The Timeline of a Car Accident Claim
In the United States as well as specifically in New York, car accident claims account for one of the highest numbers of personal injury claims. Car accident attorneys are busy settling one case after another ensuring that the victim gets due compensation and a settlement that is fair to the pain, trauma, suffering caused due to the accident. Due to the high number of car accidents as well as the sensitivity of time involved with respect to the validity of the evidence, there is a proper timeline that needs to be followed in a car accident claim. Here is all you need to know about. Statute of limitations First of all, once a car accident occurs, the New York statute of limitations for injured car accident victims is three years. However, in the unfortunate event of the victims’ death, representatives generally have two years to file suit as per New York’s wrongful death statute of limitations. Hence, once the accident occurs, it is important to hire a car accident lawyer or file a suit as soon as possible. Although the statute of limitations is three years, it is advisable to move quickly as far as possible. Seeking medical care In parallel, it is pertinent that the victim seeks medical care immediately after the accident. Even if the injuries are not severe, it is important to go through a proper physical check-up to identify any internal or hidden injuries. Collecting evidence After stabilizing medically and once physically capable, the victim, with support of the car accident attorney should start collecting evidence. This includes photographs of the accident sites, witnesses’ accounts, medical bills, other relevant documentation such as loss of income, etc. Building the case This is the most important aspect of the process and involves preparing the settlement. It is recommended to hand over this process to a qualified and experienced car accident lawyer so that they leave no stone unturned in ensuring that you get the settlement you deserve covering all costs – short and long term – as well as other intangible aspects of emotional distress, trauma, etc. Negotiations Once the evidence is collected and the settlement is drawn out, the car accident lawyer will begin the process of negotiations with the insurance company of the at-fault party. More often than not, these cases are settled out of court, however, that being said, the insurer does not make it easy for the victim to get the due settlement. They find ways and means to reduce the compensations as far as possible. Hence, auto accident attorneys are best placed to lead this process. This process could last anywhere between one to two years. Lastly, if the negotiations do not conclude out of court, then the next step is to file a lawsuit against the insurer. This could become a long-drawn process lasting months after the negotiation stage. Importantly, once the case reaches the court, the set of guidelines and rules completely change and plying to them is important to conclude the case in the favor of the victim. If you or someone you know has been injured in a car accident due to someone’s negligence, you need the best car accident lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Be Careful Driving NY Roads on Blackout Wednesday
Blackout Wednesday, Drinksgiving, Thanksgiving Eve, Black Wednesday. Regardless of what you call the day before Thanksgiving, one thing is sure– it’s one of the deadliest days of the year. The Wednesday before Thanksgiving sparks a ton of excitement. College students are home from school, families have arrived from out of town, and many employers allow their workers the day off for an extended weekend. Unfortunately, this gathering day has garnered a harmful reputation as a drinking holiday, and most spend it out of the home. According to Upserve, on Blackout Wednesday, bars generally see a 270 percent increase in beer sales and a 114 percent increase in liquor sales. With more drinking parties that occur on a single night, your chances of becoming the victim of a drunk driving accident surge. With the AAA predicting more than 53.4 million people traveling this holiday, the risks for traffic accidents are already higher than ever. Americans are eager to see family members they missed during the pandemic, and will indeed be celebrating to make up for the lost time. It’s up to all New York City motorists to use caution and common sense on the roads on this holiday. Buzzed driving and drunk driving are reckless and unnecessary, not to mention illegal in every state. Help keep your community safe by staying informed and spreading the word about the danger of ”Blackout Wednesday” this week. Drunk Driving Trends on Blackout Wednesday The National Highway Traffic and Safety Administration (N.H.T.S.A.) reports that nearly one third of all traffic fatalities nationwide are caused by drunk drivers, all with blood alcohol levels at or above .08. In 2019 alone, 10,142 people were killed in drunk driving crashes. Most of these tragedies occurred during evening hours (midnight to 3:00 am), when drinking establishments wind down business for the night. Drunk driving fatalities always peak around holidays known for drinking, including the Fourth of July, Labor Day, St. Patrick’s Day, and the upcoming Thanksgiving Eve. From 2014 to 2019, the N.H.T.S.A. reported over 800 alcohol-related traffic fatalities on the days surrounding Thanksgiving; in fact, one-third of all fatal accidents that occur over this holiday break is the result of impaired driving. The Deadly History Behind Blackout Wednesday Sadly, Blackout Wednesday has been around for decades, but it wasn’t always known as a day for drunk driving. According to the StarTribune, the tradition of gathering for drinks the day before Thanksgiving started with small towns and villages. Neighbors would bounce from house to house, or walk to local pubs to visit with friends and family who were home for the holidays. There wasn’t too much travel involved, especially by car, so drunk driving rates were relatively low. Drunk driving accidents became heavily associated with Blackout Wednesday when holiday gatherings before Thanksgiving transitioned from homes to bars and restaurants. This required people to start driving, sometimes far distances, to meet with friends and family, often without adjusting any drinking habits. According to a study by Scram Systems, 52 percent of drunk drivers caught during the Thanksgiving period claim to drink more over the holidays compared to other times of the year, out of both desire and expectation. Binge drinking culture is highly encouraged among friend groups over the holidays, only making matters worse when it comes to safety on our roads. Drive Sober or Not At All The safest step you can take to reduce drunk driving accidents on Blackout Wednesday is never to drink and drive. There is no good excuse to drive intoxicated in a society with ridesharing services at your fingertips. Drunk driving is dangerous, no matter how few drinks you’ve consumed. Any amount of alcohol can impair your judgment behind the wheel, and it only takes a minor error to cause a catastrophic accident. While staying home is also one of the safest ways to reduce drunk driving accidents this holiday, we understand that New Yorkers are eager to leave their homes. If going out to celebrate Thanksgiving Eve is part of your plan, here are some steps you can take ahead of time to stay safe on your night out: Drink in moderation. Blackout Wednesday is heavily associated with binge drinking, as the namesake implies. Binge drinking is unhealthy and dangerous. The more you drink, the worse your judgment becomes. Drink responsibly to reduce your chance of making unsafe decisions you would never make sober, including getting into a car with a drunk driver or driving intoxicated yourself. Plan ahead. Don’t get caught out at the bar without a ride. Plan your rides and transportation routes before you leave to avoid risky decisions later. Call a ride. Between Uber and Lyft, there is never a reason to find yourself without a ride. Don’t take a chance of driving intoxicated, even if the ride is short. Call a ride to save a life. Report drunk drivers. If you see someone is trying to get behind the wheel and is clearly intoxicated, try to stop them if it’s safe. If the situation is out of your control, report the driver to local authorities. Do not let others drive drunk. From our team at Siler & Ingber, we wish all New Yorkers a safe and happy Thanksgiving holiday. Have fun and drive smart! New York City Drunk Driving Accident Lawyers Our personal injury attorneys at the law firm of Siler & Ingber have over 30 years of experience representing accident victims in New York City. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process, using our experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured in a drunk driving accident, our team at Siler & Ingber is here to help. With a
Halloween Safe Driving on Long Island
Swarms of trick-or-treaters will be roaming Long Island streets next weekend, and motorists planning to be on the road must stay alert. Children of all ages will be out knocking on doors, attending Halloween parties, and making up for lost fun last season due to the pandemic. While some motor vehicle accidents are unavoidable, most Halloween-related traffic accidents are preventable by following simple traffic laws that prove to keep pedestrians safe. Here are just a few Halloween accident stats you can share with your family and friends to help keep your community safe this October 31. Halloween Night Car Accident Statistics Halloween is supposed to be a holiday full of delicious treats and spooky tricks. But sadly, hundreds of people die every year on this holiday due to traffic accidents, and 18 percent of these fatalities are children. According to Safe Kids Worldwide, pedestrians out on Halloween are twice as likely to become victims of a motor vehicle accident than on any other day of the year. Traffic fatalities on October 31 fluctuate annually depending on the day of the week the holiday falls. A new study by AutoInsurance.org, analyzing Halloween-related accidents in the last 25 years, found that weekday holidays have higher traffic fatality rates. More residents are concentrated on their daily schedules on weekdays and forget to look for Halloween patrons. However, this trend doesn’t mean weekends are any safer. Such as this upcoming holiday, Sundays have ranked as the third deadliest day for Halloween to fall in the last two decades. One of the deadliest Halloween Sundays on record occurred in 2004 with 143 fatalities reported– the second most fatal Halloween in 25 years. Why Do Car Accidents Occur on Halloween There are more than enough factors to make Halloween one of the most dangerous holidays on American roads. For starters, children running around in the dark is a recipe for disaster. Between poorly lit walkways, uneven pavement, tripping hazards from costumes, and impulsive trick-or-treaters ready to bolt into the street, drivers must always be on their best behavior– unfortunately, this is not always the case. Most Halloween-related car accidents are preventable and occur due to reckless or aggressive driving behaviors that are especially dangerous when kids and families share the road. These behaviors include: Distracted driving; Drunk driving; Drowsy driving; Speeding; Failure to yield to pedestrians; Failure to stop at lights and signs; Failure to use turn signals; Illegal passing; and Accelerated starts. Pedestrian accidents due to reckless driving behaviors often result in severe and fatal injuries. It only takes a few seconds of looking away from the road to miss a trick-or-treater darting across the street. It’s even harder to see pedestrians when driving at night, leaving drivers even less time to react to road hazards. Safe Halloween Driving Tips To help keep our Long Island community safe, it is up to everyone to help keep everyone safe this Halloween. Whether you are a driver sorting through the Halloween chaos or a pedestrian venturing out on the streets, here are some safety tips from the National Highway Transportation and Safety Administration to help reduce Halloween-related traffic fatalities this year. Safety Tips for For Drivers Keep your speed lower than usual in neighborhoods and on any street trick-or-treaters frequent; Watch the road at all times; Reduce distractions such as talking with passengers, talking on the phone, texting, or listening to loud music; Allow pedestrians the right of way; Stop at all stop signs and traffic lights; Use your turn signals; Keep your lights when trick-or-treat hours begin; Watch the crosswalks before turning; and Never drive under the influence. Safety Tips for Pedestrians Always supervise kids under the ages of 12 when trick-or-treating; Carry glow sticks and flashlights; Use reflective tape on dark costumes so cars can see you; Encourage kids to slow down and not to run into the road; If following in a vehicle, turn on your headlights to make it easier for kids on your street to navigate; Always cross at crosswalks when available; and Select costumes that do not cover a child’s vision or drag on the ground to prevent tripping. Have a fun, safe, and healthy Halloween, Long Island! Long Island Vehicle Accident Lawyers Our personal injury attorneys at the law firm of Siler & Ingber have over 20 years of experience representing accident victims on Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using our experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured in a vehicle accident, our team at Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. Contact us today at 1-877-529-4343, or schedule an appointment online anytime. We never charge a fee unless we recover money for you.
Injuries at a Construction Site: All You Need to Know
The construction industry is one of the largest hiring sectors in the United States. However, a construction site is incomplete without two key components – equipment and manpower. It is important that the manpower engaged is well trained and qualified to work on a construction site and at the same time, the equipment is safe to use and adequately maintained. Otherwise, there are chances of an injury to the worker. A construction accident attorney can help you understand this in detail. If you or someone you know is a construction worker, it is important that you’re privy to important information regarding faulty equipment and its implications. Here is all you need to know. As per estimates, 40% of all worker fatalities in New York occur on construction sites, and a large majority is due to faulty equipment. What is faulty equipment? Faulty equipment refers to a piece of equipment that is defective. When the defect is due to a manufacturing error of any kind, the manufacturer, and possibly the distributor, may be held liable and legally required to pay damages to the injured worker. Equipment can also become faulty if it has not been properly maintained and as a result led to an injury. In such a scenario, the injured worker may be able to bring a negligence action against the employer in addition to the workers’ compensation claim. A construction accident attorney is the best placed to suggest a due course of action in either of these cases. Injuries due to faulty equipment Some of the common injuries due to faulty equipment are: Falls: Along with being the most common type of cause, one can fall due to a faulty scaffolding or ladder that may lead to severe injuries. Struck by an object: An unfortunate cause of injury can be being struck by a falling object such as a part of a crane or other such equipment used at a height. Electrocution: Most equipment on a worksite uses electricity to function, and if faulty, can lead to electrocution of the worker using it. Various such cases have been witnessed by a construction accident attorney, and it is recommended to work with them so that you get the compensation you deserve. What to do if you’re injured at a worksite due to faulty equipment? If you or someone you know has suffered an injury at a worksite due to faulty equipment and you need the best injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Five Types of Car & Truck Accident Damages You Should Know About
An accident caused due to someone negligence can cause a lot more than injuries. One of the most common accidents to occur in New York and its vicinity are motor vehicle accidents such as car accidents, truck accidents, bus accidents, etc. The injuries sustained in such an accident can vary from mild to severe, but there’s more to it. Let us understand the different types of injuries that you should tell your personal injury attorney about. Loss of Wages: An accident often leaves the injured person incapacitated to be able to go to work for a short or long period of time due to the injuries sustained and the recovery time required, hence, lose income. This is referred to as loss of wages. Any top injury lawyer will ensure that the loss of wages due to the accident are duly included in the settlement proposed to the at-fault party. Pain & suffering: Accidents are traumatic – physically and mentally. In that context, pain & suffering is an attempt to assign a monetary value to the physical and mental suffering that the victim wouldn’t have undergone if not because of the accident. The cost is calculated based on the evidence provided in relation to the accident. Essentially, these are non-economic damages and should be duly compensated. Medical expenses: These are the most straightforward type of expenses and refer to the medical bills borne by the injured party. It is important to note that some injuries require long-term treatment, and the personal injury attorney should be made privy to these so that they can be appropriately included in the settlement. Out-of-pocket expenses: These expenses refer to a variety of costs related to the injuries sustained by the victim. Examples of these expenses include transportation from home to the hospital for medical care, stay in a hotel in situations where medical expenses are sought out of the station, over the counter medication expenses, rental car expenses, parking fees, etc. Property damage: In various scenarios, a motor vehicle accident caused by a car, truck, etc., can lead to property damage, for example, if a car rams into a wall of a store on the roadside, etc. In such a scenario, in addition to the injuries sustained by the victim, any expenses related to the property and its repairs should also be covered under the settlement. If you or someone you know has been injured in a car or truck accident due to someone’s negligence, you need the top injury lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Bicycle and Citi Bike Accidents in New York: All You Need to Know
As the city has started to open since the pandemic, there is an increase in the uptake of cycling sharing rides such as Citi Bike. Additionally, New Yorkers are moving towards using bicycles as the preferred mode of transport. Citi Bike is New York’s one of most successful bike-sharing programs. With over 25000 bikes, 1500 stations, Citi Bike has 143,000 members. While the program has a positive impact on the overall landscape of transportation in the city, the higher use of Citi Bike and bicycles has also led to higher accidents involving them. Estimates suggest that nearly 300 people die due to accidents involving bikes. Auto accident lawyers are also witnessing this rise. If so many accidents are occurring, who is responsible? Even though the cyclist is more vulnerable to injuries in case of an accident, the responsibility lies on both, the cyclist and drivers to ensure each other’s safety on the roads. Importantly, the risk of injury to the cyclist is much higher as compared to a motor vehicle driver. Hence, when riding a Citi Bike, it is important to know what to do after a crash. Some common reasons for accidents involving bicycles and Citi Bike are: Dooring: It refers to when a driver/passenger opens the door of a motor vehicle and hits a passing cyclist. This is one of the most common causes of bicycle accidents. Distracted driving: Often, a motor vehicle driver or cyclist may be distracted such as texting while driving or driving under the influence which may cause the accident. Right of way: As per the law, a motor vehicle driver is supposed to give the right of way to the cyclist. In scenarios when it does not happen, it may lead to an accident and subsequent injuries. Potholes/Construction: Often, cyclists succumb to accidents on roads with ongoing construction or potholes. This occurs largely in situations where the cyclist is not aware of the condition of the road and is caught by surprise. Whether you’re using Citi Bike or your personal, if you’re involved in a crash, here is what you do: Call 911 and report the crash. Seek medical help. If you’re the rider/user of the Citi Bike involved in the crash, you’re liable to report the accident within 24 hours. You can call on 1-855-BIKE311 to report the crash. As the user, you are responsible to return it to the dock or to a Citi Bike representative. A rental fee of $1000 and an administrative fee will be charged to your credit card if you fail to return the bike within 24 hours. Maintain all documentation of the medical bills and other expenses incurred. Record information of the driver and the vehicle that caused the accident. Take photos of the accident site and talk to witnesses. It is recommended that you get an auto accident lawyer with extensive experience in handling cases of similar nature as insurance companies are quick to pin the blame on the cyclists and avoid paying fair compensation. Let the injury lawyer handle the complexities of the law and work towards getting you a just settlement. If you or someone you know has been in an accident involving Citi Bike or your bicycle and you need the top injury lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Importance of a Witness in a Car Accident Claim
A car accident is often a result of someone’s negligence. In such a scenario, the victim is owed compensation for the injuries they’ve incurred as well as other long- and short-term damages. In order to receive fair compensation, evidence is pertinent in a car accident claim. Evidence includes photographs, documentation such as medical bills, proof of loss of income/livelihood due to the injuries sustained, etc. Among the various evidence available, witnesses also play an important role, as agreed by car accident attorneys. Here is what you need to know about witnesses in a car accident claim. Types of witnesses There are two types of witnesses in a car accident claim: Eyewitness: refer to someone who was at the site of the accident, however, not one of the passengers in the motor vehicle that suffered or caused the accident. Their testimony is objective and a near first-hand account of what occurred at the site of the accident. Examples of eyewitnesses are pedestrians at the site of the accident, other drivers at the site of the accident, and employers/owners/customers of businesses in and around the area of the accident. If someone has been in an accident, car accident lawyers recommend that they try to talk to the witnesses and record their contact details to reach them at the time of filing the claim, and request their statement. Expert witness: In scenarios where claims are more complex than usual, and negligence cannot be proved with the evidence at hand, it is recommended to include expert witness testimony, for example, a medical professional who can confirm that the injuries caused are due to the accident. This can strengthen the claim and prove the negligence of the at-fault driver. Hence, in addition to maintaining medical records and expenses, it is pertinent to talk to the medical professional and seek their help, if required, as a witness. Impact of a witness on a case Both the categories of witnesses, as mentioned above, are important to a car accident claim. They build the evidence and strengthen it so that the victim can receive the compensation they deserve. Hence, witnesses, in addition to other evidence are critical to a car accident claim. If you or someone you know has been injured in a car accident due to someone’s negligence, you need the best car accident lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case
Do Injured Undocumented Workers Have Rights?
Undocumented workers in New York City occupy some of the most dangerous jobs in the country. These jobs often require massive construction and manufacturing equipment with harmful components, braving fast-paced city streets as delivery personnel, enduring extreme temperatures from outdoor work, or working extended and nighttime hours to make ends meet. Like most workers in these trades, the risk of occupational injuries is higher than others, simply due to the nature of the work. Unfortunately, what sets undocumented workers apart is the additional risk factors they face due to their immigration status. These risk factors are typically a result of unlawful and negligent practices, unfairly putting undocumented workers in danger and causing them to fall victim to preventable workplace accidents. Undocumented workers have the same right as American employees to a safe workplace and compensation to cover damages when occupational accidents occur. Sadly, many undocumented workers are unaware of their right to seek representation for their injuries or too frightened to report concerns that could save their lives. What High-Risk Industries Employ Undocumented Workers? The Occupational Safety and Health Administration (O.S.H.A.) reports that 12 workers die on average every day nationwide, while another 50,000 die annually from occupational disease. An estimated 8 to 12 million occupational injuries occur across all industries. Among these devastating numbers, most of the workers are immigrants and undocumented workers. Work industries with the highest concentrations of undocumented workers consequently also have elevated rates of injuries and fatalities to start. They include: – Construction; – Manufacturing; – Bricklaying; – Carpentry; – Ironwork; – Demolition; – Delivery drivers; and – Industrial bakeries. Workers in these industries are expected to operate heavy and dangerous machinery, work from elevated heights, close vicinity or directly in NYC traffic, and outdoors in extreme temperatures and/or warehouses without heat and air conditioning units. These trades commonly require long and nighttime shifts, which increases worker fatigue and the risk of employee error. Workplace injuries are often due to fall hazards, vehicle accidents, electrocutions, caught-in or between, and struck-by incidents. Why Do Undocumented Workers Have Higher Injury Rates? Despite performing the same work as American workers, injury rates for undocumented workers are far higher. Often, these injuries are 100 percent preventable and a result of employer negligence. Here are a few of the reasons we have seen why undocumented workers are getting injured on the job. Dangerous Assignments Undocumented workers are often assigned work tasks that are more dangerous than their American coworkers. Negligent employers who do not want to risk paying workers’ compensation (even though they are legally required to) believe that if they assign the high-risk tasks to undocumented workers, they will not be liable for injuries that result. Undocumented workers are no often part of a union and therefore less likely than other union workers to report safety concerns with O.S.H.A., even if their lives are at risk. Negligent employers count on this to get away assigning tasks that would not be unlawful to demand from a union worker. Guilt and Fear Undocumented workers are more willing to agree to take on unsafe or illegal tasks under the belief that they ‘have to.’ There is a fear among undocumented workers that if they turn down a task, they could lose their job or that their employer will try to deport them. Some negligent employers will go as far as to threaten deportation just to finish a project on time. Sadly, most of these negligent practices go under the radar until a fatality or catastrophe brings them to light. Lack of Training While some employers neglect to train undocumented immigrants due to rushed hiring, others provide inadequate training in languages workers cannot understand. Not understanding how to stay safe on the job or perform your tasks correctly significantly elevates a worker’s risk for injuries. Working While Injured Undocumented workers who are injured but still able to work are unlikely to seek medical attention. Some employers will tell undocumented workers that they do not qualify for workers’ compensation benefits when they do. The fear of having to pay for expensive medical bills out-of-pocket is substantial. Because of this, undocumented workers are much more likely to work through injuries and put themselves at risk for even more severe or fatal injuries in the future. Pandemic-Related Risk Factors Since the pandemic shutdown of worksites across NYC in 2020, thousands of workers have been working overtime to make up for lost income during these periods. Undocumented workers are more willing to take and keep unsafe jobs when they feel there are no other options. They are also more likely to work long, overnight shifts to secure extra income for their families. Additionally, undocumented workers who contract COVID-19 may be less likely to report illnesses out of fear of losing their jobs or income due to self-quarantine protocols. Unknown Rights One of the most prevalent reasons why so many undocumented workers have higher rates of workplace injuries is that they are unaware they have the right to fight back. Workers unaware of their rights are less likely to speak up when they experience something unsafe or illegal, thinking they have no power to ask for change. Undocumented workers have the same rights as all other American workers to a safe and healthy workplace. When injuries result from negligence, they can seek representation, compensation, and retribution from their employers. What Laws Protect Undocumented Workers? The laws that protect undocumented workers are the same for all American workers in New York State. Immigration status does not imply whether a worker can file a claim or a lawsuit against an employer for negligent practices. Employers who say or make threats to the contrary are breaking the law. These are the laws all undocumented workers should be aware of and how they can protect their rights after a work accident: New York State Labor Law The New York State Labor Laws protect all employees from foreseeable harm, requiring companies to provide
Dangers of Back-to-School Buses
Long Island and New York City students are officially in back-to-school mode. While some will walk, bike, or ride to classes in personal vehicles, millions of students will be hopping back on the big yellow school bus for their daily commute. Sadly, school buses are not as safe as we would like for riders or other motorists and pedestrians sharing the road. School bus-related accidents take the lives of hundreds of people every year and cause serious injuries to tens of thousands of others. Therefore, it’s essential for the safety of all New Yorkers that you take precautions this school year to avoid preventable accidents. School Bus Accident Statistics From 2007 to 2016, the National Highway Safety and Transportation Administration (N.H.S.T.A.) reported 1,282 school bus-related fatalities, most of which were pedestrians on sidewalks or crossing the road. Among these victims, 281 were school-aged children: 116 were occupants of other vehicles, 98 were pedestrians, 58 were riding the bus, 8 were cyclists, and 1 was a non-occupant. The majority of fatal school bus accident victims were individuals 19 years and older. The fatality rates across all age groups including: – <5 with 11 deaths; – 5-7 with 44 deaths; – 8-13 with 57 deaths; – 14-18 with 44 deaths; and – 19+ with 178 deaths An additional study conducted by the National Safety Council (N.S.C.) reported that in 2019 alone, 109 people died in school bus-related accidents. Considering that a school year is approximately 180 days, this leaves only a third of the school year where there are zero school bus-related fatalities. Most of the fatalities reported in the N.S.C. study involved occupants of other vehicles (79), while the remainder included pedestrians (15), school bus passengers (4), school bus drivers (5), and cyclists (6). Fatal accidents were more common during the morning and afternoon drop-off times, between 6:00 am to 9:00 am and 2:00 pm to 5:00. Several accidents were also recorded from 5:00 pm to 11:59 pm, presumably when buses returned to the bus yards at the end of their shift. School-Bus Accident Risk Factors Now that most students are going back to in-person classes, buses will be in full swing once again. School buses tower over most pedestrian vehicles on the road, weighing in at 24,000 pounds. Buses cannot stop as quickly or maneuver as gracefully to avoid road hazards. This incapacity can lead to devastating accidents when encountering smaller vehicles, pedestrians, and cyclists on the roads, especially when kids are in tow. The most common risk factors leading to school bus-related accidents include: Congested Roads School buses, especially those operating on busy NYC streets, have little room to move around or switch courses quickly. Cars that do not stay alert to school buses stopping can easily rear-end these vehicles when they stop to load/unload. Similarly, bus drivers who are distracted on congested roads can rear-end passenger vehicles in stop-and-go traffic. Congested roads are also far more dangerous for students waiting at the curb or who must cross the street after they exit the bus on their way home. Reckless Drivers No one wants to be stuck behind a school bus when they have a place to be, but some drivers will do whatever it takes to get around them– even if it puts others in danger. Reckless drivers have been known to tailgate and weave through buses to avoid becoming stuck. Others try and illegally pass, putting school buses at risk of rollovers, sideswipes, swerving into people or permanent structures, or colliding with other oncoming vehicles. Bus Chaos Accidents that are caused by bus driver errors can sometimes be related to chaotic environments within the vehicle. School buses that operate without proper supervision can lead bus drivers to become distracted or overstimulated. These qualities lead drivers to miss road hazards they would generally catch, leading to increased accidents. Schedule Adjustments At the start of the school year, accidents often occur when motorists are unprepared for back-to-school traffic and activity. Drivers who are used to commuting every day in the summer can be caught off-guard by the influx of school busses and are not prepared for students waiting on the side of the roads. Dark morning hours can also contribute to accidents, reducing a driver’s visibility. Lack of Seat Belts While all school buses are required to install lap belts, not all districts require students to wear them. In the case of an accident, passengers are more likely to propel forward into seats, windows, and other hard components on a bus, leading to traumatic and sometimes fatal injuries. How To Avoid School Bus Accidents We send out kids to school to learn, not to become injured during transportation. Most school bus-related accidents are entirely preventable when all parties operate, ride, and share the road with care. It’s up to all of us who share the roads to look out for school buses and students this fall, following proven safety methods to keep everyone safe. Vehicle Safety If you are driving in the morning, look out for students crossing the road to their bus stops and busses with flashing lights to signal that a bus is loading/offloading. Give buses plenty of room to move about the road. Keep your speeds low through neighborhoods and school zones and refrain from pulling aggressive maneuvers to get around busses. If you continuously find yourself behind a stopping bus, leave a little early or try to take an alternate route to avoid being late for your commitments. Most importantly: never pass a bus with flashing lights and stop signs activated. Pedestrians and Cyclists Safety Pedestrians and cyclists can stay safe by remembering that school buses have a hard time seeing you in the dark or if you cross the road unexpectedly. Never assume that a bus sees you coming or that they will stop when approaching you at an intersection. Remain visible and in designated walking or cycling lanes when available to allow school buses ample room to pass. Please take notice of the bus routes in your area and avoid them whenever possible. Parents Safety Tips Keeping
Can you Sue If You Didn’t Seek Medical Care After an Accident?
When someone suffers an injury due to an accident, the first step is often to seek medical care. However, there are instances when one may not immediately go to a doctor. Some such reasons are delayed symptoms, minor cuts/bruises, an assumption that one is not hurt, or the injury is not serious enough. In such a scenario, people may be left wondering if they can still seek compensation since they did not seek medical attention. We are here to answer that for you. Insurance Company Needs Medical Records It is as simple as that; an insurance company of the at-fault party will not give you compensation if there is no proof of your injuries. In that regard, medical records validating the severity and cause of the injury become pertinent. Since you will not have any documentation of your injuries whatsoever, it is very simple for the insurer to reject your claim. Hence, every personal injury attorney will always advise you to seek medical attention after an accident regardless of the severity of the injury. Taking too long to seek medical care In an alternate scenario, if one takes too long to seek medical care, they may also face some issue in recovering their compensation. Here’s why. It is best to have medical documentation as close to the date of the injury as possible, preferably the same day. But the longer the gap, the more complicated the claim becomes. It is so because the insurer may argue that since you took so long to seek treatment, it is likely that injury was not serious enough and one is not entitled to the compensation they’re seeking. The onus of proving damages lies on the plaintiff In a personal injury case, the victim must show that the at-fault party’s negligence caused the injuries as well as the damages that led to incur expenses, suffer losses, or experience emotional anguish. In that case, if there are no medical records, it is difficult for you to prove the existence of injuries as well as the fact that the seriousness of the injury led to other expenses as well. What to do if you get injured? As the top injury attorneys in New York, we advise to ALWAYS seek medical care as soon as you get injured. The severity of the injury does not matter. It is absolutely critical that you visit a doctor and get medical attention as well as adequate documentation. It will make the process of getting the deserved compensation simpler. At the same time, remember to keep your medical records safely as well as track/journal all the appointments and treatments that you took. If you or someone you know has suffered an injury due to someone’s negligence, you need a top injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.
