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…
Comparative Negligence: What happens when they try to blame you for your injury?
In New York State, an accident victim may receive less than 100% of their damages, even if they “win” their case. That is because New York State law allows for a defense called “comparative negligence.” What is Comparative Negligence? New York State is a pure comparative negligence state. That means that if both the plaintiff and defendant contributed to the accident, the court must determine each party’s percentage of fault and award compensation accordingly. This can mean that even if a party is almost entirely at fault for an accident, he may still receive compensation. How does Comparative Negligence work?…
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…
Motorcycle Safety Awareness Month – Share the Road
May is Motorcycle Safety Awareness Month and as a rider myself, I take motorcycle safety very seriously. I want to take this opportunity to share some information on motorcycle safety and encourage all drivers and motorcyclists to share the road with each other. In 2014, 4,586 motorcyclists were killed in traffic crashes and 88,000 motorcyclists were injured. Those deaths account for 14 percent of the total highway fatalities that year. Safe riding practices and cooperation from all drivers will help reduce the number of fatalities and injuries on our nation’s highways. But it’s especially important for motorists to understand the safety…
What to do if you witness an accident
We hear a lot about what to do in case you’re in an accident and of course tips on how to do your best to avoid accidents. I’d like to share a few important things with you about what to do if you witness an accident and are the first to arrive on the scene to help. Make sure you’re safe You won’t be helpful to anyone if you don’t first take care of yourself. Pull over and park your car a safe distance from the accident, remembering to turn on your hazard lights. Before exiting your vehicle, check for…
Staying safe on the road this holiday season
Along with the joy and excitement of the holiday season, we are also faced with the potential for icy roads, increased traffic, an increase in inexperienced teen drivers on the road during school vacation and out-of-towners visiting relatives that may not be familiar with the local roads. These factors can lead to an increase in automobile accidents and several of the top 10 deadliest days of the year to drive are in the next few weeks.
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