Anderson, Moschetti & Taffany, PLLCAlbany NY Personal Injury Attorneys | Car Accidents | Slip & Fall2024-03-22T20:10:32Zhttps://www.amtinjurylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1401488/2020/12/cropped-site-identity-min-32x32.jpgOn Behalf of Anderson, Moschetti & Taffany, PLLChttps://www.amtinjurylaw.com/?p=529152024-02-01T10:15:50Z2024-02-06T10:15:23Zunique safety hazards during the winter months that are impossible for Albany residents to ignore. The freezing precipitation that falls during the coldest season creates a number of slip-and-fall concerns for those out on the city streets or patronizing local businesses.
What do people need to know about slip-and-fall risks?
Slip-and-falls can be serious
Contrary to media representation, slip-and-falls are no laughing matter. Over a million people every year end up at emergency rooms because they fall after slipping. Many of those falls occur during the winter months. Same-level falls can cause brain injuries, broken bones and soft tissue injuries. The people who fall may have medical bills and possibly even lost wages because of the incident.
Slip-and-falls indoors are common
Winter weather comes with several slip-and-fall concerns for interior spaces. Obviously, entranceways can be slick if people track snow, sleet or rain in on their shoes. The rugs that businesses put down can also create slip-and-fall risk. Rugs can be a tripping hazard if they get rumpled or may slip when not properly secured to the floor. Winter precipitation and snow melts might lead to roof leaks inside a business that could cause people to fall due to improper facility maintenance.
Outdoor slip-and-falls are also a risk
Albany residents generally have an obligation to keep their sidewalks clean. Both businesses and residential property owners should remove snow and ice that builds up on their sidewalks. Businesses also need to maintain clear and safe parking lots. The failure to maintain outdoor spaces could lead to visitors or passers-by suffering preventable injuries.
Those harmed in a slip-and-fall incident may need to pursue a premises liability lawsuit. Taking the matter to court may be the only way to secure an appropriate settlement from a business insurance or homeowners’ insurance policy. People pursuing a lawsuit or negotiating with insurance companies often require the support of an attorney to secure compensation for their losses.
Ultimately, recognizing how seasonal risks can contribute to major injuries could help Albany residents stay safer in public. This recognition can also help fall victims to pursue rightful compensation should they sustain harm due to another’s negligence.]]>On Behalf of Anderson, Moschetti & Taffany, PLLChttps://www.amtinjurylaw.com/?p=529042024-01-17T18:02:53Z2024-01-16T15:53:35ZProperty owners bear the responsibility
When it comes to icy parking lots, property owners are in charge of ensuring the safety of those who traverse their premises. Whether it is a shopping mall, apartment complex or business establishment, the property owner is typically responsible for maintaining safe conditions. This responsibility extends to the parking lot as well as any sidewalks on the property.
Property management's role
There are cases when a third party might manage the property where a slip and fall occurs. A property management company, for example, would then be responsible for maintaining safe conditions. Property managers must carry out routine inspections, arrange for snow and ice removal and take proactive measures to prevent accidents.
Business tenants and responsibility
In some instances, the liability for an icy parking lot may also extend to businesses leasing the property. If a business has control over the parking lot's maintenance, they may share responsibility for ensuring a safe environment.
There are over one million emergency room visits each year due to slip-and-falls, with many occurring during the winter because of icy conditions. Nature is uncontrollable, but when it comes to safety in parking lots and on sidewalks, property owners have a responsibility to take action.]]>On Behalf of Anderson, Moschetti & Taffany, PLLChttps://www.amtinjurylaw.com/?p=528992023-12-03T14:03:53Z2023-12-06T08:17:38ZBeing injured in a car crash is traumatic. For individuals who suffer significant injuries, the consequences to one's health, financial well being and family is often considerable. If you’re in this position, you deserve to be fully compensated by taking legal action against the negligent party that caused the crash.
Once you decide to seek compensation, you need to find an attorney who will be able to represent you throughout the process. Consider the following as you consider who you will retain:
Experienced and Knowledgeable
You should have an attorney who has decades of experience handling auto crash cases. Proven success in the courtroom, evidenced by verdicts stated on the attorney's website, is an excellent barometer to the attorney's ability to obtain the highest possible settlement. Insurance companies respect attorneys with proven track records.
Compassion for victims
You need to have someone on your side who understands your situation. Having a lawyer who’s compassionate will help you to feel comfortable as you share how the crash affected various aspects of your life with the attorney.
Passionate about fighting for clients
An attorney who is passionate about fighting for his clients will do his best to obtain maximum compensation for you. The passion will shine through as he works to obtain the settlement that’s in your best interests. A clear history of securing victories in cases like yours serves as evidence of this passion.
Understanding local court systems
While courts within New York follow the same laws, there are some subtle differences in how they operate. Having an attorney who’s familiar with the local court system helps to ensure that your case is handled in the most effective way possible.
Knowing how to determine future damages
You only have one chance to seek compensation. Once your case is settled, you can’t go back and ask for more money. Your case should include compensation for damages for bills and expenses that you’ve already incurred, and equally important, compensation for future projected medical and wage loss. A skilled attorney understands how to account for all losses related to the harm you have suffered.
Good communication skills
You need a responsive attorney as you go through the legal process. Your phone calls and email inquiries should be answered within a reasonable amount of time.Ultimately, the attorney you choose should be someone you are comfortable with. You must be able to trust him to handle all legal aspects of the case so that you can focus on healing and moving on with your life.]]>On Behalf of Anderson, Moschetti & Taffany, PLLChttps://www.amtinjurylaw.com/?p=527922023-09-12T18:06:40Z2023-09-14T06:43:32Zthey most certainly happen in and around Albany.
Even if one of the drivers or passengers survives a head-on collision, it is likely they will sustain serious injuries, such as:
Broken necks
Spinal cord injuries
Major organ damage
Internal bleeding
Heart trauma
Brain stem injuries
Limb amputations
Paralysis
The life changing nature of these injuries necessitates extensive medical care, result in long-term and sometimes permanent disability and result in hundreds of thousands of dollars in medical expense, lost income, fringe benefits and years of pain and suffering.
Most common causes
The most common causes of head-on collisions between vehicles include ignoring traffic signs, ignoring stoplights, speeding and sometimes even trying to avoid hitting an obstacle in the road. Ironically, in some cases, the driver tries to avoid hitting debris or some other object in front of them and swerves, only to hit an oncoming vehicle head-on.
Protecting yourself
Head-on collisions are extremely dangerous, but there are things you can do to prevent becoming involved in one. Even though it is not possible to protect yourself from any possibility of this kind of event, you can still take action to protect yourself.
Drive at safe speeds and resist the urge to speed up, even if traffic is low.
Respect all traffic laws, signs and stoplights. Be constantly alert.
Stay in your lane and do not drive too closely to other cars.
Car accidents are impossible to prevent, but you can minimize the likelihood of being in one. Ensure you follow the rules of the road, and act quickly to avoid danger if you sense it coming.]]>On Behalf of Anderson, Moschetti & Taffany, PLLChttps://www.amtinjurylaw.com/?p=527602023-08-18T15:44:12Z2023-08-23T11:33:15ZRear-end collisions are generally the result of unsafe choices
Traffic safety laws require that people follow the speed limit, gauge their position in relation to other vehicles and adjust their habits based on the weather. Unfortunately, many drivers in New York are in such a rush on the road that concerns about safety become an afterthought.
They engage in aggressive and unsafe driving habits that end up causing rear-end collisions. The top unsafe habits that cause rear-end crashes include:
speeding
distracted driving
maintaining an unsafe following distance
You could be doing everything right, but others may not be. If you were hit by another driver, you may have the right to hold them responsible for your injuries. A personal injury attorney will know how to help you. During a post-collision investigation, it may be determined that the other driver didn't leave an appropriate amount of space between the front of their vehicle and the rear end of yours. This space should also get larger as the overall speed of traffic increases. Additionally, it may be discovered that the other driver didn't focus on the road and the vehicles around them. Instead, they may have using mobile devices or eating a meal on the way to an appointment.
In many cases, given the preventable nature of a rear-end crash, the driver in the rear vehicle is the one at fault for the collision. There are, of course, exceptions, but that is for a lawyer to determine.]]>On Behalf of Anderson, Moschetti & Taffany, PLLChttps://www.amtinjurylaw.com/?p=527562023-08-16T13:59:51Z2023-08-18T13:47:26ZLook at professional reports
Every year, the Insurance Institute for Highway Safety (IIHS) releases a report analyzing the safest vehicles. That report reflects crash testing data and specialized safety evaluations. In 2023, 28 models qualified for the highest safety rating and 20 cars qualified as relatively safe vehicles that met the criteria for the secondary award. Of course, the list of vehicles changes every year, and the performance of older vehicles may not necessarily always align with their safety rating in the year that they came out on the market. This means parents have to balance consumer reports with professional data when choosing a model.
Assess the big picture
Selecting a specific vehicle model can be a prohibitively restrictive approach to purchasing a car for a teenager. Often, parents instead focus on prioritizing specific features. From side airbags to the overall size and weight of the vehicle, there are numerous factors that help influence what is safest for a young adult. In general, larger vehicles tend to rate higher on collision safety tests than compact vehicles.
Parents may also want to discuss with young adults the importance of prioritizing safety over appearances. Young adults are often more fixated on the coolness factor of their vehicles than they are on how dangerous driving is while learning how to drive well. Some parents may even find that taking the teenager's input out of the process is the simplest solution, as they may focus on all of the wrong aspects of a vehicle and apply significant pressure to their parents during the decision-making process.
Making safety a top priority when buying a vehicle is one way for you to help keep your new drivers as safe as possible on the road.]]>On Behalf of Anderson, Moschetti & Taffany, PLLChttps://www.amtinjurylaw.com/?p=527472023-07-31T15:22:54Z2023-08-03T12:15:35Zhighest point in 40 years, about 20 pedestrian deaths each day on average.
There haven't been this many reported pedestrian fatalities in the United States since 1981. Thousands of families must adjust to the unexpected loss of a loved one in a traffic collision on an annual basis. Many families hope to pursue justice against those responsible. Thankfully, there are ways those who are grieving can seek justice from the New York civil courts.
Wrongful death claims after fatal crashes
The law in New York allows those affected by the bad behavior of others to ask the courts for justice. The early death of an individual due to the negligence or illegal behavior of another party may provide the legal grounds necessary for a wrongful death lawsuit. Although New York law does require liability insurance, the average driver doesn't have nearly enough insurance coverage to fully compensate surviving family members when someone dies. Not only can medical expenses soar far beyond what insurance would cover, but the surviving family members will also need to replace a lifetime of lost wages and household services.
Wrongful death lawsuits create financial consequences for individuals and businesses who cause the death of others in pedestrian collisions. They can also provide surviving family members with a very important form of closure. In cases where a crash did not meet the standards for criminal prosecution, having the courts declare one party responsible for the loss of a family member may give people a sense of justice and allow them to move forward with their lives.]]>On Behalf of Anderson, Moschetti & Taffany, PLLChttps://www.amtinjurylaw.com/?p=527152023-06-27T16:16:06Z2023-06-30T12:10:57Z
Children under 2 years old must ride in rear-facing car seats
Children under 4 must ride in front or rear-facing car seats
Children must ride in child restraint systems until they turn 8
All passengers, 8 and older, must wear seat belts
Car seats and restraint systems must be certified to comply with Federal Motor Vehicle Safety Standards. Besides the age specifications, finding the right safety seat or restraint system for your child depends on several factors, such as weight and height. Violations for passengers 16 and under can result in a maximum fine of $100 and three points on the driver’s record. But the child’s well-being is the most important factor.
Common child safety seat mistakes
Some parents don’t take the time to do enough research before buying car seats or make sure they’re installed correctly. That can lead to disaster for you and your child. Safety advocates point out several errors that parents must avoid.
For instance, never buy a used car seat without knowing its history, especially whether it’s certified. Check to see if the brand and model have been recalled. Next, when installing the seat, follow the manufacturer’s instructions to a “T” and never place it in the front seat of your vehicle near active air bags.
While these mistakes or others could have tragic results, the good news is that plenty of help is available to help you find the right seat and have it installed correctly. You can visit the Governor’s Traffic Safety Committee’s website to see upcoming car seat check events near you during the summer.]]>On Behalf of Anderson, Moschetti & Taffany, PLLChttps://www.amtinjurylaw.com/?p=526932023-05-19T14:19:07Z2023-05-17T15:15:28Zbreaking down the rates as follows:
Poor: 24%
Fair: 36.7%
Good: 39.3%
A National Highway Traffic Safety Administration (NHTSA) report shows nearly 43,000 people died on U.S. highways in 2022. Unusually high fatality numbers that began in 2020 also plague New York, as 1,148 people died in crashes last year, just nine fewer than in 2021.
The Empire State is on a dubious top 10 list
Two of the major highways in and around Albany aren’t just the worst in the state but in the nation. They are:
Taconic State Parkway, labeled by one safety group as the “7th deadliest road in America.”
Interstate 87, with the section from Albany to Ramapo being the deadliest stretch.
Other studies show most crashes in the Capital Region happen in Albany County. A recent survey counted over 10,000 accidents in a two-year period, most occurring at intersections. Central Avenue is known for having many of the area’s most dangerous intersections.
Negligence compounds dangerous road conditions
While poor road conditions can cause traffic accidents, reckless or drunk drivers are often to blame. NHTSA notes that since the onset of the pandemic, more drivers are distracted or drunk, and many drive too fast for road conditions, frequently causing wrecks, injuring themselves and others.
If you’re in a crash with a negligent driver, understand that insurers will try to pay you as little as possible. That’s why it’s crucial to document everything you can about the crash and seek experienced legal guidance to obtain compensation for pain and suffering, medical costs and lost wages.]]>On Behalf of Anderson, Moschetti & Taffany, PLLChttps://www.amtinjurylaw.com/?p=517142023-02-23T16:53:56Z2023-02-23T15:15:13ZWhat are property owners supposed to do?
Landowners and managers must take prompt action once they know unsafe conditions exist. This means after a snow or ice storm property owners must take action in a reasonable amount of time following the end of the storm to remove the ice or snow. Failure to promptly or completely clear floors or private walkways can make owners responsible if someone slips and falls on their property.
What should I do after a slip-and-fall accident?
Your first priority should be your recovery. But you should protect your medical and financial well-being by taking these steps:
Seek immediate medical attention for any injuries, no matter how minor. Symptoms of head injuries don’t often show up for days.
Follow your doctor’s recommendations to a “T” and document all medical expenses.
If you can, take pictures of the accident scene and write down all the details as you remember them.
If anyone saw you fall, get their contact information if possible.
While a commercial business might ask you to fill out an accident report, don't discuss your case with their insurance company before talking to your own lawyer. An insurance adjuster might pressure you to sign a settlement agreement or other documents. But don’t sign anything until your attorney can look it over.]]>