New York Injury Attorneys Blog

New York car accident lawyers often handle cases invovling car and truck accidents which involve stop signs. Car accidents often involve serious personal injuries and even death when pedestrians and cars are struck at intersections with stop signs.

In New York, lawyers and attorneys who handle personal injury cases involving car accidents at intersections must be familiar with the responsiblities of motorists at intersections. New York Vehicle and Traffic law 1142(a) requires every driver of a vehicle including a car and truck approaching a stop sign tol stop. The law also requires that cars and trucks after stopping to yield the right of way to any vehicle, car, motorcycle or truck which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

New York car accident lawyers must also be familiar with the car driver's responsibilites towards pedestrians crossing the street. New York Vehicle and Traffic law 1142(b) requires drivers of vehicles, including cars and trucks, approaching a yield sign to slow down to a speed reasonable for existing conditions, or stop if necessary. The law also requires that motorists yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.

The law provides a powerful weapon for New York car accident lawyers who represent injured pedestrians. The law states that if a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right of way.

The Courts in New York have repeatedly recognized that where a driver has violated a traffic law designed to ensure the safety of others, and this violation causes another's injury, the court may find judgment in favor of the injured plaintiff so long as no comparative negligence has been established. Courts have reasoned that a driver of a car or truck who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142(a) and is negligent as a matter of law. A driver is required to see that which through proper use of his or her senses he or she should have seen," and the driver with the right of way "is entitled to anticipate that the other motorist will obey the traffic law requiring him or her to yield.

Under New York Vehicle and Traffic Law, § 1111(a)(1) car and truck drivers are legally obligated to yield the right of way to pedestrians in the crosswalk who are crossing when the "Walk" signal is in their favor, and a driver's failure to do so establishes prima facie negligence as a matter of law. An injured pedestrian is entitled to judgment as a matter of law, where plaintiff was in the crosswalk with the light in their favor, and the car strikes them while making a left turn. A motor vehicle driver has an obligation to observe and watch for pedestrians, and is negligent where he has failed to see what through the proper use of his senses he should have seen.

New York car accident lawyers should always use these firm statutes to represent their clients who sustain serious personal injuries in car accidents involving intersections with stop signs.

As a Car accident lawyer in New York City, I have handled numerous car accident cases in which someone riding a bicycle was hit by a car or truck. In New York City, especially Manhattan, bicyclists are very common on the roadway. The streets congested with fast moving traffic and cars which are often switching lanes and stopping suddenly create a hazardous situation for bicyclists on New York City Streets.

The issue of fault is almost always a he said, she said situation with bicycle accidents. Nevertheless, New York law provides a powerful weapon for New York accident lawyers who represent bicycle injury victims in New York. New York Vehicle and Traffic Law 1146 states that every driver of a car or truck shall exercise due care to avoid colliding with any bicyclist, or pedestrian upon any roadway and shall give warning by sounding the horn when necessary. Therefore in any accident in which a car or truck driver sees a bicyclist before the accident, they have some degree in fault for not avoiding hitting the bicyclist.

As a New York car accident lawyer, who also handles a large number of commercial trucking accidents, I have handled numerous personal injury cases involving out of state motorists who cause car accidents in New York.

One of the first questions every personal injury victim of a car accident asks their car accident lawyer is where can I sue. The answer is that New York law provides for jurisdiction over a defendant if the accident occurred in New York. Generally, the lawyer will have to file the lawsuit in the County where injured Plaintiff resides. The New York vehicle and traffic law provides that every out of State resident who drives into the State of New York, by entering New York appoints the New York Secretary of State as his agent for process of service. That means that the New York car accident lawyer can serve the summons and complaint upon the Secretary of State who will accept it on behalf of the out of state motorist. The New York car accident lawyer is required to serve an additional copy by certified mail upon the out of state motorist.

Another question New York car and truck accident lawyers hear is how much insurance is available. Many victims who have sustained personal injuries caused by out of state motorists are told by their insurance companies that they don't have insurance to cover bodily injury, or they only have minimal policies. The law in New York, which all New York car accident lawyers must be familiar with is that New York is a deemer state. This means that any insurance carrier which writes policies in New York is deemed to automatically provide the minimum requirements of the New York Insurance law to the out of state car, regardless of their actual policy limits. This means, that if the out of state car or truck is insured by a company that writes policies in New York, the out of State car is deemed to have New York's minimum requirements, the moment that the car enters the State of New York.

New York's minimum requirements are $25,000 in liability coverage and $25,000 in no fault benefits. If you have suffered a personal injury in New York with an out of state car, you should consult with a New York car accident lawyer, who is experienced in handling car accident cases involving out of state motorists.

As a New York City car accident lawyer and Westchester car accident attorney, I have handled numerous hit and run cases. The first question people ask when they suffered an injury in a hit and run car accident is what do I do? If is frustrating and confusing to not know who hit you.

The answer is don't worry, you are entitled to benefits and to recovery damages for your serious personal injury. Who is responsible to pay your benefits and to compensate you for your personal injuries depends on how your car accident happened and whether you were in a car or truck or were a pedestrian.

The New York Insurance Law has set up a fund called the New York Motor Vehicle Accident Indemnity Corporation pays for the medical bills, wages and compensates car accident injury damages for personal injuries, if there is no other insurance available. There is no other insurance available if the other car was either uninsured or it left the scene (hit and run). However, New York law requires car accident insurance companies to provide no fault and uninsured motorist benefits.

So if you were in an insured car, which was involved in a hit and run car accident, the insurance company for the car which you were in has to pay your no fault benefits and provide uninsured motorist benefits.

If you were a pedestrian and were hit by a car, which was either uninsured or fled the scene after the accident.

There are time limits to get these benefits. For example, New York Insurance Law 5208 requires that someone who sustained an injury in a hit and run car accident report the accident within 24 hours or as soon as reasonably possible to a police, peace or judicial officer or to the Commissioner of Motor Vehicle. However the law also states that the fact that the accident was not reported within twenty-four hours after the accident shall not prejudice the rights of the person if it is shown that it was not reasonably possible to make such a report or that it was made as soon as was reasonably possible. Many car insurance policies have similar language as requirements to get uninsured motorist benefits.

Unfortunately, if there was an accident, often the New York City Police Department does not respond to hit and run calls and if they do, they often loose reports. New York insurance companies are notorious for trying to deny claims because of the lack of an accident report. To prevent insurance companies from taking advantage of sloppy police work to harm their insureds who were car accident victims, the courts have consistently afforded a very liberal interpretation to the notice requirement, accepting police contacts that fall far short of the operator's obtaining a written report. If you were injured in a hit and run, in New York City or Westchester, call our New York car accident lawyers for a free consultation.

Unfortunately, many people who have suffered serious personal injuries in car accidents are victims to inadequate insurance coverage. This typically occurs where the person who is responsbile for causing the car accident or the truck accident has only a minimum policy.

Where an accident victim has suffered a serious injury caused by someone with only a minimum liability policy, New York injury lawyers who represent car accident and truck accident victims must explore the availability of supplementary underinsured benefits. The minimum insurance requirement in New York is $25,000 of liability insurance. Where an accident victim has suffered a serious personal injury such as a fracture or back injury that requires surgery or is disabling, that is insufficient.

Where the accident victim has higher insurance limits, their own insurance can be made to pay the difference between the low insurance policy of the defendant and the policy limits of the accident victims. For example, if the car accident victim has $100,000 in insurance and the person who caused the car accident has $25,000 in insurance, then, the defendant's insurance company will pay $25,000, and then the car accident victim with serious persoanl injuries can force their own insurance company to pay $75,000 (the difference between the $100,000 policy and the $25,000).

Under New York law, every car insurance policy automatically must include a S.U.M., endorsement. New York car accident lawyers must put the no fault carrier on notice of an SUM claim as soon as possible after learning the policy limits of the under insured vehicle. Also New York car accident lawyers must get consent from the S.U.M. adjuster prior to settling with the insurance carrier for the car or truck that caused the accident, or else S.U.M. benefits might be lost.

New York car accident lawyers who represent clients who sustain personal injury in auto accidents or truck accidents must be familiar with the rules of the road in the New York vehicle and traffic law.

Michael Joseph, an experienced car accident lawyer and truck accident attorney has won numerous cases by proving the other driver violated New York's vehicle and traffic law. New York V.T.L. § 1111, requires motorists facing a steady circular red signal to stop at a clearly marked stop line or before entering the crosswalk (if there is no stop line) and remain standing until an indication to proceed (green light).l

We have used these rules to prove the other driver was 100% at fault. Often insurance company lawyers will try to argue that the injured party was partially at fault becuase they were not careful enough when the defendant blew a red light or stop sign. The law in New York is while a driver entering an intersection with a green light must exercise caution, summary judgment should be granted where the defendant's action of running a red light was the sole cause of the accident. The New York courts have recognized that operators of cars which havethe right-of-way, are entitled to expect that other vehicles will obey the traffic laws requiring them to yield.

New York car accident lawyers must remember to adequately research the vehicle and traffic laws to adequately represent victims of personal injuries from car accidents in New York.
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Continue reading "New York Car Accidents- Red Lights and The Rules of the Road" »

If you were injured due to a slip and fall on snow or a car accident caused by ice in Westchester County, you should speak with a Westchester county personal injury lawyer right away. This winter, all of the Westchester towns including White Plains, Yonkers, New Rochelle, Mamaroneck, Port Chester, Tarrytown, Scardale, Ossining and Hartsdale were all blanketed with snow. Likewise, the streets in all of the Westchester towns are frozen over with ice.

As a result, there have been numerous snow and ice accidents resulting in personal injury. The major highways such as I-287, the Hutchinson Parkway, and I-95 have had numerous snow related car accidents and truck accidents in Port Chester, Rye, Mamaroneck, White Plains, Tarrytown, New Rochelle and Yonkers.

As a Westchester personal injury lawyer based in White Plains, I am thorougly familiar with the legal issues involving in these types of cases. Often, defendants will claim they are not responsible for causing car accidents or truck accidents because of snow and ice related conditions. This is not true, because everyone driving a car has a responsibility to drive at a safe speed and to make adjustments for the weather conditions including snow and ice.

Also property owners in the Westchester towns, must make their property safe, which means they need to clean the snow as soon as it is practical to do so. Additionally, commercial property owners are responsible for cleaning the sidewalks in front of their propery.

So if you were injured in a car accident or a slip and fall caused by snow or ice, you need to speak to a Westchester County personal injury lawyer as soon as possible. Also, if possible, you should take a picture of the area where the accident happened to document the condition.

As a New York Car Accident Lawyer, the most common question I am asked by clients who sustain personal injuries in New York car accidents or truck accidents is who will pay my medical bills.

Under New York Insurance law, the insurance company who insures the car you are in is responsible for paying your medical bills and any lost wages. If you were a pedestrian hit by a car, or truck then the insurance company for the car which hit you is responsible for paying your medical bills and your lost wages.

These benefits are not automatic. To receive them you must file a no fault application within thirty days of your car accident. If you fail to do this, the insurance company will probably try to deny coverage based on lack of notice.

As a New York and White Plains car accident lawyer, the second most common question I hear from those who sustain personal injuries in car accidents is will my insurance rates go up. Your insurance rights will not go up just because you claim the benefits you are entitled to. If you were at fault, your insurance rates may go up. But they will not go up just because you seek the benefits you are entitled to. You should never fail to seek the benefits because you are afraid of your rates going up. The reality is that if the rates are going to go up, they will go up anyway. Also, if you don't file the application in time, you may be unable to get the benefits you need. Even if you have other insurance, it will deny the claim in the end, because the car insurance company is responsible. Therefore, if you don't file the application, you may end up being responsible for the medical bills.

Michael Joseph is a car accident lawyer based in New York and White Plains, who represents personal injury victims all over the New York metropolitan area including the Bronx, Brooklyn, Queens, Manhattan, White Plains, Yonkers, New Rochelle, Bronxville, Ossining, Mamaroneck, Elmsford, Scarsdale, Hartsdale and Rye.

As a New York City Car Accident Lawyer, and New York truck accident lawyer, Michael Joseph has handled car accident cases and truck accident cases in the Bronx, Queens, Brooklyn, Manhattan and Staten Island. In any car accident case, you have to show prove both liability and a serious injury. This posting deals only with liability.

Michael Joseph is a New York car accident attorney who has won countless cases involving rear end collisions based on motion papers. As a general rule, in New York, a rear-end collision with a stopped vehicle creates a prima facie case of negligence against the operator of the following vehicle imposing a duty of explanation. A nonnegligent explanation for a car accident may overcome the inference of negligence. Evidence that the vehicle which was rear-ended came to a sudden and abrupt stop will defeat summary judgment. In multiple-car, chain-reaction accidents the courts have recognized that the operator of a vehicle which has come to a complete stop and is propelled into the vehicle in front of it as a result of being struck from behind is not negligent inasmuch as the operator's actions cannot be said to be the proximate cause of the injuries resulting from the collision

A growing number of Courts have held that it is not a sufficient defense to claim that plaintiffs' vehicle stopped short and have granted summary judgement even where there was a claim that the Plaintiff stopped short. Other Courts have carved out exceptions and held that where a defendant rear ends a slowly moving car, the impacted vehicle is entitled to summary judgement. The Courts have likewise held that where the defendant's testimony fails to provide a non-negligent explanation for a rear end collision, but merely offers excuses which strongly suggest that the defendant failed to see what should be seen and to exercise reasonable care under the circumstances to avoid an accident, plaintiff is entitled to summary judgement.

Courts have also held that a wet roadway is not a sufficient defense to rebut the presumption of negligence from a New York car or truck accident involving a rear end collission because a driver is expected to drive at a sufficiently safe speed and to maintain enough distance between himself and cars ahead of him so as to avoid collisions with stopped vehicles, taking into account the weather and road conditions. In one noteable case the Court held that the Defendant did not offer any reason why, if the road were so slippery, plaintiffs were able to stop their own car safely when the car in front of them made a sudden U-turn. Thus a Defendant's excuse that he applied his brakes and his vehicle skidded into the plaintiff because the road was wet, is not a sufficient excuse to rebut a presumption of negligence caused by a rear end collision.

Michael Joseph is a car accident lawyer with extensive experience in handling car accident cases in all of New York City, and the Westchester towns, including White Plains, Yonkers, New Rochelle, Ossining, Port Chester, Bronxville, Elmsford and Mamaroneck.

Michael Joseph a New York Car Accident Attorney and Westchester Truck Accident Lawyer in White Plains, successfully represented the motorist who was injured in a high profile White Plains accident.

A truck lost control and went airborne landing on our client's vehicle. Our client sustained a serious back injury and was out of work for about a year. Michael Joseph won the case and successfully proved the accident was due to the truck's failure to maintain operational control.

Michael Joseph a Westchester truck accident attorney obtained a $500,000 settlement after a year of litigation.

If you were injured in a New York car accident, you need to speak with a New York Car Accident Lawyer. Under New York's no fault laws, the insurance company for the car which you were in has to provide you with "No Fault Benefits".

If you were a pedestrian and you were hit by a car. The car that hit you is obligated to provide you with no fault benefits.

No fault benefits mean that because you were injured in a car accident, the insurance company for the vehicle you were in or hit by (pedestrian), must pay your medical bills and your lost wages. This includes transportation costs to get to the doctor.

To get the benefits you are entitled to after a New York car accident, you need to file a no fault application within 30 days of the accident. If you do not send in this application within the 30 days, you may loose the benefits. Our New York auto accident lawyers provide these applications at no charge as a courtesy for all of our clients.

As a New York car accident lawyer, I am frustrated at having to turn away injured clients because they are not hurt enough to sue. The New York Legislature truly sold out its citizens to the insurance companies when it passed New York Insurance Laws 5102 and 5104.

These laws basically state that you cannot recover even a dollar for pain and suffering from a car accident unless you have sustained a "serious injury" as the law has defined it. Under NY Insurance Law 5102(d) a "Serious injury" means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

This means that numerous injuries that are indeed serious and cause havoc to people's lives are not recognized to be serious under New York Law. The result has been that numerous people who have been injured, get their lawsuits dismissed because they were not "hurt enough" or their doctors did not properly diagnose and document their injuries and limitations.

The Courts have restrictively interpreted this law and have held that even injuries which the medical community considers serious are not serious unless it causes someone to loose 90 days of work or permanent loss of motion of the body part. For example,herniated discs, nerve injuries and even torn ligaments, torn rotator cuffs which require surgery have been held not to be serious injuries becuase they did not cause a loss of a range of motion or disaibility for 90 days.

The result is the person who suffers and works in pain, gets their case dismissed while the slacker who stays out of work gets to go to trial. Also, people who have been legitimately injured in car accidents get their case dismissed while the insurance companies walk away laughing. Even more egregious, the winner of a case, gets to have some of their costs paid by the adversary. Therefore, insurance company lawyers who win cases because a person was not "injured enough" are getting judgments against the people who were injured by the negligence of their insured.

This law was sold to the publis as providing "no fault" guarenteed medical benefits for their injuries and lower insurance premiums. The reality is that the insurance companies are cutting off injured people from medical treatment, the first chance they get. They send their insureds to hack doctors who are professional liars and who find that everyone has reached maximum medical improvement and does not need further care.

The result is that the doctors are no longer treating accident victims after the insurance companies cut them off, which in turn makes it more difficult for the accident victim to prove they have the consequential or significant permanent limitations that the Insurance Law requires to bring a lawsuit.

It is time for this terrible and archaic law to be changed. It is time that the New York car accident lawyers who represent accident victims and the Insurance Companies are on an even playing field. The definition of serious injury needs to be amended to include injuries that require surgery, herniated discs, nerve injuries, and other injuries that have long been considered serious. The insurance companies have gotten away with murder and it is time for this to stop.

This law has allowed the insurance companies to victimize those injured in car accidents and legislative reform is necessary.