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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:

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…)

Another Driver Didn’t Look and Backed His Car into Mine and I Was Injured. What are My Rights?

Woman driving a car in reverseCommon sense requires that we look where we are going when we drive a motor vehicle. New York law places a legal duty of care on motorists to “see what there is to be seen.” When an individual doesn’t take the time to look and backs his or her motor vehicle into another vehicle, pedestrian or bicyclist, he or she has breached this duty and is legally responsible for this New York car accident.

There are many locations where backing up without looking can result in serious injury to another individual. For example, in a grocery store parking lot there are pedestrians moving within the lanes behind parked cars, and sometimes between cars as they try to find their own or begin to position a cart to place groceries in their car. Failing to look before backing up, even at slow speed, can cause serious personal injury. (more…)

I Slipped, Fell and Was Injured at My Friend’s Apartment. Do I Have a Personal Injury Case?

Injury sustained at a friend's apartmentPicture this: You spend a casual weekend afternoon over at a friend’s apartment in Albany, catching up on what’s new and enjoying each other’s company. After a few hours together, you decide it’s time to go. You have errands to run and other items on your agenda for the day, so you need to get going.

After grabbing your jacket, assembling your things and saying goodbye to your friend, you head out the door. On your way out, you slip and fall and are seriously injured.

Now, a few months later, you’re still recovering from the accident. You’ve incurred significant medical expenses and missed time from work, which means you have more bills to pay but less income to cover them with.

Thinking back on the accident, you wonder if you might have a viable personal injury case and are entitled to some type of compensation. (more…)

My Child Was Injured While Boating. I Signed a Personal Injury Waiver. Am I Still Able to Bring a Personal Injury Claim on His Behalf?

Kids kayakingSpring will soon be here and with it will come the return to recreational activities that we enjoy in the Capital District, including water sports, such as boating, swimming, canoeing and kayaking in the beautiful waters of the Adirondacks and other lakes and streams in the region. When we join a club, or go on an organized boating adventure, we are often asked to sign a waiver before being allowed to participate in the activity. However, with adventure sometimes comes risk and on rare occasion, injury during the activity.

What is the legal impact to signing a waiver to your right to bring a legal claim in the event of injury during the activity? Do you give up all rights to do so once you sign the waiver?

Assume for the moment that your child is seriously injured during such an outing. What are your child’s rights, and your rights, to pursue a claim against the company or club that organized and managed the water activity when you believe that it was at fault in causing the accident that resulted in injury to your child? (more…)

I Fell on My Icy Apartment Sidewalk and Was Injured. What Are My Rights?

Icy sidewalk at an apartment complexProperty owners are responsible to maintain their premises to be in a “reasonably safe condition” so as to not cause harm to persons who come upon the property. This extends to the landlord of rented premises, whether it is a two story residential setting, or an apartment complex.

With respect to the existence of snow or ice on a private sidewalk, the landlord will not be liable if he did not have any duty to control the area, did not have the duty to maintain the area, or if he cannot be shown to have been negligent. But what about the situation where the landlord has contracted with an outside company to perform winter sidewalk and parking lot maintenance, can he escape liability then?

Sorting these issues out requires the expertise of an experienced Albany slip and fall lawyer to evaluate the facts of the accident and its circumstances, and analysis of the facts under New York law. (more…)

What are the Legal Consequences When a Driver Ignores a Yield Sign and an Accident Occurs?

Yield SignMany New York motor vehicle accidents occur when a driver completely ignores a yield sign, or slows down but fails to actually yield to allow the other driver the right-of-way. The basic principle is that a driver approaching the intersection must yield the right-of-way to a vehicle which has already entered the intersection. When a driver causes a motor vehicle accident at an intersection by failing to do so, he faces legal liability for the accident. (more…)

My Child Was Injured In a School Bus Accident. What Do I Do?

School BusAs a parent, there is probably nothing worse than finding out that your child has been seriously injured, especially if he was harmed while under the supervision of someone other than yourself. This article addresses an accident where children spend much of their time– at school, being supervised by bus drivers, teachers and administrators.

Unfortunately, even under the watchful eyes of childcare and educational professionals, accidents resulting in injury can and do happen. (more…)

The Advantages and Disadvantages of Settling Your Personal Injury Lawsuit Before Your Case Goes to Trial

Courtroom GavelOne of the questions asked frequently by our clients is: “Will my personal injury case have to go all the way to trial?” Many individuals are hesitant to appear in the courtroom, but are unsure about whether or not they can obtain fair compensation for their injuries without taking their case all the way to trial.

Every case is different and unique, so there is no definitive one-size-fits-all answer to this question. However, if you are working with an experienced personal injury attorney, there is a good chance you will not have to go to trial to obtain the compensation you deserve. In fact, between 90 and 95% of claims are settled before the case reaches trial.

Here, we will explore some of the advantages and disadvantages of settling your personal injury lawsuit outside of the courtroom. (more…)

What If It’s Snowing Out When I Fall and Am Injured? Am I Still Able to Bring a Lawsuit for My Injuries?

Falling snow during a snow storm in progressDuring the winter months, slip and fall accidents are unfortunately common. From slipping on ice you didn’t notice to falling on slippery walkways that were not properly maintained on commercial properties or slipping and falling on ice while at work, the potential for serious injury due to weather related conditions looms large.

There are many different slip and fall scenarios that can result in serious injury, but many of these scenarios occur while the weather event is ongoing. This leaves many individuals wondering if they can pursue a personal injury case despite being injured while there was a storm in progress. (more…)

Another Driver Gestured for Me To Go And I Was Injured: What Are My Rights?

Driver GesturingWe have all done it and we have all been in a situation where another driver gestured for us to go ahead– signaling it’s safe for us to pull out, to make a turn, or to cross the street. It is something we encounter often. Most of the time, it’s a courteous gesture.

But what if the gesture is followed by an accident because it actually wasn’t safe for the person who followed the signal, and an injury occurs? Should the person who gestures be held liable because the other driver or pedestrian had a right to rely upon his motioning to proceed? Or is the gesturer not legally responsible because the decision to proceed was up to the other person?

These are important questions and the answers may surprise you. (more…)