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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:

If I Was Injured in a Police Chase Car Accident, What Are My Rights?

Close up photograph of a police carAll drivers at one point or another have experienced that jolting blare of a siren from a police car.

It’s common knowledge that we are required to pull off the highway and onto the side of the road to allow police and other emergency vehicles to respond as quickly as possible to an accident, crime scene or fire. In fact, emergency personnel have a statutory right to violate normally applicable traffic laws under New York Vehicle and Traffic Law section 1104.

However, this does not excuse police officers from acting recklessly. Police officers must act in such a manner so as to unreasonably causing a car accident. (more…)

I Was Injured in a Car Accident, But I Wasn’t Wearing My Seatbelt. Can I Still Recover for My Injuries?

Close up image of passenger buckling car seat belt New York’s seatbelt law has been in force since 1974. In fact, New York was one of the first states in the nation to enact such a law.

Seatbelts have saved hundreds of thousands of lives over the years, and few persons would argue with that they have been a tremendous benefit in improving the safety of being a motorist or passenger.

New York State seatbelt law requires the following:

  • All passengers riding in the front seat of a vehicle wear seatbelts
  • All children under the age of 16 must wear seatbelts in the front seat or the back seat of a vehicle
  • All children under age four must ride in safety seats
  • All children must ride in appropriate child restraint systems until their 8th birthday

Unfortunately, despite this law which is intended to keep drivers and passengers safe while they are traveling, many drivers still choose not to wear their seatbelts. (more…)

What is Prior Written Notice? How Does it Affect My Ability to Bring a Case Against a Municipality If I Am Injured?

person signing prior written notice paperworkCar crashes, slip and fall accidents, and other incidents that can result in serious personal injury can happen anywhere at any time. If you are involved in an accident that leaves you seriously injured on municipal property, you may wish to make a claim against that municipality to obtain compensation for pain and suffering and lost wages.

If you plan to do so, you should consult with an experienced personal injury attorney as soon as possible. He can help you to determine whether or not you have a viable claim, and assist you in pursuing it if you do.

It’s especially important to have a reputable personal injury attorney on your side if you’ve been seriously injured on town, village, city, county, or state property because it can be difficult to successfully bring a case against the municipality to recover for your injuries. This is largely due to the rule of law embodied in the phrase “prior written notice.” (more…)

I Was Injured When Debris in the Roadway Caused My Car Accident: Who is Liable?

Busy highway filled with cars and trucksAll motorists owe a duty of reasonable care in the operation of a vehicle so that other motorists and pedestrians will not be subjected to “foreseeable harm.”

Reasonable care will vary depending on the circumstances, but a motorist will be responsible for damage he does to a road, or for an unsafe condition created on the road, by leaving debris on its surface, for example.

A motorist may also be responsible for injury caused by not avoiding debris and causing it to cause harm to someone in another car.

Knowledgeable Albany car accident attorneys know that motorists must be aware that there may be objects that might fall from a truck or car ahead, and take steps to avoid hitting it. Avoiding contact is important for preventing loss of control of one’s own car, but also to prevent the object from being launched into the path of another vehicle. (more…)

Driver Tips for Preventing Accidents in Construction Zones and Obtaining Effective Representation if You are Injured

Orange traffic cones marking a construction zone with a car in the backgroundConstruction zones on busy roadways can be very dangerous places, both for the construction workers on the job and for drivers traveling through them.

Despite strict DOT regulations regarding how roadway work zones should be set up to protect drivers and workers, work zone accidents can and still do happen – frequently. Given the vulnerability of the workers in these work zones and the potentially dangerous driving conditions created by the work being completed, it should come as no surprise that construction zone accidents can result in serious injury and sometimes death to workers and drivers. (more…)

I Was Injured When the Driver of a Stolen Car Caused an Accident. What Are My Rights?

car thief using screwdriver to break into a carWhen the owner of a motor vehicle permits another individual to drive his car, both the driver and the owner are liable for any damage caused by the negligence of the driver. This is called the “permissive use” doctrine and is found in New York Vehicle and Traffic Law Section 388. A driver is said to have permission to use another motor vehicle either expressly (i.e., being explicitly told he or she can use the motor vehicle) or implicitly (i.e., the keys are in a common area or the driver has used the car before without the owner objecting).

Permissive Use and Stolen Vehicles: Who is Liable?

The permissive use doctrine does not apply where the driver does not have permission to use the owner’s motor vehicle. This arises most often in theft of a motor vehicle. Since the thief has neither the express or implied permission to use the owner’s motor vehicle, injuries resulting from the thief’s negligence will not be imputed on the owner. (more…)

Constructive Notice: What Is It and How Will It Impact My Slip and Fall Case Against a Property Owner?

Woman in a wheelchair due to a broken ankle from a slip and fall accidentIn many cases involving the liability of a property owner for an injury to someone who falls—known as “premises liability” claims, “notice” is an important factor. This involves whether the owner or person in charge of the property had “notice” of the alleged defect—be it snow, ice, or a broken step—and the opportunity to have fixed the condition before someone got hurt. There are a couple of types of notice to be aware of: actual notice and constructive notice.

Here, we’ll delve into the specifics of constructive notice, defining what it is and how it could impact your case against a property owner following your involvement in a slip and fall accident. (more…)

If I Slip and Fall on Ice at Work, What Are My Rights?

Snowy sidewalk with cars parked along the roadSerious injuries as a result of a slip and fall can occur at anytime and anywhere, including while at work.

During the winter, snow and ice creates added risk for individuals who have to work outside, frequently walk outside, or drive. Serious injuries caused by slip and falls on snow and ice while in the scope of employment involve laws unique to the accident and which may impact the rights of the individual to obtain compensation for injury, pain and suffering. (more…)

What is The “Discovery” Process in a Lawsuit?

Lawyers reading over a paper during the discovery processFrom defective product cases and premises liability cases to medical negligence cases and car accident cases, personal injury cases come in many varieties. While the causes of accidents resulting in personal injury lawsuits vary widely, the stages of litigation for lawyers pursuing these cases for their clients have remained relatively consistent over the past 40 years.

There are a number of stages in personal injury lawsuits. One of the most important processes that occurs following commencement of the lawsuit and appearance by attorneys for each party is known as “discovery.” (more…)

What You Need To Know About Social Media and The Discovery Process in Your Personal Injury Lawsuit

Person using smart phone to access social mediaPersonal injury cases come in many forms. From car accidents and construction accidents to slip and fall accidents and medical negligence cases, the underlying causes for bringing a personal injury case vary greatly. But though the types of such cases differ, the process for litigating personal injury cases has remained relatively consistent for the past few decades.

One of the most important stages of the litigation process in a personal injury lawsuit is known as “discovery.” The discovery process happens relatively early in the litigation of the case and provides each party to a lawsuit with the opportunity to collect and exchange information relevant to the claim being disputed. The underlying concept is to promote fairness—each party exchanges information they possess, which is relevant to the issues, so that each knows what the other knows about the facts and circumstances surrounding the incident; so that the claim can be resolved fairly. (more…)