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How do New York courts assess fault in motorcycle crashes?

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Have you been injured in a motorcycle accident? If you were involved in a motor vehicle accident, someone else may be liable to you for your injuries.

Have you been injured in an accident?

Countless individuals are injured each year in motorcycle accidents. How do you know whether you can make a claims against the driver of the other vehicle? Read below for a quick overview.

How do New York courts assess fault in motorcycle crashes?

New York courts utilize a Comparative Fault approach to determine fault in motorcycle accidents. In assessing fault, the court will reduce the amount of damages by the proportionate amount of fault. For example, if Jennifer gets injured in a motorcycle accident and the fact finder determines that she was 40% at fault and her injuries were determined to be valued at $10,000, she will receive $6,000 ($10,000 minus the 40% of liability or $4,000).

Other states use different methods for determining fault. Some states, for example, use a proportional comparative fault method. With this method, if the injured party is either 50 or 51% or more at fault, they may be barred from recovering for their injuries. For example, in some states (NOT New York), if Jennifer gets injured in a motorcycle accident and the fact finder determines that she was 55% at fault, she would not be able to recover in a proportionate comparative fault state.

New York state uses a method which is more favorable to injured parties than other states, but it is important to know that your damages will be reduced by the amount of fault assessed to you.

How is percentage of fault determined?

There is no magic formula for determining the percentage of fault assessed to the parties in a motorcycle accident. Courts and the fact finder will look at all the circumstances surrounding the accident. Many factors will come into play, including the traffic control devices, speed limits, weather conditions, cell phone usage and witness accounts.

Generally speaking, if one party is rear ended and the other party was following the traffic rules, the party in back is generally held liable.

Another factor that plays into the assessment of fault is the police report. It is important that you provide the police officers with an accurate account of the events which led to the accident because the police officer will use your statements in creating the police report. If one party is given a ticket or citation at the scene, that will also play a part in determining fault.

If you have been injured in a motorcycle accident and need to speak to an attorney, please do not hesitate to contact us.

How do New York courts assess fault in car crashes?

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Have you been injured in a car accident? If you were involved in a motor vehicle accident, someone else may be liable to you for your injuries.

Have you been injured in an accident?

Countless individuals are injured each year in car accidents accidents. How do you know whether you can make a claims against the driver of the other vehicle? Read below for a quick overview.

How do New York courts assess fault in car crashes?

car-crash-attorneyNew York courts utilize a Comparative Fault approach to determine fault in accidents. In assessing fault, the court will reduce the amount of damages by the proportionate amount of fault. For example, if Lisa gets injured in a car accident and the fact finder determines that she was 40% at fault and her injuries were determined to be valued at $10,000, she will receive $6,000 ($10,000 minus the 40% of liability of $4,000).

Other states use different methods for determining fault. Some states, for example, use a proportional comparative fault method. With this method, if the injured party is either 50 or 51% or more at fault, they may be barred from recovering for their injuries. For example, in some states (NOT New York), if Lisa gets injured in a car accident and the fact finder determines that she was 55% at fault, she would not be able to recover in a proportionate comparative fault state.

New York state uses a method which is more favorable to injured parties than other states, but it is important to know that your damages will be reduced by the amount of fault assessed to you.

How is percentage of fault determined?

There is no magic formula for determining the percentage of fault assessed to the parties in a car accident. Courts and the fact finder will look at all the circumstances surrounding the accident. Many factors will come into play, including the traffic control devices, speed limits, weather conditions, cell phone usage and witness accounts.

Generally speaking, if one party is rear ended and the other party was following the traffic rules, the party in back is generally held liable.

Another factor that plays into the assessment of fault is the police report. It is important that you provide the police officers with an accurate account of the events which led to the accident because the police officer will use your statements in creating the police report. If one party is given a ticket or citation at the scene, that will also play a part in determining fault.

If you have been injured in an accident and need to speak to an attorney, please do not hesitate to contact us.

I was injured in a wreck with a truck, is the company at fault?

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A commercial truck can cause an immense amount of damage to your car and you, resulting in pain, suffering and financial losses. If you have been hit by a commercial truck and the truck driver is responsible for the accident, here is what you need to know before you speak to your truck accident lawyer.

Document Everything

Make sure everything from the accident is documented. Get police reports and the names and addresses of any witnesses, if possible. If you were seriously injured, you can get this information later or ask a relative or friend to help you do so. While the situation is stressful, keeping the coolest head possible could help you avoid costly mistakes.

Do Not Sign Anything

Trucking companies often have their own loss mitigation departments and legal teams. Their job is to minimize the trucking company’s losses as much as possible in the aftermath of an accident, and the same goes for the insurer who is providing coverage for the commercial vehicle. You do not have to give the truck company’s insurer a statement, but be sure to give an honest one to the local police if asked.

Get your own truck accident attorney before speaking to the truck’s insurer or the company’s representatives to protect your own interests. Never sign any documents from the trucking company or its insurer without your attorney reviewing them first, as you do not want to unknowingly give away any of your rights.

What You Must Show

To win a case against a trucking company or truck driver who caused your accident, you must show that the driver failed to meet the reasonable care standards all drivers are held to while on the road and that the failure caused your injury. Your truck accident lawyer can help you demonstrate all of this in court with the facts of your case. Failure to meet reasonable care standards includes texting while driving, speeding and other behavior that is considered reckless on the road.

Identify the Defendants

The truck driver alone may not be the only defendant in your case, and it is important to identify all potential defendants so you can collect the damages you are entitled to. Your truck accident attorney will examine your case to find all the possible defendants, which can include the trucking company, the company’s insurers and contractors. If hazardous materials on the truck made your accident worse or contributed in any way, the maker or supplier of those materials may also bear some legal responsibility.

What can I do if I’m hit by a car while riding a bicycle?

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Riding a bicycle can be a great way to get where you need to go in an efficient manner, but it can also put you at risk for being involved in an accident where you are hit by a car for something that’s not your fault. Keep reading to understand more what to do in this common but often frightening situation so you’ll feel more equipped to pursue your options.

Firstly, it’s important to realize that bicyclists have largely the same rights as motorists who are injured in accidents of their own. The main difference is, whereas drivers are required to carry car insurance in most states, that does not apply to people who ride bicycles.

No-Fault States

There are about 12 states that are considered ‘no fault’ areas, meaning you cannot take action against a driver who is at fault for an accident. In most cases though, you can file an accident claim with the insurance company associated with the driver who caused the accident. This is called a third-party claim.

Alternatively, you may have car insurance that comes with a special type of coverage called personal injury protection, or PIP. In that case, you may be able to file a claim under your own insurance.

Getting Help From Legal Professionals

Understandably, you may not be sure how to take legal action against someone who has hurt you through no fault of your own. Being injured in an accident is almost always overwhelming, and that’s especially true if you were following all the rules of the road as a responsible bicyclist but still got hurt. For further guidance on this complex matter, get the advice of a bicycle accident lawyer that focuses on cases in your community. A bicycle accident attorney can answer all your questions and give advice about the strength of your claim as well as the potential weaknesses.

Another advantage of working with a bicycle accident attorney is that they will guide you through every step of the process and offer excellent peace of mind in a situation that otherwise seems very uncertain. If you have suffered a bicycle accident due to another person’s negligence, make the smart decision to talk to a bicycle accident lawyer, even if it’s only to get a consultation about the avenues you could pursue. Information is extremely powerful in legal situations, and you owe it to yourself to be as informed as possible while moving forward.

Types of Motorcycle Crashes that Result in Personal Injury Cases

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Motorcyclists may end up in accidents on the road resulting in serious personal injury, this stems from the small size and weight of most motorcycles compared to other cars on the road.  When a motorcyclist is in an accident there is a better chance of a motorcyclist suffering personal injuries than the driver of a car.   Here are some types of accidents which can occur when riding a motorcycle, which can also result in a personal injury:

Unseen changes in the lay of road

Changes in the road may affect a motorcyclist to a greater degree than the driver of a car due to the size and weight of the vehicle.  It can lead to accidents as a sudden turn in the road could be a surprise and you may be going at a speed which doesn’t allow for you to slow down and properly negotiate the turn.  Similarly, the conditions of roads can change from one hour to the next.  A spill of some liquid or rain could make the road slippery at a bend which you are unaware of, or a fallen tree could appear out of nowhere so take caution when riding around curves. Accidents which occur because of unseen changes in the road can lead to personal injury.

Collisions at intersections

When you come to an intersection on a motorcycle other drivers may not be looking for a vehicle of your size when turning into the next traffic lane. It is very important to try and be vigilant of other cars which may not see your vehicle.  Even the most cautious of motorcyclists cannot expect every turn that drivers make, so it is important to be comfortable with your bike and understand how to control it for these close situations.  Because of the size of your vehicle, even though the other driver may be at fault, you could end up with the more severe injury because of the lack of safety features available to motorcyclists.  Collisions which occur at intersections can lead to serious personal injury.

Collisions on the road

If you are riding your motorcycle on a highway or road other drivers may not be expecting a vehicle of your size and speed and although they may seem to be paying attention, the driver may switch lanes, slow down or speed up for any reason at any time.  It is very important to anticipate and take caution when riding your motorcycle.  In the case that you try to pass a car,  be wary that the driver of the other car may not see you attempting to pass so make sure that your line of sight is unobstructed and there is no one in the other lane who could turn your attempt to pass into a fatal accident.  Similarly, pay attention to the car in front of you, as well as the car behind you, at all times.  You never know when they are going to have to stop, or attempt to pass you, and you taking notice could be the difference between life and death.  In the case that another driver on the road does cause you to crash there is a strong likelihood that personal injury will occur.

If you have been involved in any of these types of accidents and need an attorney, please do not hesitate to contact our office with questions.

How do New York courts assess fault in personal injury cases?

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Personal Injury refers to an assault to the physical and mental well being rather than to property. Each state varies in assessing fault in an accident. In shared fault cases, the defendant being held liable for the incident may claim the victim holds some blame. In such cases, New York follows a “pure comparative negligence rule.” This rule states the amount of damages awarded will be reduced proportionally to the victim’s fault in the incident.  Additionally if a person falls victim to a motor vehicle incident, compensation may be limited due to New York State’s “no fault” law. This law forces victims to collect from their own insurance policies first regardless of who carries blame in the accident if the injuries sustained are not serious enough to qualify for a lawsuit.

In cases involving government negligence, New York State follows a different set of rules in order for a victim to recover damages. In such incidents, a victim will only have 90 days to file a formal claim and one year to file a lawsuit against the city. Lastly in personal injury cases involving dogs and other animals, New York does not have any specific law regarding liability. However the “one bite rule” states the owner may hold responsibility in an injury caused by their animal if the owner had known or should have known the animal was dangerous. If the particular breed or recent behaviors of an animal suggests behavior that could potentially be harmful to others the owner may be held at fault after an incident resulting in a personal injury case. But if the dog had never inflicted a bite before there might not be liability.

It is important to keep in mind after such incidents that each state has a varying statute of limitation. “Statute of limitation” refers to the maximum time in which a victim can bring a personal injury case to court. In New York, for personal injury cases the injured person is given three years from the injury date to file a lawsuit.  If a case in not filed within the time limit the victim will lose the right to file a personal injury claim.

If you wish to learn more about how New York assess fault in personal injury cases, speak to an experienced and professional attorney to help you understand your rights – call 212-353-8700 and speak to one of our attorneys today. 

Can You Help Me Make a Personal Injury Claim?

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Have you been injured? If you were involved in a slip and fall accident, someone else may be liable to you for your injuries.

Have you been injured in an accident?

Countless individuals are injured each year in slip and fall accidents. Many other individuals are injured each year in car accidents. Have you suffered an injury as a result of someone else’s negligence, carelessness, or recklessness? If so, we can help you make a claim.

Important information

In order to help you bring a claim, we will need certain information from you. While you may not have all of this information, the more information you can provide, the better we will be able to assist you. Pertinent information will include the date and location of the accident, the nature of our injuries, any medical records which may be relevant, the police report (if applicable), and any information you have regarding the individuals and/or companies you believe were involved in the accident.

Making a claim

Our office will help make the claim on your behalf. It is important to know that there are strict time limits for making claims. Depending on the type of accident, there may be multiple deadlines which must be met and you cannot miss these deadlines.

Depending on the circumstances, our office may send a claim letter to the responsible parties. In other cases, it may be best to file a lawsuit. Our office prepares claim letters and complaints for personal injury matters routinely. We are knowledgeable about which facts should be included in these documents. We must properly allege the facts and causes of action.

Trust and Dependability

Most importantly, if you have been injured in an accident and wish to pursue a claim, you should have an attorney who will advocate for your rights. You should feel comfortable with your attorney and know that you can rely and depend on them. Your attorney should be responsive to your questions. While you will not meet with your attorney on a daily basis, it is important that you are kept up to date regarding your case.

An attorney experience in personal injury litigation can help to obtain the most favorable results. You should seek a firm who has experience in handling your type of case. Each case is unique but experience with similar cases can help a firm obtain the most favorable result possible. You may want to select a lawyer who has represented other individuals with claims similar to yours.

If you have been injured in an accident and need to speak to an attorney, please do not hesitate to contact us at 212-353-8700.

What kind of damages can be sought after in a personal injury claim?

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Personal injury is an injury to the body or mental state rather than to one’s property. Be it negligence, deliberate action or misconduct, if physical or psychological damage is caused, one may file a personal injury claim. Some examples of frequent personal injuries cases include; motor vehicle accidents, incidents within the workplace, and medical malpractice.

Although all cases differ, in the majority of personal injury cases the injured plaintiff may be entitled to monetary compensation in court or an administrative proceeding.  Workplace injures differ from other personal injury claims in that an employer can only face liability in the  administrative forum called workers compensation, not in court before a judge and jury. Compensation awarded is intended to return the injured party to the state before the incident to the extent possible. Damages are categorized in two ways; special damages and general damages.  Special damages are quantifiable damages that result from the accident. For instance, in most cases that require medical attention as a direct result of the incident the injured plaintiff may be awarded monetary compensation for past, present, and future treatments. Additionally any items, ranging from motor vehicles to personal property, that have been damaged in the incident, are eligible for monetary compensation in order to restore the lost or damaged items. Lastly if either the injured plaintiff has been or is currently hindered from receiving income, the plaintiff may be entitled to receive compensation for lost work. While special damages are monetarily calculable, general damages are not as quantifiable. General damages include intangible suffering such as hardship, emotional distress and loss of amenity as a result of the accident. In most cases involving general damages, the injured plaintiff is entitled to monetary compensation in an amount determined by a jury to compensate for emotional distress.

However in some cases the actions of the injured plaintiff may affect the extent to which damages may be collected. For instance if the plaintiff has any fault in the incident or fails to mitigate the financial and physical damages resulting from the incident, damages may be cut or not given at all.  Lastly, all states have statutes of limitation. If the claim is not filed within the applicable time limit the injured person’s right to file a personal injury claim will be lost.

If you wish to learn more about the damages you can receive in a personal injury case, speak to an experienced attorney to help you understand your rights.

Personal Injury Law and Motorcycle Accidents

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If you are hurt in a motorcycle accident, your first thought may not be to hire an attorney who handles motorcycle accident cases. Unfortunately, you may be at a disadvantage if you are injured in an accident and hire an attorney who does not know all the ins and outs of motorcycle law. An expert in these sorts of cases can ensure that you are protected throughout the entire case.

Frequency of Accidents on Motorcycles

According to the National Highway Traffic Safety Administration, accidents with motorcycles are 35 times more likely to involve a fatality than accidents involving passenger cars alone. Safety features with motorcycles are more common than they were even a few years ago, but there is still the risk that motorists in a car may not notice the motorcyclist, increasing the risk of an accident significantly. Variables such as weather and road conditions can also contribute to a greater likelihood that an accident involving a motorcycle might occur.

Avoiding a Motorcycle Accident

Motorcycles are much easier to overlook than another car for most drivers in a car, and up to two thirds of accidents involving motorcycles occur because the other vehicle failed to acknowledge the motorcycle’s right of way. Safety equipment, such as a helmet, is non-negotiable, and riders must always pay attention to changing road conditions around them. Another important factor in avoiding an accident is for the motorcyclist to make themselves as visible as possible, with working lights and reflective materials on the motorcycle and the rider. While this cannot prevent all accidents, it is certainly a step in the right direction.

Hiring a Motorcycle Attorney

Should the worst happen, hiring an attorney to help if you are injured in an accident while operating a motorcycle is a serious issue. Select an attorney who has experience with motorcycle cases. Ask how many cases they have handled of a similar nature to yours. Motorcycle laws are not too different from the laws governing automobiles, but you need someone handling your case that has experience with those small differences.

Riding a motorcycle may be fun, but you have to be alert, especially as other drivers may not be as attentive to your whereabouts. Knowing how to avoid an accident is only part of the solution. If you do need to hire a lawyer who can help you with your personal injury case, be sure to ask questions and make sure you understand how the law affects your situation.