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

Family swimming at public pool trying to avoid public pool slip and fall accidentsSummer 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.

Preventing Slip and Fall Accidents on Surfaces at Public Pool Facilities

Although it is to be expected that pool surfaces will become wet, surfaces at recreational pool facilities should not become slippery even when water from the pool area is tracked across them. Pool decks, sidewalks, locker room floors and other surfaces around the pool should be designed and constructed of slip-resistant materials, or coated with slip-resistant paint to ensure that they do not become slippery when they inevitably become wet. (more…)

How Do You Recover Lost Wages if You are Injured in a Car Accident?

Woman worried about finances after a car accidentDamages arising out of an injury due to an Albany car accident do not just include medical treatment, property damage and compensation for injuries, but also recovery of your lost wages and earnings due to your inability to work after the accident. This recovery is for losses over and above what is known as “basic economic loss,” which is what New York’s “No Fault” benefit laws provide.

Recovery in a personal injury claim is for lost wages and begins once the $50,000 of benefits available under “No Fault” are exhausted. This can be a complicated calculation that requires an experienced personal injury attorney who can accurately compute and prove your losses. (more…)

Bicycle Safety: How to Avoid Car-Bicycle Collisions When Sharing the Road

Bike riderSummer is here, and that means many adults and children are back out on the roadways riding their bicycles. Whether you’re just taking a quick spin around your neighborhood or out for a long distance bike ride, it’s important to keep bicycle safety in mind.

Though bike riding is a great outdoor activity that many people enjoy to stay healthy and active, there are always safety issues when it comes to sharing the road with cars and trucks. And by the way, when you are riding in an area with pedestrians, be careful to observe and ride safely when near them to avoid collision.

Here, we’ll share some important tips for bicyclists to help avoid collisions with cars and trucks and stay safe on the roads! (more…)

Does New York No-Fault Insurance Cover Car Accidents Involving Collisions with Bicyclists and Pedestrians?

Bicycle lane where car accidents involving pedestrians and bicyclists may happenLike some other states, New York has a form of No-Fault insurance. As the name implies, this law requires an insurance carrier to pay for legitimate medical expenses, lost earnings and other incidental costs associates with a car accident, regardless of who was at fault for the accident.

Originally enacted in New York in 1974, the intent of No-Fault insurance was to speed up the process of injured persons obtaining medical care, for the medical providers to be paid, and to provide some measure of lost wage compensation to the injured party regardless of who was at fault in causing the accident. (more…)

Know Your Rights: When a Lifeguard is Not Paying Attention and Someone is Injured

Pool lifeguard ringWhether you swim mostly during the summer months or you swim year-round, you should know your rights if a lifeguard doesn’t live up to his or her duty to be there if a swimmer needs help.

New York State Swimming Pool Laws

It is well-established under New York law that swimming pool owners, operators, and their staff owe a duty to provide reasonable supervision to bathers. This is particularly true when lifeguards are hired, trained, and signs are posted as to their presence. When an owner or operator fails to provide this supervision, they can be held accountable for resulting injuries.

Proving Negligence in New York Swimming Pool Accidents

Negligence under the law arises from any act or omission which falls below what a jury and judge determine is “reasonable” under the circumstances. To prove negligence in a lifeguard supervision case, the duty to provide such supervision must be shown, that this duty was breached by the lifeguard and that such breach caused injury must be shown. (more…)

Peter J. Moschetti Achieves $2.3 Million Verdict In Favor of Local Couple Involved in High-Speed Car Accident

Gavel in CourtroomOn June 6, 2017, a Fulton County Supreme Court jury returned a verdict of $2.3 million in favor of Carol and Robert Rorick, as a result of injuries suffered by Carol Rorick in an automobile accident. Peter J. Moschetti, Jr. of Anderson, Moschetti & Taffany, PLLC represented the Roricks in the trial.

Details About the High-Speed Car Collision in Upstate New York

The high-speed collision that left Carol Rorick seriously injured occurred on July 24, 2015 at the intersection of South Kingsboro Road and Route 30A in Gloversville, New York. The defendant was accused of taking a left-hand turn from Route 30A into the path of the Roricks’ vehicle, which had the right of way and was traveling south. (more…)

My Child Was Attacked and Injured by a Dog. What Are My Rights For My Child?

Child Crying Because of Dog BiteChild Dog Attacks

Dog bite accidents can be incredibly upsetting, but they can be especially devastating when they happen to young children.

While children cannot pursue legal assistance themselves, they have the same rights as adults and those rights can be protected by a personal injury attorney. If your child has been injured as the result of a dog bite, we suggest the following to obtain the compensation your child is entitled to from the responsible party.

How to Handle the Legal Aspects of A Child Dog Attack

Your first concern after your child has been attacked by a dog should be getting medical attention. It is important that all injuries are addressed quickly by qualified medical professionals.

If you believe the dog bite accident may have been caused by the negligence of another individual, another one of your primary and immediate concerns should be obtaining legal counsel to ensure that your child’s rights are protected. (more…)

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…)