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Car Accident Injury Law: Know Your Rights

Unfortunately, car accident injuries happen all too often. And many injury victims are unclear of how to move forward in the legal system in order to get the compensation they deserve. If you or a loved one found yourself injured in a car accident, please give us a call at 785-4900. We also have the below articles discussing New York state law and personal injuries resulting from car wreck cases. Some of our most popular articles include:


New Car Technologies: How They Help and May Also Hinder Driver Safety

modern car interior featuring new car technologiesTechnology in the automotive industry is constantly changing – and changing quickly. It seems dozens of new car technologies are introduced with each new model year, making each generation of vehicles a little more advanced than the last.

While many of these new car technologies are intended to enhance vehicle safety, an argument can be made that these technologies may both help and hinder drivers from being safe. Though they benefit vehicle operators in many ways –  helping them to navigate, avoid possible collisions, operate electronics hands-free, and more –  in other ways, new technologies may also give a false sense of security and as a result, contribute to the occurrence of accidents. (more…)

What Constitutes Negligence in a Car Accident?

Rear view of a young couple texting and driving negligently while ignoring the road

If you’ve been injured in a car accident and you have chosen to pursue a personal injury claim, you have likely encountered the term “negligence.”

What is the Definition of Negligence?

Most car accident lawsuits are based on the legal principle of negligence, which is defined as a breach in the “duty of care” owed by one person to another. Put another way, if a driver fails to use “reasonable care under the circumstances” while operating a vehicle, he is said to be “negligent.”

An individual can be described as negligent if he does something that he should not have done (eg. drives while intoxicated and causes an accident), or if he fails to do something he should have done (eg. fails to stop at a stop sign and then causes a collision). (more…)

Pedestrian Safety Tips for Walkers & Runners: Preventing Car-Pedestrian Collisions

group of 6 runners running on the roadWith cooler temperatures and the autumn leaves arriving, Fall in Upstate New York is a great time to be outside. Understandably, Fall is a favorite season for those who enjoy outdoor recreation. Every day, runners and walkers head out to the roads and sidewalks for some exercise and fresh air before the winter cold and snow makes being outdoors less enticing.

Unfortunately, with the days getting shorter and dusk falling right around the time that many drivers in the Capital Region are commuting home from work, Fall is also a popular time of year for car accidents involving pedestrians. (more…)

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?

traffic cop is talking with a driverIf 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.

In this situation, experienced personal injury lawyers are typically experienced in fighting the validity of a ticket in traffic court as well as handling the personal injury claim. Having one attorney handle both will simplify the legal process and benefit you in the end. (more…)

Tips for Avoiding A Car Accident With An Animal

deer crossing the road in Upstate NYEvery year, thousands of accidents occur in the United States involving collisions between vehicles and animals. From wildlife such as deer, turkeys, squirrels and moose crossing the roads, to stray cats and unleashed dogs running free, animals near or attempting to cross roadways can be extremely hazardous to drivers.

The first reaction of most drivers who see an animal on or near the road is to swerve to avoid it. Unfortunately, while no one wants to harm an animal by striking it, also fearing damage to their car or worse, injury to the occupants, swerving to avoid an animal in the road can also be incredibly risky. (more…)

I Was Injured When My Car Was Struck Because the Other Driver Didn’t Have His Headlights On: What Are My Rights?

line of cars stuck in traffic with their headlights onDrivers of cars and trucks owe a legal duty to other drivers, passengers, and pedestrians to use “reasonable care” when driving that is commensurate with the care used by other drivers under similar circumstances. Failing to do so is negligent and may result in liability for injuries caused by the failure to do so.

Determining whether or not a driver negligently operated his vehicle is normally a factual inquiry to be decided by a jury. The issue is sometimes determined “as a matter of law,” meaning that the conduct was so clear as to be capable of being determined by a judge. The conduct may be assessed under statute (legislature made law), under “common law” (a body of law created through decisions in other cases), or by a combination of both. (more…)

Driving Unlicensed: What Happens When Unlicensed Drivers Cause Car Accidents

a young, unlicensed driver sits behind the steering wheel of a carDriving 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…)

What to Do If You Are Injured in an Albany Car Accident Involving an Ambulance

Ambulance rounding the corner on a busy street in New YorkThe roads in Albany during rush hour can become quite congested and many roads inherently have blind spots where you cannot see all roads at an intersection. In addition, Albany is fortunate to have many health-care facilities and hospitals which serve as a hub for all emergency traffic in and around the city.

This combination of busy roads, blind spots, and multiple sources of emergency vehicles can lead to serious Albany car accidents involving ambulances and other emergency vehicles.

As experienced Albany car accident attorneys, we have handled many cases resulting in serious personal injuries involving emergency vehicles. These cases include when pedestrians are struck by an ambulance, bicyclists are hit or forced off the road, and where the occupants of cars are either broadsided or rear-ended by an ambulance.

(more…)

What is the Dram Shop Act? How Does it Impact My Personal Injury Case Against a Drunk Driver Who Drank at a Bar Before the Accident?

Beer in a pint glass on a wooden barAccording to the Centers for Disease Control, during 2016 nearly 10,500 people died in traffic accidents involving alcohol-impaired drivers, which accounted for about 28% of all traffic-related deaths in the United States.

Despite thousands of devastating accidents per year and the often fatal consequences, many people still choose to drive under the influence of alcohol.

If you or a loved one has been injured as the result of a drunk driver, you most likely will be entitled to compensation for pain and suffering, lost wages and payment of medical bills not covered by No Fault. In New York State, this compensation could come from the negligent driver who was at fault for the accident, but in some cases it could also come from the bar that served alcohol to the driver, resulting in his intoxication. (more…)

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

doctor looking at an x-ray after a car accidentCar 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…)