New York Motorcycle Laws
Whether it’s the convenience of a motorcycle in New York City or the beauty of upstate New York’s scenic roads, we understand your passion for riding. But we also fully understand the legal and safety ramifications of riding a motorcycle amongst other drivers who can become distracted at any moment’s notice, and the Insurance Institute of Highway Safety has conducted a survey concluding that around 4,000 motorcyclists pass away as a result of traffic incidents each year. There’s no doubt about it that the causation of some of these traffic incidents only have the motorcyclists themselves to blame, but other parties also are many times at fault. It’s important to remain as safe as possible while motorcycling throughout New York, and by following all of the motorcycle laws described below you’ll be more knowledgeable and readily protected as you go to all your destinations. If you or a loved one was injured in a motorcycle accident that wasn’t your fault, contact one of our expert attorneys for a free case review so we can help you with insurers in terms of proving who was the true at-fault party for the crash’s occurrence. What’s Needed in Order to Obtain a New York Motorcycle License? The first thing that’s necessary in getting a New York motorcycle license is obtaining a Class MJ, M Class license or Learner’s Permit. In order to get a learner’s permit you must pass a written test that is administered by the New York State DMV in one of their testing centers. A road test is then administered for the individual to get their actual license. Applying for a Motorcycle Learner’s Permit Getting a learner’s permit in New York is relatively easy if you make sure to follow these very easy steps: Study up on New York’s Motorcycle Operator’s Manual so you can be properly prepared for the written test. You can also receive a written copy of the manual from any DMV. Complete a DMV Application for Driver License, or a Non-Driver ID Card Bring proof of identity and age (bring your driver’s license if you have one) Bring $10 for the motorcycle license and application fees The Road Test One thing that’s important to remember about the road test is that a licensed motorcyclist must accompany the person taking the test, and the test examiner must be provided with a car or truck to use while monitoring the test taker. It’s important to note that if you take your road test with a three-wheeled motorcycle then your license will be limited to those types of motorcycles. You don’t necessarily have to take the road test if you have a driver’s license and a motorcycle learner’s permit and then complete a certified educational training course provided by an instructor from the Motorcycle Safety Foundation. Required Protective Gear All motorcyclists and passengers are required to wear approved helmets that abide by the Department of Transportation’s safety standards. Eye protection is also required for all riders, and this eyewear must abide by the safety stipulations of the American National Standard Institute. Additional Required Equipment The following is a list of additional equipment for legal motorcycle transportation in New York: At least one red rear fender Brakes on both wheels produced after 1971 Directional and turn signals produced after 1985 A horn or alternative warning device At least one rearview mirror (two are recommended) A muffler (removable baffles and cutout mufflers are illegal) Handlebar grips less than 15 inches above the driver’s seat Front headlight, rear tail light, stop lamp and license plate lamp Legal Riding Procedures When you consider the fact that about 40% of accidents involve cell phone use, it’s never a bad idea to refine your knowledge of the following laws that have been made in New York to keep motorcyclists safe. Your presence on the road is paramount to keeping you and your loved ones visible amongst distracted drivers. Utilizing Headlights New York law states that motorcyclists must use their daytime headlights at all times, and this law does allow for headlight modulators. Using Footrests When it comes to motorcycle passengers, they too must have proper seating and footrests. Lane Sharing It is legal for motorcyclists to share a lane with one another, but only two motorcycles can ride side-by-side per lane. Lane Splitting Passing by cars in between lanes on dashed lines within slow or stopped traffic is illegal in New York, and the only state that legally allows for this kind of passing is California. This act of moving in between vehicle lanes is also prohibited at higher speeds. Helmets with Speakers Motorcycle helmets are only allowed to have one earphone. Contact a Trusted Motorcycle Injury Lawyer Today If you or a loved one has suffered from any type of motorcycle incident injury and wasn’t responsible for the causation of the accident, then do not hesitate to contact Siler & Ingber, LLP at 877-718-6079 so you can begin conducting a full case evaluation with a group of New York’s most experienced personal injury lawyers.
New York No-Fault Regulations
New York officially became one of 12 no-fault insurance states back in the 1970s, and the main goal for implementing this law was to protect drivers by making sure that insurance companies would cover general costs associated with car accidents no matter who is responsible for the accident’s occurrence. This law helps to expedite the compensation process for people who are injured in car accidents across New York because they won’t necessarily have to dispute who’s at fault before being paid for expenses like medical bills, lost wages and other medical needs associated with the accident. How Much Do No-Fault Laws Cover? Every New York insured vehicle will be provided a maximum of about $50,000 in no-fault coverage for everyone who was within the insured vehicle at the time of the accident. No-fault insurance will help cover up to 80% of an individual’s gross wages that someone may lose because of an accident-induced injury, but the maximum provided ends up being $2,000 per month. No-fault payments are not taxable, which is why the state exempts 20% of an individual’s monthly gross wages. No-fault laws in New York are designed to help people receive compensation from insurance companies for any type of legitimate economic losses, and this often includes hospital and ambulance expenses, prescription drugs, doctor bills, diagnostic tests, physical therapy and lost wages. One of the main things that no-fault laws don’t cover is pain and suffering, which is something an individual would have to make an additional claim for against the at-fault party of the accident. Bodily injury claims are separate and distinct from no-fault claims, and they typically are the result of someone suing another party for their injury on top of pain and suffering. Bodily injury claims have different rules and laws associated with them, including coverage, standards of proof and available compensation from insurance companies. Who’s Eligible for New York’s No-Fault Benefits? You must meet the following criteria to be able to receive New York’s no-fault insurance benefits: Your insurance policy was either sold within New York, or was issued by an insurance provider that is licensed within New York. Your vehicle must be a compact car, truck, bus or taxi. Only the people involved (drivers/passengers) in an insured vehicle receive coverage, including bicyclists and pedestrians struck by an insured vehicle. The accident must take place within New York. The person(s) injured in a crash must be a driver or passenger within an insured vehicle, or a pedestrian/bicyclist struck by an insured vehicle. The insured vehicle needs to be registered within New York. Who’s Not Eligible for No-Fault Insurance? The following are typically not covered by no-fault insurance: Motorcyclists and motorcycle passengers Operators and passengers of scooters or Vespas Those who get in an accident within their vehicle, and don’t have auto insurance. Those with out-of-state insurance policies, or with policies from an insurance provider that isn’t licensed within New York. Drivers who were injured/involved with an accident while under the influence of alcohol or drugs. Filing a No-Fault Claim There are many strict steps that must be followed correctly when filing a no-fault insurance claim. Although the whole purpose of the no-fault law was to help expedite the compensation process, insurance companies have made this entire procedure very difficult by taking advantage of any mistakes a claimant may make in order to deny coverage. This can include very minor mistakes like missing a filing date, a doctor’s appointment, or incorrectly entering out a form. Sometimes insurance providers will even deny claims that are perfectly filled out simply because one of their doctors doesn’t think you require treatment. It’s crucial that everyone adheres to the following steps to avoid being denied benefits: Complete the no-fault application, or NF-2 form, provided from your insurance company. You can also always request this form as well. This form may come from the other party’s insurance carrier. If you were a pedestrian/cyclist struck by a car and you own a car, you can also send this application through your own insurance company. File the application, and make sure you do so within 30 days of the accident’s occurrence. If you fail to meet this strict deadline then your entire application is deemed void. Send the application to the correct insurance provider, and this can include the company of the car that struck yours, your insurance company, or the company associated with the vehicle you were riding in. There are incidents in which some drivers are uncooperative in providing this type of information, which is why you must always call the police and have them file an official accident report. Submit all forms. You also must submit all medical bills and lost wages forms within a timely manner. Medical bills typically must be submitted within 45 days of treatment, and lost wages must be submitted within 90 days of the accident’s occurrence. Why Contact a Lawyer? No-fault laws have dramatically changed into very adversarial insurance disputes, and these rules are regularly changing making it more and more difficult for injured people to comply with every single necessary insurance element. Our team at Siler & Ingber, LLP won’t charge you for handling any no-fault aspects of your case while simultaneously handling your personal injury litigation, and all of us are familiar with no-fault regulations. We understand those subtle nuances of New York insurance companies and can help you navigate through any of their attempts to deny your benefits.
Blood Test For D.U.I.
Blood Drug Tests For Drugged Drivers Could Be Coming! Would you allow a police officer to draw your blood during a traffic stop? In the next year or so, you may not have a choice. Police departments have been relying on breathalyzers to catch intoxicated drivers since the 1940s. But with ten states officially legalizing the recreational use of marijuana, and New York possibly in line to become the 11th, the rules for detecting drivers under the influence behind the wheel are about the change. According to Insurance Journal, D.U.I. police officers in Phoenix, Arizona have begun issuing on the spot blood draws for drivers suspected of operating their vehicles under the influence of marijuana. In a situation that occurred back in January of this year, a driver was pulled over on a Friday night after he was spotted by police speeding and weaving in and out of his lane. The driver failed a field sobriety test but passed the breathalyzer test. When he admitted he had smoked marijuana a few hours before, the officers took the necessary steps to secure a warrant, mandate a blood draw, and obtain a lab report showing his THC levels all within 79 minutes. According to the National Institutes of Health (N.I.H.), an estimated 12.8 million people in the United States drove under the influence of illicit drugs in 2017, some flying entirely under the radar. With New York legislators looking to legalize marijuana by the end of 2019, all residents should be educated on the dangers of driving under the influence of drugs and what methods could be coming down the line to detect these harmful substances. Drugged Driving Is On The Rise One of the most significant stances against legalizing marijuana is the possibility of seeing more drugged drivers on the road. For some states, this possibility has become a reality. A report released last October by the Insurance Institute for Highway Safety (I.I.H.S.) analyzing police crash rates in states that have legalized marijuana found that drug-related traffic accidents are on the rise. The study examined the police-reported crash rates in Colorado, Washington, and Oregon, all states who have legalized the recreational use of marijuana. This is what they found: Colorado: The effect of recreational marijuana legalization increased crash rates by 7.4%. Washington: The effect of recreational marijuana legalization increased crash rates by 3.6%. Oregon: The effect of recreational marijuana legalization increased crash rates by 4.3%. Unfortunately, because there are currently no comprehensive road tests for testing the level of drugs in someone’s body, the true prevalence of drugged driving our nation’s roads is unknown. Other factors according to the N.I.H. that are impeding our ability to collect information on drugged driving include: How long drugs stay in your body: The amount of time that an illicit substance stays in a person’s body can range from days to weeks. Determining when the drug was used is difficult when you factor in each person’s metabolic rate, the type of substance they used, and how often they use the substance. Police don’t always test for drugs: If a driver tests positive for drunk driving, police departments typically do not pursue more testing to determine if there are other substances the driver could have taken in addition to consuming alcohol. They also may only record the presence of alcohol in someone system which could skew the data on drugged driving crash statistics. It’s hard to tell which substance caused the accident: Even if police officers did initiate more drug tests for individuals found guilty of drunk driving, it’s difficult to tell which substances inevitably led to were the someones inability to drive safely. Top Three Drugs Affecting Drivers Drivers under the influence of any substances can have poor judgment and reaction time when behind the wheel of a car, but the N.I.H. lists three specific drugs that are causing most of the drug-related accidents: marijuana, methamphetamine, and opioids. Marijuana Marijuana is the most common substance among drivers who operate their vehicle under the influence of drugs. Available in a variety of different forms, marijuana is easy to get and even easier to take too far, too quickly. Marijuana affects your cognitive functions and psychomotor skills that are critical when it comes to driving. These skills affect the parts of the brain responsible for time and distance perception, drowsiness, vigilance, reaction time, divide attention, lane tracking, and overall coordination and balance. Methamphetamine Drivers under the influence of methamphetamine or cocaine display some of the most dangerous and aggressive behaviors on the road. According to Addiction.com, these drivers are highly likely to speed, swerve, fail to react to traffic signals, tailgate, and perform risky maneuvers in traffic or on congested roads. These substances can also cause a driver to have trouble speaking coherently, sitting upright, and make them more prone to violent road rage. Opioids With the opioid epidemic affecting our entire country, it is not surprising that some drivers would be heavily under the influence of these drugs on the road. According to WebMD, the most popular opioids include codeine, fentanyl, hydrocodone, hydromorphone, meperidine, methadone, morphine, and oxycodone. Whether illegally obtained or prescribed, these drugs most often cause drowsiness and can impair a driver’s cognitive functioning on the road. Should States Start D.U.I. Blood Testing? As of now, blood testing appears to be the wave of the future when it comes to drug testing drivers. Here’s how the process in New York could work if it were modeled after the Phoenix Police Department: Police officers would be trained and certified in drawing blood. In the field, officers would be equipped with a special chair and table for blood testing at traffic stops or D.U.I. checkpoints. If a driver refused a blood draw, officers could file for an electronic warrant for the blood draw via a laptop or electronic device at any time of day. On-call judges would be available to approve warrants in a matter of minutes When a blood sample is collected,
Immigrant Workers In NYC
Immigrant Rights In The Workforce Immigrants are an imperative part of the American workforce and have been for centuries. In 2017, there were at least 28 million immigrants reported in the United States labor force according to the Migration Policy Institute, and over half of them were employed in jobs that could be hazardous for their health. Unfortunately, some employers believe that immigrants do not deserve the same rights as American born workers simply because of their citizenship status. Consequently, immigrant workers may also believe they have no right to speak out regarding unsafe working conditions or to seek legal representation if they are injured due to negligence on the job. Just because an immigrant is employed in a job that is dangerous does not mean they should expect to be injured. It’s important for all New York State and New York City workers to know that they are protected under the law from unsafe and unhealthy work conditions. Spreading awareness regarding the rights of immigrant employees could not only reduce these harmful behaviors but give a voice to a working population that has been severely neglected and taken advantage of in the past. Higher Risk Jobs About 17 percent of the American workforce is made up of immigrants and more come to this country looking for work every day. According to the New York Committee for Occupational Safety and Health (N.Y.C.O.S.H.) the number of migrant workers in the U.S. almost tripled between 1970 to 2017. Because of certain factors such as citizenship status, educational deficits, and language barriers, immigrant workers ages 16 and older tend to be employed in more hazardous and dangerous jobs than American born workers. The Migration Policy Institute illustrates these labor trends between immigrant and American born labor trends in 2017 analysis on the United States labor force: Immigrant Workers: Management, Business, Science and Arts: 33% Service: 23% Sales and Office: 16% Natural Resources, Construction, and Maintenance: 13% Production, Transportation, and Material Moving: 15% American Born Workers: Management, Business, Science and Arts: 39% Service: 17% Sales and Office: 24% Natural Resources, Construction, and Maintenance: 8% Production, Transportation, and Material Moving: 12% The number of immigrant workers in occupations that are more physically demanding and dangerous are significantly higher. Migrant workers were more commonly seen in positions such as construction, roofers, electricians, roofers, carpenters, mechanics, maintenance workers, power-line installers, manufacturing, and farming, where exposed to hazardous materials and machinery was more prevalent. Higher Work Fatality Rates While immigrant workers make up nearly one-fifth of the American workforce, they are involved in almost one-third of annual workplace fatalities. According to an N.Y.C.O.S.H. report examining workplace injury and fatality statistics in the New York State construction industry titled It’s No Accident, there were 196 worker fatalities nationwide in 2012 and 64 of these workers were immigrants. The disproportionate rates of fatalities, as explained by Annual Reviews, is most certainly linked to the higher rates of exposure to several different occupational hazards, including: temperature related illnesses from working outdoors (extreme cold or extreme heat); exposure to pesticides; exposure to hazardous chemicals; physical injuries from repetitive motions, fast-paced work, or heavy lifting; high workplace demands and stress of losing employment; lax safety standards; and workplace abuse by coworkers or supervisors. When taking a look at the causes of these worker fatalities, the N.Y.C.O.S.H. report showed that the immigrant construction deaths were all caused by common workplace accidents in the industry including transportation, slips, trips, and falls, and contact with objects or equipment. These accidents are known for decreasing in numbers when proper safety measures and training are put in place, leading to the belief that immigrant employees are not receiving the same safety precautions their coworkers are to help keep them safe on the job. Unique Occupational Risk Factors Even in a safe working environment, immigrant workers can be at unnecessary put at risk of injuries or adverse health consequences of the workplace. Annual Reviews reports that migrant workers are more likely to face challenges at work such as: Language Barriers: Immigrants who are unable to communicate effectively with their supervisors may not know how to report unsafe working environments or behavior of other employees. Negative Work Culture: Work environments that are segregated between American born and foreign-born workers can create a divide in camaraderie at the workplace. In jobs such as construction where mentoring is extremely important, migrant workers may not receive the same advice and guidance as to their coworkers due to language barriers or prejudice in the workplace. Toxic Political Climate: Immigration is consistently a hot topic in politics and can cause added stress for employees who face discrimination from supervisors, coworkers, customers, or other individuals they interact with at work. While undocumented workers face high risks of hate crimes and discrimination, documented immigrants can receive the same treatment only by assumptions that they could be undocumented. Exploitation: In cases of undocumented workers, some employers take advantage of the fear that these workers will not complain about unsafe working conditions to avoid the possibility of losing their jobs or risking deportation. These employers exploit workers by expecting double the amount of work for little pay and do not put the effort or funds into safety training that could protect their lives on the job. Unfair Wages: Migrant workers who are both documented and undocumented may not stand up for their rights to fair wages. Undocumented workers are two times as likely to experience wage violations than documented workers but both commonly hold back complaints to avoid causing future consequences such as termination from their jobs. Lack of Health Care: Immigrant workers often lack access to health care that they would need in the case of a work accident or injury either due to lack of knowledge or lack of documentation. If injured at work, they may not seek treatment which could lead to significant long-term health conditions or even death. Inadequate Safety Training: Safety training that can protect immigrant workers from occupational injuries may not be
Swallowing Injuries
ER Visits Doubled for Young Kids Because of This… American children are going to the emergency room more than ever before from swallowing dangerous items. According to The New York Times, a recent study published last week in the journal Pediatrics revealed that the number of children under 6 who were medically seen for swallowing toys, coins, magnets, batteries, and other small objects has almost doubled in a 20 year period; 43,000 emergency room visits in 2015 compared to the 22,000 in 1995. Authors of the study and health experts describe the uptick in these terrifying accidents as alarming and are warning parents to stay alert. All parents and guardians should be educated on the life-threatening dangers ingesting these small items can cause to a child and how to reduce access to products that could contain harmful pieces to decrease the number of tragic injuries. The Most Dangerous Items To Swallow Young children will put almost anything in their mouth, especially if the items even remotely resemble a piece of candy or food. While some things children ingest are simply disgusting, other small items are causing catastrophic and fatal consequences. According to the National Poison Control Center, these are the most dangerous items children can ingest: Small Batteries: Many products now contain a small button or coined shaped lithium batteries that can fall out or be easily removed by children depending on the item. Batteries can burn a hole in a child’s throat or esophagus in just two hours, which can lead to the need for assisted breathing and feeding machines, complicated surgeries, and extensive rehabilitation. Magnets: Children can easily swallow small magnets from toys or adult products. Magnets can stick together through body tissues, including the intestines, which can lead to a loss in blood supply, infection, and internal bleeding. Children’s Jewelry: Chewing on a bracelet and necklace pendant is tempting and dangerous for children. Some jewelry (particularly cheap products) contain harmful ingredients that not only can become lodged in the throat, but cause serious damage to the body. In 2010, a Disney necklace from ‘The Princess and The Frog’ movie was recalled because it contained cadmium- a product that can cause kidney and bone damage when swallowed. Coins: Contrary to popular belief, coins do not always pass on their own. At least 80 percent of surgeries needed for children who swallowed foreign object involved coins. These little ones can do serious damage if left in the body. For instance, pennies made after 1982 carry high amounts of zinc and low amounts of copper. Zinc can eat away at the stomach lining and cause bleeding ulcers and vomiting when ingested. Small Toys and Plastic Pieces: One of the biggest concerns with children swallowing small plastic items is choking. If the item is big enough, it can lodge in the airway. Even if the object is small enough to pass through, if it is sharp, it can cause damage to internal organs. What’s Causing The Uptick Visits Unfortunately, more research is required to determine why there has been a dramatic increase in emergency room visits for swallowing incidents in children. Some of the theories for the upward trend include: Battery Changes: More and more consumer products (including toys) are moving away from the standard alkaline batteries to opt for the lithium coin-sized batteries that are easy for kids to swallow. According to com, these small batteries are known for holding an extended charge and make items more portable. Because more of these items are hitting the market, the need to keep replacements around the house has grown which has also increased children’s access to products that contain them. Cheaper Products: Kids toys have become more complicated and cheap. Not only are they coming with hundreds of little pieces, but poor quality toys can easily fall apart and expose children to small items that fit perfectly in their mouths. Even though toys have age limits, young children with older siblings or who receive items inappropriate for their age can swallow harmful pieces faster than the time it takes for a parent to notice they are dangerous. Children Have More Toys: Modern day children have far more toys than children in the past. The increase in toys has also increased the number of chances children have to choke or become injured when swallowing small items or pieces. Every occasion has become a gifting occasion for our youth and it can be hard to keep track of which toys are safe when so many are entering our homes every year. Don’t Ignore These Symptoms Old wives tales encourage parents that what goes in must come out- don’t take this advice. According to the Cleveland Clinic, if your child is displaying any of the following symptoms after swallowing an item, seek medical attention immediately: gagging; excessive drooling; stomach pain; vomiting’ trouble swallowing; and problems going to the bathroom. If your child swallows a dangerous item such as a battery, magnet, or coin, do not wait for symptoms to arise before calling your doctor and visiting the emergency room. If you did not see your child swallow these items, and have some reason to believe they did, seeking medical attention is much safer than waiting it out. How To Reduce Swallowing Accidents Parents cannot keep an eye on what their child is popping in their mouth every second of the day. Prevention is one of the only techniques parents can use to help reduce the risk of swallow injuries around their home. These recommendations can help get you started: Keep all batteries out of reach; Tightly secure the battery compartment on items such as key fobs, remotes, cameras, watches, flameless candles, and all other products using small batters. If it cannot be secured, keep it out of reach; Get on your kids level. Anything they can put in their mouth should be removed or placed in a secure location out of their reach; Do not allow your children to chew on items that have batteries,
New York Dram Shop Laws
New York is similar to many other states in that if you end up being injured due to an intoxicated individual’s own negligence, you can then bring up any type of personal injury claim against that person. But here in New York your legal options don’t necessarily stop with a claim against the intoxicated individual, and you can also potentially have a legitimate claim against the business, or any other third party, which provided the intoxicated person with alcohol. These particular personal injury cases are known as dram shop claims, and the historical reasoning behind this name is because alcohol was once sold in measuring units called drams. New York’s Dram Shop Act is found in the state’s General Obligations Law sections 11-100 and 11-101, and there were many cases throughout the 1990s that helped fully interpret and establish the overall limits of New York’s Dram Shop Act. These types of cases have now become more prevalent again throughout New York in the past few years, and this article will provide you with a refresher on the intricate details of dram shop cases by looking into third-party liability for alcohol-related accidents, what dram shop laws cover, what plaintiffs must prove, as well as the more subtle nuances that clients and attorneys alike sometimes forget about. Underage Drinking & Social Host Liability Let’s first look into the letter of New York’s Dram Shop Act, per Sections 11-100 and 11-101. Section 11-100 discusses the liability when a minor is the intoxicated person in an alcohol-related incident, and Section 11-101 delves into the liability when a business or alcohol provider illegally gives alcohol to an intoxicated person. In both these situations the person who is injured in the alcohol-related accident can bring about a personal injury claim against the establishment/party who provided the alcohol, under the following stipulations: The business/vendor knowingly caused an individual to become intoxicated/impaired through unlawfully providing alcohol to the individual (11-101) The business/vendor knowingly caused intoxication through providing alcohol to an individual they knew was under 21, or to someone they had a reasonable belief to be under 21. It’s important to understand that alcohol beverage vendors or social hosts are not held liable in New York if they legally provide alcohol to someone 21 or over, even when that intoxicated individual injures someone else due to their intoxication and overall negligence. But there are many caveats to what constitutes a legal and illegal provision of alcohol, and the illegal conduct that 11-100 and 11-101 set forth is officially defined as, “No person shall sell, deliver or give away or cause or permit or procured to be sold, delivered or given away any alcoholic beverages to (1) Any person, actually or apparently, under 21 years and (2) any visibly intoxicated person.” What Do New York’s Dram Shop Laws Cover? A major part of dram shop laws essentially make it illegal for businesses to serve alcohol to anyone who seems visibly intoxicated, and this legal definition of visibly intoxicated is relatively left up to the employee who is serving alcoholic beverages. Some of these signs may be bloodshot eyes, a general lacking in overall physical coordination and slurred speech. We’ll discuss the visible signs of intoxication and the legal implications involved with this tricky part of dram shop laws more below. One of the more unique aspects of New York’s dram shop laws is that the intoxicated patrons themselves cannot actually sue the business establishment that served them. But in turn, the business defendant could potentially be held liable for the damages that a patron of the business establishment causes to a third party. An example of this would be a bar/restaurant serving an intoxicated individual and then that person drives off and hurts someone, which subsequently could lead to the injured person suing the bar for personal injury contributions. Dram shop laws also go much further than just vehicular accident, and can include situations like when a bar patron fights or attacks an innocent bystander, or hurts any type of pedestrian. These laws also cover the overall legal prohibition for serving known habitual drunkards as well. What Must Plaintiffs Prove for a Successful Dram Shop Claim? If a drinking establishment of any type is to be held liable, then it’s crucial that a plaintiff proves the following: The person who caused the injury was intoxicated at the time of the incident The defendant (business) sold liquor to the intoxicated individual The defendant contributed to or ultimately caused the injury-inducing person’s subsequent intoxication If a plaintiff can prove all three of these stipulations then the drinking establishment defendant may be held liable for the overall direct actions taken by the patrons, as well as any type of situation in which a patron was part of a party that was connected to an incident that induced a third party injury. Commercial Sale of Alcohol Most courts have been consistent in holding 11-101 of the New York Dram Shop Act to applying solely within the context of alcoholic beverage commercial sales, which is legally defined as the sale of alcohol for profit. There have been dram shop claims denied within certain extenuating circumstances beyond the traditional definition of a commercial sale, including situations like an office social function or an employer allowing their employees to have free alcoholic beverages during their work shifts. Dram shop liability also does not apply in situations when alcoholic consumption occurs within the private home, which includes underage consumption, given the undisputed facts that alcohol was not commercially sold within the private home. Direct Tortfeasor Sale Once a commercial sale is confirmed within a dram shop claim, the determination of the liquor sale as direct or indirect to the tortfeasor is then established. Any type of indirect sale, regardless of the quantity of the sale, makes dram shop liability invalid for a vendor or business. This is because the New York Court of Appeals has held that a dram shop liability defendant does not have the
205-e Injured Officers’ Right to Sue
Police officers put themselves in the line of fire every day — both literally and figuratively. Whether responding to an emergency or simply pulling over a speeding driver, the job of New York law enforcement officers is filled with dangers and the possibility of serious injury or even death. The New York Legislature has recognized that police officers are uniquely vulnerable to on-the-job injuries. It enacted a law designed to allow officers to seek compensation for losses they suffer in the line of duty. If you are a New York police officer who has been hurt at work, a skilled Long Island workplace injury lawyer can work with you to determine if you are able to file a claim under this law. New York Police Officers Are Not Limited to Workers’ Compensation In New York, workers are usually barred from suing their employers if they are insured on the job. Instead, they are typically limited to filing a claim through the workers’ compensation system, a type of no-fault insurance through which employees can access cash, medical, and other benefits. What is the 205-e Law? However, there are some exceptions to this general rule. Under New York General Municipal Law 205-e, police officers who are injured on the job may be able to file a civil lawsuit in certain circumstances. According to a Long Island workplace injury lawyer, if the injury — or death — was a result of a failure to comply with the law, the responsible person can be held liable for the officer’s injuries. In situations where the officer died, the surviving family members can file a wrongful death lawsuit under section 205-e. These types of lawsuits can be filed against any party who caused an injury or death, including the police officer’s employer or coworker. If a lawsuit is filed against a municipality or other government entity, special rules and deadlines apply to the case. An experienced Long Island workplace injury lawyer can work with you to help ensure that your claim is filed properly. New York police officers may also file lawsuits against individuals, businesses, and other entities. For example, consider a situation where a police officer responds to a call involving a business being robbed, and hazardous conditions on that property cause an injury to a police officer. If those unsafe conditions violated state or local building codes or safety ordinances, the police officer could file a lawsuit against the business for his or her injuries. Similarly, if a vehicle failed to yield right of way to a police car with flashing lights and a siren, causing an accident, the police officer could file a lawsuit against the driver of that car. Another example of a potential section 205-e lawsuit would be if a suspect assaults a police officer. The officer could file a claim against the suspect for any injuries suffered as a result. Section 205-e lawsuits can be complicated, particularly if they involve a municipality, a co-worker, or a complex personal injury claim. Working with a skilled Long Island workplace injury lawyer can help ease the process and ensure that you get the compensation that you deserve for your injuries. Common Injuries for Police Officers According to the Bureau of Labor Statistics, police officers have a higher risk of incurring an on-the-job injury or illness compared to most other occupations. From 2009 to 2014, an annual average of 30,990 nonfatal injuries involving days away from work were reported for police and sheriff’s patrol officers. From 2003 to 2014, an average of 115 police and sheriff’s patrol officers suffered fatal work injuries each year. The most common types of injuries suffered by police officers in the line of duty may not be surprising. They include: Violence by Persons or Animals: the primary cause of fatal and non-fatal injuries for police officers, violence by persons or animals accounts for 27% of non-fatal injuries and over 55% of fatal injuries. Transportation Incidents: this includes both vehicular accidents and officers being struck by vehicles while outside of their cars. It accounts for 14% of non-fatal injuries and 41% of fatal injuries. Falls: over 25% of non-fatal injuries involve slips, trips and falls. While these accidents are rarely fatal, they can result in devastating injuries, particularly if an officer strikes his or her head, neck, shoulders or back. Overexertion: more than 21% of non-fatal injuries are caused by overexertion on the jo, such as muscle sprains and pulls and torn tendons and ligaments. Contact with Objects: almost 9% of non-fatal injuries are caused by police officers struck by machinery or running into objects while responding to a call. This may result in lacerations, contusions and broken bones, or even internal injuries. Exposure to Harmful Substances: approximately 3% of all non-fatal injuries are caused by exposure to harmful substances, such as asbestos, toxic fumes, and chemicals. These injuries and others can lead to serious, long-term damage, or even death. A section 205-e lawsuit may be appropriate in order to seek compensation in the event of an injury. Work with a Long Island Workplace Injury Lawyer If you have suffered an on-the-job injury as a New York police officer, Siler & Ingber can help. We work with law enforcement officers throughout Long Island to help them recover compensation for their losses caused by violations of the law. We offer free initial consultations, where we will explain your rights and options. Our firm never charges a fee unless we recover money for you. Contact us today at 877-718-6079, or reach out online to schedule a free initial consultation with a Long Island workplace injury lawyer.
Bicycle Accidents
Bicycle Accidents In NYC Are Up Bicyclists in New York City should beware. This past January (a month not typically known for heavy bike traffic) saw a concerning increase in both bicycle injuries and traffic fatalities this year. With warmer weather right around the corner, riders should stay educated on the common causes of bicycle accidents and how to stay safe when riding on NYC streets. The Scary Statistics The beginning of the year was brutal for bicyclists in the city. According to an article published by Street Blog titled ‘Bloody January’,191 cyclists were injured in the first 28 days of the year, a 20 percent increase from 2018. NYC also saw a 90 percent increase in traffic fatalities involving pedestrians, bicyclists, and motorists within this time, totaling 19 traffic death compared to the 10 reported in the same period last year. When looking at the data across the five boroughs, each area (aside from Manhattan South which saw the only decrease) experienced an increase in bicycle injuries of at least 10 percent: Manhattan North- 15 injuries up 15.4 percent Brooklyn North- 41 injuries up 70.8 percent Brooklyn South- 40 injuries up 21.2 percent Bronx- 16 injuries up 45.5 percent Queens North- 31 injuries up 10.7 percent Queens South- 10 injuries up 233 percent Why there has been a sudden increase in bicycle injuries is still a mystery. A few theories highlighted in the article include: Too many accidents: There were over 14,538 collisions in NYC just within the month of January. Even though traffic accidents appear to be on a downward trend by at least 8.4 percent, the high volume of crashes poses a significant threat to bicyclists and increases their risk of becoming a victim. Lack of law enforcement: Street Blog reports that some activists believe a lack of police enforcement is causing drivers to get away with reckless driving behaviors that are putting bicyclists in danger. Without the fear of hefty fines, drivers will continue their behavior until someone gets seriously hurt. More bikes are on the road: The efforts made by Vision Zero to provide more bike lanes for safe riding has increased the number of bicycle riders on the road which may have skewed the increase in injuries. However, the article points out that if these safety measures truly worked, the rise in bike safety initiatives should have led to a decrease in injuries regardless of the number of riders in the city. More cars on the road: The New York City Department of Transportation (DOT) reported that there has also been an increase in the number of registered motor vehicles on the road. This could be making it harder for bicyclists to ride safely through highly congested streets. Most Deadly Accidents For Bicyclists We may not know exactly what is causing the recent spike in bicycle accidents, but we do know which accidents have the deadliest results. These are the top three bicycle accidents involving motor vehicles that cyclists should be watching for to avoid catastrophic accidents this season: Failure To Yield: Bicycle riders are in the most danger when riding straight through intersections. Too many motorists do not expect bicycle riders to follow the same traffic rules and regulations as cars. Drivers most often neglect to allow bicycles the right-of-way because they are not paying attention, assume that cyclists will stop for them, or falsely believe bicycles can change direction quickly enough to avoid an accident. Left-Hand Turns: Intersections can also pose a danger to cyclists when it comes to left-hand turns. In NYC, bicycle riders are three times more likely to be killed in a left-hand turn as compared to a right-hand turn. Cars who are in a hurry to turn left at a light can easily miss a bicycle riding straight if their focus is on beating the other vehicles. Dooring: Bicycle riders can suffer horrifying injuries when hit by doors while riding at full speed. Cars who open doors into bike lanes or into traffic put bicycle riders at high risk for accidents, especially when the cyclist’s first instinct it to swerve. More Bicyclists To Come For NYC Even with the overwhelming threat of permeant injuries and death, bicycle riders continue to enter the streets of NYC in swarms. And with more talk about congestion pricing and MTA fare raises, it’s predicted that even more bicyclists will prepare to hit the streets as the weather takes a turn. According to the DOT’s report, ‘Cycling In The City’, there are approximately 460,000 people riding their bikes in the city on any given day. Nearly 1.6 million people have ridden their bicycles within the past year at least one time, and over 800,000 cruises around the city on a regular basis. These growing numbers allow for plenty of opportunities for injuries and accidents to occur if more safety initiatives are not put into place on city streets. How To Keep NYC Cyclists Safe New York City has a long way to go when it comes to improving road safety for our cyclists. Drivers and cyclists need more predictability when it comes to sharing the road and fewer options for making fatal decisions. In addition to the changes the DOT has already made, here are some additional recommendations the department has considered for making NYC streets safer for cyclists: More protected bike lanes; New intersection designs; Delayed and restricted turning; More medians for better traffic flow; Marked left-hand only lanes; Eliminating the number of movements available in an intersection; Increase visibility with curbside lanes; Adding more on-street law enforcement; and More speed or traffic cameras to monitor driver behaviors. Bike Safe To Save Lives In collaboration with safer streets, cyclists can help do their part to prevent traffic accidents by following all city bicycle laws and practicing safe riding behaviors: Wear a helmet; Ride in the street, not on the sidewalk; Ride with traffic; Stop at red lights and stop signs; Use marked bike lanes when available; Ride in a straight line; Look, signal and
The Statute of Limitations for New York Car Accident Claims
If you have been hurt in a car accident, the last thing that you want to worry about is how long you have to file a lawsuit. Yet under New York law, there are very strict deadlines for filing legal claims — and these deadlines depend on a number of factors, such as who was involved in the crash. It can be incredibly overwhelming, particularly if you are already dealing with a painful recovery from your injuries. Fortunately, with the help of a Long Island car accident attorney, you don’t have to do it alone. Read on to learn more about the statute of limitations for New York car accident claims — and how you can get assistance if you have been hurt in a car crash. What Is a Statute of Limitations? A statute of limitations is a legal term that is essentially a time limit to file a lawsuit. In personal injury cases, it is the time that you have to file a legal claim after an accident or an injury. If you do not file a lawsuit against another person or entity for their negligent conduct within the statute of limitations, a court will dismiss your lawsuit and prevent you from suing the person who caused your injuries. For example, consider a situation where you were injured in a car accident in 2005. You were badly hurt, but because you were focused on your recovery, you didn’t even think about filing a lawsuit until 2010. You consult a Long Island car accident attorney, who immediately tells you that you don’t have a case. Why? Because the statute of limitations has run out, and either the other party will move to dismiss the case or the court will dismiss it if you attempt to file a lawsuit. This probably seems unfair, particularly if you are a victim of a car accident and have suffered serious injuries. However, the rule makes sense for both injured parties (plaintiffs) and those who are responsible for the accident (defendants). Witness memories can fade over time, so that their recollections are not accurate. It is also very difficult to collect evidence after an extended period of time, which can make it nearly impossible to prove a case. Many businesses, government agencies and hospitals may destroy or delete paperwork, documents, videos, photographs and other forms of evidence after a certain period of time — all of which could be critically important to your claim. In that sense, the rule encourages plaintiffs to file a suit in a timely manner, so that their case is brought while the evidence is fresh and they have the best chance of succeeding. Finally, this rule protects defendants from the threat of being sued for the rest of their lives over something that may have happened a long time ago. Once you have filed a lawsuit, the statute of limitations is no longer an issue. If the initial deadline has been met, then you can move forward with your case. New York Statute of Limitations for Car Accident Cases In New York, the statute of limitations for car accident cases is three years. This means that after you are in a car accident, you have three years to file a lawsuit — or else risk your case being thrown out entirely. Because the clock generally starts running immediately after your accident, it is important to consult a Long Island car accident attorney as soon as possible after you are injured. Consider a situation where you were involved in a car accident on March 15, 2016. You may have put off seeking legal help because you were more concerned with dealing with the immediate effects of the accident, like dealing with medical bills. However, now that it is 2019, the deadline to file a lawsuit is fast approaching. If you want to recover damages for your injuries, you should talk to a lawyer immediately to learn more about your rights and your options. There is one exception to the three-year statute of limitations rule. If a loved one is killed in a New York car accident, the statute of limitations is just two years. These cases are considered wrongful death claims, and must be filed as such. The statute of limitations in wrongful death lawsuits in New York is two years. When Does the Statute of Limitations Begin to Run? As a general rule, the clock starts to run on the date that the accident happens. However, in some cases, such as when a victim initially survives a car accident, but later dies, the statute of limitations does not run from the time of the accident. Instead, it runs from the time of the victim’s death, for the wrongful death lawsuit. There are also situations in which the statute of limitations is tolled, or paused. For example, if a minor (a person under the age of 18) is injured in a Long Island car accident, then the statute of limitations is tolled until three years after his or her 18th birthday to file a lawsuit. A skilled Long Island car accident attorney can analyze the facts of your case to determine whether the statute of limitations has run. There may also be special cases where the statute of limitations for Long Island car accident cases is shorter than two years, such as if the government was involved in the crash. In New York, you have just 90 days to file a formal claim against a city, county or the state of New York. There is a one-year statute of limitations for filing a lawsuit against a city or county in New York. How a Long Island Car Accident Attorney Can Help The attorneys of Siler & Ingber are committed to working with our clients to help them get the compensation that they deserve. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. If you have been hurt
Soft Tissue Injuries
Not every personal injury case involves a catastrophic fall or a major car accident. Many involve much smaller types of harm. While these cases may not seem as flashy, they are just as important — particularly to those dealing with the pain and discomfort associated with these types of injuries. One of the more common types of injuries suffered by many Americans is known as a soft tissue injury. It can happen in a low speed car accident, a slip and fall, or almost any other type of personal injury case. Working with a skilled Long Island soft tissue injury lawyer can help you recover the money that you deserve if you have suffered such an injury. What Are Soft Tissue Injuries? A soft tissue injury involves damage to the muscles, ligaments and tendons of the body. According to Johns Hopkins, soft tissue injuries can lead to pain, swelling, bruising and damage. They may be classified as: Contusions (bruises) Sprains Tendonitis Bursitis Stress Injuries Strains Soft tissues are found throughout the body, so these types of injuries can impact a person almost anywhere. A soft tissue injury may also lead to secondary effects. For example, a swollen area of soft tissue may press on a nerve, leading to significant pain. It may even cause the nerve to become compacted over time. In this way, even relatively minor soft tissue injuries may become problematic over time. Proving a Soft Tissue Injury Case Soft tissue injuries may happen in a number of different situations. A person may suffer a slip and fall while walking through a grocery store, tearing a ligament, or they may suffer whiplash during a car accident. The responsible party may be an individual, a corporation, or several people. Most soft tissue injury cases will involve an element of negligence. This is a legal term which means that the defendant (the responsible party) failed to act with due care to prevent an injury or loss. To prove this claim, a soft tissue injury lawyer will have to show that the defendant owed a legal duty of care to the plaintiff (the injured party). Next, the defendant must have breached this standard of care either through his actions or through a failure to act (such as by failing to mop up a spill on the floor of a grocery store). The plaintiff must then show that this breach caused the plaintiff’s injury, and that he or she suffered an actual injury. What to Do After a Soft Tissue Injury Soft tissue injuries can quickly escalate from a relatively minor discomfort into a major problem. That is why it is vital to be seen by a medical professional as soon as possible after receiving a soft tissue injury — no matter how it occurred. Immediately after an accident, you should go to a doctor or the hospital to be checked out by a medical professional. If you do not have any immediate symptoms of an injury, pay attention to how you feel over the next several days. If you notice pain, swelling, bruising or stiffness, return to the doctor to seek treatment or to provide an update on your symptoms. Doing so can help to prevent your soft tissue injury from becoming worse, and may reduce the possibility that your claim will be barred by you failing to seek treatment. In some cases, insurance companies will use a failure to get medical attention as a reason to deny coverage for an accident or injury. For this reason, it is important to go to a doctor after an accident, even if you do not think that you were hurt. Document your recovery, including how the injury interferes with your daily life. This will help you keep track of how your soft tissue injury has impacted you, and can help your soft tissue injury lawyer build a strong case for damages. How a Long Island Soft Tissue Injury Lawyer Can Help Just because a soft tissue injury does not require a stay in the hospital or a surgery does not mean that it is not serious. These types of injuries can take months to recover from — and can have a significant impact on your quality of life. It is important to get soft tissue injuries treated as soon as possible — and to seek the advice of a seasoned soft tissue injury lawyer to help you get the compensation that you deserve. At Siler & Ingber, we represent victims of all types of accidents as they pursue justice. We work on a contingency fee basis, which means that you don’t pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a soft tissue injury lawyer, contact us today at 877-718-6079, or reach out to us online.
