham NY, will be speaking at the New York State Bar Association (NYSBA) Bridging the Gap seminar. On August 9th, the first day of this popular two-day seminar, Mr. Anderson will speak on “Alternatives to Litigation: What All Lawyers Should Know about ADR and Mediation.” (more…)

Anderson, Moschetti & Taffany