The Different Types of Damages You Can Seek After a Pedestrian Accident
The injuries suffered in a pedestrian accident extend beyond your physical pain. After meeting with an accident, you may not be able to work, and you might have extensive medical bills due to your medical treatment. Under New York personal injury laws, if you have been injured due to one party’s negligence, you- the victim, can seek compensation for the damages caused. There are many areas of payment that you are entitled to after a motor vehicle accident. New York pedestrian accident attorneys can help you understand these damages. Let us look at the types of injuries you can seek after a pedestrian accident. Damages that can be Recovered for a Personal Injury All the damages available in a personal injury case depend on the facts of the case. In most cases, the victim sustains physical injuries, financial losses, and emotional trauma. Damages that are caused by accidents are, in general, divided into three main categories:- Economic Damages Non-economic Damages & Punitive Damages Economic Damages Medical Care and Treatment Bills The cost of medical care and treatment can burn a hole in your pocket for absolutely no fault of yours. Personal Care Costs Victims that sustain disabilities or permanent impairment need personal care/in-home health care to carry out their daily activities such as feeding, dressing, bathing, etc. hence the cost of this home health care is included in a personal injury claim. Loss of Income This comprises the missed time from work due to the injury. This personal injury claim may Include self-employed income, commissions, bonuses, benefits and salaries. Non-Economic Damages It is tough to define Non-economic damages. These represent the pain and suffering experienced by the victim and their families. Example of non-economic damages:- Emotional distress and suffering caused by the injuries Mental trauma Loss of quality of life Inconvenience Disabilities and permanent impairment The suffering of every person is different, and its severity depends on the type of injuries sustained. However, someone with minor physical injuries could suffer significant emotional, physical and mental distress. With the help of New York pedestrian accident attorneys, you can get the rightful compensation. Punitive Damages In injury claims, punitive damages are rarely awarded. Punitive damages ‘punish’ a person for their negligence, which caused the accident. Death or catastrophic injuries may result in punitive damages. How Does One Value the Damages in a Personal Injury Case? The value of a personal injury claim calculation can get tricky and complicated. Several factors can impact the value of your claim and the specific damages you sustained in the accident. Factors that impact the value of your claim include: – Comparative Fault This means that your compensation is reduced by the proportion of the accident caused by your fault. Severity & Type of Injuries More severe the injury more compensation you shall receive from the other party. Damages that result in permanent impairment or disability tend to increase the value of a claim. Strength of the Evidence You need to give evidence to prove that the other party was responsible. If the evidence you provide weakens, the settlement offers you receive from the other party will be lower. Get in touch with New York Pedestrian Accident Attorneys. Calculating and documenting the value of damages can be puzzling and annoying. Insurance companies can trick you by undervaluing damages to avoid paying more for injury claims. Before you accept a settlement offer for a personal injury claim, it is advisable to contact experts such as Siler & Ingber, who have been handling such cases for many, many years now. Their experience can get you the fair compensation that you deserve. Contact Siler and Ingber’s office for a free case review.
New York Construction Site Safety Regulations to Prevent Mobile Crane Accidents
At almost every construction site in New York City, cranes are used to lift and transport heavy loads. Depending on the type of crane, it can lift several tons which makes them a significant threat to construction workers and pedestrians when the safety regulations are disregarded. If you have suffered occupational injuries from a mobile crane, then a New York Construction Injury Attorney can help you file a claim and get the compensation that you deserve for your medical bills and suffering. Mobile crane accidents are not uncommon enough. In an incident that occurred in New York, a large mobile crane collapsed when the construction workers were attempting to secure it during bad weather conditions. As the operator was in the process of lowering the boom, the crane malfunctioned and the boom fell on the street, killing one person and injuring three others. A tragic accident such as this one has triggered concerns over the safety of these cranes and hence the government has mandated certain safety measures to prevent future accidents. Cranes are complex machines and hence here are some construction site safety regulations which need to be followed to avoid any possible occupational injuries: – 1. Travel When a mobile crane is moving from one job site to another or is traveling on the street or the highway, it must not be carrying any attachments, jibs, buckets or any other material attached to the boom. A mobile crane moving from one place to another with or without the load must not have the boom so high that it might bounce back over the cab. 2. Requirement of Capacity Chart Every mobile crane must have a capacity chart posed in the crane’s cab so that it is visible to the crane operator from his/her operating position. This chart shall set forth the safe load that the crane may carry or hoist at different boom angles, various boom lengths and radial distances. 3. Footing Each mobile crane must have a firm footing, whether by natural means or by substantial cribbing, timbers or other structural members sufficient to dispense the load within the safe bearing capacity of the underlying material. 4. Hoisting the Load At any new job site, the boom of the mobile crane must be test operated to its maximum height before any load is hoisted on it. 5. Use of Correct Sling When lifting a load using a mobile crane, always use the correct sling as failing to do so can lead to insecurely fastened loads which can cause serious or even fatal occupational injuries. 6. Unauthorized Operation Locking bars and ignition locks must be provided in the mobile cranes so that unauthorized operation can be prevented. At the time when the operator is not present, the crane must be locked. When in operation no unauthorized person should be present inside the cab or around the mobile crane. Let a New York Construction Injury Attorney Help! If you are someone who has sustained serious injuries in a mobile crane accident in New York, contact Siler & Ingber construction site attorneys. They will study your case thoroughly; research facts related to it and determine whether you have a potential NY crane safety claim based on your injuries. The team at Siler & Ingber is experienced and would give your claim the strongest chance of succeeding in court.
What to Do If You Are Sued After A Car Accident In New York?
Car accidents are scary and being involved in one can be an unpleasant experience. Given the large number of accidents that are happening in New York, it is very likely that you will be involved in a collision at some point. Even if according to you, you have done everything right, you might just find yourself being sued by the other driver. This can make a bad situation even worse. Having a powerful legal aid by your side can make a dramatic difference in the outcome of this situation/case. New York car accident lawyers can help you understand your options and prepare you and a case well for what’s to come. In What Situation Can the Other Driver Sue You? New York City is a no-fault state, this means that the only way you can be sued for a car accident is if the other party has suffered serious injuries. The injuries considered serious according to the New York State law include the following: – Significant disfigurement Loss of a body organ or system Fractures Loss of fetus Permanent loss of a body function Limitations in the use of a body function Dismemberment Death Even if the other party has suffered serious injuries because of the car collision, they must demonstrate to the court that you were at fault. A jury will not award compensation to the other party if this particular condition is not met. If you find yourself being sued for car accident injuries and damages, keep the following things in mind: – Keep your calm A lawsuit is not the final judgement. The person who has filed the lawsuit against you must prove your fault before you can actually be held financially liable for damages. Do Not Admit Fault When someone raises a lawsuit against you, they are certain that you are at fault for the accident. In this case, you should not say anything or admit to the mistake at any point because whatever you say will be held against you in court. Avoid talking to anyone other than your legal help. Continue to Cooperate with Law Enforcement In most cases, at the time of your accident the police write a report, but they might also call you for a follow-up in case someone decides to sue you. Through the entire process, cooperate with law enforcement. Don’t try to lie or give false information as it might hurt your case subsequently. Stop Assuming That Your Case Will Go to Trial Most of such cases are settled out of court, should you admit and accept personal liability. For plaintiffs to file a lawsuit against someone it can get expensive and risky. The vast majority of car accident cases involve settlement between the insurance companies, your lawyer and the other party’s lawyer. In case your case does go trial, don’t be afraid, your attorney will be all set to represent you. Hire an Experienced Attorney You might be in grave trouble if you are sued for a car accident. But don’t worry, it will all get easy to handle once you hire the best firm with New York City car accident lawyers. You have all the right to represent yourself in court but your lack of legal knowledge might hurt you even more. If you are sued, the best plan would be to seek legal help, for that, connect with Siler & Ingber, they are the best in New York. They not only are a team of skilled professionals but they have handled so many similar cases that they know just the right way to get you out of it. Worry no longer, get in touch with the team today for a free evaluation of your case.
What Happens If You’re Hit By Someone While Driving A Rental Car?
If you have been driving around and get hit by someone while driving a rental car, you are in for a lot of hassle. Though in a lot of ways, handling an accident that has occurred with a rented car is similar to the one that is self-owned but there are some added layers such as rental car insurance, a rental agreement that increase the complexities of the whole case for which you should be totally prepared. What to do After Your Rental Car Accident? Ensure the well-being of everyone in the accident While this might be common sense, the first thing that needs to be done is making sure everyone is doing okay. Check the surroundings for dangers of explosion and also all the vehicles that were involved in the accident. In case of a serious injury to anyone, call 911 immediately. Get witness information Look for witnesses around, if you can spot any, get their contact information. In case you are to file for compensation, these witnesses can be useful. Take notes and also pictures Collecting detailed information about the accident is important such as the exact location of the collision, vehicle numbers of the other vehicles in the crash, how the accident occurred, etc. Take pictures of the vehicles involved in the accident, the condition of the road and also the injuries if you have sustained any. Contact your car rental company As soon as possible after the accident, call the rental company and inform them about the accident. In rental cars, there is often an emergency number given either on the dashboard or in the glove box. Your rental company can guide you on how you can go about the whole process. If you were not at fault for the accident that occurred while you were driving the rental car, you still must pay your deductible directly to the rental company from whom you rented the car, because the company is to get that car repaired as soon as possible. Once you have paid for the damages, your insurance company will go after the responsible party, which might then result in you getting reimbursed. How to get compensation for your Injuries? After the accident, you can file a claim with the insurance company and the other companies that are involved in the complete episode, including your own if need be. It is a very good idea to get your claims process started as soon as you have a better understanding of your trauma, injuries and other medical diagnosis as in most cases the insurance companies deny claims even after they are reported well after the incident occurred. Contact an Attorney It is essential to have an experienced lawyer by your side in case of personal injury claims. Siler & Ingber law firm has some top-rated attorneys who have been representing victims in collisions involving rental cars. Contact today and get a free evaluation of your case.
Car Accident While Pregnant? Here’s What to do Next
Having a car accident while you are pregnant is not only terrifying but presents a significant safety risk for the mother-to-be and the unborn child. After a car accident, it is not always possible for the doctors also to figure out if the unborn child was hurt during the car crash or not. It has been observed in many cases that the fetus can sustain serious trauma and injuries even if the mother is barely hurt. Symptoms You Should Watch Out for After a Car Accident While Pregnant Cramps or pain in the pelvic area Feeling feverish and chills Severe headache Losing consciousness during or after the accident Swelling on the face Blood or some fluid discharge from the vagina Vomiting that is not like that in morning sickness What to do After the Accident? Here in this blog the lawyers of Siler & Ingber advise you on all the important steps that you should take after you have been in an accident while pregnant:- Seeking Medical Help Right Away If you suffer serious injuries obviously there will be an ambulance taking you to the hospital but if you feel fine and there are no signs of any significant injuries, you should still seek medical help. A thorough medical examination will make sure that you and your baby are doing fine. Document the accident scene After you have been attended to by the doctor you need to document the accident using your phone. Click pictures of the vehicles involved, the present state of the road, injuries you have sustained and the full accident scene. Get help from local police and be sure to explain that you are expecting Call for help from the local police and let them know that you are pregnant. The police and emergency personnel would ensure that the health of an expecting mother is taken care of on priority. Save all the medical bills and receipts Keep saving all the medicine and doctor reports and bills so that they can act as proof of your injuries and financial losses related to the accident. These can be extremely crucial if you pursue a personal injury case after the accident. Get in touch with a Car Accident Attorney After an accident, you only have a very limited window to file a personal lawsuit. To give your lawyer as much time as possible to build a strong case, you need to get in touch as soon after the accident as possible. Getting assistance from an attorney will only ensure that you are able to recover compensation for your injuries that were caused due to someone else’s negligence. If you have been in a car accident during your pregnancy, know that you have all the right to seek justice and compensation for your injuries that were caused during the crash. Siler & Ingber’s team of lawyers have experience in handling such cases. For a free evaluation or consultation of your case, get in touch today.
How Road Rage Can Contribute to Car Accidents
Whether you believe it or not, but road rage is one of the top causes of road/car accidents. A momentary burst of anger or frustration can lead to poor driving decisions while on the road. It is often considered that road rage only includes extremely violent actions or behaviour when behind the wheel, but road rage can include many different kinds of aggressive driving. When a driver engages in risky/dangerous conduct because of impatience, frustration, anger or any other uncontrolled emotion, the threat of a collision skyrockets. Siler & Ingber car accident lawyers are well aware that divers involved in road rage are more likely to make mistakes in their driving conduct. Car accidents resulting from road rage can cause serious injuries to the driver and the drivers of the other cars involved. Here in this blog, we shall help you learn how road rage can influence car accidents. Actions that can be Examples of Road Rage Driving can be really stressful and hence here we have a few examples that qualify as road rage:- Frequent changing of lanes without any reason. Bullying by driving dangerously close behind a vehicle and forcing them to drive fast. Driving on a high beam when right behind another vehicle. Screaming or yelling curses which people in the other cars can hear. These are only a few; there are many other actions that can constitute road rage. Guidelines to Stop Accidents Caused by Road Rage There are certain ways in which a road rage accident can be avoided. All road rage episode starts with these key areas:- Keeping up the pace If you are driving slow in the left lane, you are asking for trouble. If someone is signalling you for a pass, you should move to the right lane regardless of your speed. Attitude It’s not a competition when you are on the road going from one place to another. Staying calm composed and focused is important to avoid road rage. Provoke Do not get instigated or provoked by another driver. You cannot fight alone. Remember, getting drawn into a confrontation will only end badly. Changing Lanes When changing lanes or merging into the traffic, do not surprise other drivers as they might get frustrated by your behaviour of suddenly merging into the traffic without proper signalling. Tailgating Keep a safe distance from the car in front of you. Tailgating can reduce your response to traffic and can also seriously annoy the driver in front of you. Apologize If you make a mistake while on the road, own it and apologize to the driver affected. Make appropriate gestures such as waving or smiling so that the driver knows you didn’t do it on purpose. Get in Touch with an Accident Attorney Road rage can get very ugly. The dangers of road rage and frustrated drivers should never get in the way of you reaching home safely to your family. Be alert, courteous and kind to avoid most cases of road rage. If you or your loved ones have been in an accident that was caused due to road rage, you should immediately get in touch with the Siler & Ingber team of attorneys. They are the best in this field and would help you get compensated in the best possible way. Get in touch for a free evaluation of your case.
4 Auto Parts that Need Regular Maintenance to Prevent Car Accidents
No one ever wants that they should get caught up in a car accident. To stay out of a car accident, you need to keep your car in a top-notch state. If your vehicle has some defective or poorly maintained parts, you might be in grave danger. Most of us postpone getting our cars thoroughly checked and failure to check certain important parts may sooner or later end up with your vehicle failing you. There are certain parts in every vehicle that wear and tear over time and need your attention from time to time. If these parts are left neglected, they might lead to a major car accident. Here we have 4 auto parts whose maintenance should not be neglected at any cost:- Tires Car tires are like shoes that keep the vehicle on the road. When your shoes are worn out, they slip on wet or greasy floors. Similarly, smooth car tires when worn out cannot grip the road, which makes your car skid when driving across a puddle or on rounding corners. You should always ensure that your car tires are up to road challenges to avoid skidding and other accidents. Worn-out tires might develop holes and tears which could pop without warning, causing the vehicle to spin out of control. Brake Fluid Everyone knows how important brakes are in preventing any accident. But every driver will admit that they do not pay much attention to the brake fluid, despite it being very essential. Brake fluid allows the proper distribution of force and pressure in a braking system to be applied evenly, correctly and predictably. Once you notice that your car is taking longer to slow down or stop, this could be a sign that your brake parts aren’t working properly. Neglecting initial issues with the brake can also lead to its failure. Car Axles Car axles are the ones that deliver power to the driving wheels. Driving over a high curb can mess up your vehicle’s axle alignment. In some extreme cases, if the axle alignment is disturbed it can cause your vehicle to drift to one side even when you are trying to drive in a straight line. The driver can also experience steering issues due to alignment issues, which can increase the chances of a serious car accident. Lights Whether its day time or night, exterior lights need to be inspected or replaced often. During the day you can still spot a car from far but at night a car without lights would be like a walking graveyard. It is very important to always make sure that all your lights, the front and the rear are working properly. Even if you are careful about all your car parts you can still meet with an accident because of someone else’s negligence. Although you can’t control all the elements on the road but you can still do your best to stay safe. If you are someone who has been in a car accident, get in touch with a personal injury lawyer from Siler & Ingber team. If it is not your mistake then the team of attorneys at Siler & Ingber will try their level best to get you the compensation that you rightfully deserve for your injuries. Delay no further, contact as soon as possible. Also, get a free evaluation of your case.
How Can You Tell Who Hit Who in a Car Accident?
When in an accident it can get really difficult to tell which vehicle was at fault for the collision that occurred. In case there are two or more vehicles involved determining who is responsible for the accidents gets extremely important as the other party is then liable to pay compensation. There could be a situation where there is more than one party that shares fault. If you or someone you know has been in a car accident then you will need to know who hit who. The other party involved in the accident could be negligent and thus legally responsible for the injuries caused to you. Every car accident is different and complex. There could be some underlying causes for the accident which could need investigation. In many cases it has also been seen that the car first hits a stationary object which then causes a chain reaction of collisions. Also in case of a traffic jam, several cars might collide with each other, in such a situation figuring out who hit who can get tricky. So how do you find out? Fortunately, in case of confusion, there are several ways to find out who is responsible for the accident. Here are some of those:- Testimony of Eyewitnesses Those who saw and were present near the scene of the accident are called eyewitnesses. The potential eyewitnesses could include bystanders, passengers, pedestrians, or even other drivers on the road. An eyewitness’s account is very valuable in piecing together who-hit-who in a car accident. It is essential that you and your lawyer talk to the witnesses as soon as possible because then for them to recollect what happened can be easy, as memories can fade. Footage from Surveillance Cameras In several public places, especially at certain traffic intersections surveillance cameras have been installed. These cameras record each and every moment that occurs on the road. It is not in your control that whether the place where the collision of your car occurred was covered by a surveillance camera or not, but you should always check if a camera was able to capture it. If there was a camera that captured the collision then there is no better evidence of who-hit-who than the video of the mishap itself. Report of the Police After every accident the police conduct a preliminary investigation of the possible causes of the accident. They examine the vehicles that were involved in the accident and also look for clues on the road. Seeing the damage, point of angle, the location where the vehicles ended up after the collision and the road condition all can help police to come to a rough conclusion as to who was responsible for the accident. By examining the cars and the drivers the police can also determine whether the drivers involved in the accident were intoxicated or broke any laws, etc. Your Injuries Soon after the collision, the drivers should get their injuries recorded by medical personnel. Your injuries could also be recorded and can be used as evidence later when you put in a claim for compensation. If there is a dispute in the who-hit-who case then the doctor’s testimony also holds quite a lot of importance as it can help determine the truth. How can a Personal Injury Attorney Help? Who-hit-who is the first and the most crucial question that is asked after a car collision/accident. This question must be answered as it will help decide the responsible party for the collision. Contact a Personal Injury lawyer such as the Siler & Ingber team of attorneys who are the best in New York to help you with any complications in your legal fight for compensation. They will make sure you don’t end up jeopardizing your legal rights. To prove your claim against the other driver, get in touch with the Siler & Ingber team of lawyers.
Blood Alcohol Level & DWI
Drunk driving is a serious offence not just in New York but all across the globe. If you are caught ‘driving while intoxicated’ (DWI), you will have to face several penalties, including jail time and also substantial fines. Not just these, if you cause an accident while drunk driving, the injured victim may sue you for the damages caused to them by the DWI accident. New York Alcohol Laws New York is a city that never sleeps but what you wouldn’t want to do is wake up in jail because you were too high on alcohol and decided to drive home yourself. New York could be a dream city for many but just one night of drunk driving can make New York City a nightmare for you. Each and every state in New York has its own DWI laws but the punishable blood alcohol content (BAC) levels for all states are 0.08, also the punishments vary everywhere. If you are getting behind the wheel while intoxicated, there are a few things that you must know about alcohol offences in the city of New York. Chemical Test Refusal The driver who is suspected of driving intoxicated and refuses to take a chemical test, such as a breath, blood or urine test, can be charged with the crime of chemical test refusal. You will be charged with a penalty of $500 and in the case of commercial drivers, it is $550. In the chemical test refusal, there is no jail time but the license of the driver could be revoked for at least 1 year. For a commercial driver, the license could be revoked for 1 month. If you have any subsequent offences, your fines and suspension increase accordingly. Zero Tolerance Law New York City has absolutely no tolerance for underage drinking or the use of illegal or prescription drugs while behind the wheel. If there is a driver who is under the age of 21 years and whose BAC is between 0.0 – 0.07, he/she violates this zero-tolerance law. The penalties for breaking this law are $125 and $100 extra to terminate the suspension. For this violation, there is no jail time but the license of the driver would be suspended for at least 6 months. Any other offence would only increase the suspension and the fines. There could be other consequences that the offender might have to face, such as increased insurance rates. Driving a vehicle in New York under the influence of alcohol or drugs can be an extremely dangerous crime. The law system of the city is very strict about penalizing offenders. Even a first-time offence can burn a hole in the pocket of the driver. If caught, the lawbreaker may have to pay $10,000 in legal fees and fines. If you or your loved one was in a car accident which was caused by an intoxicated driver, you can file for a claim or even sue the driver. Siler & Ingber’s attorneys will give you the right legal advice which would help you get the compensation that you are entitled to. Get in touch with the expert today for any kind of personal injury legal assistance.
Mistakes after an Auto Accident
When you are injured in an auto accident, you under a lot of suffering, be it physical, emotional, mental or even financial. If the accident is due to the other person’s negligence then the law allows you to claim compensation for your suffering and the losses incurred during the accident. After the accident how you respond to the complete situation decides whether you will be able to receive a fair recovery of your damages or not. In most cases, victims make certain mistakes which prevent them from getting the compensation that they really deserve. You might be well aware of the things you need to do after an auto accident but what you might not know is what you should not do after an accident. Here are a few mistakes we have listed that you would want to avoid if you’ve been in an auto accident. These mistakes might just jeopardize your car crash claim and reduce the amount you could have recovered as compensation. Not Seeking Medical Help Immediate medical attention is important so that you can heal quickly and properly from your injuries. Also, going to a physician is vital as to document your injuries. The treatment you take from the doctor is a piece of evidence in your auto accident claim. Just saying that you got hurt is of no use in a lawsuit. Your injuries need to be verified by a doctor. Delay in visiting the doctor might make the negligent driver claim that you didn’t get hurt in the accident and the injuries you tell about later after the accident happened elsewhere. Visiting a doctor as soon as you can after the mishap will prevent such bogus claims. Not Approaching the Police The report filed by the police can be of great value for your claim for recovery. The police officer that arrives at the scene might collect some valuable evidence that might be in your favour, which later can be used by your lawyers. Not calling the police might indicate that you are the one at fault for the crash. Accepting a Settlement Swiftly The first settlement that comes from the other side is not usually the best. Most of the times the victim has already been through so much that they are tempted to resolve it quickly. If you pursue the case a little more there are chances that you will get a fair settlement. Hire a lawyer to handle all these settlements and you’ll be freer mentally and would be able to pay more attention to your recovery. Missing out Parts of the Story Skipping parts of the whole crash can worsen things for you. The attorney you hire is your teammate and hiding anything from them will only take you away from recovering compensation from the other party. Honesty with your attorney is important, share all, good, bad, ugly with the lawyer so they can help you in the best possible way and prepare a strong case on your behalf. Get a Car Attorney’s Help! Auto accidents can be traumatizing and at any stage the car accident lawyers in new york can help you dodge errors. The sooner you get a lawyer involved in the case, the better it is as they can start work on your case and come up with the best possible decisions for your case. Siler & Ingber are brilliant lawyers who ensure they get you a fair settlement so that you can recover quickly from your injuries and carry on with your life. Avoid making these mistakes mentioned in the blog as they can lower your chance of getting the compensation you need to recover completely. With the team of Siler & Ingber, you can rest assured; your case is in good, experienced hands. For a free evaluation, get in touch.
