Archive for the ‘Car Accidents’ Category

If you are injured in a car accident and there is a dispute about how the accident happened, an expert accident reconstructionist can help prove that the other driver was at fault.  Using evidence such as damage to the vehicles, the vehicles’ position after the accident, and skid-marks or gouges in the roadway, a reconstructionist can help prove your case.

This type of expert generally takes the evidence from your case, along with data from the automotive industry, and uses laws of physics (and sometimes computer generated simulators) to prove how the accident actually happened.

The attorneys at Maynard O’Connor have litigated many cases with the assistance of accident reconstruction experts, and can prove how your accident happened and why the other driver is at fault.  Please contact the personal injury attorneys at Maynard, O’Connor to discuss your claim in a free consultation. Call us Toll Free at (800) 721-3553 or email us for a free consultation.

In case you missed Part I, please visit the following link: The Need for Expert Proof.

The title of this post poses an interesting question. What if the person whom hurt you, due to their negligence, doesn’t have personal assets to pay for your pain and suffering? Will you ever get paid? Will you cause another’s financial ruin?

Some people are hesitant to even pursue a lawsuit if they fear that bringing a lawsuit might cause the negligent person financial strife. While these concerns are legitimate, they maybe unnecessary. In many cases, the person carries insurance, which protects him or her financially in these situations.

Auto Accidents: You probably know that New York State is a no-fault auto insurance state. That means that most drivers have car insurance, which provides at least a minimum amount of coverage for to pay for the pain and suffering of another caused by the insured driver’s negligence. If the driver is uninsured or leaves the scene of the accident, New York State my also provide relief through the Motor Vehicle Accident Indemnification Corporation (MVAIC).  Additionally, your own automobile insurance policy might have additional supplemental under-insured motorist coverage (SUM) or an uninsured motorist (UM) coverage, which would provide more coverage for you in the event of an automobile accident caused by another’s negligence.

Other Negligence: People’s homeowners and renters insurance policies also provide coverage for personal injury caused by a person. In most cases, the coverage these policies provide is limited to those accidents which occur in the person’s home or apartment. Some people also have policies called “umbrella coverage”, which provides additional coverage beyond an individual homeowners or renters policy and his or her auto policy.

Finally, if the situation warrants, a it may be necessary to go after an individual’s personal assets. Only by bringing a lawsuit can you find out what an individual’s assets really are.

Regardless, your worries about whether the person who injured you can pay for your damages, are not those you have to face alone. Call the personal injury lawyers at Manyard OConner. Let us evaluate your case, for free. We will handle the hard work and explore what sources are available to compensate you for your injuries. Call 800-721-3553 to schedule a free consultation.

 Additional Reading:

Beyond No-Fault | MVAIC: Uninsured & Injured in an Auto Accident

Perhaps the most common injury sustained in accidents is what is commonly known as “whiplash”.  The term “whiplash” may include a variety of injuries to the muscles of ligaments of the cervical and lumbar spine.  Although such injuries may sometimes be referred to as “soft tissue injuries”, whiplash can certainly be severe and life-changing.

Although whiplash injuries most commonly arise in rear-end collisions, they can also occur in any type of car accident or any slip, trip and fall accident. Such injuries occur when there is any sudden strain or impact to the neck, causing an abrupt acceleration applied to the bones, muscles, and nerves in the upper back and neck. The most common symptoms of whiplash injuries include pain in the neck and shoulders, numbness and a “pins and needles” sensation extending to the shoulders and arms, and stiffness and limitation throughout the neck and back.  It is not uncommon for such complaints to linger and to actually intensify in the days and weeks after an accident.  What might appear to simply be complaints of persistent pain may actually be “masking” underlying injuries to discs and vertebrae.

Because of the potential risk of significant underlying injuries, it is important to obtain immediate medical treatment.  A medical provider can perform a thorough examination and order objective tests to assess the extent of your injuries and to establish an appropriate course of treatment.  Your treatment might simply consist of heat and anti-inflammatory medication, but could also include physical therapy, pain management, chiropractic treatment, and perhaps even surgery to address more substantial injuries.  Obtaining prompt medical treatment will not only help remedy your medical complaints, but will also ensure that your injury is fully documented should you choose to pursue litigation later.

Whiplash is a very real injury with significant consequences.  If you have sustained whiplash-type injuries in any accident, please contact Maynard, O’Connor, Smith & Catalinotto for a free consultation.  We can provide you with guidance and recommendations on treating and documenting your injuries, and ensure that you preserve your rights if you choose to pursue litigation later.

We’ve all been there:  waiting to enter several lanes of heavy traffic when another driver will recognize your plight, leave a space, and wave you into the lane.  What happens when you cross the lane and are then struck by another car in the outside lane?  Is the driver who left an opening and waved you into traffic liable?

Ultimately, the responsibility for a safe merge is yours and yours alone.  The “waving driver” is not responsible for your own safety, and is not obligated to make sure that your path is clear. When entering a new lane of traffic, it is your responsibility to ensure that it is safe to do so.  You should not cross several lanes of traffic unless you can clearly see that the lanes are clear of the hazards of approaching drivers.  If you are struck by an approaching vehicle when entering a new lane of travel, you might be liable for failing to yield the right of way.

If another driver waves you into their lane, only enter that lane, and don’t cross into a new lane until you can verify that it is safe to do so.  You should also always try to “pay it forward” and extend the same courtesy to another driver.

If you are unfortunately injured in a car accident through the fault of another driver, please call the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto at 800-721-3553 for assistance.

Now that you’ve learned how to obtain the accident report of your automobile accident, you might wonder how you read it, since it appears to be all in code. Good news, there’s a form for that too. You can download it here .

If you print out the second page, you can line up Section B along the boxes on the right side of your report and find out what each of those numbers means. Also, if want to know what the number in the insurance code box means, check out this website .

Reading and understanding the accident report is an important tool in investigating an automobile case. If we represent you, you can be sure we will use this tool to ensure you get the recovery you deserve. Call Maynard, O’Connor, Smith & Catalinotto at 800-721-3553 today!

As winter approaches, drivers again encounter the natural hazards of snowy and icy roads.  One additional hazard which is frequently encountered, but can be easily avoided, is the failure to clear snow and ice from the roof of one’s vehicle.  Certainly, we have all seen vehicles with a heavy blanket of snow on their roofs, or have even experienced situations when snow suddenly flies off the roof of a vehicle in front of us.

In many states, the failure to clear one’s roof is a ticketable offense.  Although it is not currently specifically prohibited in New York, legislation has recently been proposed to make that conduct illegal.  The New York State Legislature is currently considering a proposal to amend the Vehicle & Traffic Law to provide that motor vehicles shall not be operated with an accumulation of snow or ice on their surfaces and to establish significant fines for violation of these provisions.  NYS Bill S395-2013; A3687-2013.

Although the failure to remove snow from a vehicle’s roof may not currently be illegal, it may still constitute legal negligence.  Drivers have an obligation to maintain their vehicle in a manner that does not pose a risk to others.  When vehicles travel with an accumulation of snow on the roof, the risk exists that it could fly off the roof, blinding other drivers and causing serious accidents.  A flying mass of snow and ice can cause obstructions in the road, drivers to swerve, or can directly strike the windshield of following vehicles.  Car accidents caused by flying snow and ice may include severe injuries, resulting in the need for surgery or in some cases, death, and serious property damage.

Taking a few moments to clear snow from your vehicle will provide safer roads for everyone.  Should you or a loved one be injured due to another driver’s failure to maintain and operate their vehicle in a safe manner, please call the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto at 800-721-3553 today.

A recent poll presented by USA Today reveals that drivers are surfing the web while driving at an increasing rate.  According to the poll, 24% of drivers access the internet on their cell phone while driving and 17% of people in the poll open their social media networks while driving up from 14% in 2011. In addition, the number of people who have read an email on their phone while driving has increased by 3% since 2011 (21% -24%) and 16% have responded to an email on their cell phone while driving.

The poll also reveals that driving and texting is prevalent among all age groups. The percent of drivers who talk or text on cell phones while driving.  The worst offenders were 18-29 years olds. Approximately 75% admitted to talking on their cell phone while driving and approximately 70% in this age group admitted to texting while driving.

Although young drivers are among the worst offenders, 50% are drivers in the age group of 30-39, 31% of drivers in the age group of 40-49, and 19% are drivers in the age group of 50-64 said they have texted while driving.

According to the study, sending a text message is the most distracting activity to engage in while driving followed by reading a text message.

Texting and driving is extremely dangerous, not only to you as the driver, but also to other drivers around you.  The New York State Vehicle and Traffic Law has addressed the concerns surrounding texting and driving thereby increasing the penalties and points for such infractions.

If you or a loved one have been involved in a car accident and suffered injuries due to the negligence of another driver, please contact the accident attorneys at Maynard, O’Connor, Smith & Catalinotto for assistance. Call us toll-free at (800) 721-3553 or fill out this form for a free consultation.

Reference: Drivers still Web surfing while driving, survey finds, USA Today

Mention the term “black boxes” and most people think of airplanes and, unfortunately, airplane crashes. In the wake of a crash, the Event Data Recorder (EDR), which is the technical term for a black box, gives aviation authority clues on what went wrong. You may be surprised to learn that an EDR is also present in most modern vehicles, where it also records crash data that is used in various ways.

The National Highway Traffic Safety Administration (NHTSA) is proposing that all automakers equip new consumer vehicles with the devices beginning in September 2014.  Black boxes in cars started out as a way for automakers to measure and refine safety equipment. The initial incentive was to allow automakers to get a better idea of how airbags responded in a car crash.  In fact, advances such as “dual-stage” airbags which deploy depending on speed, are a direct result of data gleaned from EDRs.

While EDR information is useful to automakers and NHTSA, it is also very valuable to law enforcement and attorneys.  Data from EDRs is often used as evidence in court cases and to settle legal claims.

When a car crash occurs, an EDR captures and stores information about the incident.  In addition to the date and time of the car crash, modern EDRs record: vehicle speed, engine speed, steering angle, throttle position, braking status, force of impact, seatbelt status, and airbag deployment. If your car was equipped with OnStar there will be a “cockpit” recording of all conversations made after impact within the vehicle.  The EDR doesn’t have any information about who was driving or where an incident took place.  Nor can it reveal any personal driver information. An EDR also cannot tell whether the driver was intoxicated or using a cell phone during an accident.

Despite being called a “black box”, an EDR is usually small and silver.  This device can be extremely useful in investigating, litigating and settling claims on behalf of injured persons stemming from motor vehicle accidents.

If you or a loved one have been involved in a car accident and suffered injuries due to the negligence of another driver, please contact the accident attorneys at Maynard, O’Connor, Smith & Catalinotto. Call (800) 721-3553 or fill out this free consultation form.