New York Car Accident Settlement Process
Being in a car accident can be incredibly frightening. Dealing with the aftermath can be equally stressful, particularly as you start to deal with insurance companies and paperwork while you attempt to recover from your injuries. One of the most frustrating aspects of the process for many people is that they don’t understand the process. Most people are fortunate enough to not be in multiple car accidents in their lifetimes. This means that they lack the experience to know what to expect in the New York car accident settlement process. Learning about this process from a Long Island car accident attorney can help you feel more in control. It can also assist you in making wise decisions, as you understand that each stage is just a step in the process. Step One: Filing a Personal Injury Claim with the Insurance Company The first step in the New York car accident settlement process is to notify the at-fault party’s insurance company about the accident and your injuries. This is done by filing a claim with the other driver’s insurance company. Most insurance companies have a system for filing claims online or over the phone. You should do this as soon as possible after the accident, or in any case, within 24 hours. In response to filing a personal injury claim, the insurance company will send you a “reservation of rights” letter. This letter will indicate that the insurance company plans to investigate your claim, but it is not admitting any liability for your injuries. New York is a no-fault state for car accidents. This means that you will be covered by your own insurance company for certain damages regardless of who was at fault in the accident. As a result, you can and should seek medical treatment immediately after your crash. Bills for medical treatment, prescription drugs, lost wages, and transportation to and from medical providers will all be covered. Step Two: Sending a Demand Letter to the Insurance Company After consulting with and hiring a Long Island car accident attorney, your lawyer will investigate your case and begin to put together a claim. Your attorney will then send a demand letter to the insurance company. The demand letter will set forth the facts of what happened in the accident as well as your injuries. It will also itemize your damages, including medical bills, lost wages, and pain and suffering. Your Long Island car accident attorney will use his or her experience and other cases to craft this demand letter and put calculate a total amount in damages. Step Three: The Negotiations Begin Once the insurance company has received your demand letter, a claims adjuster will contact you to discuss an initial offer. If you are represented by a lawyer, all conversations and negotiations will go through your Long Island car accident attorney. The claims adjuster will work to convince your lawyer that your claim is with much less than what you have demanded. He or she may argue that the number selected for “pain and suffering” is too high, or that your injuries are not properly documented. This is where having a skilled Long Island car accident attorney is truly valuable. Your lawyer will use his or her negotiation skills to reject this initial low-ball offer, and reply with a counter offer. This counteroffer will restate your original demand, and reduce your settlement amount slightly to move the negotiation process forward. The negotiation process will continue in this manner, often with the claims adjuster and your attorney making several offers and counteroffers between them. Importantly, your Long Island car accident attorney is required to inform you of all offers to settle your case. It is your decision to settle the case or move forward with negotiations. Step Four: You Accept or Reject the Final Offer If you have not reached an agreement, the claims adjuster may make a final settlement offer. At this point, you will either have to accept the settlement offer or reject it. If you choose to reject it, you will have to prepare to file a personal injury lawsuit and the possibility of taking your case to trial. If you decide to accept the settlement offer, then negotiations will be complete. You can work with your Long Island car accident attorney to sign the final paperwork and move forward. If the number is closer to what you originally requested, you can be happy knowing that your patience and persistence paid off in the long run. Work with a Long Island Car Accident Attorney The New York car accident settlement process can be lengthy. However, over time, it can result in achieving a far more favorable outcome for those who follow a careful strategy. Accepting an initial offer can often lead to getting far less for your claim than what it is worth. At Siler & Ingber, we understand the challenges of the settlement process. We are here to help. We offer free initial consultations to all of our clients, where we explain your rights and options. Best of all, we never charge a fee unless we recover money for you. To learn more, contact us online or call us at 1-516-294-2666 to schedule an appointment.
Keyless Cars and CO
Last week, a horrifying scene unfolded when a father and his two young children died from carbon monoxide poisoning in Louisville, Kentucky. According to sources, the family was getting ready for school during the first cold week of the season. The father was said to have started the car in a closed garage so it would be warm for the trip- sadly, that trip to school never happened. A family member found the father and the 3-year-old son dead in the garage, and the 8-year-old daughter unconscious in her seat. She was taken to a local hospital but died the following day from the illness. This devastating accident is not only spreading awareness regarding the increase of carbon monoxide poisoning incidents in the wintertime but also calling attention to a vehicle feature that has been linked to several carbon monoxide deaths in the past: the keyless ignition. Deadly Risks of Keyless Ignitions Cars manufactured with keyless ignitions have been exploding in popularity in the last few years. Consumers are tired of fumbling around with bulky key fobs and searching for missing car keys in bags or purses. A push start mechanism that doesn’t require you to have a key in your hand to start or even open the car is ideal for modern day drivers. Yet, this convenience, unlike others, comes with a deadly risk. As easy as it is for a motorist to start a keyless car, they can just as easily forget to turn it off. In most cases, if a driver forgets to turn off their keyless vehicle, a safety feature is designed to automatically shut off the car when the key fob is out of range. However, if a driver forgets to turn off their vehicle when parking it in a garage, the key fob will most likely never hit a distance that would trigger the shut-off mechanism. Not only will the car continue to run until it’s out of gas, but it will be spitting out harmful amounts of carbon monoxide that can easily seep into houses, killing unsuspecting family members inside. CO…The ‘Silent Killer’ Carbon monoxide (CO) has no odor, taste, or color, and is highly deadly in a short amount of time. Over 430 people die from carbon monoxide poisoning every year in the United States, according to the Center for Disease Control and Prevention (CDC). Known as the ‘silent killer’, CO is most dangerous when people are asleep and completely unaware. Common appliances known for leaking carbon monoxide during use include: space heaters fireplaces and chimneys furnaces gas stoves generators cars leaf blowers snow blowers lawn mowers other appliances that run on gasoline The Mayo Clinic describes carbon monoxide poisoning as a process by which harmful CO levels build up in the bloodstream, replacing the oxygen cells our body needs to survive. When this occurs, our body can sustain severe and permanent damage to the tissue, heart, and brain. These complications can lead to cardiac arrest, cognitive and neurological disabilities, miscarriages, or even death depending on the length of exposure. When appliances and vehicles leak carbon monoxide, the gas has to go somewhere. A car parked outside away from the home will allow CO to disperse into the air or to be blown away with the wind. A car parked inside of a garage, however, leaves no room for the gas to escape except into the home through floor/ceiling cracks, pipes, and vents. Why Do Drivers Forget Telling drivers to ‘just remember to turn off the car’ is not going to help save lives. There are several reasons for why a driver may forget to turn off their vehicle before entering the home, such as: Deep-Rooted Habits: There are very few people in our country that have only driven keyless vehicles. The majority of drivers that started off with a traditional key you had to turn to start the car and turn to shut off the car. This movement has become a habit ingrained into the lifestyle and muscle memory for millions of motorists. With possibly decades of practice turning a key to drive, taking away the step of reaching for a key can completely change the game. Distractions: Distractions don’t stop once you pull into your driveway. Hustling kids in the house, running groceries through the door, and continuing conversations on a cell phone could all cause a driver to forget to turn off their keyless ignition before they enter the home. Lack of Alerts: A number of keyless cars do not have effective alerts to notify a driver that their car is still running when they put it in park and exit the vehicle. Because these cars are also new and more fuel efficient than older cars, they are practically silent when running in park, eliminating another clue to drivers that their car may still be running. Safety Tips for Keyless Car Owners Keyless cars are not going to go away despite their dangers. Luckily, owners of keyless ignition vehicles or consumers looking to purchase one can use these safety tips to reduce their risk of carbon monoxide poisoning: Reminders: You won’t remember to turn off your keyless car every time. But forgetting does not have to cost someone their life. Put reminders in your car, garage, and inside your home to prompt you to check that your vehicle is turned off before you enter your home. CO Detectors: Make sure your home has working carbon monoxide detectors to alert you if there are high CO levels in your house. Buy Safe: Newer keyless cars are being made with better safety features, such as an automatic shut off if the car is idle for up to 30 minutes. Research all models for the ones with the most alerts and safety precautions before purchasing a keyless car. Know the symptoms: If you are awake in the home and are experiencing any symptoms such as a dull headache, weakness, dizziness, nausea or vomiting, shortness of breath,
The Dangers of Highway Shoulder Accidents
An unfortunate fender bender this past holiday weekend led to a fatal chain reaction traffic accident on the Long Island Expressway. Sadly, the accident involving four vehicles on Saturday around midnight left several people injured, including children, and killed a 31-year-old father from Selden. After rear-ending a Mercedes going eastbound near Exit 49, the Selden man got out of his vehicle to speak to the driver of the Mercedes. On his way back to his vehicle, the man was fatally struck by another car who did not see him walking on the shoulder of the highway. The Dangers of Interstate Shoulder Accidents Interstate highways are becoming increasingly more dangerous to drive on. Traffic accidents taking place on these fast-paced roadways are often catastrophic, ending in severe to permanent injuries and unnecessary fatalities. For pedestrians and vehicles on the shoulder of these highways, the risks of injuries are even higher. Although the shoulder of the road was intentionally designed for cars to pull off in the case of an emergency, these areas are proving to be deadly. According to AAA, an estimated 12% of traffic fatalities are the result of shoulder accidents, taking the lives of over 600 Americans a year. These deadly accidents can be caused by a number of factors including: congested roads distracted drivers aggressive drivers impaired drivers inclement weather poor visibility road rage improper road entry pedestrians crossing into the road In light of the tragic accident last weekend and to help prevent similar fatalities in the future, Long Island safety officials are warning all drivers about the dangers of walking or parking on the shoulder of the highway, and what you should do in the case of a highway accident. Getting Out of the Car… A Deadly Mistake It’s every driver’s first reaction to jump out of his or her vehicle after an accident to inspect the possible damage that was done, but safety officials warn drivers to resist the urge. Motorists on the highways are typically traveling at high speeds and focused on getting where they need to go quickly. They may be looking out for obvious highway hazards such as construction cones, emergency vehicles, and maintenance trucks, but pedestrians or parked cars on the side of the road can be hard to see and often off the radar. Secondary Accidents Can Happen Drivers and passengers who remain inside of a car parked on the shoulder are not out of harm’s way. Drivers who are drunk, drowsy, distracted, or aggressive motorists known for attempting illegal passes using the shoulder, can easily strike cars parked on the side of the road causing injuries to occupants. Even more dangerous, most people remove their seatbelts and wander about the vehicle after an accident. In the case of a secondary collision caused by a passing car, these individuals are putting themselves at risk of being ejected from the vehicle and possibly out onto the road. Accidents After The Fact One of the most dangerous road maneuvers to pull off is entering back onto a busy highway. Some drivers who take every precaution to avoid being hit while on the shoulder can still suffer injuries from accidents that happen when they inappropriately merge back into traffic. Cars who are not paying attention and drivers too anxious to get going again can cause serious damage and cause pile-up crashes. What To Do In A Highway Accident If you are in an accident or have a maintenance issue that requires you to pull over on the shoulder of a busy highway, follow these safety tips to keep you and your passengers safe: Stay in the Car Call the police to report an accident, or a tow truck and/or service such as AAA for maintenance issues as soon as you pull over. Remain in your vehicle until they arrive and have blocked off the scene. Keep Your Seatbelts On Ensure everyone in your vehicle remains in their seats with their seatbelts fastened correctly. Seatbelts can reduce the severity of injuries up to 50%. Turn On Your Emergency Flashers Always put your emergency flashers on when parked on the shoulder to alert other vehicles that you are stopped. Pull Over All The Way Make sure your car is far enough over onto the shoulder where passing vehicles cannot easily clip it. Take Your Time Merging Never rush to get back onto the road from the shoulder. Only merge when you can do so safely and pay attention to the cars in all lanes in case someone is lane changing near you. If the maintenance on your car can wait, it’s best to do so. Make a practical assessment of any maintenance issues you experience on the highway. Only park on the shoulder when it’s absolutely necessary before putting you and others in your vehicle in danger. Help Prevent Highway Shoulder Accidents Drivers on the road can help prevent injuries and fatalities resulting from shoulder accidents by slowing down and paying attention. If you see a car or pedestrian on the side of the highway, move over, and encourage other vehicles to do the same to avoid preventable accidents. If you or a loved one has sustained a serious injury from a highway shoulder accident, the law firm of Siler & Ingber will fight back for you. Our expert team of personal injury attorneys has been seeking justice for driver negligence on Long Island roadways for over 20 years. Contact us at 1-877-529-4343 for a free consultation today to review your case and discuss your options.
Car Accident While Pregnant: What You Should Do
If you’ve been in a car accident while pregnant, it is imperative that you get the care you need to protect your health and that of your unborn child. In nearly all situations, mothers-to-be face increased risks of complications, premature birth, and miscarriage when involved in a car accident. When someone else is at fault, it is essential to get the financial compensation owed to you to help you overcome your losses. Our personal injury attorneys at Siler & Ingber, LLP are available to discuss your case with you today. Know the Risks to You and Your Child In every situation, even minor car accidents, the very first step you should take if you are in a car accident while pregnant is to go to the emergency room. Even if you feel okay, this is an essential step. Then, file a police report about the incident. The risks to the mother and unborn child are significant in even minor car accidents. A study reported by CMAJ found that women in their second trimester were at a 42 percent greater risk of miscarriage after a car accident than they were prior. Thousands of women have experienced this heightened risk each year. What You Should Do After an Accident As noted, an emergency room visit is recommended for all women involved in any type of car accident while pregnant. From there, a police report is necessary to document the incident. We encourage you to involve our team in the process as quickly as possible. Women involved in a car accident may be at a higher risk of requiring the use of more monitoring and screenings to prevent and detect complications throughout the remainder of their pregnancy. For this reason, you may wish to wait to file a settlement with the responsible driver until after all losses are fully understood. This is where our team can help you. How Can a Car Accident Injure Your Unborn Child? During pregnancy, your body is at a heightened level of risk. Complications are not uncommon in women who face a moderate to severe car accident. Consider a few of the most common injuries and losses you may have as a result of such an incident. Miscarriage Women are at a higher risk for suffering a miscarriage after a car accident because of damage to the stomach and uterus. Though rare, this is the most severe complication. High-Risk Pregnancy Many times, doctors will label and take steps throughout pregnancy after a car accident to minimize further risks. This can mean spending more time in the hospital, under bed rest, and facing more consistent monitoring. Birth Defects Depending on the type of accident, the child could suffer some level of injury as a result of the car accident. This may include developmental delays due to a lack of oxygen or damage to the amniotic fluid. Premature Birth Being born too early due to a car accident can place babies at a higher risk of health complications as well. Premature birth means the child is less developed especially in areas of the heart and lungs, creating potential long-term risks for that child. Trauma Several types of trauma can occur to an unborn child, just as it can impact you after a car accident. Placental abruption can occur, which means the placenta breaks away from the uterus. Fetal trauma such as damage to the child’s body or brain can occur. Compensation for Accident While Pregnant For mothers-to-be, the most important step is to get care, but that care may come at a significantly higher cost if your pregnancy is labeled high risk. You may need to spend more time in the hospital. You may need more extensive testing. If there are complications, this may mean surgeries or many additional medical costs after the child is born. Pain and suffering can be a concern for you, too. This can be a very demanding time for you. However, with the help of a personal injury attorney, you can rest assured you can get the financial support you need. A simple collision can mean long-term consequences. Our team can work with you to understand if you’ve suffered any losses, what length of time those losses will occur, and what steps you can take to obtain the compensation owed to you. There’s also the emotional distress and turmoil you face throughout this process to consider. Pursue Legal Action Against Those Who Put You at Risk: Call Your Personal Injury Attorney Today At Siler & Ingber, LLP, our dedicated team of attorneys is ready to help you. With millions of dollars in settlements awarded to our clients, we are happy to listen to your case and provide you with insight. We have over 20 years of experience and a win rate of 98%. You can depend on us. Request a free case review by calling us or using our online form to request more information.
What to Do if You Get in a Car Accident but Don’t Have Insurance
When you are in a car accident, the damages can be significant. You, and potentially the other driver, may be suffering from medical concerns, property damage, and a variety of other losses. But, who will pay for these losses? In New York, which is a no-fault state, most people turn to their own insurance companies for financial protection. But, what happens if you do not have insurance? This is when you are facing significant risk. What Are New York State Laws? Under New York law, you are required to maintain auto insurance on yourself if you are driving a car. If you are pulled over, or you are involved in an accident, and you do not have auto insurance, you are likely to face fines and potentially a loss of your driver’s license. As a no-fault state, New York laws specifically eliminates whether fault matters. By comparison, in many states, the driver at fault is responsible for paying for the damages caused to the other driver’s property. In New York, this does not apply. Rather, no matter who causes the accident, each driver’s insurance policy covers their losses. How Does This Impact You If You Don’t Have Coverage? If you are driving without auto insurance, you are violating state laws. And, if an accident occurs, it makes it financially difficult for you to obtain any compensation for your losses. For example, if you are in an accident in which another driver strikes your car, their insurance does not pay for your losses, even if it was their fault. This leaves you without any way to cover your losses. In most situations, you are likely to face fines as well as the losses you’ve obtained from the accident. This may include fines, but it may include jail time or the loss of your license, especially if it has happened before. Could You File a Claim Against the Other Driver? In some situations, it may be possible to file a claim with the other driver’s coverage if you can prove the losses were significant and the individual’s actions warrant it. However, this can be difficult to do. In these situations, you may need to file a lawsuit to request that the court require the other driver to cover some of your losses. This may be necessary in situations where your losses are significant, such as the vehicle is totaled or severe injuries occur. In cases where the other driver is driving under the influence, you may also be able to pursue this type of claim. What Should You Do Right Now? In situations where you are in an accident, and you are facing financial loss due to a lack of auto insurance, your first step is to contact your attorney. It is not common for the court to award coverage for your losses through the other driver’s policy – remember, New York is a no-fault state which means drivers are responsible for their own losses. However, our legal team will work closely with you to examine the situation to determine what your legal options may be. In all situations, your attorney is going to work with you to determine if you can step outside the rules of no-fault insurance for your losses. This will include learning more about what happened and why the accident occurred. It may include gathering information about the incident from cameras and witnesses. In most situations, the court will only consider this type of situation if there are extreme losses or in situations where the other driver was driving with the intent to cause damage or loss. Your attorney can also offer help in protecting your license from any fines and losses you may experience as a result of driving without state-required auto insurance. There may be limited options available to you in this situation. However, negotiating for reduced penalties may be an option in some situations, and that could mean keeping your license. However, every situation is very different. It is important to work closely with your legal team to ensure your legal rights are always met. If you do not have car insurance, now is the time to obtain it. Whether it is a simple lapse in coverage due to missing a payment or a lack of coverage for other reasons, having insurance is necessary to prevent such losses. When You Need Legal Support, Call Siler & Ingber, LLP When you are facing financial loss due to an accident you’ve caused, or you need help filing a claim for compensation from another driver, allow our experienced and dedicated attorneys to help you. Call Siler & Ingber, LLP for a free consultation. With over 20 years of experience, we can help you through a free case review. Call 877-718-6079 or use our online contact form now.
Child Passenger Safety Week
At the beginning of August this year, two children were seriously injured outside of Splish Splash Water Park in Calverton after they were ejected from a Jeep during a car accident. Neither of the children were buckled up or secured within car seats, causing serious injuries to a 5-year-old and an 11-year-old who was run over by the front tire of the Jeep. Both these children were extremely lucky- as the results could have been much worse. Car Accidents are #1 Cause of Death For Children Car crashes are the number one cause of death for children under the age of 15. Most of the unintentional injuries and fatalities resulting from car accidents involving children are completely preventable just by making sure they are properly secured in safety seats and seatbelts. Unfortunately, more parents and guardians are either skipping this step when putting their kids in the car, or unknowingly making fatal mistakes when it comes to their child passenger seats resulting in hundreds of unnecessary deaths every year. Child Passenger Safety Week Between 2010 to 2014, the National Highway Traffic Safety Administration (NHTSA) reported 18,000 children under the age of 15 were involved in a car crash; 15.9% of the children died in these crashes. To help spread awareness and prevent further unnecessary child fatalities, the NHTSA named the last week of September Child Passenger Safety Week, followed by National Seat Check Saturday. From September 23 – 29, the NHTSA along with countless other national and local organizations launch active safety campaigns geared towards parents/guardians on the importance of car seat safety. Resources and events to assist on appropriately and properly installing car seats will be held throughout Long Island this week, and residents should be ready and willing to take advantage. Biggest Car Seat Mistakes Every 33 seconds, a child under the age of 13-years-old is involved in a car accident, according to Safe Kids Worldwide. Car seats are vital to protecting our children when it comes to car accidents but if they are not being used properly, they may not do their job. NPR reports at least 43% of children who die in car accidents are not buckled properly in a seat belt or child passenger safety seat- most parents don’t even realize it. An article published in Fatherly highlights the seven most common car seat mistakes parents are making that could cause serious harm or even death to their children in a car crash: Installing Car Seats Improperly– 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, a number of parents turn their kids around well before just because it’s easier. Not Fastening Seat 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. Not Tightening Shoulder Harness Correctly- 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. Not Taking Off 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. Not Using The Right 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 body. 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. Long Island Resources Parents on Long Island should take full advantage of local resources and events available during Child Passenger Safety Week, including participating in National Seat Check Saturday. Making sure your child’s safety seat is properly secured and appropriate for their size could save their lives and protect them permanent or disabling injuries. Nassau and Suffolk Counties both offer multiple sites for car seat installation assistance. Parents are required to make appointments before to ensure they have enough time to ask all the questions needed for their child’s safety: Nassau County BabySeat University Contact: George at 516-382-0262 Education and Assistance Corporation Department of Public Works, 170 Cantiague Rock Road, Hicksville By appointment only Se habla español Contact: 516-292-7362 Second location: 175 Fulton Ave., Hempstead By appointment only; Se habla español Contact: 516-292-7362 Garden City Police Department 349 Stewart Ave., Garden City Contact: 516-465-4121 Nassau County Traffic Safety Board 170 Cantiague Rock Road, Hicksville Tuesday, Wednesdays 12:30-1:45pm Contact: Christopher Mistron at 516-571-9664 North Shore LIJ Health System Cohen Children’s Medical Center, 269-01 76th Ave., New Hyde Park Select Saturdays and Sundays from March through November, 9am-12pm, call first for an appointment Contact: Debora Riccardi at 718-470-3352 Strapped In Car Seat Safety Visit us in Woodbury or House Calls Available Text or call: 516-521-3696 Town of Hempstead Department Public Safety 200 N. Franklin Street, Hempstead Wednesdays, 9am-1:30pm Contact: 516-538-1900 x217 Suffolk County Hassell Auto Body 390 Route 109, West Babylon Weekdays, 10am-2pm No appointment necessary Contact: Doug Hassell, Jr. at 631-587-5500 East Hampton Town Police Department 131 Wainscott Northwest Road, Wainscott Weekdays, 9am-5pm Contact: John Claflin at 631-537-7575 x208 Education and Assistance Corporation 80 Wheeler Road, Central Islip Se habla español; By appointment only Contact: 631-648-7100 x210 Good Samaritan Hospital 1000 Montauk Highway, West Islip Contact: Jill Bocchieri at 631-376-4109 Troop L 7140 Republic Airport, Farmingdale Call for open Saturday each month; others by appointment only Contact: Trooper Frank Bandiero at 631-756-3389 Southold Police Department 41405 Route 25, Peconic Contact: Henry
Red Light Camera Outrage
A woman from East Norwich was shocked when she received over $1,000 worth of traffic tickets in the mail for failing to stop at a red light. The resident had never gotten a ticket before and she doesn’t remember not stopping at the intersection cited on the violation. Another Nassau County man received 20 tickets all at once for violating the same red light camera in East Norwich; a camera he didn’t even know existed nor did he believe he had broken the law at. Nassau Residents Have Been Charged Thousands in Red Light Fines From One Intersection! A recent article published by Eyewitness News ABC7 reports residents in East Norwich are fuming at the installation of a new red light camera on Northern Boulevard and Route 106. Drivers continue to receive ticket after ticket in the mail for violating this light, even though most don’t remember breaking any laws. Some drivers are even receiving violations as many as 30 days past the date their initial violation occurred, followed but numerous other tickets shortly after for the same violation. Why are drivers getting so many tickets at this traffic light? Right-Hand Turns Gone Wrong All the tickets issued thus far at the intersection in question were related to right-hand turns. It’s legal to turn right on red at this location, however, according to the tickets, drivers are doing it ‘wrong’. When drivers approach the traffic light, they are typically expected to stop at the white line. When the camera picks up that a vehicle does not stop at the white line, they issue a violation to the driver for running the light. What’s rubbing residents the wrong way, aside from the obscene fines, is the manner in which the intersection is designed. The white line on Northern Boulevard turning onto Route 106 is 30-feet away from the corner where drivers have a safe visual of oncoming traffic. So instead of drivers stopping once at the line and again 30-feet ahead, drivers are rolling over the white line to stop once before turning right. The camera doesn’t pick up the second stop, assuming the cars are rolling right through the red light completely. Push To Forgive Violations Residents are less than thrilled with the violations from this red light camera, especially when they don’t arrive in the mail until a month later, and by then in abundance. Legislator Joshua Lafazan reported in the ABC7 article that he receives calls every day complaining about this aggravating light, and he’s not surprised. In his interview, Lafazan states, “If we’re going to penalize you nine, ten, eleven times when you didn’t know you needed to remediate your behavior, then shame on us.” Unfortunately, getting these violations forgiven is not as easy as complaining to the county. This particular red light camera is controlled by the state of New York and they don’t seem to be concerned. A spokesperson for the state agreed with the placement of the light, hopeful in its ability to encourage drivers to approach the intersection more carefully. However, most residents believe it’s unreasonable to expect drivers to alter their driving habits simply by handing out hefty fines, particularly when residents aren’t aware they are doing anything wrong until they are thousands of dollars deep in violations. How Red Light Cameras Work Red light cameras operate solely upon prediction, according to an article released by Endurance. Because these cameras are meant to catch violators who run red lights, the footage must begin recording prior to the incident to catch the driver in the act. Here are the three qualifications vehicles are supposed to meet before a violation is issued by a traffic camera: Vehicles approach an interaction when the traffic light is red. Vehicles are going above a certain speed upon approaching, triggering the camera footage to start. Vehicles continue to pass through the traffic light, resulting in the camera taking a picture of the license plate that results in a ticket. In the case of the red light cameras in East Norwich, the camera is recording and ticketing every vehicle who does not make a complete stop at the white line, snapping a shot of their license plate the moment they roll over it. But the technology is not picking up the drivers stopping before they make a right-hand turn, falsely accusing drivers of running through red lights completely when actuality they are stopping a few feet ahead of the line. Opposing Red Light Cameras This is not the first time traffic cameras have been a problem in Nassau County. Just last October, talk about reinstating troublesome speed cameras that failed miserably in 2014 caused a large backlash from the public. Residents were in an uproar about how the county was only out for extra revenue, and the recent red light camera debacle has not changed the public’s opinion. Even national organizations are beginning to question the effectiveness of traffic camera systems. The National Motorists Association (NMA) is a firm opposer of red light cameras. In an article titled Objection to Red Light Cameras, NMA highlights a number of reasons why states should stop the counterproductive use of traffic-control devices, some including: False perception of safety: NMA claims there is no verification that proves photo enforcement devices improve safety on the roads or reduce accidents. No witnesses: With traffic-cameras, there is only one explanation for the violation and no witnesses to prove otherwise what could have really happened. Inadequate notifications: Just like the residents of East Norwich, NMA doesn’t believe delayed violations have any effect on the driving behaviors of residents, nor is it fair. No decrease in accidents: NMA believes regardless of whether the cameras are present at intersections, they are not a determining factor in whether accidents are prevented. Little impact: Mailed violations and photo enhancements will not stop an aggressive driver from driving recklessly, particularly if the driver is fleeing the scene of a crime or not from the area where
Driverless Cars Pros and Cons
Autonomous cars have been a hot topic in the media, especially after the pedestrian fatality involving one of Uber’s self-driving SUV’s in Arizona this month. There is no doubt driverless cars are the future and that accident statistics will see drastic changes when they become popular among the general public. But in light of the tragedy in Arizona, some consumers are beginning to question the safety of driverless technology and the impacts it could have on our society as a whole. The Positives of Driverless Cars As distracted driving and fatal vehicle accidents increase across the nation, there is more of a need than ever to find a solution for safer roads. Driverless vehicles could have a significant impact on reducing the number and severity of accidents while providing a more eco-friendly option for transportation. Safer Roads: Driverless cars could cut down the number of accidents on the road by addressing the most common driver errors and eliminating the need for people to drive drunk and impaired. More Efficient Transportation: Supporters of driverless cars believe these vehicles will provide an opportunity for public transportation to increase their efficiency and reduce the amount of congestion on the roads by improving traffic flow. Less Parking Spaces: With fewer vehicles on the roads, the need for massive parking lots and parking structures could decrease, allowing more room for housing and business developments. Reduced Fuel Consumption: Driverless cars are electric! Estimated predictions show by 2050, fuel consumption could be reduced up to 44% for passenger cars and 18% for trucks, dramatically reducing pollutants from transportation. More Affordable: Ride-sharing options have become immensely popular, but they can be pricey. Driverless cars could be more affordable than both ride-sharing and public transportation without the need for operating drivers. The Negatives The fatal Uber crash has highlighted a number of opposing issues with the production of driverless vehicles. Aside from safety issues resulting due to programming errors, autonomous vehicles could cause additional issues such as confusion with insurance claims or reduction of jobs across multiple industries. Safety Errors: Technology is not perfect. Sensors can be blocked. Safety features can malfunction. The idea of vehicles operating without humans to intervene is a scary thought when considering all that could go wrong. Liability in Vehicle Accidents: With computers serving as the drivers of vehicles, who is at fault in the case of an automobile accident? This question could pose several issues in filing insurance claims with additional parties to put at blame. Changing the Automobile Industry: Car companies will not have a need to offer as many models and vehicle types when driverless cars come on the market, especially if the need for personal vehicles decreases. With fewer cars to produce, several automobile industry workers could find themselves without a job. Unpredictable Human Behaviors: Some critics wonder if driverless cars will be programmed well enough to interpret behaviors a human driver could naturally detect, such as adhering to human traffic directors in place of traffic signals. Economical Disadvantages: Driverless cars will not be cheap to make. Advanced technology in every vehicle will cost far more than traditional automobiles. In addition, employees of ride-sharing companies, taxi services, public transit, and several other industries could be in danger losing employment. The Future When examining both the pros and cons of self-driving cars, it’s obvious that more testing and development is needed before selling these vehicles on the mass market. Our country has seen enough increases in tragic and fatal vehicle accidents, but after the events of the Uber pedestrian fatality, we also cannot afford to prematurely push this advanced technology on the road until it’s ready.
Who is at Fault for a Sideswipe Car Accident?
A few months ago, an accident swept the national news even though it did not occur in New York. A mother of six children, including two recently born premature twins who remained hospitalized, was on her way home from visiting them. It was just before midnight when her car was sideswiped by an apparently drunk driver. The sideswipe caused the young mother’s car to roll over. She was ejected from the car and died at the scene, leaving a grieving husband and six young children to mourn. What is a Sideswipe Accident? In a sideswipe accident, one car gets too close to the side of another car and the sides of the two cars connect. This can, as in the example, cause the car that was sideswiped to roll over. Often, the cars remain upright, but run off the road and may hit a parked car or other stationary object. Sideswipe accidents may involve only one vehicle that swipes a road barrier, street sign, parked car, or another inanimate object. But, these types of accidents most often happen when two cars are driving beside each other, and one car begins to move into the lane of the other. The causes for this include: Distracted driving: One driver is talking on the phone, texting, putting on make-up, adjusting the radio, and simply weaves out of his or her own lane, colliding with another car. Drowsy driving: A drowsy driver may momentarily nod off and wake up to discover he or she has strayed across the line dividing the lanes and sideswiped another car. Lane change without paying attention to the surroundings and cars in other lanes or a barrier. Merging without looking carefully. The merging driver fails to see where other cars are, and swipes the side of a nearby car. Not taking into account the blind spot. Closely aligned with merging without looking carefully is forgetting to take into account the blind spot and failing to adjust for that. Fortunately, newer models of cars often come with a feature that alerts drivers whenever they start to change lanes, but another car is traveling in the driver’s blind spot. A driver overreacts to a road hazard and moves into the lane of another vehicle. A driver notices he or she is about to sideswipe another vehicle, over-steers to avoid the accident and ends up sideswiping a different car. Who is at Fault for a Sideswipe Accident It can be difficult to determine fault in a sideswipe accident. It generally begins with looking at where the vehicles end up on the roadway, which direction they were traveling and where they appeared to be traveling within the lines on the road. Witness statements, along with each driver’s recollections, will be used to determine fault. If one driver was crossing a center lane, or lane divider, and the other one was traveling legally within their lane, the driver who was crossing will be at fault. Comparative Fault New York apportions fault under its comparative fault statute. This means that each party may have been partially at fault for the accident. If you were 50 percent at fault, you will not be able to collect for your damages. If it is determined that you were less than 50 percent at fault, your damages will be reduced in proportion to the degree of fault the court assigns to you. An example of comparative fault is that if you are awarded $100,000 in damages, but the court determines you were 30 percent at fault for the accident, your award will be reduced by 30 percent. You will collect $70,000 instead of the full $100,000. Common Sideswipe Accident Injuries Sideswipe accidents, even at low speeds, can cause severe injuries. There is not the structural protection there is when a car is hit from the back or the front. Some of the most common side impact injuries include: Chest injuries. Lower extremities. Head. Abdomen and pelvis area. For those on the “hit” side, the door panel caves in and hits the passenger. For those on the side that was not hit, they are hit by the rebound by the pillar where the seatbelt is anchored. Long Island Sideswipe Accident Attorneys If you were involved in a sideswipe car accident, our attorneys at Siler & Ingber, LLP, have the experience you need to pursue your claim. We will evaluate all the circumstances of your case and determine how to prove fault. We are committed to collecting all the damages to which you are legally entitled. Contact us as soon as possible for a free case evaluation.
Drowsy Driving: An Underrated Danger
When you ask someone what the most dangerous actions behind the wheel are, they’re likely to give you an answer from a short list: texting, using a cell phone, or driving drunk or under the influence of drugs. They might be aware that eating and drinking while driving is also a problem, or even that talking to passengers in the car is one of the most frequent causes of distracted driving crashes, especially for younger drivers. But most people might not immediately mention drowsy driving, even though it’s one of the biggest risk factors on the road. Flashier problems with greater media interest, like texting while driving or Instagram speed filter crashes, tend to grab the headlines. One in Five Fatalities The drowsy driving problem is not new: Traffic researchers have been aware of it for many years, and federal regulations for commercial drivers have included on- and off-duty rest period rules for quite some time. Researchers at the National Highway Traffic Safety Administration (NHTSA) have repeatedly estimated that about 2.5 percent of traffic fatalities can be directly blamed on drivers who fell asleep at the wheel. Their latest report, released this fall, attributed more than 4,100 deaths between 2011 and 2015 to this problem. Others think those numbers don’t account for the true scale of the problem. In a 2014 report, AAA determined that sleepy drivers may account for closer to 21 percent of all fatal crashes. The Centers for Disease Control and Prevention agrees that the problem is probably much more serious: Researchers believe that around 6,000 deaths each year might be the result of drowsy driving. Even the NHTSA acknowledges that its data collection methods might lead to significant underestimation. Less Sleep, Higher Risk It’s not simply a matter of trying to stay awake too long, either. Drivers who don’t sleep enough before hitting the road have a measurable and escalating risk of causing a crash. Anything less than seven hours of sleep brings an increased risk, with a mere two-hour sleep deficit nearly doubling crash risk. It goes up sharply from there, with drivers who slept less than four hours having a crash risk more than eleven times that of drivers who got a full night’s rest. That’s the equivalent of driving with a blood alcohol content of 0.12 to 0.15—nearly double the legal limit for an automatic drunk driving charge. Long Island Car Accident Lawyer When you’ve been the victim of a car accident, it’s important to contact an experienced Long Island car accident lawyer before you take steps to recover compensation from those who caused the crash. The odds are good—even as high as one in five—that the driver who caused the crash contributed to it by not getting enough sleep. The attorneys at Siler & Ingber, LLP understand this kind of case, and as part of the investigation into your claim, we’ll work to uncover information that will help prove the liability of the other driver. Every new client is entitled to a free consultation with a member of our team. Give us a call today at 1-877-718-6079 or fill out the contact form below to schedule your appointment.
