New York No-Fault Insurance Benefits
What Are “No-Fault” Benefits? No-fault benefits are offered by insurance companies to cover certain damages incurred by their insured no matter who is at fault. In typical insurance systems, insurance will only pay out to cover damages the insured individual incurs if the insured individuals is 49% or less at fault. However, no-fault insurance means that instead of having to sue the other driver for damages (who may or may not have insurance or enough insurance) one makes claim to their own insurance to have damages covered. Is NY a No-Fault State? Currently, there are only 12 states that offer no-fault benefits, and New York is one of them. No-fault benefits attach to any accident a New York driver or a New York-registered vehicle may have, whether within or outside of New York. It also attached to any out-of-state vehicle driven in New York state. Every vehicle operated in New York state must be insured, and the insurance company must provide no-fault benefits in case that vehicle or driver is involved in an accident, meaning that a vehicle registered and insured anywhere else in the United States or Canada that is involved in a collision in New York state must provide no-fault insurance. New York’s No-Fault Law 70A NY Jur Insurance §§ 1881-1961, the Comprehensive Automobile Reparations Act, was enacted in 1973 to remove a lot of the common law tort claims arising from automobile accidents out of the court system and to speed up receipt of compensation for economic loss. Otherwise, those injured in car accidents would have to sue the other party for compensation. In 2015, there were nearly 300,000 car crashes involving almost 525,000 vehicles.[1] No-fault insurance therefore keeps hundreds of thousands of cases out of the court system that would otherwise clog it and slow it down. Taking a court case to verdict at trial can take up to a few years now; without no-fault insurance, it would take even longer. Why sue in the first place? First, if someone’s insurance only covers the damage they do to other vehicles or people not in someone vehicle, then the only way someone will get money to cover damage to someone vehicle, medical expenses, and lost wages, or other incidental damage is to sue the other party. If they have insurance, it may offer to pay, and what it offers may even cover all the damages. However, if it refuses to pay, or if it won’t pay enough, or if the other driver doesn’t have insurance at all, then the only option is to sue. However, not everyone is able to take on a lawsuit. They may not be able to afford a lawyer, and they may not be able to represent themselves. They may not have the time or energy to go through a lawsuit. There may no suitable lawyers where they live or even suitable courts, if they live in a rural area of New York State. No-fault insurance fixes that problem. What is covered under “no-fault benefits”? Basic no-fault insurance (personal injury insurance) will cover up to $50,000 per qualified person per accident. The categories include: Medical expenses/medicine: emergency treatment, hospitalization, medication, therapy, surgery, medical devices, and other medical care. Personal care: This may include in-home care or other expenses incurred due to the injury. Damage to vehicle and property: No-fault insurance covers damage to other vehicles and property. Lost wages: Injury can lead to miss work, and insurance will cover salary lost. It’s important to note that with basic, minimum insurance, all of these expenses are only covered up to $50,000 total. Thus, if someone’s medical expenses are $50,000 or more and they only have basic no-fault insurance, the company won’t pay for lost wages or personal care. Additionally, basic minimum insurance only pays for 80% of lost salary up to $2000 a month. What about the other party? No-fault insurance means that the policyholder waives their right to sue the other party for damage up to the amount no-fault insurance covers. The reason for this is to keep those who are in car accidents for recovering twice – one from their own insurance company, and against from the other party’s insurance company – for the same damage. Thus, if someone’s minimum no-fault insurance is exhausted, they will have to sue to get any more compensation for injuries or loss, but not before. Minimum coverage: Every insured motorist in New York must purchase a policy at or above the minimum, and every insurance company licensed to do business in New York must not sell any policy below the minimum. Minimum coverage includes: minimum liability coverage: this is the coverage that attaches to a driver, covering any damages or harm done to people or property by the driver driving their own or someone else’s car, uninsured motorist coverage: coverage for the driver or anyone else in the driver’s home or riding as a passenger in the driver’s car if they crash with an uninsured vehicle, no-fault coverage: also known as personal injury protection. Of the liability coverage, the minimum amounts allowed to be sold in New York are: $25,000/$50,000 for injury, $50,000/$100,000 for death, and $10,000 for property damage. Injury and death cover someone and their loved ones, but property damages covers what happened to vehicles or property belonging to the other driver or other people involved in the accident. Drivers who wish to insure themselves above the minimum may do so, especially if they have expensive vehicles and/or live in an expensive part of the state. Additional coverage above the minimum: APIP Coverage Additional personal injury protection, or APIP, covers personal injury and loss above the minimum. For example, it will cover more lost wages, medical expenses, and personal expenses. APIP covers what PIP does not, such that additional coverage kicks in once PIP is exhausted. For example, if PIP pays $50,000 of $75,000 total medical expenses, APIP will cover the additional $25,000. OBEL Coverage Optional basic economic loss, or OBEL, pays
Emergency Vehicle Accidents
Anyone who travels or commutes to work into and out of New York knows of the dozens of accidents that occur just about every week. Some of them involve emergency vehicles, such as ambulances, fire trucks, and police vehicles. In nearly every situation, drivers get out of the way – or they try to do so. However, incidents occur, or conditions are present that do not always allow this. If you have been in an accident with an emergency vehicle, it is critical that you take action. Never assume that if you hit an emergency vehicle, or one hit you, that you are at fault or unable to file a claim. Very specific rules apply, and your rights need to be protected. We encourage you to contact Siler & Ingber, LLP, your personal injury lawyers in New York, to fully discuss those rights and rules. Statistics: Do Emergency Vehicle Accidents Occur Often? These types of accidents are not uncommon especially in a busy region like New York. The New York State Department of Motor Vehicles sheds some light on this. According to their statistics, about 400 incidents involving an ambulance happen every year in the state. This includes accidents or crashes. This equates to creating about two injuries per day as a result of such instances. Do Emergency Vehicles Always Have the Right of Way? The short answer to this is NO! However, it is more complex than this. Emergency vehicle drivers need to get through crowded streets to assist in a true emergency at another location. This gives these drivers the ability to make decisions that do not always follow traditional traffic laws. However, they must still take steps to protect all involved in such situations, including other drivers on the road. That is, they are not legally allowed to create dangerous situations. What’s more, drivers have ample training in quickly accessing situations to ensure when it is safe to break such laws. While in movies they can fly through red lights and even trample sidewalks, this is not realistic. Emergency vehicles are held accountable when they cause damage or create a scenario where risk is present to other drivers even when they are on a call. The New York State Department of Health provides key information about the proper operation of emergency vehicles. Common Causes of Emergency Vehicle Driver Mistakes It is possible for ordinary drivers to make mistakes, too. You may have the radio so loud you do not hear the siren behind you. Or, you may try to run a red light to get ahead of the vehicle and create an accident. There are times when you may hold responsibility in such a case. However, there are some examples of what emergency drivers can do inappropriately. Misuse of Lights and Sirens Was the emergency vehicle responding to a real call? Did they not have their lights and sirens on when they should have to warn you of their response? These are indications of the driver making a mistake. Caution Through Intersections The most dangerous location for most drivers of emergency vehicles is the intersection. As a result, drivers are not allowed to simply proceed through an intersection without taking steps to ensure it is reasonably safe to do so. A failure to use caution can cause an accident which may not be your fault!. Difficult Areas Often, emergency drivers struggle to get through crowded streets. This is very common in New York. However, if a vehicle cannot get through a tight space and tries to do so, the driver may cause damage to another person’s vehicle. What Should You Do? If you are involved in an accident with an emergency vehicle of any type, contact the police. Ensure a thorough police report is completed. Gather witness statements. Take pictures of all the vehicles and the roadway where the accident took place. And, then, call our offices. It is very difficult to prove you suffered damages as a result of the speeding emergency vehicles, especially when you are filing a claim against a state or local police force. For this reason, we highly encourage you to contact our offices immediately before you file a claim with an insurance company. Often, you have financial protection for the losses you sustained, even if you hit the emergency vehicle. Schedule a Free Case Review for Your Emergency Vehicle Accident Siler & Ingber, LLP provide comprehensive legal support to residents in New York. If you’ve suffered loss as a result of such an accident, contact us. If you’ve been sued or are facing significant damage claims as a result of striking an emergency vehicle, contact us. We have over 20 years of experience and have won 98 percent of our cases, amounting to over $50 million in damages paid to our clients. We’re here to help you as well. Contact us now for a free case review at 877-718-6079 or use our online contact form, and we’ll give you a call.
100 Deadliest Days of Summer
Between Memorial Day and Labor Day, a deadly phenomenon occurs, causing parents of teenagers to cringe as the summer season arrives- the ‘100 Deadliest Days’. As the days get longer and the school year comes to an end, new teen drivers are out on the roads in swarms. According to a report released by AAA, teen drivers are three times more likely to be involved in a fatal car accident between the end of May to the beginning of September than any other time of the year. From 2011 to 2016, inexperienced teen drivers were responsible for over 1,600 fatalities during this fatal period, most of which were caused by reckless behaviors. Summer Spikes Teen Recklessness Vehicle crashes are the leading cause of death among teens and the spike of road fatalities in the summertime months is nothing short of terrifying. Most of these fatal accidents are completely preventable and are brought on due to immature teen drivers making these common deadly errors while on the roads: No Seatbelts: About 66% of teens who die in a car accident are not wearing a seatbelt. Between poor judgment and packing too many people into one car, seatbelts are often seen as nuisances rather than lifesavers. Drinking and Driving: About 25% of car crashes involve an underage drunk driver and it’s no wonder with endless summer parties full of booze to attend. Teens are 67% more likely to try their first drink over the summer, without the slightest idea as to how alcohol will affect their bodies. Speeding: In 2016, speeding was a factor in 32% of teen driving fatalities. Teen drivers are known for speeding as they gain confidence on the road, but are inexperienced when it comes to judging safe speeds to travel in order to avoid road hazards. Driving Distracted: Distractions in the car can increase immensely during the summer and are the cause of 6 out of 10 vehicle crashes for teen drivers. Loud music, extra people in the car, and electronics are the most popular distractions taking a teen driver’s attention from the road. Using Cellphones: Texting, talking, or live streaming are three of the most dangerous smartphone tasks teens are performing while driving; the worst part is they know it! According to AAA, 94% of teens admit texting and driving is dangerous, but 35% say they do it anyway, and these are only the ones brave enough to admit it. Preventing Teen Driving Fatalities Safety advocates around the country are spreading awareness of the ‘100 Deadliest Days’ in hopes that parents and teens will work together to help prevent unnecessary teen deaths this summer. Using professional guidance from AAA, NHTSA, the National Safety Council, and other safety organizations, here are some tips to review with your teen driver to encourage safe driving behaviors on the roads: Buckle Up: Not only is it against the law to drive without a seatbelt, it’s deadly. Make sure your teen knows to buckle up before they even start the vehicle. If there aren’t enough seatbelts for every passenger in the car, someone needs to get out- lap sitting is not an option! Limit Distractions: Work with your teen to establish a max volume for the car so they can properly hear emergency signals on the road. Teens are 2.5 times more likely to participate in risky behaviors when other teens are in the car, so ask them to drive alone or limit one passenger until their driving is more advanced. Put The Phone Away: Some parents ask their teens to put their phone out of sight and out of mind. If this method doesn’t work, utilize free apps to prevent cellphone use while driving and discourage your teens from attempting to multitask. Encourage Sober Driving: Educate your teen on the dangers of using substances when driving. Review the zero-tolerance laws in Maryland and make sure they understand the serious and deadly consequences of driving while impaired. If they do drink, create a safety plan with them for how they will get home safely. Make Adjustments: Most teens are unaware of the proper positioning for their seats to prevent unnecessary airbag injuries and death. Parents should show their teens how to adjust the steering wheel, seat, and mirrors for the ultimate protection when driving. Create a Driving Contract: Consider creating a Parent-Teen Driving Contract with your teen driver. Setting ground rules from the start will show your teen you are serious about their safety and will more likely encourage them to think twice about their own. Be A Good Driving Role Model You can advise your teen on safe driving until you’re blue in the face, but the most significant impact you can have on your teen driver is to show them first hand how to drive safely. Monitor your own driving behaviors for speeding, aggressive maneuvers, or distractive habits as these are the first driving lessons your kids will remember before hitting the summer roads. Start teaching your young drivers early about the dangers of driving and remind them it’s a privilege that can easily be lost. If your teen or someone you love has been injured in an accident contact our winning legal team at Siler & Ingber for a FREE case evaluation on 1-877-LAW-4343.
Are You Safe On a Plane?
Aviation accidents are extremely rare and often times preventable. In fact, the odds of being on a flight where one fatally occurs, even on an airline with the worst accident ratings, are 1 in 1.5-million. Nevertheless, the tragic death of a passenger on a Southwest Airline flight this month has highlighted a worldwide issue regarding passenger aviation safety that appears to be getting worse. Travelers Are Ignoring Preflight Safety Demonstrations! In the days after the fatal Southwest Airline accident, photos went viral of travelers on board the flight preparing for the emergency landing of the aircraft. Most passengers were shown incorrectly wearing their oxygen masks; a step which, if done incorrectly, can prove to be a fatal mistake. Flight attendants and pilots admit they aren’t surprised and have noticed a huge decrease in passengers paying attention during their safety briefings, particularly in the last few years. Preflight demonstrations of emergency safety procedures are federally required to be performed before every flight, every time. So why are passengers choosing to miss these vital instructions? Looser Restrictions on Technology Not so long ago, flight attendants were requiring passengers to completely turn off their electronics during takeoff and landing. After the approval of airplane mode and other offline electronic settings by the United States Federal Aviation Administration (FAA) in 2013, flight attendants have struggled to pull passenger’s focus away from their screens. Passenger Denial Most travelers are aware that chances of experiencing a life-threatening plane crash are quite rare, but some take this comfort a little too far. Passengers who believe ‘it will never happen’ neglect to pay full attention to what they should do in the case of an emergency. Even the proper placement of oxygen masks, for instance, could mean the difference between life and death in a case of low cabin pressure. Frequent Flyers For people who are all too familiar with riding on planes, listening to yet another preflight safety demonstration might seem pointless. But surprisingly, the most frequent of flyers may not pass a general safety test on what to do in the case of an aviation emergency. Additionally, not every plane is the same when it comes to the location of emergency equipment, and procedures can change over time depending on the airline. Parental Distractions and Anxiety Parents who fly with children are likely more worried about safety than most. But juggling babies, activities, and snacks to prevent screaming during takeoff can often take their attention away from safety briefings. Passengers with flight anxiety may also be preoccupied before take off, often times trying to think of anything BUT the chance that an emergency could occur. Less Than Entertaining In defense of passengers on any airline, despite preflight safety demonstrations proving to be vital in saving lives, most flight attendants lack enthusiasm when performing these instructions making it difficult for passengers to want to pay attention. If the airline employees are not expressing the importance of the information they are delivering, they cannot expect the passengers to prioritize their instructions. Revamping Safety Demonstrations Preflight safety briefings are federally required for a reason- to save the lives of everyone on board. But if the majority of passengers are ignoring the current demonstrations, what can airlines do to change this? Lively Safety Videos: Some airlines have resorted to using safety videos in place of flight attendant demonstrations in hopes to increase passenger participation. Other airlines, such as Virgin America, are taking these videos a step further in adding musical entertainment to grab the attention of their guests. Spelling Out The Consequences: Did the passengers on the Southwest flight know the consequences of wearing their oxygen masks incorrectly? Most likely they didn’t. Some experts believe providing the ‘why’ behind each safety instruction might encourage passengers to pay a little more attention to learning the steps correctly if the dangerous consequences were clearly described. Replay Options: For the busy parents, or the anxious individuals, who are too preoccupied to pay attention during takeoff, offering a way to repeat the video from your seat would provide equal access to all emergency information and instructions. Providing access to the safety videos online for passengers to view before their flight could also help these individuals prepare. Re-ban Electronics: If travelers are nose deep in business emails or the latest Facebook drama, even an informative and exciting safety video will not encourage a response. Banning electronics during the takeoff process may be the only way to catch the majority of passenger’s attention for safety briefings. Prevent Aviation Fatalities Aviation fatalities and injuries do not only occur when a plane is crash landing to the ground. Simple instructions such as keeping your shoes on, fastening your seatbelt, and learning how to properly place an oxygen mask can do wonders in preventing serious injuries and unnecessary deaths on planes experiencing rough air or low cabin pressure. Regardless of what changes the airlines and federal regulators choose to make with their current safety briefings, passengers are ultimately responsible for their own safety education on an airplane, and this begins with paying attention to emergency instructions provided.
Nine people die every day from distracted driving accidents-that’s more than 3000 a year.
In the last three years motor vehicle fatalities have jumped up at least 6% according to the National Safety Council and distracted driving is a major contributor. For every second it takes for you to check your phone, change a song, or reach across the seat to grab for an item, you could take the life of a pedestrian or fellow motorist on the road. Distracted Driving Is 100% Preventable In 2015, the National Highway Traffic Safety Administration (NHTSA) reported 3,477 lives lost and 391,000 people injured due to distracted driving accidents, all in which were preventable. To spread further awareness about the dangers of this trend, April has been named National Distracted Driving Awareness Month in hopes to save lives through public education and serious penalties for distracted motorists. Reducing Distracted Driving Deaths Across the United States, police departments and public organizations are observing Distracted Driving Awareness Month by launching state and national safety campaigns geared towards bringing more attention to this prevailing issue. U Text. U Drive. U Pay: Started by the National Highway Traffic Safety Administration, this national campaign is focused on aiding law enforcement officers in cracking down on drivers caught texting and driving by placing hefty fines on violators. Operation Hang Up: In New York between the dates of April 12 to April 16, New York State Police will be heavily fining drivers caught using their phones by using both marked and unmarked police vehicles all across the state. Heads Up Phone Down: This informative report released in March of this year by Life360 aims to educate the public on the dangers of distracted driving and to teach drivers how not to fall victim to road distractions. Types Of Distracted Driving Distracted driving causes 25% of all fatal vehicle accidents according to Safe Start, and that percentage does not include the number of people injuries or the distracted drivers who just had a ‘close call’. If drivers are not paying attention to the road, what exactly are they doing in their vehicles that is causing so much harm to others? ‘Daydreaming’: Sometimes all it takes for drivers to get into an accident is the distraction of their own mind. In data gathered on vehicle accidents between 2010-2011, general distractions accounted for 62% of fatal accidents in just these two years. Talking on the phone or texting: At least 26% of car accidents are caused by drivers using their cell phones according to the National Safety Council. Whether you’re checking a text or on a hands-free call, there is never a safe way to use the phone while driving. Using electronics: The NHTSA reports an estimated 660,000 drivers are using electronic devices while driving during the day, each with an equal chance of missing a pedestrian or car when glancing away. Electronics include phones, GPS’s, tablets, laptops, radios, Bluetooth devices, and more. Looking at the GPS: A GPS may show you where to turn when driving, but it won’t show you the pedestrian crossing the road in front of you when you look away. GPS related accidents are becoming more common and more dangerous than ever. Chatting with friends: Passengers can be a major distraction for drivers, especially if they are constantly looking to their right or in the review mirror to make eye contact when speaking. Moving stuff around: Drivers can get into serious accidents just by reaching over to grab something such as cellphones falling between seats or favorite children’s toys they cannot wait to have. Eating, drinking, smoking, or putting on make up: Most of us are guilty of these personal behaviors while in the car, but doing them while you are actively driving is extremely dangerous, taking your hands from the wheel and eyes off the roads. Multitasking Is A Myth…Pay Attention If you are a driver who believes they are capable of safely doing more than one task while driving, you have only been lucky so far. Multitasking while driving is a myth. When your brain is distracted while driving, you are only seeing about 50% of the driving environment according to the National Safety Council, even if you believe you are focused 100%. Each and every time you get behind the wheel, remember that your driving can affect the lives of others. Ignore devices, hide your phone, lower the music, and make it clear to your friends you need to avoid distractions before you even put the car in drive. If an emergency arises, if an important call comes through, or if Mickey Mouse falls under the seat, don’t take the risk- pull the car over to save a life.
NY Bridge Collapse May Happen Like Miami
The horrifying pedestrian bridge collapse in Miami last Thursday, killing six people and injuring nine others, has been a national wake up call that bridge safety is not to be taken lightly. Unfortunately, last week’s tragedy has also brought to light the fact that many states have had thousands of known structurally deficient bridges for years and New York is no exception. The Worst NYC and LI Bridges Every four years, the American Society of Civil Engineers releases an Infrastructure Report Card rating state and local bridges all over the country based on their safety and structural integrity. In 2017, New York bridges received the overall rating of D+, below the national average of a C+. The National Bridge Inventory shows a total of 2265 bridges in New York under the category of structurally deficient, with 681 located throughout New York City and 16 on Long Island. In another report released by the American Road & Transportation Builders Association (ARIBA), New York City alone was home to 22 bridges on a list of the 25 Most-Traveled Structurally Deficient Bridges in the state, and Long Island made the list with one: Brooklyn- Bridge on Rte 907C over Mill Basin Bridge on Rte I278 over 6th Avenue, Gowanus Cana Bridge on Rte 907C over Gerritsen Inlet The Kosciuszko Bridge (since demolished) Bridge on Rte 907C over Ocean Avenue Bridge on Rte 907C over Sheepshead Bay Rd Bridge on Rte I278 over Rte I278, Cadman Plaza E Bridge on Rte 278 over Rte I278, 278I 278Ix2MR1 Bridge on Rte I278 over Flushing Avenue Bronx- Bridge on Rte I95 over Rte 907F Bridge on Rte I95 over Rte I895, Reloc Bronx Ri Bridge on Rte 907H over Morris Park Ave, NYC Rap Bridge on Rte 907H over E Tremont Avenue Bridge on Rte 907H over Rte 907F, 907F X(WB) Bridge on Rte 907H over Amtrak/CSXT/P&W Queens- Bridge on Rte I678 over Flushing Creek, Meadow L Bridge on Rte I678 over North Conduit Ave Bridge on Rte 907A over Totten Ave The Throgs Neck Bridge Manhatten- Bridge on Rte 907 over East River Shore The Brooklyn Bridge Bridge on Rte 907V over Amtrak-W Side Con Long Island- Bridge on Rte 908M over East Meadow Brook (Nassau County) Why Are NY Bridges So Bad New York City architecture and infrastructure has increasingly become a mix of historic and modern designs, but most of the bridges in the city and metro areas are nearing the end of their lifespan. Bridges categorized as non-deficient were built around 27-years ago according to the ARIBA report, while over 50% of New York bridges range from 75 to 100-years-old. Though almost all of the bridges across New York are waiting for repairs, fixing a bridge is no easy fret. Some of the bridges are crossed over 165,000 times a day; the bottleneck created due to construction could cost the trucking industry an estimated $60 million in delays! The amount of funds needed to redirect traffic and create detours, combined with the money required to pay for the bridge restoration itself, are significant reasons for why officials have held off on bridge repairs in the past, allowing for the number of structural concerns to increase. What Are Structurally Deficient Bridges There are an estimated 54,259 bridges across the United States considered to be structurally deficient- that’s 1 out of every 10 bridges. When a bridge is identified as structurally deficient, this doesn’t necessarily mean they are in danger of collapsing, but they do require attention to safety concerns. These concerns could range from cracks, wear, damage, and other issues that could lead to the future failure of a bridge if not addressed. According to the National Bridge Inventory Database, bridges are rated on the conditions of various parts: Decks: the supporting surface of the bridge Superstructure: the structural element of the bridge that supports the bridge deck (beams, concrete, frame, cables, etc.) Substructure: the bridge’s foundation (abutments and piers) If the bridge is deemed structurally deficient after inspection of these parts, safety restrictions may be placed such as weight limits, lane restrictions, or complete closures if emergency repairs are required. It’s Time For Change As these monstrous structures around New York City continue to deteriorate, safety activists and residents awestruck from last weeks events in Miami believe it’s time for a change. The chaos that new bridges and major bridge repairs would cause is nothing compared to the devastation that could occur from the collapse of a bridge, nor is it worth putting the lives of our residents at risk.
St. Patrick’s Day Danger
St. Patricks Day is bursting with lively festivities and Irish-American pride, but along with the celebration comes a yearly increase in drunk driving accidents and fatalities. Every 36 minutes on St. Patrick’s Day, an alcohol-related car accident claims a life. Ranking as the fourth most popular day for drinking across the nation, St. Patrick’s Day has gained a reputation for dangerous, reckless, and belligerent behaviors, particularly when it comes to the roads. At least 40% of fatal car accidents on this holiday involve drunk driving and 75% of these drunk drivers consumed two times the legal limit according to WalletHub. With an estimated 33-million Irish-Americans and partiers set to celebrate St. Patrick’s Day this year, the chances for fatal and serious accidents due to drunk and impaired driving are exponential. Be Cautious This St. Patrick’s Day For New York residents, there are a few important safety factors to keep in mind this weekend before heading out to your shamrock celebrations: Weekend Holidays: St. Patrick’s Day is on a Saturday this year, meaning more people are likely to be out celebrating the holiday knowing they have Sunday to recover. Drunk driving already increases on Saturday’s, so staying alert and sober on the roads is even more essential this weekend. Guarantee of Drunk Drivers: We would all love to say we don’t know anyone who would participate in drunk driving, but some people still believe they are capable of driving when impaired. Know there will be drunk drivers on the road and report reckless drivers to local authorities immediately. Sidewalk Danger: Think you are safe if you are walking home drunk? Think again. 60% of pedestrians who are killed on St. Patricks Day had a blood alcohol level of .08 or higher. Impaired walking is just as dangerous as impaired driving, for you and the pedestrians around you. Day Drinkers: Some partiers on St. Patrick’s Day make drinking an all day ordeal. Day driving can be equally as dangerous as night driving when someone has been consuming alcohol since 6:00am. If you are trying to find a safer time of the day to drive impaired- there isn’t one. How to Celebrate Safely So how do you safely celebrate a holiday that prides itself on the overconsumption of beer and rowdy events? There are plenty of ways! Plan Ahead: Planning where you are going, how you are getting there/back home, and how much you plan to drink is often a huge precursor for how safe your night will end. With the increase of crowds and congestion on the roads, it’s also smart to plan a meeting place for your group in case of separation or to gather when it’s time to leave. Leave Prepared: Be prepared with phone numbers and apps for safe rides, such as Uber and Lyft, before you leave the house. If you’re going to the parade, bringing extra water and snacks is a good idea to tide you over through extended wait times. Stay In Control: It’s okay to drink while celebrating on St. Patrick’s Day, but getting out of control is where problems begin. Severely drunk pedestrians can easily walk into streets, get behind the wheel of a car, or use impaired judgment when it comes to participating in dangerous activities. Make a pact with your group to drink responsibility and not to put all of the pressure on one designated individual. Stay Alert: Be aware of who is around you and where you are. Watch out for impaired drivers if you’re on the roads and stay clear from out-of-control groups of pedestrians on the sidewalks. Always look out for cars when crossing the street, even when you have the signal, as drunk motorists may not stop for you. Consider Staying In: St. Patrick’s Day brunches and BBQ’s are a great alternative to heading out into the mass crowds of green. Watch the local parades on TV and offer your guests a safe place to rest if they’ve had too much to drink. Don’t rely on your Irish Luck to get you through the weekend safely. Play it smart this St. Patrick’s Day and don’t take unnecessary risks you could regret. St. Patrick’s Day Accidents If you’re in an accident due to a drunk driver this St. Patrick’s Day, call one of our expert attorneys at Siler & Ingber to learn your rights. Our team specializes in personal injury cases and provides free consultations to explore all of your options. Call 877-529-4343 to discuss your case today.
SPRING FORWARD WITH SAFETY
Daylight Savings time is far more complex than just moving your clocks an hour ahead. When your body settles into a particular sleep schedule, even a 60-minute change can alter your state of mind, possibly putting your safety at risk. This year, Daylight Savings begins on Sunday, March 11th. Before adjusting your clocks over the weekend, organizations such as the National Safety Council encourage you to take additional safety precautions in your daily life and around your home to help you spring forward safely into the new season. SLEEP TRICKS TO KEEP YOU ALERT Time changes can have a tremendous effect on your internal sleep schedule, leading to an increase in accidents and injuries due to fatigue and distraction. Simple tricks such as adjusting your sleep schedule gradually days before the change, or scheduling short afternoon naps, can be extremely effective in avoiding negative impacts of sleep changes. For more tips on keeping your body in tune with Daylight Savings, WebMD experts have some excellent suggestions to start you off on the right foot. FIRE SAFETY IN THE HOME According to the National Fire Protection Association, at least three out of five fire fatalities are caused by missing or broken smoke alarms in the home. Smoke alarms should be located in every room and in proper working condition.The batteries on these devices should be replaced and tested every year, which can be easy for homeowners to forget. Scheduling smoke alarm tests while changing the clocks is a great way to gain peace of mind that your home is fire safe heading into the spring season. REDUCE CARBON MONOXIDE RISKS Carbon monoxide is a deadly, odorless gas that can come from any appliance that burns fuel. Carbon monoxide detectors should follow the same maintenance schedule as smoke alarms, and placed in central locations on every floor of the home. After a long volatile winter, spring is also the perfect time to clean out any vents that could cause carbon monoxide leaks due to build-up or loose debris from outdoors. REMEMBER SAFETY AT WORK Studies show workplace injuries increase in both quantity and severity on the Monday following the spring Daylight Savings change. When returning to work from the weekend, make sure you are taking all precautions necessary, and wearing proper safety equipment, to perform your job safely at work. Fatigue can cause a lapse in judgment and reaction time, so try not to take too many risks if feeling drowsy or foggy. PREVENTING WINDOW INJURIES After a harsh winter with varying temperatures, are you confident in the safety of your windows? Checking to make sure your windows cannot be opened easily by young children and are accessorized with cordless blinds are two of the most important factors in keeping your family safe from serious window injuries. For more on window safety, the National Safety Council offers additional information on the dangers of windows and steps to preventing accidents in your home. HOME EMERGENCY PLAN Does your family have an emergency plan? If not, it’s a great time to make one. If you do, it’s an even better time to review any changes that may have occurred within the last year. The National Safety Council is an important advocate for home emergency plans to help families react in cases of natural disasters or catastrophic events. To help you get started, or to ensure you’ve covered all the necessities, FEMA has a comprehensive checklist of what to include in an emergency kit and how to put your plan into action. CHECKING EXPIRATION DATES The cleaning urge hits a lot of people once the weather gets warm. But before you start disinfecting, check the expiration dates on your cleaning supplies to make sure they are safe to use. Expiration dates on medications are also important to check yearly, making sure you properly dispose of any medications you are no longer using. You can order supplies from the National Safety Council website if you are unsure as to how to safely dispose of these substances in your area. As long time advocates of home and workplace safety, our expert team of personal injury attorneys at Siler & Ingber are passionate about fighting for individuals who have been wrongfully injured. Call us at 1-877-529-4343 for a free consultation to see how we can help you with your personal injury claim.
How to Get a Long Island Accident Report
If you’ve been in an accident in Long Island, the accident report is an integral document as you work through the complicated process of submitting claims, connecting with an attorney, and getting the treatment and resolution you need. How to Get a Police Report Following an accident in which damage to vehicles or injuries occurred, you should contact the police to file a police report. They can complete an investigation on-scene; this documentation will help your attorney protect your rights as a victim in the accident. Do not leave the scene of the accident until you have met with police, and do not admit guilt during your discussions with the police. Share the facts without apologizing or claiming responsibility. Always remember that the safety of those involved is more important than the accident report. Make sure everybody is safe, administer first aid if necessary, and call 911 for an ambulance if anybody is seriously hurt. Getting a Copy of the Police Report Once the police report has been filed, you’ll need a copy for your records. This is helpful when submitting claims to your insurance (or the insurance carrier for the other driver) as well as when meeting with a personal injury attorney. The New York Department of Motor Vehicles maintains accident reports for four years, so it’s important to request your copy as soon as possible after your accident. If complications arise later, you may no longer be able to get a copy of your accident report. You can either order a copy of your report by mail using form MV-198C (called Request for Copy of Accident Report) or online through the NY DMV’s website. In order to complete the request, you’ll need to know the license plate number, driver license number, name, and date of birth of at least one person involved in the accident. The DMV will send you a certified copy of the accident report in response to your request. You can’t request your copy by phone in the state of New York. Keep in mind that your police accident report usually isn’t available until two weeks after your accident. If you or someone else involved in the accident filed the report yourself instead of calling the police, it takes much longer to get through the system and be available for you. As a matter of fact, it can take as long as two months. How Much Does it Cost? Like most government requests, you have to pay to get a copy of your accident report following a motor vehicle accident. If you submit your request by mail, the fees include a $10 search fee and a $15 report fee, totaling $25. If you submit your request online, you can expect to pay a $7 search fee and a $15 report fee, totaling $22. What Else Should I Do After an Accident? A personal injury attorney can help guide you following an accident involving injuries. He or she can make sure you’ve taken all of the steps necessary to take care of yourself after your accident. This includes getting the medical care you need and making ends meet financially until you receive compensation for your injuries. He or she can also compare what you receive from insurance companies and/or the driver at fault to what you should have received. If a discrepancy is identified, a personal injury attorney can help you fight for the compensation you deserve after your accident, which might include: compensation for lost wages due to time away from work compensation for wages you will lose in the future if you’re unable to return to work or have lost your job compensation for loss of companionship if there was a death in the accident reimbursement for medical expenses and other services required after the accident compensation for future medical expenses you expect to incur as a result of your injuries To learn more or to discuss your case with an attorney who specializes in personal injury cases, contact the experts at The Law Office of Siler & Ingber, LLP in Long Island today.
Bulging or Herniated Disc Settlements After an Accident
While any injury sustained in a car accident is frightening, a back injury from a vehicle collision can be especially devastating because this is the area where the nerves that control the rest of the body exit from. Two of the most common back injuries sustained during a car accident are bulging and herniated discs. If you have been diagnosed with a herniated disc in your lower back or a bulging disc in your neck from a car accident, you should contact a personal injury attorney who is familiar with attaining a settlement for a herniated disc or bulging disc injuries sustained in motor vehicle accidents. What Part of the Spine is Susceptible to Herniated and/or Bulging Discs? These injuries can occur in any area of the spine; however, herniated discs tend to occur more frequently in the lumbar spine (lower back) than any of the other parts of the spine. In fact, approximately 95 percent of disc herniations occur at the L4/L5 and L5/S1 levels. The second most common location for herniations is in the cervical spine (neck), with C5/C6 and C6/C7 being the areas of the neck where disc herniations from a car accident frequently occur. Understanding Your Back Injury The vertebrae are the bones that form your spine. These bones are stacked on top of one another. In between each vertebra is a jellylike material (i.e., central nuclear material), which keeps the bones from rubbing each other and provides cushioning for the vertebra. A disc bulge or herniation occurs when this jelly-like material protrudes from in between a set of the vertebral discs. For the sake of imagery, consider a sandwich cookie (e.g., an Oreo): If you take the top cookie and press it down towards the bottom cookie, the filling oozes out. This is essentially what happens when a disc bulges or herniates. It is the degree of the injury that determines which diagnosis the physician uses. Herniated Disc vs Bulging Disc: What is the Difference? While some use the terms ‘bulging’ and ‘herniated’ interchangeably, they are not the same. The term used depends on the degree of the injury. A bulging disc refers to a small protrusion of a disc’s central nuclear material that remains contained within the outer fibers; whereas, a herniated disc has broken through these outer fibers. Since the nuclear material has broken through the fibers, a herniated disc is more likely to put pressure on nerve roots, which leads to pain. Symptoms of a Herniated Disc The pain an individual experiences following this type of injury is directly linked to the location of the herniation. A herniated disc in the lower back A herniation in the lumbar spine may cause pain and/or other sensations to radiate into the buttock and leg: Symptoms may include a searing pain, a sharp pain, a numbness or a tingling sensation that extends down the buttock into the back of the leg. If pain extends from the buttock all the way down the back of the leg and into the foot, the individual is experiencing sciatica. This symptom is referred to as sciatica because it is the sciatic nerve that is being irritated by the disc herniation from the car accident. Typically, only one side is affected at a time (left or right). Sciatic pain may become more severe with sitting, walking or standing. In addition to leg pain, back pain may be present. A herniated disc in the neck: When a herniation in the cervical spine occurs during a car accident, symptoms usually include pain between the shoulder blades or in the neck itself. This pain can be dull or sharp and may radiate down the arm, into the hands, and fingers. Tingling and numbness can also occur in the shoulder and/or the arm when there is a cervical disc herniation. The radiating pain may increase when the neck is moved a certain way. Seek Medical Care Right Away If you have been involved in a motor vehicle accident and you are having any of the bulging or herniated disc symptoms listed above, please seek medical care right away. Once you have received medical care for the herniated disc from a car accident in Long Island, contact an experienced personal injury attorney. New York is a “No Fault” Car Insurance State Since the state of New York is a ‘no-fault’ car insurance state, if you are involved in a motor vehicle accident, you have to file an insurance claim with your own insurance company in a timely manner. If you have sustained a disc herniation or have a bulging disc from a car accident, your no-fault insurance may pay up to $50,000 towards your medical bills and lost wages; however, to receive compensation for pain and suffering as well as your lost property, a third party personal injury claim must be filed. Personal Injury Claim for a Herniated or Bulging Disc To obtain a bulging or herniated disc settlement from a car accident personal injury claim, certain criteria must be met: the claim must be filed within three years of the collision against a privately owned vehicle; evidence of the injury, disfigurement and/or disability must be gathered; if applicable, evidence related to a fatality that occurred due to the motor vehicle accident must be obtained. If you were involved in a car accident and would like to seek compensation for your loss of property as well as pain and suffering, please contact our office today: Let us help you gather your evidence and file your personal injury claim for a herniated or bulging disc from an accident. Contact The Law Office of Siler & Ingber LLP to schedule your complimentary case review.
