Have You Been in a Car Accident Due to Drunk Driving? Here’s All You Need to Know!
New York City is noted as being the most populated city in the US. High populations result in higher percentages of pedestrians, motor vehicles, and unfortunately, accidents. The New York City Police Department has noted that there were 7,733 reported collisions in January 2022. Among the contributing factors of injuries and collisions is driving under the influence or driving while intoxicated. As per estimates, drunk driving accounts for more than 10,000 lives every year in the US. This is a matter of great concern. A car accident attorney can vouch for these unfortunate numbers. It is important to remember that laws related to drunk driving and the resultant penalties vary for each state. Hence, if you’re in New York, here’s all you should know about drinking while intoxicated: Who is considered “legally drunk” in New York? Drivers of private vehicles/non-commercial drivers above the age of 21 years are considered legally drunk when their blood alcohol level is .08 or more. On the other hand, drivers of commercial vehicles (trucks, buses, etc.) are considered legally drunk if their blood alcohol level is .04 percent or higher. Drivers who are below the age of 21 years are considered legally drunk if a chemical test reveals that they consumed alcohol. What are the penalties for a drunk driver in New York? First-time offenders For a first-time offender whose blood alcohol level is between.08 but and .18 can be jailed for up to one year and a fine of $500 to $1,000 is levied. Their driver’s license is revoked for at least one month. A first-time offender whose blood alcohol level is more than .18 can face imprisonment of up to one year and are liable to pay a fine of at least $1,000. Their license is revoked for at least one year. Importantly, if an offender is placed on probation, they are mandated to use an ignition interlock device till the license is restored and all throughout the probation term. Second-time offenders Second-time offenders of DWI can face up to 10 years in prison and a fine of $1,000 to $5,000 may be levied. Their license is revoked for at least one year. In the event where the first offense was due to a blood-alcohol level of .18 or more, the revocation period is at least 18 months. Third-time offender If a person is caught drinking under influence for the third time within a 10-year period can face up to 7 years in prison and an imposed fine of $2,000 to $10,000. In certain situations and due to varying factors, their license may also be permanently revoked. People who drive while intoxicated is not only a threat to themselves but also others on the road. Hence, they’re often the cause of many accidents that can cause either severe injuries or be fatal. This means that the person who causes the crash should pay you for all the damages caused. It is best to seek legal help from a car accident attorney to get the compensation you deserve. If you or someone you know has been injured in a car accident involving a drunk driver, you need the car accident lawyer, contact Siler & Ingber, today. Call us at 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case.
The Timeline of a Car Accident Claim
In the United States as well as specifically in New York, car accident claims account for one of the highest numbers of personal injury claims. Car accident attorneys are busy settling one case after another ensuring that the victim gets due compensation and a settlement that is fair to the pain, trauma, suffering caused due to the accident. Due to the high number of car accidents as well as the sensitivity of time involved with respect to the validity of the evidence, there is a proper timeline that needs to be followed in a car accident claim. Here is all you need to know about. Statute of limitations First of all, once a car accident occurs, the New York statute of limitations for injured car accident victims is three years. However, in the unfortunate event of the victims’ death, representatives generally have two years to file suit as per New York’s wrongful death statute of limitations. Hence, once the accident occurs, it is important to hire a car accident lawyer or file a suit as soon as possible. Although the statute of limitations is three years, it is advisable to move quickly as far as possible. Seeking medical care In parallel, it is pertinent that the victim seeks medical care immediately after the accident. Even if the injuries are not severe, it is important to go through a proper physical check-up to identify any internal or hidden injuries. Collecting evidence After stabilizing medically and once physically capable, the victim, with support of the car accident attorney should start collecting evidence. This includes photographs of the accident sites, witnesses’ accounts, medical bills, other relevant documentation such as loss of income, etc. Building the case This is the most important aspect of the process and involves preparing the settlement. It is recommended to hand over this process to a qualified and experienced car accident lawyer so that they leave no stone unturned in ensuring that you get the settlement you deserve covering all costs – short and long term – as well as other intangible aspects of emotional distress, trauma, etc. Negotiations Once the evidence is collected and the settlement is drawn out, the car accident lawyer will begin the process of negotiations with the insurance company of the at-fault party. More often than not, these cases are settled out of court, however, that being said, the insurer does not make it easy for the victim to get the due settlement. They find ways and means to reduce the compensations as far as possible. Hence, auto accident attorneys are best placed to lead this process. This process could last anywhere between one to two years. Lastly, if the negotiations do not conclude out of court, then the next step is to file a lawsuit against the insurer. This could become a long-drawn process lasting months after the negotiation stage. Importantly, once the case reaches the court, the set of guidelines and rules completely change and plying to them is important to conclude the case in the favor of the victim. If you or someone you know has been injured in a car accident due to someone’s negligence, you need the best car accident lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Five Types of Car & Truck Accident Damages You Should Know About
An accident caused due to someone negligence can cause a lot more than injuries. One of the most common accidents to occur in New York and its vicinity are motor vehicle accidents such as car accidents, truck accidents, bus accidents, etc. The injuries sustained in such an accident can vary from mild to severe, but there’s more to it. Let us understand the different types of injuries that you should tell your personal injury attorney about. Loss of Wages: An accident often leaves the injured person incapacitated to be able to go to work for a short or long period of time due to the injuries sustained and the recovery time required, hence, lose income. This is referred to as loss of wages. Any top injury lawyer will ensure that the loss of wages due to the accident are duly included in the settlement proposed to the at-fault party. Pain & suffering: Accidents are traumatic – physically and mentally. In that context, pain & suffering is an attempt to assign a monetary value to the physical and mental suffering that the victim wouldn’t have undergone if not because of the accident. The cost is calculated based on the evidence provided in relation to the accident. Essentially, these are non-economic damages and should be duly compensated. Medical expenses: These are the most straightforward type of expenses and refer to the medical bills borne by the injured party. It is important to note that some injuries require long-term treatment, and the personal injury attorney should be made privy to these so that they can be appropriately included in the settlement. Out-of-pocket expenses: These expenses refer to a variety of costs related to the injuries sustained by the victim. Examples of these expenses include transportation from home to the hospital for medical care, stay in a hotel in situations where medical expenses are sought out of the station, over the counter medication expenses, rental car expenses, parking fees, etc. Property damage: In various scenarios, a motor vehicle accident caused by a car, truck, etc., can lead to property damage, for example, if a car rams into a wall of a store on the roadside, etc. In such a scenario, in addition to the injuries sustained by the victim, any expenses related to the property and its repairs should also be covered under the settlement. If you or someone you know has been injured in a car or truck accident due to someone’s negligence, you need the top injury lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Importance of a Witness in a Car Accident Claim
A car accident is often a result of someone’s negligence. In such a scenario, the victim is owed compensation for the injuries they’ve incurred as well as other long- and short-term damages. In order to receive fair compensation, evidence is pertinent in a car accident claim. Evidence includes photographs, documentation such as medical bills, proof of loss of income/livelihood due to the injuries sustained, etc. Among the various evidence available, witnesses also play an important role, as agreed by car accident attorneys. Here is what you need to know about witnesses in a car accident claim. Types of witnesses There are two types of witnesses in a car accident claim: Eyewitness: refer to someone who was at the site of the accident, however, not one of the passengers in the motor vehicle that suffered or caused the accident. Their testimony is objective and a near first-hand account of what occurred at the site of the accident. Examples of eyewitnesses are pedestrians at the site of the accident, other drivers at the site of the accident, and employers/owners/customers of businesses in and around the area of the accident. If someone has been in an accident, car accident lawyers recommend that they try to talk to the witnesses and record their contact details to reach them at the time of filing the claim, and request their statement. Expert witness: In scenarios where claims are more complex than usual, and negligence cannot be proved with the evidence at hand, it is recommended to include expert witness testimony, for example, a medical professional who can confirm that the injuries caused are due to the accident. This can strengthen the claim and prove the negligence of the at-fault driver. Hence, in addition to maintaining medical records and expenses, it is pertinent to talk to the medical professional and seek their help, if required, as a witness. Impact of a witness on a case Both the categories of witnesses, as mentioned above, are important to a car accident claim. They build the evidence and strengthen it so that the victim can receive the compensation they deserve. Hence, witnesses, in addition to other evidence are critical to a car accident claim. If you or someone you know has been injured in a car accident due to someone’s negligence, you need the best car accident lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case
What to do after if you’re in a Rear-End Collision Accident
When a front of a vehicle crashes another vehicle from the rear, it is called a rear-end collision. The extent of the accident can vary from a minor bruise to a totaled car/vehicle. Moreover, it can also cause minor to severe injuries. In such a case, you’re owed compensation for the injuries suffered and other damages. A car accident attorney can help. Common injuries after a rear end collision Rear end collisions can cause physical injuries to the driver and other passengers. Here are the most common injuries after a rear-end collision. Neck injuries/Whiplash: Injuries to the neck, shoulder, and upper back are likely to occur in a rear end collision due to sudden jerk. Most often, the muscles/ligaments of the neck or shoulder stretch beyond range very quickly that causes straining or tearing of the tissue. If minor, these injuries can be cured with physiotherapy or medicines to reduce inflammation. However, a severe injury may need surgical intervention. Back or spinal injuries: The force and impact of a rear-end, especially if the vehicle was in speed, can cause severe back and spinal injuries. Spinal injuries are often serious and tend to take a long time to heal or become a lifelong condition. Bulging/herniated discs, facet joint injuries are common outcomes of rear end collisions. The treatment is often long-term and expensive. These conditions can also disrupt the day to day life of the victim. Fractured ribs: A rear end collision pushes the driver and other passenger forward. Depending on the severity of the jerk, people may end up with fractured ribs or other broken bones. In addition to being extremely painful, broken bones and fractured ribs take a long time to heal. They also restrict movement of the victim and hampers their ability to carry out daily tasks. In addition to the above, rear end collisions of high severity can also cause face disfigurement, paralysis, head/brain injuries, etc. While physical injuries do occur, such accidents also cause trauma that leads to an impact on the mental health of the victim. The post-accident trauma, medical expenses, losing income, etc. can put additional pressure on the victim’s mind causing distress. Steps to take after a rear-end collision If you’ve been injured in a rear-end collision, you deserve a settlement. This means that the person who causes the crash should pay you for all the damages caused. It is best to seek legal help from a car accident attorney to get the compensation you deserve. If you or someone you know has been injured in a car accident involving a rear-end collision, you need the car accident lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case.
What to do if you’re involved in an Uber/Lyft Accident
Uber and Lyft have become a popular choice for people in New York. The convenience of riding in a comfortable car without the hassle of parking or navigating the crowd of a bus or subway is truly a boon for the city resident. What do numbers say? Available data suggests that Uber, Lyft, and other similar ridesharing services account for nearly 20 million trips in NYC alone. Hence, accidents involving them are also common. Statistics suggest that rideshare services like Uber and Lyft have led to a 3% increase in overall car accident fatalities. Nearly 1,000 daily car accident deaths are due to the increasing number of rideshare vehicles on the road. Uber/Lyft accident lawyers are witnessing a rapid increase in accidents involving ride sharing cars. What are the causes of these accidents? Drunk/distracted driving Driving when tired due to excessive working hours Late night driving Rash driving You can be an accident involving a ridesharing service either (1) as a rider or (2) the driver of the car/vehicle the ridesharing car collided with. In both cases, the fundamental principle is to identify the fault. Hence, the following should be considered: The person has the responsibility of reasonable care (all drivers have a duty to drive carefully and obey all traffic laws) The person who breached the responsibility of reasonable care (the other person didn’t drive carefully or didn’t obey a traffic law) You were injured and suffered damages as a result of the other person’s breach What should you do after the accident? Here are the steps you should follow: Call the police: The first step is to call the police to report the accident. The police should be informed even if there are grave injuries as a police report is mandatory to claim insurance. Seek medical attention: It is absolutely critical to immediately seek medical care to make sure that injuries get proper care and treatment. Even if you think the injury is minor, it is a good idea to just get it checked out. Sometimes, even minor pain/injuries can linger over a period of time. Importantly, safely keep all the receipts and other records of medical expenses to claim compensation/settlement at a later time. Take photos: If possible, take photos of the accident site as visual proof to what really went down at the scene of the accident. In case you cannot take photos yourself due to any reason, try and find a witness who is willing to do it for you. The photos can come in handy as a strong piece of evidence to prove negligence. Talk to a witness: If witnesses are present at the site of accident, talk to them and record (with their consent) their description of the accident. This can also become useful evidence. Report the accident: Once you have sought medical attention, report the accident to the ridesharing company as well as the concerned insurer. It will help them prepare for the next steps. Hire a Uber/Lyft accident lawyer: Since such accidents are becoming common every day, specialist lawyers such as Uber Accident Lawyer or Lyft Accident Lawyer are required to help you navigate the complexities of the law and get the compensation you deserve. If you or someone you know has been injured in a car accident involving Uber/Lyft, you need an Uber accident lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced Uber/Lyft accident lawyers. Our consultation is free and we do not charge a fee unless we win your case.
What To Do After You’re In An Accident While Ride sharing
Ride sharing services such as Uber and Lyft have become the “go-to” choice for many New Yorkers. And, why not? They’re an easy, convenient, quick and feasible way to travel in a busy city without the hassle of going in a bus/train or parking your own vehicle. These ridesharing apps are responsible for millions of trips in the city. Hence, accidents involving them are also common. Car accident lawyers are witnessing a rapid increase in accidents involving ride sharing cars. What does it mean to be in an accident involving a ridesharing service? You can be in an accident involving a ridesharing service either (1) as a rider or (2) the driver of the car/vehicle the ridesharing car collided with. In both cases, the fundamental principle is to identify the fault. Hence, the following should be considered: The person has the responsibility of reasonable care (all drivers have a duty to drive carefully and obey all traffic laws) The person who breached the responsibility of reasonable care (the other person didn’t drive carefully or didn’t obey a traffic law) You were injured and suffered damages as a result of the other person’s breach What is the difference between a car accident involving a ridesharing service and those involving two privately-owned cars? With respect to determining fault, the process is similar in both of the above stated cases, however, the slight point of difference is the role of the insurer at the time when compensation is sought. Most drivers are covered by their personal auto insurance policy. Hence, when you’re involved in a car accident, you can make a claim with the at-fault driver’s insurance policy. A car accident attorney can ensure that you receive settlement for medical expenses and other damages. However, as per the “business explosion plan” in personal auto insurance policies coverage is not applicable when the driver is using their vehicle for business purposes. Hence, as soon as a rideshare driver picks up a customer, they do not have liability insurance as well as “no collision insurance” under their personal auto insurance policy. How does one claim settlement from an insurer in a car accident with a ridesharing service? The most prominent ridesharing services in New York, Uber and Lyft, provide a US $1 million in liability charges for their drivers, however, its applicability varies as per varying situations: If the driver isn’t logged into the app, no coverage is provided. When the driver is logged into the app but hasn’t accepted a ride request, then these ridesharing services provide liability coverage for any accident that’s the fault of the driver up to $50,000 per person and $100,000 total liability per accident. When the driver has accepted a trip and is on the way to the pick-up location, liability coverage is $1 million. When the customer is in the car, liability coverage is $1 million, in addition to limited coverage for damage to the driver’s car. If you or someone you know has been injured in a car accident involving a ridesharing service, you need the Car accident lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case.
An Overview of Car Accident Cases in Nassau County
New York and all its boroughs are witnessing a rise in car accident cases. However, the trends vary for every borough. Let us have a look at what happens in Nassau County with respect to car accidents. As per data released in 2018: A total of 40,306 car crashes were reported in Nassau County. As a result, there were 11,330 injuries. This includes 647 serious injuries and 61 fatalities. Of the total accidents, 28,915 crashes led to property damages only. Nassau County also has a higher rate of fatal pedestrian and motorcycle accidents as compared to the New York State average. Interestingly, when compared to Suffolk County, the population in Nassau County is lower, however, despite that, the number of fatal accidents, injuries, and serious injuries is higher. Generally, trends have shown that Long Island witnesses a high number of car accidents. The common causes of car accidents are: Distracted driving: this includes texting or talking on the phone while driving. Speeding: often a common cause, it can lead to rear-end collisions. Drunk driving: driving under influence of alcohol or drugs is a risk for the driver as well as other people on the road. Other causes are reckless driving, hit and run, etc. The statistics and the causes tell us one thing, that Nassau County can be a dangerous place for drivers, pedestrians, and cyclists. If you drive a car in Nassau County, it is pertinent that you drive keeping in mind all the laws and be alert on the road. An accident does not only harm the victim but the driver as well. What to do if you’re in an accident in Nassau County? If you are involved in an accident in Nassau County caused due to someone’s negligence, you deserve compensation. Hire a Nassau County car accident lawyer to help you through the process. How can a Nassau County car accident lawyer help you? By gathering relevant evidence through witnesses, photographs and other documentation such as medical bills, etc. the car accident attorney will help you arrive at a fair settlement. They’ll also ensure that the insurer of the at-fault driver doesn’t make you a low-ball offer. A car accident lawyer will make note of all your short- and long-term expenses as well as the pain and suffering caused. If you or someone you know has been in a car accident in Nassau County or elsewhere in New York City, you need the best car accident lawyers in Nassau County, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Here’s Why Pedestrian Accidents May Be on the Rise in the Near Future
As more people get vaccinated against COVID-19 and cities open up, the traffic will slowly come back on the roads. With businesses opening up and fewer restrictions, there is a potential risk or higher likelihood of accidents involving motor vehicles and pedestrians. At a time like this, as a pedestrian and a driver, it is best to be mindful and careful when you’re out and about. Pedestrian accidents can cause severe and long-term injuries to the victim involved. These injuries can have life-altering consequences. They can also be fatal. However, options such as hiring a pedestrian car accident lawyer are available to you as an injured pedestrian or family of someone who lost their loved one due to an accident on the road while walking. Here’s all you should know about pedestrian accidents in New York. New York Pedestrian Traffic Laws Here’s what you should know as a pedestrian in New York Drivers cannot pass vehicles at crosswalks so that pedestrians may cross. Drivers should be careful to avoid accidents with pedestrians. Drivers should allow pedestrians when the “walk” sign is flashing. Drivers should allow pedestrians when the “walk” sign changes to a flashing hand or other symbol. New York also has laws which protect pedestrians, here they are: New York State Vehicle and Traffic Law – This is the state’s official vehicle and traffic laws. If a pedestrian is injured by someone who was driving who violates this law, they will often be found negligent in a civil suit. Elle’s Law: Any driver who violates any traffic rules and ends up injuring an individual gets their license suspended for six months. If they have another incident that violates Elle’s Law within a five-year period, their license is suspended for one year. Hayley and Diego’s Law – This law penalizes a motorist when they fail to exercise care in operating a vehicle and injure a pedestrian or bicyclist as a result. The first offense attracts either a $750 fine, or 15 days in jail, or undertaking a driving training course. On second offense, the driver is charged with a misdemeanour. A pedestrian accident attorney will thoroughly review the situation and find the right violation and subsequent charges so that the injured pedestrian can get their fair due. Know the deserved compensation Getting the right compensation is paramount. Often, in a hurry to settle the matter, insurance companies of the “at-fault” driver will offer you a settlement, which will be far lower than what you actually deserve. Instead, focus on all the damages and calculate a fair compensation you should receive. Some of the factors to include while calculating the compensation should be your medical bills, transportation expenses, medicines, pain and suffering, emotional distress. Hire a pedestrian car accident lawyer today to help you recover the compensation you deserve from the at-fault driver and their insurance company via an accident case. If you or someone you know has been injured as a pedestrian due to a driver’s negligence, you need the top personal injury attorneys, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Accidents on a Sidewalk – Who is Responsible and What to Do?
In a busy city like New York, sidewalks are the whole and soul of pedestrians. Bustling streets, lots of traffic coupled with the fast pace of city life keeps side-walks crowded day and night. However, falls on sidewalks have also become a common cause of accidents, especially slip and fall. In fact, in some cases, the injuries can be so grave that they require long-term medical attention or can even be fatal, for example, a backward fall can very well lead to a traumatic brain injury or a hip fracture. Top injury lawyers across New York have handled various cases of negligence which has led to accidents on the sidewalk. But how do injuries on the sidewalk even occur? Some of the common reasons are: Cracks on the sidewalk Broken or uneven sidewalk Loose bricks in the sidewalk Icy sidewalk Grating on the sidewalk Incomplete pavement / ongoing construction work on the sidewalk without adequate warning for the pedestrian But if you fall prey to one or more of the above is it really your fault? No, these accidents could have been caused due to someone’s negligence and you deserve fair compensation. However, it is important to prove negligence of the party responsible to take care of the sidewalk in terms of maintenance, etc. While it may seem that the city administration is responsible in case of such an accident but it is important to note that New York signed two bills into law a few years ago that reduce the city’s liability for someone’s injuries occurring from a defective or poorly maintained sidewalk and place that responsibility upon the owner. Hence, in New York, property owners, residential and commercial, are responsible to maintain the sidewalks in front of their houses and/or businesses to ensure that the sidewalks are safe. This refers to fixing all kinds of damages – icy sidewalks, loose bricks, etc. Therefore, in case someone falls, the responsibility lies on the property owner and will be held accountable. But they will only be held accountable if they knew about the potential risk and did not address it. But proving it can be difficult. Hire a personal injury attorney to help you prove negligence. But here’s what you should when you get injured: Get medical attention – Do not delay going to the emergency room even if the injury seems minor at the time. It is best to get the doctor to give you a check-up to ensure there are no internal injuries. Importantly, keep the medical bills, etc. safe because your injury lawyer will need them while filing for compensation. Photographic evidence – If possible, photograph the surroundings, especially the area where you fell so that the damage can be visually seen by all parties involved. If you’ve been hurt, you can request someone to do it for you. But the sooner you collect photographs, the better. Check for witnesses – If anyone was around at the time of your accident, request them for their cooperation and take their contact details. Their statement can become a strong piece of evidence for you to get the compensation you deserve. Document all expenses – While the injury may have caused a lot of medical expenses, there are other expenses as well that go unnoticed in compensation, for example, loss of income due to missing work, transportation expenses to visit the doctor, etc. It’ll help your personal injury attorney to account for all the expenses while filing for compensation. Lastly, don’t worry, let your injury lawyer do the needful for you and get you just and fair compensation for your injuries and trauma. If you or someone you know has been injured in a sidewalk accident due to someone’s negligence, you need the top injury lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
