Seat Belt Law to Change in New York State on November 1, 2020
From November 1, 2020, a change in the New York state law mandates all front and back seat car passengers to wear seat belts. The new regulation also requires a properly fitted car seat for all children under the age of eight. The revised law applies to privately-owned cars, cabs, Uber, and Lyft. Here’s why seat belts are important Seat belts save lives, and their importance cannot be overstated. A report by the National Highway Safety Traffic Administration suggests that 47% of the 37,133 people killed in motor vehicle accidents were not wearing seat belts. The report also mentioned that wearing seat belts saved the lives of nearly 15000 people. Unfortunately, people often do not wear seat belts, especially those in the back seat, despite known benefits. Even in states where back seat passengers must wear seat belts, only about 81% report they abide by the law. In states where the law does not mandate it, only 67% wear a seat belt in the back seat. Moreover, if you’re in a car accident, not wearing a seat belt can put you at a higher risk of severe injuries, which require long recovery periods. We urge you and your loved ones to wear seat belts and stay safe. Seat belt laws in New York state Interestingly, in 1984, New York became the first state in the country to mandate passengers to wear a seatbelt. Until now, passengers aged 16 years or above were required to wear a seat belt only in the front seat next to the driver. However, as of November 1, 2020, all passengers are required to wear a seat belt, including back seat passengers. How the seat belt law works Violators of the seat belt law can be fined up to $50 per person. Drivers can also be fined $25 to $100 and receive three penalty points on their driver licenses for each violation. If you or someone you know has been injured in a car accident, a car accident lawyer can help you file a claim against the negligent driver and seek compensation for the injuries and other damages caused. However, if you were not wearing a seat belt at the time of the accident, it can substantially impact your claim and compensation. If you were not wearing a seat belt when the accident occurred, three doctrines can be used by the negligent party’s lawyer against you, namely contributory negligence, comparative negligence, and modified comparative negligence. Every state is free to choose the doctrine. In New York State, the comparative negligence doctrine is applied in a case where the victim is also at fault in an accident. Comparative negligence refers to a comparative analysis where the accident victim shares blame for the injuries caused to them. If this doctrine is applied, the victim can recover some amount in the form of compensation. Still, a certain percentage of the amount is reduced to hold the victim accountable for their mistakes in causing the accident or injuries. However, in the case of not wearing a seat belt, comparative negligence will only be applied if the absence of a seat belt either caused the accident or any injury. A car accident lawyer will carefully go through the details of your accident to suggest the best way forward. We urge you to take note of the regulation change and ensure that you wear a seat belt, whether in the front or back seat. We wish you and your loved ones a safe drive.
Relevant Evidence Needed for a Car Accident Case
Car accidents are a common occurrence in America and New York is home to numerous car accidents due a high population of drivers. Reports and data show that nearly 19,000 accidents in New York occur per month, which equals nearly 670 accidents every single day. Accidents are often a result of someone else’s negligence. A motor vehicle collision can cause serious, long lasting, traumatic injuries. Often these injuries lead to numerous challenges including pain, surgeries and medical treatments, high medical bills and other financial liabilities. These challenges can cause great stress and trauma to the victim and their family. In such a case, the victim should be paid the compensation they deserve. A motor vehicle accident law firm can help you through the process to fight for your rights and get the compensation your need and deserve. Once you hire a car accident lawyer, the first thing is to gather the evidence required to file the claim. Evidence is fundamental to your claim as it is used to prove the negligence of the driver who caused the accident. In cases of car accidents, evidence becomes even more important due to sheer number of claims. Such high number of car accidents indicates high number of claims, and supporting your case with comprehensive evidence will not only make your claim stronger, but it will also make the process faster. The best car accident lawyers in New York will help you acquire the necessary evidence you need before proceeding with your claim. What counts as relevant evidence? Even the best car accident attorney is going to need strong evidence to get you the compensation you deserve for all of your physical and mental injuries caused by the accident. In a car accident, some evidence can help more than others. Here’s what you should keep in mind while collecting evidence after a car accident: Witness testimony – A testimony from someone who saw the accident can become one of the strongest pieces of evidence. While it may be difficult to talk to a witness right after the accident, it is best to get the contact information of anyone who was physically present and reach out to them along with the lawyer. A car accident plaintiff lawyer will know the best way to talk to a witness, as they know the relevant information needed for your case. Photos – Photographic evidence can play a pivotal role in your accident claim. It is best to click as many photos as possible right after the accident. The photos should ideally capture the: Internal and external damage caused to the vehicle Exact spot where the accident occurred Injuries sustained Damage caused to anything else around, for instance, if the car also hit a pillar or a post. Debris or skid marks Weather conditions Physical position of both the vehicles after the accident Signage, Traffic Lights and images of the intersection or location of the accident Camera footage – The most helpful evidence in a car accident case is video footage. This could either be from a CCTV installed on the road at the location where the accident occurred or if it was captured by a pedestrian’s smartphone. Be alert and look for cameras around, for instance, if there was a restaurant, hotel, or a store nearby, check to see if there is a camera installed at its entrance. If you think there might be a video, get in touch with your car accident lawyer and seek their help to get the video footage. While the above stated evidence is to show the negligence of the at-fault driver, it is also important gather documentation and evidence related to you. This could include: Police Report Insurance documents of the other driver Medical records supporting the injuries you have sustained Medical bills for treatment of your injuries Documentation or proof of loss or income Any other expense you incurred due to this accident, for example, paying for bus or train fare as your car was damaged due to the accident Relevant evidence will form the basis of your claim and will heavily support the value of your case. If you have been injured in a car accident Get in touch with a car accident attorney today. If you or someone you know has been injured in car accident and you need a winning law firm, 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.
Can you Sue A Bar for Overserving and Allowing Drunk Driving?
Bars popping up in every nook and corner in New York state has sure given a boost to our social lives, but it has also contributed to instances of drunk driving. Numbers show that in New York state alone about 1.7 million drivers cause nearly 31 million incidents of drinking and driving each year. And shockingly, the probability of getting arrested is only one of out 500, showing that people will continue to take the risk of drunk driving. It is needless to say that drunk driving can cause accidents. These accidents can harm others as well as the person concerned. These can lead to long-term and traumatic injuries, and can even be fatal. But, here’s food for thought – what to do in case you meet with an accident due to a drunk driver? And the answer is simple, get a drunk driving accident lawyer. At the same time, it is important to keep yourself aware of the know and how of accidents caused due to drunk driving. Most often, accidents due to drunk driving are caused when people go out to drink at bars and restaurants and drive back home. In these cases, it is possible to sue the bar for over serving alcohol and aiding drunk driving. A drunk driving accident lawyer will look into this aspect before putting together your financial compensation claim. What do you need to know about suing a bar? Excessive drinking causes loss of inhibitions which may lead to over drinking. In such a case, expectations of personal accountability may go down, hence, some responsibility falls on the owner of the bar to stop serving alcohol and also make efforts to ensure that the drunk person does not drive. If the accident is caused by a drunk driver after leaving the bar, then a drunk driving accident lawyer can sue the bar under “dram shop case”. What is a dram shop law? The law holds businesses liable when they serve or sell alcohol to minors or to clearly drunk people who cause accidents and subsequent injuries or other losses. There are two types of dram shop cases – (1) first-party dram shop case, under which the intoxicated person can hold the bar owner responsible for overserving him or her which led to an accident or injuries, and (2) third-party dram shop case, under which victims of a drunk driving accident can hold the bar responsible for causing the accident. How can a drunk driving accident lawyer help in a dram shop case? While the dram shop law may seem straightforward, proving the accountability of the bar owner may be a challenge, for example, they may easily say that they weren’t able to decipher if the person was drunk or not. A lot of evidence is required to sue the bar effectively so that you can get the compensation you deserve. A drunk driving accident lawyer is the way to go as they have immense experience in handling such cases, by holding the right party responsible as well as seeking claim for all tangible and intangible injuries, losses and other hidden expenses. If you or someone you know has been a victim of an accident due to drunk driving, get a drunk driving accident attorney today. Reach out to Siler &Ingber, LLP, call us on 1-877-529-4343 or contact us via our online form on this page to schedule a free consultation and case evaluation with a drunk driving accident attorney.
Is Your Child In The Right Car Seat?
Motor vehicle accidents are the leading cause of death for American children. The National Highway Traffic Safety Administration (N.H.T.S.A.) estimates over 3,300 children under the age of 13 die in car crashes every year. Sadly, approximately 40 percent of these tragic accidents are the result of poorly fit car seats. Securing children in an appropriate car seat for their age and size is a vital step to protecting them in an accident. Hundreds of parents and guardians unknowingly make simple mistakes when fitting, installing, or buckling their children in a car seat. Some adults skip the car seat altogether. These simple errors could lead to life-threatening injuries if an accident occurs, including the onset of traumatic injuries from improperly placed straps or the possibility of ejection from the vehicle. Child Passenger Safety Awareness Week is an annual safety campaign highlighting the importance of making sure children are properly fit and secured whenever in the car. Last month, the N.H.T.S.A., along with countless other local and national safety organizations, focused on educating parents and guardians on the importance of choosing the right car seat and provide resources on how to ensure a child is properly secured on every ride. Car Seat Mistakes To Avoid Car seats will not protect children in an accident if they are being used incorrectly. The N.H.T.S.A. estimates that three out of four car seats are not being used properly. Some of the most common mistakes include: Installation Errors: Common installation mistakes include wrong angles, using the wrong belt, not securing seat correctly, not following the manufacturer’s instructions. Turning Car Seat Too Soon: According to new recommendations released by the American Academy of Pediatrics, parents should keep their kids rear-facing as long as possible. Yet, several parents turn their kids around well before just because it’s easier. Not Using the Top Tether: The top tether of the car seat can keep children facing forward from toppling in a car accident. Fatherly reports more than 64% of parents don’t even use the top tether, and 50% aren’t attaching it correctly. Tightening Shoulder Harness Incorrectly: Leaving space in the harness is extremely dangerous and can cause your child to slip out of the seat and be ejected from the car. There should be no slack in the shoulder harness. Letting Kids Wear Winter Coats: Winter coats can cause a child to be loosely secured in a seat, even if it appears the straps are tight. There are an extra four inches of space between the coat and the child that can cause a child to fly out easily. Choosing The Wrong Seat: If children are in a seat that is too big or too small, they can be seriously injured in a car accident without the proper protection for their bodies. Missing Recalls: Not sending in the registration form for your car seat can cause parents to miss important safety recalls for their products that could put your kids in danger. The Worst Car Seats To Use Car seats are expensive. The cost alone of a modern-day car seat is enough to hinder a parent’s choice to purchase a new one. But holding on to an older car seat or choosing a cheaper option may not be a safer alternative. Here are the types of car seats parents should avoid: Expired Seats: Car seats have expiration dates for a reason. According to Consumer Reports, car seat components break down over time. This can lead to safety features failing in the case of a crash. Car seats that are typically over six-years-old should be replaced with newer models. Car Seats That Have Been In Accidents: Car accidents apply a large amount of force on objects inside the car, including the seats. Safety experts recommend replacing car seats after an accident due to the stress placed on the safety components. Keeping seats after an accident could result in life-threatening injuries or the product to fail in a crash. Second-Hand Seats: Parents who buy second-hand seats do not know the history of the product. These models may have been subject to recalls, accidents, and other mistreatment that compromise their integrity and durability. The cost reduction is not worth the risk. Best Car Seats of 2020 How do you know which car seat to choose? Child passenger safety seats should be determined by a child’s height, weight, and age. There are five types of car seats made for children: infant car seats, convertible car seats, booster seats, all-in-one car seats, and toddler booster seats. Each is designed to protect children up to a certain size and should be used according to the manufacturer’s instructions. The number of choices for car seats can be overwhelming for parents, especially if this is their first time purchasing. Consumer Reports provides several resources parents can use to determine which seat is best for their child. Parents can also take advantage of the Find The Right Car Seat tool offered by the N.H.T.S.A.
Accident at a Construction Site – Trends, Causes, and Workers’ Rights
Everywhere we look around, we see buildings and construction. As cities grow, so does the demand for infrastructure. But who builds buildings? It’s people among us who we see every day working hard in the heat and cold to make us dazzling offices and cozy homes. But do you know that the construction industry is one of the most dangerous industries! In the United States, of the 5000 private-sector industry workers who die, 20% are in construction. Among various causes, the four most fatal are falling, being struck by an object, electrocution and being caught in two objects. Combined, these reasons account for nearly 60% of all construction-related deaths. However, many severe non-fatal injuries are also common at a construction site, of which, slips, trips, and falls are the most common. Unfortunately, construction is one the most dangerous professions in New York as workers are at a higher risk as the death rate is more than five times the death rate of other workers in the city. But what is the reason for such high fatalities and severe injuries in New York? Here’s a sneak: A high number of falls -In 2015, the New York Committee for Occupational Health and Safety falls from height accounted 71% of all construction-related injuries. The top reasons for falls were scaffolds, ladder falls and falls from roofs. Not enough inspections – The inspections have not increased in proportion to the construction, rather they have reduced. This has also led to safety violations which puts workers at risk of injuries. Violations of safety protocols–Data on construction inspections by OSHA have shown that 66% sites had safety violations. Unskilled labor – As demand for labor is increasing due to massive construction in the city, the availability of skilled workers is thinning. Hence, contractors higher unskilled labor who are not familiar with the equipment, machinery etc. and become vulnerable to injuries. Moreover, the reasons for such accidents to occur are also fairly common. These are mostly because of improper fall protection, ladder risks, power industrial trucks, hazardous communication standards among others. The above statistics clearly show that owners and contractors are not doing what’s required to ensure that the workers are safe on the job. Moreover, while such risk is a part of the job of a construction worker, if something goes wrong, the consequences can be devastating – physically and mentally. Remember, all workers have rights, including construction workers, especially when they are injured on the work site. These rights go beyond workers compensation and may include other financial compensation. A construction accident attorney can take a worker through them in case of any mishappening. What are the Safety Requirements ? The Occupational Safety and Health Administration (OSHA) has clearly laid out the safety regulations for all construction sites. You can have a look at them here. If you think, that your construction site does not follow any of these safety norms, get in touch with our construction accident attorney today! Moreover, New York also passed a construction safety bill in September 2017 which requires all workers and supervisors on building construction sites to get undergo safety training. If you think, your supervisor hasn’t gone through the training, reach out to our construction injury attorney. Lastly, in New York, construction workers are protected under the New York Labor Law: Section 240. It refers to accidents due to falls from high locations, one of the most common causes of accidents on job sites. Section 240 indicates that workers have the right to protection from falls when they are working in high elevation. It also includes protections from injuries related to falls of objects from high locations. If you or someone you know had an accident, reach out to a construction accident attorney so that they can get you the fair compensation you deserve. There’s More to a Construction Accident than Workers’comp ! There are several reasons to seek a settlement beyond what is usually awarded for workers comp. A worker’s comp payment for temporary disability or permanent disability is often very low and does not account for other factors, including pain and suffering or lost quality of life. In addition, workers comp does not hold negligent employers responsible. Some other instances where you need to look beyond the worker’s comp are: If a contractor outside of your employer or a passerby caused the accident, you can hold them responsible. You were injured as a result of an employer’s or coworker’s willful negligence or malice You were injured by a defective product You were injured via exposure to a toxic substance Your employer does not carry workers comp insurance Get what You’re owed To get everything you’re owed – for the tangible and intangible loss caused to you or your loved one – get in touch with our construction injury attorney today. They’ll help you out with your concern— be it against the employer, a product manufacturer, or someone else—so that you get every penny you’re owed. Reach out to Siler & Ingber, LLP, call us on 1-877-529-4343 or contact us via our online form on this page to schedule a free consultation and case evaluation with a construction accident attorney.
Can I Sue Uber If I Have Been Hurt in an Accident?
Uber rides are an incredibly convenient option for getting around New York City. But this convenience could be coming at the cost of your safety. Every year, hundreds of people are injured in Uber accidents either as passengers, fellow motorists, or other individuals sharing the road. Uber drivers make their profit from accepting and completing as many trips as possible during a shift. This mounting pressure often leads drivers to swerve in and out of traffic, speed, drive up on curbs, and constantly look at their phones for trip requests while driving on congested city streets. Drivers who display these types of aggressive and reckless driving behaviors increasingly put the safety of others at risk. The National Highway Traffic and Safety Administration (N.H.T.S.A) reports that aggressive drivers cause 66 percent of traffic fatalities on American roads. Aggressive driving can be defined as someone who does any of the following meanders: Speeding; Slamming on the breaks; Accelerating quickly; Failing to obey stoplights and stop signs; Failing to yield; Tailgating; Driving on the shoulder of a rod; Passing in no passing zones; Neglecting to use turn signals; and Changing lanes sporadically and often. While all drivers who share the roads in New York State have a responsibility to operate their vehicles with care, Uber drivers are the ones who are getting paid to safely transport riders. It is their job to make sure they are using caution and to prioritize the well-being of others. When an Uber driver’s negligence results in an accident or injury, the company and the driver should be held accountable. New York City and Long Island residents who have been injured as a result of an Uber accident may qualify for compensation outside of personal automobile insurance to cover damages sustained. In this article, we will cover the multiple in which Uber could be liable for your injuries and the critical information you’ll need to file a successful claim. When You Can File an Uber Claim When an Uber driver causes preventable injury to someone on the job, the victims of these accidents may qualify to file a claim against the company. There are several situations in which this might occur. Uber Passengers Passengers who are injured by Uber drivers may have several reasons why they are justified in filing a claim for damages. Uber drivers who display aggressive driving behaviors can give riders stress injuries such as whiplash, bumps and bruises, or even head injuries from quick turns or forceful stops. In the case of a serious accident, these injuries may be elevated to more severe damages such as broken bones, spinal cord injuries, and traumatic brain injuries from forceful impacts. The condition of an Uber car may also come into question when investigating an accident caused by negligence. Cars that are not properly maintained or lack of required safety features (seatbelts or airbags) can fail to protect passengers in an accident. Documenting these variables can be crucial pieces of evidence to show how an injury could have been prevented, even when the driver was not outwardly reckless while driving. Occupants of other Vehicles Drivers and passengers sharing the road with Uber drivers can sustain traumatic injuries when an aggressive driving accident occurs. Fender benders, sideswipes, and left-hand collisions are the most common accidents occurring in the city when drivers neglect to use caution and follow basic traffic rules. Uber drivers who are looking down at their cell phone apps simultaneously at the time of a collision put occupants in other cars at even higher risk for serious injuries. Distracted drivers, who do no pay attention to the activity on the road, do not have a chance to slow down or swerve to avoid hitting other vehicles at full force. Bicyclists, Motorcyclists, and Pedestrians Uber drivers who are focused on picking up as many riders as possible often neglect to yield to other non-driving individuals sharing the road. Pedestrians, bicyclists, and motorcyclists bear little protection in the case of an accident. When Uber drivers swerve quickly, fail to yield, or drive up too close to curb, life-threatening accidents can occur. How To File A Successful Claim Regardless of how you were injured in an Uber accident, plaintiffs interested in pursuing a claim must be able to prove two conditions: that the Uber driver’s actions were directly liable for the accident that caused your injuries; and that the injuries and damages sustained were directly related to the accident. There are several steps you can take to gather the evidence needed to prove these circumstances, including: Medical Attention: Your health should always be the priority. Receive the appropriate medical attention directly after a motor vehicle accident to evaluate your health. Delayed treatments and regimens could result in more serious injuries down the line. Take Photos: If you are physically able to take photos of the accident scene, these images can be extremely helpful when it comes to backing up your claim. Photos should be taken before the vehicles are moved and include all physical damages done to the vehicle. Gather Documentation: Keep all documents, bills, reports, medical notes, prescriptions, or any other records associated with your injury. This documentation is key to showing the extent of the physical damages sustained and the considerable costs of recovery. Find Your Ride Receipt: Passengers who are riding in an Uber when they were injured should obtain the ride receipt as proof of when and how long they were in the vehicle. Find directions for accessing your trip ticket here. Gather Witness Information: If there were any witnesses to your accident, make sure you or someone you trust gathers their contact information before leaving the scene. Witness testimonials can be essential to providing a third-party perspective of the accident and show an unbiased opinion of liability. Obtain Your Accident Report: If your accident involves a police officer, make sure to obtain a copy of your accident report for your personal records. These accounts provide all the detailed information you will need about
Can My License Be Suspended After a New York Car Accident?
When it comes to license suspensions after a New York car accident, there are countless suspensions that go by unnoticed by many innocent citizens. There’s no doubt about it that an individual’s license will be suspended if they are found to be at fault for a hit-and-run accident, or any fatal collision, but even law-abiding New Yorkers will unknowingly have their licenses suspended after even rather minor car accidents. On this page, we’re going to go over what all New York drivers should do immediately after they’re involved in an auto collision of any kind, and the common scenarios that lead to license suspensions after car accidents in New York. Contact us today for a free case review so we can better determine your best course of legal action towards getting your license reinstated. What to do at the scene of the car accident First and foremost, you must always stop when you’re involved in any kind of collision, even if it’s rather minor. New York’s traffic accident laws always require drivers to stop their vehicles and remain at the accident scene in order to exchange information and obtain any necessary assistance in the case of injuries or severe property damage. Leaving the scene of an accident without the consent of all parties, and/or without going through the necessary steps of verifying information with all parties, can result in hit and run charges which definitely will result in a suspended license on top of many other severe penalties. What information do you need to obtain at a car accident scene? There are always going to be extenuated circumstances when it comes to obtaining all the necessary information at a car accident scene, because after all if you’re injured you should always remain still until the ambulance arrives! But if you aren’t severely injured you should be prepared to exchange a good amount of personal information with all the other involved parties. This information includes things like: Your name and driver’s license number/picture Your vehicle’s VIN number The car owner’s name and address Your insurance policy number Your insurance company’s contact information It’s also very important that you do your due diligence in terms of ensuring that the investigating police officers adequately record the necessary insurance information for the involved parties, and some other contact information you will want includes: The other car owner’s contact, vehicle and insurance information The contact and insurance information for the passengers in the other vehicle(s) The contact information for any witnesses to the accident Reporting the Car Accident to the DMV One of the most common ways that New Yorkers get their licenses suspended after a car accident is the fact that they failed to properly file a MV-104 report form with the DMV. The MV-104 form is always mandatory for each party to fill out when property damage exceeds $1,000 in any given collision, or if anyone is seriously injured or killed. This report has to be returned to the DMV within 10 days of the accident, so it’s important that you don’t wait to fill this out! What happens so often is that drivers fail to fill out this form and then have their license suspended even unknowingly, which can lead to much more serious legal consequences if you’re pulled over with a suspended license. So even if you don’t commit any serious crimes within the circumstances of your car accident, it doesn’t mean that you’ll ultimately be exempt from having your license suspended! Other Causes of a Suspended License The following are some of the more common ways in which New York drivers undergo a suspended driver’s license: Driving without proper insurance DWI/DUI 2 DWAI charges within 5 years of each other Having 11+ points on your driving record Abandoning your vehicle on a highway Fleeing police Being at-fault within any kind of fatal collision Hit and run Racing/Unauthorized willing speed competition Reckless driving Receiving 3 speeding tickets within an 18-month period There are also some non-moving violations that lead to license suspensions, including the following: Failing to file an accident report Failing to pay child support Failing to comply with any given Court Judgment Failure to pay/respond to a New York Traffic Ticket Failing to appear for a court appearance Getting Your License Reinstated There are many instances in which getting your license reinstated only requires paying a fine or fee, but there are also countless situations in which you’ll undoubtedly need experienced legal support to assist you with the negotiations and certain conditions that go with your reinstatement. There are many instances in which we’ll be able to help you reduce any fees, and even fight the reasoning behind why your license got suspended in the first place. When your license is revoked you’ll definitely need an attorney’s aid to get reinstated, and although suspensions are less serious than revocations it is still necessary to get legal assistance. Contact Our Team of Experienced Long Island Car Accident Attorneys for a Free Case Evaluation There’s no denying how stressful it is to be involved in a car accident, and dealing with injuries and liability issues on your own is an unnecessary endeavor that will ultimately leave you in an even tighter legal situation. If you or a family member finds themselves in a situation in which a license has been suspended after a car accident, the best thing you can do is contact us for a free case review. When we have a thorough understanding as to what happened at the scene of your car accident, we’ll be able to help you devise your best legal strategy towards reinstating your driver’s license and helping you obtain any rightful compensation if it’s legally possible.
How To Get A Rental Car After A New York Accident
There are many setbacks associated with car accidents, and one of your main concerns after your medical treatment will always be to have your vehicle repaired or replaced depending on how severe the sustained property damage was. Car repairs can end up costing a lot more than most people would assume, so it’s always alarming for accident victims to properly obtain a rental car and ensure that the at-fault party pays for it. The odds are that you need a vehicle on a daily basis, and on this page, we’re going to go over some of the finer details into properly going about your rental car acquisition. So if you or a loved one was involved in a car accident and you have questions about what you should do in terms of obtaining a rental car, contact us for a free case review so we can go over the details of your accident and help you navigate the proper channels towards getting your rightfully owed rental car and other damages. Common Ways to Obtain a Rental Car Post-Accident The State of New York has provided a list of tips associated with obtaining your rental car, and these pointers are many times very important when you’re looking into getting a rental car after being the victim of a car accident that wasn’t your fault. One of the first things you’ll need to do after your car accident is obtaining an accident report, which is typically produced by the local police officers that were at the scene of the collision. The police report will sometimes entail the details associated with who was the at-fault driver, which will subsequently allow the victim(s) of the accident to seek out their rightful compensation for any incurred damages, including rental car fees. The following steps are necessary when you choose to exercise your right to a rental car, and these steps begin immediately after an accident occurs: Get the at-fault driver’s information, which includes their license information, insurance policy information and personal information like phone number and address. Collect any statements or contact information to witnesses of the collision. Take as many photos/videos of the accident scene as you can. These images should include the sustained damages to all involved vehicles, and any visible injuries you sustained. File the accident report. Reach out to an experienced personal injury attorney prior to your insurance company. The reasoning behind this is that your insurance company may potentially try to take advantage of you after your accident, so you’ll want a legal expert on your side to represent your best interests. Where Can You File A Claim For A Car Rental? You’ll generally have two options when it comes to covering the costs of a rental car while your vehicle is being repaired, or when you’re in the process of negotiating a replacement car with insurance companies. Understanding who will pay for your rental car is sometimes a bit of a complex insurance issue, but in general, you’ll have the following options: At-fault driver’s insurance company: In this situation, your rental car will simply be a part of the overall compensation for your damages that you sustained in the car accident, which is the at-fault driver’s responsibility. The at-fault driver’s insurance company would cover your rental car fees as a part of your larger settlement. Your insurance company: There are many times in which an at-fault driver’s insurance company will refuse to pay for your car rental, and in this situation, you’ll have to go through your own insurance company to cover your costs (particularly if you have rental reimbursement coverage). Your insurance company may end up requesting reimbursement of these costs from the at-fault driver’s insurance company after your full settlement is negotiated. 5 Considerations When Obtaining Your Car Rental You’ll ultimately need to have a thorough understanding as to which insurance company to go through when obtaining your rental car, and here are 5 considerations to think about when choosing which company to file a claim with: Filing with your own insurance company will allow for a quicker process, which subsequently means you’ll obtain your rental car much faster. You’ll be covered for what you’ve purchased in terms of car rental insurance, which means you’ll have a maximum amount per day that your insurance company will pay or a set maximum amount of coverage. This may end up leaving you with added expenses that you’ll need to recover as a part of your case’s damages. Your daily rate under your own insurance policy may not be quite enough to properly assist you in obtaining the type of vehicle you want. An at-fault driver’s insurance company is ultimately responsible for covering your car rental fees while your vehicle is being repaired/replaced, so there will be no set day limit like you may have within your own insurance policy. An at-fault driver’s insurance provider will undoubtedly conduct a much more thorough investigation prior to authorizing your car rental purchase, so this will subsequently leave you without a vehicle for possibly a week or even longer while this convoluted process resolves itself. Obtaining a Comparable Vehicle to Yours Insurance companies will almost always try their hardest to limit their costs to a minimum, which may mean they’ll offer you the smallest, cheapest rental car that’s available. Your right to a rental car that’s comparable to your vehicle varies depending upon which company provides the car rental. An at-fault driver’s insurance company will be ultimately responsible for providing you with a similar vehicle to the one you currently drive, but your own insurance company is only responsible for providing you with a comparable vehicle to a certain extent. Your insurance provider will only be required to pay up to the limits within your policy, which may not allow you to get a high-quality rental car. How Long Can You Have A Car Rental? In general, you’re allowed to keep your rental car while your vehicle is being repaired or replaced.
New York Car Seat & Booster Seat Laws
Protecting New York’s youth is a primary concern for everyone, and on this page, we’ll discuss the laws you need to know about and other safety tips. It’s a very unfortunate reality that there are over 136,000 ER visits each year in the state of New York as a result of motor vehicle accidents, and there are many instances in which children are seriously injured in car accidents due to their lack of proper restraint. This is why the state of New York has established a whole array of very strict specifications for the child car seat and booster seat systems through the Federal Motor Vehicles Safety Standard 213, but there are many other laws that New York parents and caregivers must know about. On this page we’re going to go over the important facets of New York’s child safety seat laws, and always feel free to contact us for a free case review if you have any further questions about these laws and how they may have played a role in a car accident that you or your loved ones were involved in. New York Car Seat Laws One of the more recent changes to New York’s child safety laws is that the state now requires all children eight and younger to always wear a safety restraint that meets the child’s specific weight and height requirements. There’s no doubt about it that New York is one of the pioneering states throughout the country when it comes to child car safety, and the following are some of the important laws all parents and caregivers need to know about: Starting on November 1, 2019, all children two years old and younger must utilize rear-facing car seats, until they exceed the car seat manufacturer’s weight and height suggestions. When a child is either two years of age or exceeds the manufacturer’s suggestions, the child can then use a forward-facing car seat. After the child turns four and the child exceeds the manufacturer’s height and weight requirements, he/she may use a booster seat that has chest and shoulder straps. A newer law established in 2017 states that all New York taxis must also comply with the above child safety laws. Public buses are exempt from the above laws. It’s not a requirement, but state authorities have made strong suggestions to parents to keep their children in the back seat until they reach twelve years old. The U.S. Centers for Disease and Prevention has a great resource page that helps parents better understand what they can do to ensure they’re using car and booster seats correctly. There is also another great article within the New York State website that all parents and caregivers should take a look at, so there are a lot of online resources when it comes to child passenger safety. The Different Types of Child Safety Seats The CDC’s recent study indicated that about 46% of all car and booster seats are improperly installed or used, which is a serious concern for all parents. Every parent and caregiver should know that the seat must firmly fit within the vehicle and that the seat must adhere to the child’s age and size requirements. It’s important to understand the differences between the different types of child safety seats, so here is a brief list of seats that will help you choose the right type for your child: Infant Seats This child safety seat is typically used for infants that weigh below 22 pounds and are less than 25 inches in length, and these seats must always be rear-facing. A lot of infant seats are also carriers because they can be easily removed from the base that’s secured via a seat belt. Convertible Child Seats These seats are typically used for toddlers under 40 pounds, and these seats should also always be rear-facing unless the child is over two years old and meets certain height and weight requirements. It’s important that all parents and caregivers strictly follow the directions given by any car seat manufacturer because as the child gets older it will be important to keep these rules in mind to ensure the child is properly secured and restrained. There are many convertible child seats that can safely hold children that weigh up to 60 pounds, which is great for parents who are looking to save some money by getting a car seat that will be adequately safe for many years. New York Booster Seat Laws When children are too large to fit in convertible or infant seats they then will graduate to a booster seat that utilizes both lap and shoulder belts. Booster seats are typically designed for children between the ages of 4 and 8, or 40 to 80 pounds. The maximum height associated with booster seats is usually 4 feet 9 inches. Booster seats should be utilized until the child can safely fit into an adult seat belt without the booster seat’s support, which sometimes means children will use booster seats until they’re about 12 years old. It’s crucial that parents always ensure that their child’s booster seat is properly installed and safely secured before every car ride. Built-In Vehicle Child Seats There are some car models that come equipped with forward-facing child safety seats, but the main issue with these seats is that the height and weight limits will always vary between manufacturers. If you are interested in using one of these seats, you should always look into your car’s manual to determine whether or not your child meets the weight and height recommendations. Infants should never be placed in built-in vehicle child seats. Safety Tips for Parents and Caregivers There are many things that you can personally do to help keep children safe on New York’s roadways, including the following: Although it’s not illegal in New York, you should never let a child ride in a car or booster seat in the front seat near an airbag, because airbags have been known to lead to many serious/fatal
Average Car Accident Settlement in New York
Click Here To Calculate Settlement It’s always a natural reaction to think about your potential settlement expectations when you’ve sustained any kind of injury as a result of a car crash, but deciphering the exact value of any given car accident settlement is a lot more complicated than most people would think. There are several damages and factors that come into play when determining the value of any personal injury settlement, including the following: The severity of the sustained injuries The determined value of property damage Medical expenses Lost wages Pain and suffering The recklessness of the negligent driver Wrongful death And much more… There are many situations in which a car accident settlement’s value is determined by the general sympathy a plaintiff receives from a jury, which is where our team of personal injury specialists comes in to help clearly demonstrate your claim’s value by showcasing how any given negligent driver significantly impacted your life. New York’s No Fault and Comparative Negligence Rules New York is one of the only states that follow “no fault” insurance and accident compensation laws, which essentially means that you’ll have to initially go through your own insurance provider to file a claim for your injuries that result from a car accident. But there are certain circumstances that allow car accident victims to file a claim against another negligent driver’s insurance company, and even a lawsuit if necessary. Some of these circumstances include the following: Significant disfigurement Broken bones Permanent impairment of a limb or body organ Significant limitation of a body’s system or functionality Full disability for 90 days or more Any of these additional claims against a negligent driver usually will lead to more non-economic damages claims, but in order to be successful on these added claims the plaintiff will be required to prove the other driver’s level of culpability. This is because New York is a “pure comparative negligence” state, which essentially means that a jury or judge will always be comparing and calculating percentages of fault when a car accident case goes to trial. So, it’s crucial that all New Yorkers fully understand the fundamental process that goes into the establishment of a car accident settlement before understanding the overall factors that affect a settlement’s value, which we’ll discuss further below. Factors that Affect a Car Accident Settlement’s Value All car accident settlements that go to trial will consider both economic and non-economic damages, and sometimes a plaintiff will receive punitive damages as well. Punitive damages are viable when the negligent driver who caused the plaintiff’s injuries acted in such a reckless manner that they showed complete disregard for the plaintiff’s safety. Determining the average car accident settlement in New York is by no means easy, but we can fully acknowledge that the following questions are the bare minimum that a judge or jury will ask while deciphering a settlement’s value: Which party caused the accident? This may seem obvious to a plaintiff, but it’s important to remember the fact that New York is a state that follows pure comparative negligence laws. A judge or jury can ultimately reduce your settlement value by a certain percentage of blame that they say was your contribution to the accident’s occurrence. What is the exact amount of damage to your property? This will pretty much refer to the repair or replacement costs for your vehicle, as well as any personal items inside your car at the time of the crash. What are your medical costs? Your medical costs will literally mean everything that was associated with your car accident. This commonly includes an ambulance ride, doctor/surgeon fees, adaptive equipment, prescriptions, physical therapy and much more. What is the severity of your injuries? The amount of your settlement will largely depend upon how severe your injuries are, and if you’ve unfortunately suffered any kind of permanent injuries then you can expect to see a much larger value. Minor injuries typically will receive less, but there are some exceptions to this like chronic pain that requires long-term medical treatment. How much medical treatment is required? This is where it’s important to have a medical expert help your case by speaking on your behalf, because there are so many variables that come into play when it comes to the amount and overall length of medical treatment that’s necessary after a car accident. Sometimes a victim will only need to see a doctor a few times, while others have to undergo care for their whole lives. What are the monetary limits on the other party’s insurance policy? There are many instances in which an insurance company will claim that they don’t have the funds to pay the rightful settlement that you deserve, which is why all of our car accident specialists are trained and experienced in uncovering additional revenue sources that insurance companies typically don’t disclose. What treatments did you receive? There is a stigma that insurance companies will try to decipher what types of medical treatments are necessary, and what aren’t. This is particularly important when it comes to chiropractic care and other alternative medical practices. These are just some of the important factors that are associated with deciphering a car accident’s settlement value, and when you contact us for a free case review we’ll be able to delve deeper into the finer details of your case. Average Car Accident Settlement Amounts As you’ve probably gathered from the information within this page, it’s very misleading and almost impossible to calculate the average car accident settlement in New York because cases vary dramatically due to all sorts of significant factors. Over the past 20+ years, our team has been able to secure tens of millions of dollars in car accident settlements, including the following examples: $10,000,000 when an ambulance passenger was struck by an 18-wheeler and ended up losing two limbs $3,100,000 in a car accident in which a commercial vehicle rear-ended one of our clients, which required her to get a lumbar fusion surgical procedure