Articles Posted in Car Accident

DISTRACTED-DRIVER-300x200According to the National Highway Traffic Safety Administration (NHTSA), more than 2,840 victims suffered fatalities in distracted driving accidents during 2018 alone. Roughly 9 victims are killed each day in the 1,000 plus car crashes involving distracted drivers. It is no surprise that the Governor’s Traffic Safety Committee reported distracted driving as the leading contributing factor in New York State collisions. 

What Is Considered Distracted Driving?

Distracted driving happens much more often than you would imagine. Anything that removes a driver’s complete attention from the road is considered distracted driving. Suppose a driver looks at something other than the road, takes their hands off the wheel, or even thinks about something other than driving. In that case, that driver can be regarded as distracted. Below are some common examples of distractions while driving:

Rear-End-Accident-300x200Car crashes can range in severity from minor cuts and bruises to total paralysis and even death. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, over 36,000 victims died in car accidents. The actual injuries suffered depend considerably on the nature of the accident, the speed of the cars, the type of vehicles involved, and whether or not the occupants were wearing their seatbelts. Unfortunately, many victims suffer long-term effects from car accidents that outlive their initial visits to the emergency room. 

The 5 Most Prevalent Types of Car Crashes

To better protect you and your family from suffering a devastating accident, it is crucial to be aware of the common types of collisions. Below, the Dietrich Law Firm P.C.’s highly experienced team has listed the most frequently occurring car accidents along with tips to avoid them: 

After-An-Accident-300x200No one ever anticipates getting into an accident and withstanding life-changing injuries or worse. After an accident, it is customary to be angry, disoriented, and in some pain. Some victims may not know what to do after an accident and panic. Unfortunately, the actions you take directly following the incident could drastically impact the outcome of your future lawsuit. Even the slightest mistake could result in significantly less compensation. It is crucial to be prepared so that you can strengthen your claim. Below our veteran attorneys have listed a few things you should do and a few things you should not do after an accident. 

Steps That Can Support Your Claim

  1. Seek Medical Treatment: If your injuries are severe, your top priority should be receiving medical treatment. Call 911 immediately if an ambulance is required. Getting a doctor’s examination can help verify the harm you suffered.

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Victims of serious accidents can be incapacitated at hospitals for weeks or even months. Even with medical insurance, hospital bills, prescription medications, surgeries, and rehabilitation costs can quickly add up. This often makes life extraordinarily burdensome for victims. Unfortunately, winning a large personal injury verdict does not always guarantee that a victim will collect a payout from the liable party. In some cases, a defendant may lack adequate financial resources to pay the judgment and file for protection under bankruptcy.

What Happens If The Defendant Files For Bankruptcy?

Defendants, such as municipalities and large corporations, tend to have deep enough pockets to satisfy large judgments and settlements. However, some defendants who cannot afford to pay millions of dollars may decide to file for bankruptcy. While most personal injury lawsuits are tried under state law, bankruptcy is a federal matter.

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Car accidents involving Uber and Lyft drivers happen more often than you would think, and there are some important details that you should know. Given the complicated organizational structures of some ride-hailing services, it may be challenging to determine what parties to name in the lawsuit.  

 

What is Raiser LLC?

 

Uber drivers are frequently misguided about what company hired them, whom they drive for, and who pays them. Due to numerous legal issues, such as class action lawsuits, Uber formed a separate company called Raiser LLC to handle its drivers. Raiser is a wholly-owned subsidiary of Uber and a key component of Uber’s corporate structure. Uber drivers are technically independent contractors for Raiser. As such, Raiser manages all of the official payments to Uber drivers. Having a subsidiary deal with all driver-related matters was designed to shield Uber from direct litigation. If you, or a loved one, were critically injured in an accident caused by an Uber driver, this organizational structure could play an essential role in your claim. When accident victims want to pursue litigation against Uber, they should always name Raiser as a party to the lawsuit.

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Chief Administrative Judge Larry Marks issued Administrative Order 270/2020, which implemented considerable modifications to general civil practice in New York Supreme Court. Overall, there are nearly 30 rules that have been adopted into the Uniform Rules. Many of these new rules or variations were derived from the existing rules and procedures of the Commercial Division.

Highlights of the Recent Changes to the Uniform Rules

Some of the most noteworthy changes to the Uniform Rules include the following:

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At a minimum, all drivers are expected to obey New York State’s Vehicle and Traffic Laws and exercise reasonable care to avoid any accidents. While getting a ticket can be frustrating, traffic violations can lead to severe accidents and resulting injuries. When drivers violate the law and collisions result, they can be found negligent per se. Although there is no foolproof way to avoid every accident, driving cautiously and obeying traffic regulations is the best way to keep you and others safe.

Avoiding Five Highly Prevalent Traffic Violations

Speeding: Traveling over the speed limit is the most common traffic violation. Speed limits exist to prevent accidents and save lives. According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 9,400 victims who suffered speeding-related fatalities in a single recent year. It is important to remember that speed limits are the maximum rate you can travel by law. It is also imperative not to drive too fast for the given road conditions.

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In a single recent year, over 45 million licensed drivers were at least 65 years old in the United States. While driving helps provide elderly drivers with freedom and independence, the dangers of being seriously injured or worse in a car accident dramatically increase with age.

Older Drivers Face an Increased Risk of Suffering Deadly Crashes

According to the Centers for Disease Control and Prevention (CDC), more than 20 elderly adults suffer fatalities every day, and nearly 700 are injured in crashes. Drivers who are 75 and older have considerably higher crash fatality rates than middle-aged drivers. This can be primarily attributed to the heightened vulnerability of suffering serious injuries. As we reach advanced ages, various health conditions and disorders that can make driving problematic. Some health problems that might negatively impact seniors’ driving abilities include:

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Every driver is required to exercise reasonable caution behind the wheel of a motor vehicle. At a bare minimum, every driver must obey New York State traffic laws, drive cautiously, and do their best to avoid causing injury to others. Although this might seem like common sense, there are many surprising examples of behaviors that disregard the reasonable standard of care. In one form or another, negligence is responsible for the majority of all car crashes.

What is Negligence?

When a driver breaches their duty of reasonable care and that breach causes injury or property damage to another, that driver can be held liable. Accident victims rely on the legal theory of negligence to show that a driver is legally responsible. Driving negligently usually entails performing a senseless act or failing to act when necessary.

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You may have been stopped at a red light during your commute home from work. As you wait for the light to change, another driver rear-ends your car. Although your bumper is barely scratched and the airbags failed to deploy, your neck feels sore. Several days later, you start feeling a throbbing pain running down your entire body. Unfortunately, all too often, severe injuries result from fender benders and other minor accidents.

The Body Is Highly Susceptible to Injury

Although Insurance Companies often try to argue that low-impact collisions cannot cause serious physical injuries, the spine consists of several highly delicate sections. During even low-impact collisions, the victim’s body may be subjected to violent forces, such as rotation, acceleration, and deceleration. Whiplash is known to happen at speeds as slow as five mph and is capable of causing chronic issues, such as arthritis and headaches. An abrupt jolt from an unexpected brunt or stop can overextend the ligaments, tendons, and muscles that form the cervical vertebrae. Furthermore, herniated discs are known to cause acute pain and may require surgery.

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