Passengers rights in a car accident
Passengers are just as likely to be seriously injured in a car accident as drivers, yet many people are unaware of the rights they have and how they should go about seeking compensation if they are injured while riding as a passenger. Under the law, passengers have the same ability to sue for damages as the driver. In fact, they have even greater rights than the driver as they can seek damages from whichever driver is determined to be at fault, including the driver of the vehicle they were riding in, or both drivers if they are both at fault….
Supplemental Spousal Liability Insurance: Is your spouse covered?
If you’ve never heard of Supplemental Spousal Liability Insurance, then you may be unaware of the risk you take every time you drive with your spouse. Many people assume that even if you are found at fault for an accident, your spouse is covered by your own car insurance just as any other passenger would be. That is not the case. In New York State, your spouse can sue you, but the insurance company does not have to defend you or pay the claim for your injuries. This means that if you are at fault for the accident, your spouse…
Bulky coats are a danger for children in a car seat
As we prepare for the cold winter ahead in Putnam County, there is one important issue that doesn’t get as much attention as it should. I’m talking about winter car seat safety. While I’m happy to see so many parents using the proper car seats for their children, the seat can’t do its job in protecting a child if it’s not used properly. The issue I’m talking about is with heavy winter coats. In order to fit a child wearing a heavy coat into his or her car seat, it means loosening the straps. Those loose straps may fail to…
Don’t ignore injuries from a “fender-bender”
Most of us know the term “fender-bender,” and many of us have been in one ourselves. The term seems accurate, since on the surface it seems like the only damage from the accident is a small dent. In the 40 years I’ve been helping injured people, I have all too often seen people lose their right to fair compensation because they assumed that it was just a minor accident. Unfortunately, the bodily injury suffered in a minor accident often won’t present its full effects until some time has passed. It’s about fairness Some people have the wrong idea as to…
Driver and Family Protection Act…it’s about time!
There is a simple and inexpensive option available on every auto insurance policy that protects you and your family, but many people have never heard of it. It’s so important, that I personally have dedicated my own time to achieving a change in New York State law by joining many of my fellow attorneys on lobbying trips to Albany. I have also written on the subject to raise awareness and pressed our elected officials to take action. I am pleased to say that our voices have been heard and last month New York State passed the Driver and Family Protection…
Dash cams: the perfect eye witness
Many people associate dashboard cameras with the police. Police departments across the nation have adopted dash cams as a way to protect both the officer and the public. What some people don’t know is that this technology has been falling in price and has reached the point where many private citizens are installing them in their vehicles. Should you install a dash cam? You might be wondering why you would want to install a camera in your car. There are several ways that you can benefit from having a visual and audio record of everything happening, particularly in the case…
Driveway accidents involving children: who is liable?
We are all used to parking our car in the driveway, and we tend to think of it as a safe place. However recent studies have shown that driveways, particularly for small children, can be very dangerous places. A shocking 50 children per week in America are injured after being hit or run over by a car that is backing out of a driveway. According to data from the National Highway Traffic Safety Administration, 42% of non-traffic related child deaths are due to back-over accidents. And what is more alarming is that the majority of children are injured by a…
A police report is always a good idea
You may at times have wondered whether it’s really necessary to wait for an officer to arrive at the scene of an accident to issue a police report. Perhaps the damage is minor and no one is hurt, so you think it should be enough to exchange license, registration and insurance information. New York State law requires that drivers stop and exchange information at the scene of an accident, but the law goes even further. What are you required to do? Your obligation depends on the circumstances of the accident. If the accident causes only minor property damage, then you…
What Does “No Fault” Really Mean for Accident Victims?
Most New York drivers have probably heard the term “no fault” at some point, but based on the calls I receive to my office, I know that this is a term that has led to a lot of confusion. Here are a few of the common questions I have received. What is no fault? Personal Injury Protection, commonly known as “no fault coverage” is included in every motor vehicle insurance policy sold in New York State. This applies to drivers and passengers, pedestrians and bicyclists, but specifically excludes motorcyclists. This coverage provides reimbursement for medical payments, lost wages and other…
Pokémon: Staying safe and avoiding distraction.
It seems everyone has heard of Pokémon Go, and although I have never played the game myself, I am concerned about what it means for the safety of our community. For those who have not heard, this is a smartphone game which uses the phone’s camera and GPS to allow players to search the real world and find characters and other elements needed to play the game. While this is meant to be a fun on-line game, it can have real-world consequences if people play while driving, crossing the street or doing any other dangerous activity that requires your full…