Archive for the ‘Personal Injury’ Category

Now that summer is in full swing, many people are spending their free time on the water. Unfortunately, boating accidents are common.

The United States Coast Guard estimates that there are approximately 6,000 boating accidents every year. All too often, boating accidents are complicated by not just the initial impact, but the additional factors of alcohol and risk of drowning, which can increase the severity of the injuries involved. Injuries can result for accidents with all types of boats and watercraft, including motor boats, jet skis, and sailboats; and on any type of waterway.

While many people venture out on their boats thinking only of having fun, there are specific laws, rules and standards that must be adhered to when boating. These marine laws, rules and standards for New York State can be read by clicking here.

If you have been injured in a boating accident, contact the experienced attorneys at Maynard, O’Connor, Smith & Catalinotto to discuss your situation. You can reach us by dialing 800-721-3553 or you can also email us and we’ll contact you for a free consultation.

Apple has patented a new method to help reduce the growing texting and driving trend.  The patent reveals the system using sensors and on board cameras that check when a person is in the driver’s seat and will prevent the driver from texting while they are in motion.

Earlier this year, Apple came out with the iOS in-the-car service called Car Play.  The integrated system gives drivers a smarter and safer way to use an iPhone in the car.

It works by linking the car’s built-in display and software with iOS 7 and Siri on the iPhone 5, 5c and 5s. Once the iPhone is connected to the vehicle fitted with Car Play, Siri can be used to access the phone’s contacts, make calls, return missed calls and listen to voicemails. When the driver receives an incoming message, they can reply using voice commands. Car Play can guess destinations by scanning the phone’s calendar for appointments and when used with Apple maps, Siri will give instructions, warnings of any traffic accidents and keep the driver updated on the estimated time of arrival.

Car Play can also be used to control music, pod casts and audio books on the car’s display.

Car Play will be rolled out to Ford, General Motors, BMW, Honda, Hyundai, Jaguar, Kia, Mitsubishi, Nissan, Peugeot, Citroën, Subaru, Suzuki, Toyota, Ferrari, Mercedes and Volvo customers.

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: Apple tech takes on distracted driving, Apple Insider

We have previously discussed the dangers of missing the statue of limitations here. Another important time requirement is the concept of the Notice of Claim.

You may have heard the expression “governmental immunity.” The notice of claim requirement is derived from that concept. The governments “immunity” from lawsuits means that suing the government is more difficult than sitting a private individual. In order to sue the government, you, the claimant, must put the government entity I notice that your injury has occurred, and that you might be suing. However, you have a very limited time to do so. New York State has a notice of claim statute, which requires that notice of claim be given to the government entity within 90 days of the incident.

For purposes of the notice of claim, the term government is rather broad. Government, in this case, includes all local and state governmental employees working in their capacity as government employees, local and state owned property, and any employees of governmental agencies and property that those agencies own.

Sometimes, it’s clear whether your claim involves a claim against the government. But other times it’s not. Did you know that the MTA, the group that runs the subway system in and around New York City is a state agency? The Saratoga race tracks are owned by a state agency. Even Gore Mountain is actually owned by the state.

But there’s no need to worry; you don’t need to figure this out but on your own. You can call us. We are here to help you and can identify whether the responsible party is actually a municipal entity. We offer free consultations, and will handle serving the notice of claim for you. If you were injured, do not hesitate—call us right away.

You may also want to check out some other places on the blog where we analyzed about notice requirements. A discussion about the requirement of notifying insurance companies can be found here. A post regarding filing a notice of claim you are in an accident involving uninsured motorist or struck in a hit-and-run can be found here.

Danger of missing the statue of limitations, Beyond No-Fault| MVAIC: Uninsured & Injured in an Auto Accident,

No doubt you’ve heard of the statute of limitations. The statute of limitations limits the time in which you can sue somebody. Most personal injury actions have a three-year or shorter statute of limitations.

Calculating the statute of limitations, and certain cases, can be tricky. If you calculate wrong, you won’t be able to recover from the individual who hurt you.

Your best bet, if you’re injured by the negligence of another person, is to call us as soon as possible. We will offer you a free consultation of your case. And we will figure out when the statute of limitations expires. We will be our advisers.

Also, be aware that if you were injured on property owned by local, state, or federal government, or a government agency, or by a government employee, there are even shorter time requirements you have to meet. Look out for a future post on the “notice of claim” for further explaination. In any case, call us as soon as you can. We are here to help.

In 2014, we will see the 40^th anniversary of the National Maximum Speed Law, which set speed limits throughout the country at 55 mph.  The NMSL went into effect in 1974, as part of the Emergency Highway Energy Conservation Act, and was enacted in response to the oil shortage and spikes in gas prices.  Congress anticipated that the legislation would result in reduced travel, savings in cost and oil usage, and heightened safety. States were required to participate in order to receive funding for highway repairs from the Federal Highway Administration

The law ultimately proved to be unpopular, with several states opting to participate, and drivers increasingly failing to comply.  The law was modified in the late 1980s to allow speeds of up to 65 mph on certain roads, and was  completely repealed in 1995, to return authority over speed limits to individual states.

While the cost savings of the lower speed limit are debatable, reasonable speed limits certainly have had a significant effect on saving lives and reducing serious injuries.  According to the National Research Council, during the years the law was enacted, there was an immediate and significant decrease in automobile fatalities.

In litigation we encounter, the most prevalent cause of car accidents is unsafe speed.  Obviously, the greater the speed, the less reaction time one has to avoid an accident and retain control of a vehicle.  Impacts at significantly higher speeds are also more likely to cause serious injuries and fatalities.  While many drivers may disregard speed limits in an effort to save time, the most important consideration should always be safety.

If you or a loved one have been injured due to another driver’s negligent speeding, please call the accident attorneys at Maynard, O’Connor, Smith & Catalinotto to help you obtain the justice and compensation you deserve.

We are here to help you. Call (800) 721-3553 today or click here to email us.

As winter approaches and the snow begins to fall in the Albany area, driving can be extremely dangerous depending on road conditions.  To help keep our roads safer this winter, follow these winter driving safety tips for driving in icy and snowy conditions:

• If the road conditions are bad, do not drive at all if you don’t have to.
• Don’t drive until snow plows have plowed through your route.  If you must drive in snowy or icy conditions, make sure your car is properly maintained and be prepared with all equipment necessary such as snow tires, cat litter and a safety kit in your trunk.
• Slow down.  If the roads are snowy or icy, go slower than you normally would to avoid skidding.
• Be on alert for deer and other animals darting across the road.
• Leave extra room between you and the vehicle in front of you to allow for gentle braking.
• Always clean snow or ice off your car off before heading out in snowy or icy conditions.  Make sure all windows are clean and defrosted.
• Turn your lights on and keep windshields clean.
• When driving over bridges go extra slow because they may freeze quickly in shady areas.
• If you find yourself fishtailing or skidding, take your foot off the accelerator and do not hit the brakes.  Steer in the direction you want your front wheel to go.
• Never pass snowplows or safety trucks.  They are there for your safety.
• Do not assume your vehicle can handle the road conditions, even if you have four-wheel drive.  Take it slow.

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 car accident attorneys at Maynard, O’Connor, Smith & Catalinotto at 800-721-3553 for assistance.