Articles Posted in Car Accidents

Some of our readers, perhaps many, have heard of the social media platform called Snapchat. For those who haven’t, Snapchat is an image messaging application that allows users to take videos and pictures which are live for only a matter of seconds before they disappear. The app doesn’t support saving received messages, but it is possible to capture screenshots of the images.

Snapchat has been criticized for encouraging people to send inappropriate content without repercussion. Now, it seems, the company is being sued for encouraging distracted driving. 

A Georgia man who was struck by a teenager using the program is accusing the company of negligence. The accident apparently occurred when the 18-year-old’s vehicle was travelling at over 100 miles per hour—specifically 107 m.p.h., according to accident reconstruction specialists. The teen apparently had three friends in her vehicle at the time of the crash. He claims she had been using a Snapchat feature which allows users to clock the speed of vehicles in an attempt to push her vehicle to higher speeds. As a result of the crash, the man apparently suffered a traumatic brain injury.

Distracted driving is a serious problem wherever you go nowadays. The widespread use of mobile devices has made it all too easy for even otherwise responsible drivers to put both themselves and other motorists at risk. States take a variety of approaches to the problem of distracted driving, some stricter than others.

Here in New York, the legislature has banned both texting and the use of handheld devices for all drivers. These are both primary laws, meaning that law enforcement is able to make citations for the offenses without there have been other offenses. Such laws may be helpful in the battle against distracted driving, but they are inherently limited, and must be supplemented with other efforts, including public education on the dangerous of distracted driving. 

One of the emerging possibilities in fighting distracted driving is the use of so-called “textalyzer” phone scanners, which are able to tell law enforcement whether a driver was texting at the time of an accident. Lawmakers in New York are currently considering legislation which would make New York the first state where police are using the technology. Privacy concerns remain about the proposal, but supporters say the scanners would not allow officers to have access to motorists’ personal information.

Car accidents come in all shapes and sizes. They may be simple fender-benders or involve dozens of cars in a large pileup. The negligent party might be the driver that hit you or it might be the driver of the vehicle that you were in.

The second scenario can often be tricky and cause a lot of car accident victims to feel anxious. If you were hurt in a car accident due to the negligence of the person who was driving the car you were in, you may feel hesitant about filing a claim against them. After all, if the two of you were in the same vehicle, it is very likely that you know each other in some capacity. Perhaps you are coworkers who carpool to your jobsite every weekday or you guys are close friends who rode together to a weekend party.

It can be hard to consider filing a lawsuit against someone you know, but you may also feel as though you have no choice when you see the medical bills piling up. This is a sensitive issue and one that you may want to discuss with your personal injury attorney.

In this post we continue our discussion about the importance of child safety seats. The state of New York has specific laws that must be followed by anyone who is transporting a child in his or her vehicle. If an individual fails to follow these laws, they may be held liable if the child is injured in an accident.

In our last post we discussed the different types of seats that are available. When choosing a brand and type of seat, it’s also important to make sure that brand will actually work in your vehicle. Every car has backseats that are a bit different and may have different angles, so it’s important to make sure the car seat actually fits properly.

On top of that, it’s important to make sure the car seat is installed properly. The first step to take is to read the instruction manual that comes with the car seat and to read the car owner’s manual. These manuals will help you identify the proper way to install the car seat. Some car seats may use a tether anchor that is located in the car, while other car seats may have to use the vehicle’s seat belt in order to properly secure it into the car.

This week we are discussing the use of child safety seats in New York. In our last post we discussed the specific laws that our state has when it comes to using restraint systems and booster seats. While these systems do a great job at protecting our children, many parents do not really understand the different types of systems that are available.

There are basically four different types of restraints for children. The first kind is usually used for infants and newborns. These are known as rear-facing car seats. These seats face to the rear of the car and the seat cradles the child’s spine and neck during a crash. It also has a harness that keeps the child secure. Within this type of car seat there are different choices. You can get a seat that is only rear-facing. Your child will eventually outgrow this type of seat. These are often the types of seats that can be clicked out of a base and carried. You can also get a convertible seat that can change to forward-facing, or an all-in-one seat that can become forward-facing and later be used as a booster seat.

The next type of seat is called a forward-facing car seat. This has a harness and tether that keeps your child from moving forward during a crash. These car seats come in the all-in-one or convertible, as we discussed above, and also in a combination seat which can later turn the forward-facing seat into a booster.

New York, like every state across our country, has specific car seat laws. These laws are put in place in order to protect children who are traveling in vehicles. Children have fragile necks and spinal cords and need extra support and protection in the case of an accident. Just a seatbelt alone is not adequate enough to keep a child safe.

In New York, the laws are very specific:

-Children who are under 4 years old and weigh less than 40lbs must be buckled into a restraint system.

Here’s an interesting topic to consider: self-driving cars. It may seem like a concept out of a futuristic movie, but as many of us know, it’s something that is quickly becoming a reality. It may not be commonplace to see a self-driving car right now, but they are out there.

These types of cars definitely change the liability playing field a bit. Once these types of cars become more common, who would be liable for an accident? Would it be more difficult to find fault or perhaps a lot easier since the cars’ movements are determined by sensors and a computer? If a self-driving car causes an accident, can we sue the driver or the maker of the car?

Google is at the forefront of these types of cars. They have quite a few cars out on the streets being tested. Currently there are two dozen Lexus SUVs out on the roads that have cameras and sensors on them. Although these cars have been involved in a handful of accidents, most of them involved the Google car being rear-ended. And it doesn’t appear that any serious injuries were involved.

Car accidents happen all the time across our state. Many of them are typical fender benders that are frustrating and inconvenient. Unfortunately, a lot of other accidents happen due to the reckless and negligent behavior of drivers on the road. These accidents could and should be avoided, but instead often leave innocent bystanders injured.

Recently a 33-year-old woman was sent to the hospital after her car was hit by another vehicle in New Hartford. This was definitely not your typical fender bender as the driver had reportedly used some type of drug and lost consciousness while driving. To make matters worse, the 34-year-old man was unlicensed and was using the car without permission.

He apparently lost consciousness after overdosing and rear-ended the woman’s vehicle. That sent the woman’s vehicle into the back of a car being driven by a 61-year-old man. While a news article did not detail that man’s injuries, it is very possible for him to experience whiplash symptoms days or weeks after the accident.

In our last post we discussed what to do immediately after you have been involved in a car accident. These steps can be extremely crucial if you plan to seek compensation for any injuries that occurred due to an accident. This is especially true if the accident does not appear to be severe and police do not do a thorough investigation of what actually occurred.

If you have been injured in a car accident, you may have rights under the no-fault law. If you have medical bills or lost wages stemming from your accident, you can collect up to $50,000 from your insurance company to cover these expenses. No matter who was actually at fault in the accident, your insurance company will cover the first $50,000 of your expenses.

In most cases, you have 30 days to file a claim with your insurance company to receive these benefits. If your medical bills have surmounted $50,000, you may seek addition recompense from the other driver’s insurance company. If your insurance company or the insurance company of the other driver refuses to reimburse you for lost wages and medical bills, you may consider filing a lawsuit.

When it comes to car accidents, New York is a no-fault state. Although this may sound like no one can be found liable for injuries that happen during an accident, that is not the case. While the no-fault law may bring some complications, it is something that can be conquered if an injured party takes the appropriate steps.

Documentation is key. If you get into a car accident, make sure you document what happened. This means taking photos of the accident scene, collecting contact information from any witnesses, documenting any injuries and their severities, and writing down your version of how the accident happened. Of course, if someone is seriously injured in an accident, the first thing to do is to seek out medical help. That is always the number one priority after any accident.

Unfortunately, not all injuries are apparent right away. For many individuals, the injuries caused by the accident may start to appear a few days later. The severity of these injuries may be bad enough to warrant ongoing medical treatment.