Articles Posted in Car Accident

SUMMONS-scaledAfter being injured in an accident, knowing what to expect when pursuing your claim brings you peace of mind. Some of our most frequently asked questions are about the summons. At the beginning of a lawsuit, a summons and complaint are two legal documents served to all defendants. The summons informs the defendant of the plaintiff’s commencement of the legal action and demands that they answer the complaint. The complaint is a written document detailing the plaintiff’s reasons for pursuing the lawsuit. It states the plaintiff’s claims against the defendant and the damages they seek compensation for. 

Serving A Summons  

New York State law forbids any party to the legal action from serving the summons. The person who serves the summons must be at least 18 years old. Process servers are typically used to serve these legal documents. The three methods of delivering a summons are:

Car-Accidents-on-Ice-Blog-scaledWith an average of nearly 94 inches of snowfall per year, many Buffalonians consider driving through the snow to be a rite of passage. Unfortunately, driving anywhere in the winter can be extremely dangerous, especially during freezing conditions. When the temperature drops, ice often rapidly develops on our roads, highways, and parking lots. Since ice can make it difficult for a vehicle’s tires to maintain traction and significantly reduce friction, the rate and severity of car accidents drastically increase during winter. According to the National Highway Traffic Safety Administration (NHTSA), in a recent year alone, victims of wintry condition crashes suffered 374 fatalities and roughly 25,000 injuries.

Who Is Responsible For Your Collision On Ice?

Even if ice played a role in your accident, the at-fault motorist could still be held accountable for your damages. However, determining liability for a collision on ice is more complex than you think. That is why it is crucial to seek guidance from a highly qualified personal injury lawyer.

Joint-and-Several-Liability-scaledPersonal injury accidents like car collisions often involve several parties. Whenever someone is partially to blame for a motor vehicle accident, they could be listed as a defendant and obligated to pay damages if found to be responsible for the plaintiff’s injuries. The rule of joint and several liability applies when there are multiple defendants. New York State’s joint and several liability law allows plaintiffs to hold defendants, individually or collectively, accountable for the total amount of their damages. In these cases, the plaintiff should consider how many defendants were involved, what percentage of fault can be allocated to each party, and each defendant’s automobile insurance policy coverage limits. Many drivers only carry New York’s minimum car insurance liability limits. While this may seem like enough coverage, the damages owed to victims in severe motor vehicle accidents often exceed these amounts.

Joint Liability Vs. Joint And Several Liability

Joint and joint and several liability legal principles allow victims to hold multiple defendants accountable for their actions. Joint liability differs from joint and several liability in that, in the first instance, the responsibility is spread equally among all of the defendants. In the latter, the responsibility shifts depending on the determined percentage of each defendant’s liability. A judge or a jury typically makes this determination. In New York State, defendants generally are held joint and severally responsible.

Request-Police-Report-scaledSuppose you were involved in a car crash and need to make an insurance claim or file a lawsuit. In that case, the Dietrich Law Firm P.C.’s top rated attorneys recommend obtaining a copy of the corresponding police report, also referred to as a police accident report. You can do this by going to the responding officer’s precinct and asking for it in person. The police department should be located in the jurisdiction where the accident occurred. However, you may be able to save yourself a trip by calling in advance to confirm. A copy of the police report will usually be provided for free. While it may be available immediately, sometimes it can take up to 30 days.   

You can also request a copy online if you cannot go in person. The New York State Department of Motor Vehicles (DMV) allows online requests for police reports. For electronically filed police reports, you should allow at least 14 days from the date of the accident. The DMV maintains accident reports for four years from the date of the incident. Although reports involving accidents where no one suffered injury or property damage exceeding $1,000 are not available online, you can obtain one by mailing in a Request for Copy of Accident Report (MV-198C).

What Will I Need To Retrieve My Police Report? 

police-giving-ticket-scaledUpon arriving at the scene of a car crash, the police will investigate to determine which driver is at fault. During this time, the officers typically interview the drivers involved and bystanders who witnessed the accident. Should the police conclude that a driver violated the New York State Vehicle and Traffic Law, they will issue a traffic ticket, also known as a citation. Consequently, the driver who received the ticket must go to traffic court. Suppose the other motorist suffered any damage, such as injuries, lost wages, or property damage. In that case, they might seek monetary compensation through a personal injury claim. Many car accident victims wonder whether the outcome of traffic court will impact their case against the ticketed driver.  

Common Traffic Laws Violated In Car Accidents

There are numerous reasons why the police may cite a motorist for actions that caused a collision. Prevalent examples include:

The-5-Most-Common-Accidents-scaledAlthough the last thing anyone wants is to be the victim of an accident, mishaps are part of life. To better safeguard you and your loved ones, it is imperative to be aware of the most prevalent types of accidents. Below, the Dietrich Law Firm P.C.’s team of personal injury lawyers has listed the most frequently occurring accidents along with crucial tips to avoid them: 

  1. Car Crashes: According to the National Highway Traffic Safety Administration (NHTSA), an estimated 42,915 victims suffered fatal collisions last year. The most significant annual percentage increase in reporting history. Most car accidents are caused by distracted driving, drunk driving, speeding, and weather conditions. You can avoid severe collisions by always driving prudently and defensively, staying focused on the road, adapting to changing driving conditions, and never getting behind the wheel while under the influence.
  2. Slip and Fall Accidents: In a recent year alone, fall-related accidents accounted for more than eight million emergency room visits. Most fall injuries occur at ground level and commonly result in broken bones, such as hip or wrist fractures. You can avoid most falls by taking your time, wearing appropriate footwear, and staying attentive. Slips are more likely to take place when you rush, ignore where you are stepping, or wear the wrong type of shoes. 

Statute-of-Limitations-scaledSuppose that you, or a family member, have been injured in an accident caused by another person’s negligence or recklessness. You may be able to file a personal injury lawsuit. Pursuing a case against the responsible party could be your only means to recover compensation. However, you only have a limited time to file your claim. The deadline is known as the statute of limitations (SOL). The statute of limitations, like a countdown, can significantly impact when or even if you can pursue your case. Regardless of the strength of your claim, when the statute of limitations runs out, your case will be considered time-barred. Meaning the defendant can assert that the statute of limitations has run out and ask the court to dismiss the lawsuit on that basis alone.

The Purpose Of The Statute Of Limitations

The statute of limitations are laws that establish a maximum duration from the date of the incident that a victim must commence legal proceedings. These laws are based on the principle of fairness and apply to criminal and civil cases. Over time, evidence is improperly preserved, memories tend to fade, and witnesses start to disappear. People move on with their lives and do not expect to be sued for accidents long ago. Some crimes, such as murder in the 1st degree and treason, are so horrendous that they cannot be time-barred. 

Dangerous-time-to-drive-scaledDriving is the most dangerous activity the average American performs multiple times daily. When most people get behind the wheel, the thought of getting into a car accident never even crosses their minds. Drivers are more focused on reaching their destinations quickly. However, motorists are exposed to varying risks during their commutes depending on the time of day, day of the week, and time of the year. While the last thing any driver wants is to be seriously injured in a crash, car accidents are a part of driving.

The Riskiest Times For Driving

Independence Day and New Year’s Day have historically been the most dangerous days for Americans to be on the road. Even though collisions can occur daily, at any time, accidents are much more rampant at certain hours on specific days of the week. Additionally, the following times and days are the most dangerous:

Slipped-Disc-Blog-scaledThe human spine comprises 33 vertebrae, each separated by a spongy member referred to as a disc. Each spinal disc contains a jellylike nucleus encased in a rubbery exterior called an annulus. These discs act as shock absorbers and cushions for the spine. Back injuries are often excruciating and can make it difficult for victims to move. One of the most common back injuries is a slipped disc, also called a bulging or herniated disc. As many as 2 percent of adults throughout the United States suffer from slipped discs each year. This type of injury occurs when a portion of the nucleus pushes out through a tear in the exterior. While any spine segment can suffer a slipped disc, most occur in the lower back. When left untreated, herniated discs can potentially cause permanent and life-altering complications. 

Common Causes Of Slipped Disc Injuries

Our discs gradually become more rigid and susceptible to ripping open and rupturing as we age. Consequently, many victims suffer herniated discs from excessive spinal rotation or improper lifting of heavy objects. During an accident, a victim’s body can also be subjected to violent forces that cause the delicate spinal discs to be badly damaged, strained, or thrown out of place. Spinal injuries also commonly result from devastating accidents. Personal injury accidents that frequently cause slipped discs include:

Woman-with-headache-scaledVictims of even minor car accidents often complain about headaches. Headaches suffered after a collision are commonly referred to as post-traumatic headaches because they result from the trauma. Accident victims may suffer head pain immediately, but it is not uncommon for headaches to start several hours or days after a collision. These headaches are often excruciating and debilitating. In addition to the severe pain, headaches can also be a symptom of concussions or traumatic brain injuries (TBIs). It is essential to remember that the severity is not always dependent on the seriousness of the collision. Ravaging and crippling headaches can even arise from low-impact accidents.

Common Causes Of Headaches

Victims of car accidents regularly endure chronic headaches due to the trauma suffered to their head or neck. This can be a violent jolt, direct blow to the head, intense shaking of the skull, or even a forceful strike to the body that causes the victim’s brain to slam against the interior walls of the skull. After a crash, the most prevalent triggers of headaches include:

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