Understanding Motorcycle Accidents and the Role of Motorcycle Accident Lawyers in New York

The last thing you expect when driving down the road to your destination is to be hit by another driver. Unfortunately, this is something that happens every day on the busy streets of New York. What you do next is crucial and has a significant impact on the outcome of a legal case if you decide to file one. Here's what to know and how a qualified New York car accident lawyer from our office can help. 5 Legal Steps You Should Take After Being In a Car Accident 1. Get the Information of the Other Driver If you are not seriously injured after the collision, it's crucial to get the other driver's contact and insurance information as soon as possible. Be careful not to say anything that could be misconstrued as admitting fault for the accident. Instead, calmly and politely ask for their name, telephone number, and insurance card and be prepared to give them your information as well. more 2. Ask for Witness Names and Numbers If there were any witnesses who happened to be nearby when the crash occurred, you should also try to obtain their names and telephone numbers. This allows the police and your car accident attorney to contact them later with questions without making them stay at the scene. Witness statements can be extremely helpful when recreating the scene and determining fault. 3. Go to the Hospital or See a Doctor Even if you weren't hurt in the collision, it's important that you go to the doctor or a hospital soon after the crash to get checked out. You could be injured and not know it. Going to the doctor right away also establishes a medical record that will come in handy if you do end up needing treatment later on. Otherwise, you risk the other side arguing that you were never hurt. 4. Start Writing Things Down Another helpful tip to prepare for your legal case is to start writing down everything you remember. Keeping a journal or notebook after your accident gives you a place to jot down appointment reminders, doctor's notes, and how you're feeling from day to day. This can be an invaluable tool when it comes to trying to remember what happened. 5. Take Lots of Pictures Along with your journal, take pictures of your injuries, the damage to your car, and anything else you feel might be relevant to your case. You can't go back in time to get photos if you need them, but you can always discard photos that you don't. When to Hire a Qualified New York Accident Lawyer One of the most important steps you can take after being involved in a car crash is to consult with an experienced accident attorney in your area as soon as possible. They can help guide you through the legal process and advocate for you to get the compensation you deserve. Were you or a loved one injured in a car accident by a negligent driver? We can help. Contact Miller, Montiel & Strano, P.C. in Garden City, NY to schedule your free, no-obligation consultation and learn how we can advocate for your right to the full and fair compensation you deserve.

Not all accidents are the result of driver negligence. In many cases, a road defect is to blame. Whether it’s because of poor maintenance or simply a failure to correct a dangerous condition, these hazards can lead to serious injury, missed time from work, and other losses. Holding the responsible entity liable will take the dedicated legal counsel that understands how to build a winning case. You can count on the personal injury lawyers of Miller, Montiel, & Strano, P.C. Common New York road defects Automobile accident victims have the duty of demonstrating how exactly the negligent party caused their injuries. Therefore, you should know some of the most common road defects found in New York, including: Potholes. Potholes present a number of dangers. A driver may swerve to avoid the pothole, crashing into another vehicle, pedestrian, or someone else. Hitting a pothole can also cause temporary loss of control of the automobile that can trigger a wreck. Poor lighting. Nighttime driving is always dangerous, but drivers rightfully expect the roads to be adequately illuminated. In the absence of sufficient lighting, an accident becomes more likely. Road debris and obstructions. These come in many forms, such as downed power lines and fallen tree limbs. Anything that impedes the safe movement of traffic can cause even the safest driver to get into an accident. Construction zones. Work zones must always be clearly marked with sufficient warning so approaching motorists can adjust their driving. Vehicles moving in and out of construction areas can also imperil others. Items falling from trucks and other vehicles. Moving trucks, garbage trucks, and even passenger vehicles can drop objects onto the road. A driver attempting to avoid these objects can crash and cause serious injury to him- or herself and others. Road sign and traffic signal problems. Motorists rely on road signs and traffic signals to not only guide them but to regulate traffic flow. A missing sign or malfunctioning signal can easily set off a major collision. Poorly marked roads. Faded lane markings present a serious threat, especially when traffic congestion is at its peak. An automobile can inadvertently cross a line, for instance, and crash into oncoming traffic. Poor drainage. Excess rain needs to have a place to go, and proper drainage ensures this. But without this critical feature, standing water can flood roads with catastrophic results. Who is responsible for road defects? While drivers are expected to operate their vehicles safely, road defects make this difficult or impossible. After an accident, a number of entities may share liability, including: The governmental unit responsible for building and maintaining roads Drivers who allow items to fall from their trucks and vehicles Employers of negligent drivers, if the accident occurred while the driver was performing work duties General contractors and other companies responsible for construction zone work Safety inspectors who failed to ensure the road was properly designed We’re Ready To Seek The Compensation You Deserve Holding these and other parties responsible for your accident is no simple task and may require steps that are outside of the typical personal injury claim. For instance, there are special rules that apply to suing governmental entities that cause road defect accidents. It will be critical to retain knowledgeable legal counsel that will advocate for your best interests. Find out why so many automobile accident victims count on Miller, Montiel, & Strano, P.C. Give us a call today.

Car accident laws are a set of legal rules and regulations that govern the rights and obligations of drivers, passengers, and pedestrians involved in a motor vehicle accident. These laws vary depending on the jurisdiction but typically cover issues such as: Liability: determining who is at fault for the accident and therefore responsible for damages. Insurance requirements: laws that mandate the types and amounts of insurance that drivers must carry. Reporting requirements: laws that require drivers to report accidents to the authorities or to their insurance company. Statute of limitations: the time period during which a victim can file a lawsuit or claim for damages. Damages: laws that determine what types of damages are available to victims, including compensation for medical expenses, lost wages, and pain and suffering. Criminal charges: laws that govern when a driver can be charged with a crime, such as driving under the influence of alcohol or drugs. It is important to note that car accident laws can be complex and vary greatly depending on the specific circumstances of the accident and the jurisdiction in which it occurred. If you are involved in a car accident, it is recommended that you consult with an attorney who specializes in personal injury law to help you navigate the legal system and protect your rights. What are some New York car accident laws? New York car accident laws are laws specific to the state of New York that govern the rights and responsibilities of drivers, passengers, and pedestrians involved in a motor vehicle accident. Some key New York car accident laws include: No-fault insurance In a no-fault insurance state, drivers are required to carry personal injury protection (PIP) insurance. If you are injured in a car accident, you will file a claim with your own insurance company, regardless of who was responsible for the accident. This means that your own insurance company will pay for your medical expenses and lost wages, up to the limits of your policy, regardless of whether or not you were at fault for the accident. However, there are some limitations to the no-fault system. In New York, no-fault insurance only covers economic losses, such as medical expenses and lost wages. If you have suffered non-economic damages, such as pain and suffering or emotional distress, you may need to file a separate lawsuit against the at-fault driver to recover those damages. In addition, there are certain thresholds that must be met in order to win a lawsuit against the at-fault driver. Generally, in New York, in order to win a case against the at-fault driver you have to prove you suffered a "serious injury," which is defined as an injury that meets one of several criteria, such as a fracture, disfigurement, or permanent loss of use of a body part. No-fault insurance is designed to provide a quicker and more efficient way for injured parties to receive compensation for their economic losses, without the need for a lengthy legal battle to determine fault. Comparative negligence Comparative negligence, also known as comparative fault, is a legal concept that comes into play when determining who is responsible for an accident and how damages should be allocated among the parties involved. In New York, the fault for an accident can be divided among the parties involved based on their degree of responsibility. Under New York's comparative negligence law, if multiple parties are found to be at fault for an accident, the damages awarded to each party will be reduced in proportion to their degree of fault. Comparative negligence can be applied to a wide range of accident scenarios, including car accidents, slip and fall accidents, and construction injury cases. The concept is designed to ensure that each party is held accountable for their share of responsibility for an accident and that damages are allocated fairly based on each party's degree of fault. It is extremely important to note that the comparative negligence concept can be complex, and determining fault in an accident can be a challenging process. Statute of limitations A statute of limitations is a time limit that sets the maximum amount of time a person has to file a legal claim or lawsuit. In New York, the statute of limitations for personal injury claims arising from car accidents is three years from the date of the accident. This means that if you are injured in a car accident in New York, you have three years from the date of the accident to file a lawsuit seeking compensation for your injuries. It is important to understand that the statute of limitations is a strict deadline, and if you miss this deadline, you may be barred from pursuing a legal claim or lawsuit. Therefore, if you are considering pursuing legal action for injuries sustained in a car accident, it is important to act promptly and consult with an experienced personal injury attorney as soon as possible. If you are unsure about your legal rights or the deadlines that apply to your case, it is recommended that you consult with an experienced personal injury attorney who can guide you through the process. Hit-and-run accidents A hit-and-run accident occurs when a driver hits another vehicle, pedestrian, or property, and then leaves the scene without stopping to provide their information or render aid. In New York, it is illegal to leave the scene of an accident without stopping to provide your information or render aid, regardless of whether or not you were at fault for the accident. If you are involved in an accident in New York, you are required to stop and provide your name, address, and insurance information to the other parties involved, as well as to the police if they arrive at the scene. If a driver fails to stop and provide their information or render aid after an accident, they can face serious legal consequences. In New York, leaving the scene of an accident that causes property damage is considered a traffic infraction, while leaving the scene of an accident that causes injury or death is considered a misdemeanor or a felony, depending on the circumstances. If you are the victim of a hit-and-run accident in New York, it is important to report the accident to the police as soon as possible. The police can investigate the accident and attempt to identify the driver who fled the scene. If the driver is identified, they can be held accountable for their actions and you may be able to pursue legal action to recover compensation for your injuries and damages. If the driver who caused the hit-and-run accident is not identified, you may still be able to recover compensation through your own insurance company. In New York, all drivers are required to carry uninsured motorist coverage, which can provide coverage in the event of a hit-and-run accident or an accident with an uninsured driver. Cell phone use In New York, it is illegal to use a handheld electronic device while driving, which includes talking on a cell phone, texting, emailing, browsing the internet, or using any other electronic device. This law is commonly known as the "texting while driving" law, but it actually applies to any use of a handheld electronic device while driving, even if it's just to make a phone call. The law is designed to reduce distracted driving, which is a leading cause of car accidents in New York and across the United States. Distracted driving can be caused by a variety of factors, including cell phone use, eating or drinking while driving, grooming, or interacting with passengers. If you are involved in a car accident in New York and the other driver was using a cell phone at the time of the accident, this may be evidence of negligence on their part. An experienced personal injury attorney can help you investigate the circumstances of the accident and determine whether cell phone use played a role in the crash. Child safety Child safety is a crucial aspect of car accidents because children are among the most vulnerable passengers in a vehicle. In New York, there are specific laws and guidelines that apply to child safety in cars to help reduce the risk of injuries and fatalities. Here are some key points to keep in mind regarding child safety in cars: Car seats: New York law requires that children under the age of four rides in a car seat that is properly installed and secured in the back seat of the vehicle. Children between the ages of four and eight must ride in a booster seat and children who are at least eight years old or who are taller than 4 feet 9 inches can ride in a regular seatbelt. Rear-facing car seats: It is recommended that children ride in a rear-facing car seat until they reach the age of two or until they reach the highest weight or height allowed by the car seat manufacturer. Seatbelt use: All passengers in a vehicle are required to wear a seatbelt in New York, regardless of their age. Children who have outgrown their car seats or booster seats must use a regular seatbelt that fits properly. Airbags: Children who are under the age of 13 should not ride in the front seat of a vehicle equipped with a passenger-side airbag, as the airbag can cause serious injuries in the event of an accident. Check for recalls: It is important to check for any recalls on car seats and booster seats and make sure they are properly installed and used according to the manufacturer's instructions. In addition to following these guidelines, it is important to always be aware of your child's safety in the car and take precautions to reduce the risk of injury in the event of an accident. For example, you can make sure that heavy items are properly secured in the vehicle to prevent them from becoming projectiles in the event of a crash. If you are involved in a car accident in New York and your child is injured, it is important to seek medical attention as soon as possible. It is important to note that these are just a few of the key New York car accident laws, and the specific circumstances of an accident can affect how these laws are applied. If you are involved in a car accident in New York, contact Miller, Montiel, & Strano, P.C. to schedule a free consultation. Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.