What Rights Do You Have After a Car Accident in New York?
Life in New York is fast-paced and hectic. The roads are packed with cars and pedestrians, and the commute is rushed. With all this, the last thing anyone wants to deal with is a car accident. The aftermath of a collision involves a complicated process for which you need trusted legal aid, such as car accident lawyers in New York. It can be a nightmare to be in a car accident. Nightmare, therefore, you need someone who can help you understand your rights. Types of Car Accidents in New York Rollovers There are certain cars that have a higher risk of rolling over because of the load, center of gravity and weight. Risk factors for rollover accidents are poor weather conditions, high speeds and obstacles in the road. Head-on Accidents Most dangerous of all accidents as they have a higher chance of leading to severe injuries like traumatic brain injuries and spinal cord injuries. Rear-end Accidents Most common accidents in New York are caused when the front car stops suddenly, causing the rear driver to collide with the vehicle with them. Reckless Driving Accidents These kinds of accidents occur when the driver is intoxicated, ignores road rules or drives in a way that is extremely dangerous to other people. Several laws are made to keep New Yorkers safe on the road. Even though car accident lawyers in New York can help, every citizen should be aware of these laws to know their rights, and god forbid they get into a car accident situation. Here are some important laws that each one of you should keep in mind: – No-fault Laws New York is one of those few states that have ‘no fault’ car insurance and accident compensation laws. Under this law, it is stated that if you ever get into an accident, you will first submit a claim to your insurance provider for the injuries resulting from the accident. Under limited circumstances, if the injuries are permanent and severe, the victim can file a claim against the other driver’s insurance company, or if necessary, a lawsuit can be filed. These circumstances may include the following:- Limitation of a body function or system Permanent Impairment of a limb or organ Broken bones Substantial disfigurement Full disability for 90 days Comparative Negligence In New York, the car accident laws also include any potential comparative negligence on the part of the plaintiff. In almost all cases, juries are expected to calculate the percentage of fault belonging to each party and the damages. Interestingly, this law applies even if you are primarily at fault. For example, if you are 90% at fault, the other party must pay 10% of your total damages. Statute of Limitations This is the deadline by which you have to file a claim with the court. In New York, for any car accident, it is 3 years. Report Requirements As per New York state, if an accident causes injury, death or property damage above $1,000 can, it should be reported to the DMV within 10 days of the accident. Failing in doing so can lead to license suspension until a report is filed. Get Help from an Experienced Legal Team The best way to maximize your car accident compensation is to hire a legal team with the experience to fight for your rights throughout the process. At Siler & Ingber, car accident lawyers in New York have been providing top-quality legal representation to injured people in New York. The legal battle in a car accident is terrifying & disturbing. It shouldn’t be. We will help you in every way possible and secure the payment you are entitled to. Do not delay further; contact Siler & Ingber team today!
Can a Pedestrian Be at Fault in a Car Accident?
Accidents that involve pedestrians mostly lead to serious injuries for the person on foot and minimum injury or damage for the one behind the wheel. It is believed by many that pedestrians always have the ‘right of way’, which is not true. In some cases, the accident may be caused because of the pedestrian. Now you may ask, could a pedestrian be held liable for a car accident? The answer to this would be, of course! From the legal standpoint, both pedestrians and drivers have an equal duty of care, negligence or carelessness on anyone’s side could directly lead to a major accident. For example, a pedestrian could dart out from behind a parked car without looking for an upcoming car. If you were recently involved in a car accident with a pedestrian or were injured by a car while being a pedestrian, it’s advisable to get in touch with a New York pedestrian accident lawyer to help you fight a fair legal case. Determining Fault in Pedestrian Accident Cases Accidents that involve pedestrians are not that simple when it comes to determining who was responsible for them. There are some cases with clear evidence of the driver being at fault but in other cases it is difficult to find out who is liable for the accident. Negligence is the major factor that determines who gets the blame for the accident. If the pedestrian has been negligent in adhering to the traffic rules, then it is likely that they will incur all (or at least some) of the blame. Furthermore, if a driver hits another vehicle while trying to save a pedestrian on the road, in that case also the person on foot may be held liable for injuries and damages. Determining who is at fault is not easy, so get in touch with a New York pedestrian accident lawyer in your area to ensure that you are well protected. If the Pedestrian is at Fault, What Happens Then? On studying the case if it is determined that the pedestrian is at fault, then the pedestrian will not be able to recover any compensation for their injuries. In fact, the driver involved in the accident may be able to sue the pedestrian for compensation for any kind of damage caused to their car or for any injuries that happened in the car-pedestrian accident. Some examples of behavior that result in a pedestrian being responsible for an injury accident: – Crossing busy roads or highways without paying attention to the traffic controls Not looking for upcoming traffic on a busy road Crossing outside of the crosswalk Walking along bridges, highways or other areas where pedestrians don’t have legal access. Crossing against traffic control signals. Get in Touch with Experienced Injury Attorneys Whether you are the claim filer or a defendant in a pedestrian-involved car accident, it is recommended to contact a New York pedestrian accident lawyer who can help you protect your legal rights. Do not wait until it’s too late. You and your family does not deserve to suffer any kind of physical or mental trauma because of someone else’s negligence. Siler & Ingber team of attorneys understand the finest nuances of personal injury law and insurance. The entire team of Siler & Ingber is there for you. Schedule a meeting as soon as possible to get the compensation you rightfully deserve.
The Different Types of Damages Available After a Construction Accident
The construction industry is home to some of the riskiest jobs in New York. Almost daily, construction site accidents occur. Some may cause bruises or muscle strain, while others can affect the ability of the victim to work and earn. If you believe the accident was caused due to someone’s negligence, you should immediately contact a New York construction accident attorney. If you are a worker in the construction industry, you must be aware of all the risks involved with this line of work. Understanding your rights and options is crucial if you sustain an injury at work. Protections if you file a claim. The several damages you might claim in an accident that occurred at a construction site depend on the extent of your injuries, the situation that led to it and the impact it had on your life. Here are some common damages and losses that one should be aware of as you weigh your options after a construction site injury. Types of Damages You Can Sue For Your insurance may cover the cost of some of your injuries, but you may be able to recover more in a personal injury lawsuit. If you have suffered a long-term or severe injury, there may be many categories of damages and losses that you may not have considered. This is why you should always contact a New York construction accident attorney before moving forward with their case. Some damages for which you can sue the liable party include:- Pecuniary Damages These compensate you for all the financial, calculable loss, including lost wages, cost of treatment, etc. Out-of-pocket expenses Loss of Inheritance, this is in case of a wrongful death claim Medical bills, future medical care expenses Loss of future earnings The damages, like medical bills, etc., can be quickly established based on invoices and receipts. Still, the future expenses or the impact on the potential earning can take more work to determine. A New York construction accident attorney can help you quantify your possible loss of income and earning capacity. Non-pecuniary Damages This is the compensation you receive from the liable party for non-monetary damages from your injury. Damages like these are difficult to prove and calculate, so you need a knowledgeable attorney who can compensate the other party for such a loss. These include:- Mental anguish like Anxiety and Trauma Pain Suffering Loss of Companionship Loss of enjoyment of life Physical & Intellectual impairment Punitive Damages You can request punitive damages only when the other party has purposely caused your injury through fraudulent behaviour or physical assault. Wrongful Death Damages If a loved one has passed away from a construction site accident, you can sue the negligent party for wrongful death damages. These include: – Loss of inheritance Loss of Financial contribution Funeral & Burial expenses Medical bills accrued before death Emotional Distress Schedule an Appointment with an Attorney If you or someone you were related to has suffered injuries due to a construction accident, seeking legal help is the best way to recover the damages you are entitled to. Reach out to Siler & Ingber, a New York construction accident attorney who can help you navigate the complicated legal process.
The Best Ways to Seek Compensation After a Pedestrian Accident
Unlike passengers on a bike or a car, pedestrians have no protection in a road accident. This is why the injuries pedestrians suffer take away months or even years from their lives. In some cases, victims don’t even recover fully. After an accident, if you decide to file a personal injury claim, you want to make sure that you do everything that maximizes your potential compensation. A critical part of full recovery is ensuring that you have adequate compensation for doing so. Hiring an attorney is important as Long Island pedestrian accident lawyers can aid with all your legal requirements. What the victim or the family does immediately after the accident matters. There are some different things that one can do to maximize your claim. Listed below are some ways to seek maximum compensation post a pedestrian accident. Check for minor and major injuries. The first step is to check if you have sustained any injuries from the accident. Move to a safer spot to prevent any further damage. Go to the nearest doctor and get yourself thoroughly checked. Also, get a duplicate copy of your injury report from the doctor to be later presented in court. Try to gather & preserve the evidence. In any court, the judgement is passed only after seeing the evidence. While you are waiting for help, try to take pictures of your injuries, the vehicle which caused them and the area around you. If you can preserve evidence after the accident and present it in court, you will win the case. Get in touch with the authorities. There is a high chance that the witnesses would have called the police or the emergency services after the accident, but if they haven’t, you should do it and report the matter. If you are still reeling from shock, you can ask someone to do it for you. Keep a copy of the police report to help back your case. Get information about the driver that caused the accident. If you are also in a state, try to note down the car’s registration number. Get information about the driver and their insurance. Contact an Injury Lawyer One of the most important steps to seeking maximum compensation after an accident is to get in touch with a personal injury attorney right away. A lawyer can help you recover compensation for your suffering and injuries and ensure that all your rights are well protected. If you are a pedestrian accident victim, you can be eligible for compensation for lost wages, medical expenses, pain & suffering and more. With Long Island pedestrian accident lawyers Siler & Ingber, you may feel comfortable knowing you are rightly compensated for your injuries.
The Different Types of Damages You Can Seek After a Pedestrian Accident
The injuries suffered in a pedestrian accident extend beyond your physical pain. After meeting with an accident, you may not be able to work, and you might have extensive medical bills due to your medical treatment. Under New York personal injury laws, if you have been injured due to one party’s negligence, you- the victim, can seek compensation for the damages caused. There are many areas of payment that you are entitled to after a motor vehicle accident. New York pedestrian accident attorneys can help you understand these damages. Let us look at the types of injuries you can seek after a pedestrian accident. Damages that can be Recovered for a Personal Injury All the damages available in a personal injury case depend on the facts of the case. In most cases, the victim sustains physical injuries, financial losses, and emotional trauma. Damages that are caused by accidents are, in general, divided into three main categories:- Economic Damages Non-economic Damages & Punitive Damages Economic Damages Medical Care and Treatment Bills The cost of medical care and treatment can burn a hole in your pocket for absolutely no fault of yours. Personal Care Costs Victims that sustain disabilities or permanent impairment need personal care/in-home health care to carry out their daily activities such as feeding, dressing, bathing, etc. hence the cost of this home health care is included in a personal injury claim. Loss of Income This comprises the missed time from work due to the injury. This personal injury claim may Include self-employed income, commissions, bonuses, benefits and salaries. Non-Economic Damages It is tough to define Non-economic damages. These represent the pain and suffering experienced by the victim and their families. Example of non-economic damages:- Emotional distress and suffering caused by the injuries Mental trauma Loss of quality of life Inconvenience Disabilities and permanent impairment The suffering of every person is different, and its severity depends on the type of injuries sustained. However, someone with minor physical injuries could suffer significant emotional, physical and mental distress. With the help of New York pedestrian accident attorneys, you can get the rightful compensation. Punitive Damages In injury claims, punitive damages are rarely awarded. Punitive damages ‘punish’ a person for their negligence, which caused the accident. Death or catastrophic injuries may result in punitive damages. How Does One Value the Damages in a Personal Injury Case? The value of a personal injury claim calculation can get tricky and complicated. Several factors can impact the value of your claim and the specific damages you sustained in the accident. Factors that impact the value of your claim include: – Comparative Fault This means that your compensation is reduced by the proportion of the accident caused by your fault. Severity & Type of Injuries More severe the injury more compensation you shall receive from the other party. Damages that result in permanent impairment or disability tend to increase the value of a claim. Strength of the Evidence You need to give evidence to prove that the other party was responsible. If the evidence you provide weakens, the settlement offers you receive from the other party will be lower. Get in touch with New York Pedestrian Accident Attorneys. Calculating and documenting the value of damages can be puzzling and annoying. Insurance companies can trick you by undervaluing damages to avoid paying more for injury claims. Before you accept a settlement offer for a personal injury claim, it is advisable to contact experts such as Siler & Ingber, who have been handling such cases for many, many years now. Their experience can get you the fair compensation that you deserve. Contact Siler and Ingber’s office for a free case review.
New York Construction Site Safety Regulations to Prevent Mobile Crane Accidents
At almost every construction site in New York City, cranes are used to lift and transport heavy loads. Depending on the type of crane, it can lift several tons which makes them a significant threat to construction workers and pedestrians when the safety regulations are disregarded. If you have suffered occupational injuries from a mobile crane, then a New York Construction Injury Attorney can help you file a claim and get the compensation that you deserve for your medical bills and suffering. Mobile crane accidents are not uncommon enough. In an incident that occurred in New York, a large mobile crane collapsed when the construction workers were attempting to secure it during bad weather conditions. As the operator was in the process of lowering the boom, the crane malfunctioned and the boom fell on the street, killing one person and injuring three others. A tragic accident such as this one has triggered concerns over the safety of these cranes and hence the government has mandated certain safety measures to prevent future accidents. Cranes are complex machines and hence here are some construction site safety regulations which need to be followed to avoid any possible occupational injuries: – 1. Travel When a mobile crane is moving from one job site to another or is traveling on the street or the highway, it must not be carrying any attachments, jibs, buckets or any other material attached to the boom. A mobile crane moving from one place to another with or without the load must not have the boom so high that it might bounce back over the cab. 2. Requirement of Capacity Chart Every mobile crane must have a capacity chart posed in the crane’s cab so that it is visible to the crane operator from his/her operating position. This chart shall set forth the safe load that the crane may carry or hoist at different boom angles, various boom lengths and radial distances. 3. Footing Each mobile crane must have a firm footing, whether by natural means or by substantial cribbing, timbers or other structural members sufficient to dispense the load within the safe bearing capacity of the underlying material. 4. Hoisting the Load At any new job site, the boom of the mobile crane must be test operated to its maximum height before any load is hoisted on it. 5. Use of Correct Sling When lifting a load using a mobile crane, always use the correct sling as failing to do so can lead to insecurely fastened loads which can cause serious or even fatal occupational injuries. 6. Unauthorized Operation Locking bars and ignition locks must be provided in the mobile cranes so that unauthorized operation can be prevented. At the time when the operator is not present, the crane must be locked. When in operation no unauthorized person should be present inside the cab or around the mobile crane. Let a New York Construction Injury Attorney Help! If you are someone who has sustained serious injuries in a mobile crane accident in New York, contact Siler & Ingber construction site attorneys. They will study your case thoroughly; research facts related to it and determine whether you have a potential NY crane safety claim based on your injuries. The team at Siler & Ingber is experienced and would give your claim the strongest chance of succeeding in court.
What to Do If You Are Sued After A Car Accident In New York?
Car accidents are scary and being involved in one can be an unpleasant experience. Given the large number of accidents that are happening in New York, it is very likely that you will be involved in a collision at some point. Even if according to you, you have done everything right, you might just find yourself being sued by the other driver. This can make a bad situation even worse. Having a powerful legal aid by your side can make a dramatic difference in the outcome of this situation/case. New York car accident lawyers can help you understand your options and prepare you and a case well for what’s to come. In What Situation Can the Other Driver Sue You? New York City is a no-fault state, this means that the only way you can be sued for a car accident is if the other party has suffered serious injuries. The injuries considered serious according to the New York State law include the following: – Significant disfigurement Loss of a body organ or system Fractures Loss of fetus Permanent loss of a body function Limitations in the use of a body function Dismemberment Death Even if the other party has suffered serious injuries because of the car collision, they must demonstrate to the court that you were at fault. A jury will not award compensation to the other party if this particular condition is not met. If you find yourself being sued for car accident injuries and damages, keep the following things in mind: – Keep your calm A lawsuit is not the final judgement. The person who has filed the lawsuit against you must prove your fault before you can actually be held financially liable for damages. Do Not Admit Fault When someone raises a lawsuit against you, they are certain that you are at fault for the accident. In this case, you should not say anything or admit to the mistake at any point because whatever you say will be held against you in court. Avoid talking to anyone other than your legal help. Continue to Cooperate with Law Enforcement In most cases, at the time of your accident the police write a report, but they might also call you for a follow-up in case someone decides to sue you. Through the entire process, cooperate with law enforcement. Don’t try to lie or give false information as it might hurt your case subsequently. Stop Assuming That Your Case Will Go to Trial Most of such cases are settled out of court, should you admit and accept personal liability. For plaintiffs to file a lawsuit against someone it can get expensive and risky. The vast majority of car accident cases involve settlement between the insurance companies, your lawyer and the other party’s lawyer. In case your case does go trial, don’t be afraid, your attorney will be all set to represent you. Hire an Experienced Attorney You might be in grave trouble if you are sued for a car accident. But don’t worry, it will all get easy to handle once you hire the best firm with New York City car accident lawyers. You have all the right to represent yourself in court but your lack of legal knowledge might hurt you even more. If you are sued, the best plan would be to seek legal help, for that, connect with Siler & Ingber, they are the best in New York. They not only are a team of skilled professionals but they have handled so many similar cases that they know just the right way to get you out of it. Worry no longer, get in touch with the team today for a free evaluation of your case.
What Happens If You’re Hit By Someone While Driving A Rental Car?
If you have been driving around and get hit by someone while driving a rental car, you are in for a lot of hassle. Though in a lot of ways, handling an accident that has occurred with a rented car is similar to the one that is self-owned but there are some added layers such as rental car insurance, a rental agreement that increase the complexities of the whole case for which you should be totally prepared. What to do After Your Rental Car Accident? Ensure the well-being of everyone in the accident While this might be common sense, the first thing that needs to be done is making sure everyone is doing okay. Check the surroundings for dangers of explosion and also all the vehicles that were involved in the accident. In case of a serious injury to anyone, call 911 immediately. Get witness information Look for witnesses around, if you can spot any, get their contact information. In case you are to file for compensation, these witnesses can be useful. Take notes and also pictures Collecting detailed information about the accident is important such as the exact location of the collision, vehicle numbers of the other vehicles in the crash, how the accident occurred, etc. Take pictures of the vehicles involved in the accident, the condition of the road and also the injuries if you have sustained any. Contact your car rental company As soon as possible after the accident, call the rental company and inform them about the accident. In rental cars, there is often an emergency number given either on the dashboard or in the glove box. Your rental company can guide you on how you can go about the whole process. If you were not at fault for the accident that occurred while you were driving the rental car, you still must pay your deductible directly to the rental company from whom you rented the car, because the company is to get that car repaired as soon as possible. Once you have paid for the damages, your insurance company will go after the responsible party, which might then result in you getting reimbursed. How to get compensation for your Injuries? After the accident, you can file a claim with the insurance company and the other companies that are involved in the complete episode, including your own if need be. It is a very good idea to get your claims process started as soon as you have a better understanding of your trauma, injuries and other medical diagnosis as in most cases the insurance companies deny claims even after they are reported well after the incident occurred. Contact an Attorney It is essential to have an experienced lawyer by your side in case of personal injury claims. Siler & Ingber law firm has some top-rated attorneys who have been representing victims in collisions involving rental cars. Contact today and get a free evaluation of your case.
Car Accident While Pregnant? Here’s What to do Next
Having a car accident while you are pregnant is not only terrifying but presents a significant safety risk for the mother-to-be and the unborn child. After a car accident, it is not always possible for the doctors also to figure out if the unborn child was hurt during the car crash or not. It has been observed in many cases that the fetus can sustain serious trauma and injuries even if the mother is barely hurt. Symptoms You Should Watch Out for After a Car Accident While Pregnant Cramps or pain in the pelvic area Feeling feverish and chills Severe headache Losing consciousness during or after the accident Swelling on the face Blood or some fluid discharge from the vagina Vomiting that is not like that in morning sickness What to do After the Accident? Here in this blog the lawyers of Siler & Ingber advise you on all the important steps that you should take after you have been in an accident while pregnant:- Seeking Medical Help Right Away If you suffer serious injuries obviously there will be an ambulance taking you to the hospital but if you feel fine and there are no signs of any significant injuries, you should still seek medical help. A thorough medical examination will make sure that you and your baby are doing fine. Document the accident scene After you have been attended to by the doctor you need to document the accident using your phone. Click pictures of the vehicles involved, the present state of the road, injuries you have sustained and the full accident scene. Get help from local police and be sure to explain that you are expecting Call for help from the local police and let them know that you are pregnant. The police and emergency personnel would ensure that the health of an expecting mother is taken care of on priority. Save all the medical bills and receipts Keep saving all the medicine and doctor reports and bills so that they can act as proof of your injuries and financial losses related to the accident. These can be extremely crucial if you pursue a personal injury case after the accident. Get in touch with a Car Accident Attorney After an accident, you only have a very limited window to file a personal lawsuit. To give your lawyer as much time as possible to build a strong case, you need to get in touch as soon after the accident as possible. Getting assistance from an attorney will only ensure that you are able to recover compensation for your injuries that were caused due to someone else’s negligence. If you have been in a car accident during your pregnancy, know that you have all the right to seek justice and compensation for your injuries that were caused during the crash. Siler & Ingber’s team of lawyers have experience in handling such cases. For a free evaluation or consultation of your case, get in touch today.
How Road Rage Can Contribute to Car Accidents
Whether you believe it or not, but road rage is one of the top causes of road/car accidents. A momentary burst of anger or frustration can lead to poor driving decisions while on the road. It is often considered that road rage only includes extremely violent actions or behaviour when behind the wheel, but road rage can include many different kinds of aggressive driving. When a driver engages in risky/dangerous conduct because of impatience, frustration, anger or any other uncontrolled emotion, the threat of a collision skyrockets. Siler & Ingber car accident lawyers are well aware that divers involved in road rage are more likely to make mistakes in their driving conduct. Car accidents resulting from road rage can cause serious injuries to the driver and the drivers of the other cars involved. Here in this blog, we shall help you learn how road rage can influence car accidents. Actions that can be Examples of Road Rage Driving can be really stressful and hence here we have a few examples that qualify as road rage:- Frequent changing of lanes without any reason. Bullying by driving dangerously close behind a vehicle and forcing them to drive fast. Driving on a high beam when right behind another vehicle. Screaming or yelling curses which people in the other cars can hear. These are only a few; there are many other actions that can constitute road rage. Guidelines to Stop Accidents Caused by Road Rage There are certain ways in which a road rage accident can be avoided. All road rage episode starts with these key areas:- Keeping up the pace If you are driving slow in the left lane, you are asking for trouble. If someone is signalling you for a pass, you should move to the right lane regardless of your speed. Attitude It’s not a competition when you are on the road going from one place to another. Staying calm composed and focused is important to avoid road rage. Provoke Do not get instigated or provoked by another driver. You cannot fight alone. Remember, getting drawn into a confrontation will only end badly. Changing Lanes When changing lanes or merging into the traffic, do not surprise other drivers as they might get frustrated by your behaviour of suddenly merging into the traffic without proper signalling. Tailgating Keep a safe distance from the car in front of you. Tailgating can reduce your response to traffic and can also seriously annoy the driver in front of you. Apologize If you make a mistake while on the road, own it and apologize to the driver affected. Make appropriate gestures such as waving or smiling so that the driver knows you didn’t do it on purpose. Get in Touch with an Accident Attorney Road rage can get very ugly. The dangers of road rage and frustrated drivers should never get in the way of you reaching home safely to your family. Be alert, courteous and kind to avoid most cases of road rage. If you or your loved ones have been in an accident that was caused due to road rage, you should immediately get in touch with the Siler & Ingber team of attorneys. They are the best in this field and would help you get compensated in the best possible way. Get in touch for a free evaluation of your case.
