When someone gets behind the wheel after having too much to drink, they have already established they don’t care about breaking the rules or putting themselves at risk. You might also learn after a crash caused by a drunk driver that they don’t have insurance on their vehicle or that they have a very low amount of coverage that falls far short of the cost they created.
People who live irresponsible lifestyles may also have low income or few personal assets, meaning that you may not be in a position to recover your losses by taking the drunk driver themselves to court. Sometimes, those negatively affected by an intoxicated driver can bring a claim against not the driver but rather the bar or restaurant that served that individual alcohol prior to the crash.
Might that be an option in your case?
What New York law permits
Under a dram shop liability claim, you can hold a business responsible for improper alcohol service. So long as an employee at an establishment licensed to dispense alcohol breaks the laws limiting such service, people negatively affected may have grounds for claims against the company.
Any business that sells or serves alcohol to a minor could have legal liability if that underage patron causes a crash later. New York law also prohibits the sale of alcohol to someone who is already visibly intoxicated. If someone asks for one more for the road when they can barely stand up, the wait staff should tell them no instead of allowing them to become even more intoxicated.
When a business violates alcohol laws and sells to someone they should not, they have liability if that patron ends up causing a crash.
How do dram shop claims work?
When you confirm your suspicions that the drunk driver who hit you had too much to drink at a local restaurant, you may be able to bring a claim against that business’s liability insurance. In some cases, you may end up going to court. You can expect that a business owner or their insurance company will aggressively try to counter or negotiate claims of dram shop liability, so you will need to prepare to advocate for yourself.
Learning more about the laws that protect you when a drunk driver hurts you can help you get compensation for those losses in court.
When you’re injured in an auto collision, one thing that can help you get compensated is car insurance. The amount of coverage a person has may influence the total compensation you can get from the auto insurance provider, which is something to keep in mind.
That said, if your injuries are serious after a car crash and the amount of compensation you need extends past what the auto insurance provider can pay out, you may be able to pursue other avenues of compensation.
What can you do to get compensated after an auto accident?
The first thing to do is to remember that you can seek compensation from the auto insurer right away after a crash. You may be able to ask for money to cover your medical bills, past and future lost wages and other losses. You can also seek compensation for pain and suffering and other damages that aren’t necessarily easy to put a price on.
If the other party’s auto insurance has a limit, then you may only be able to claim up to that limit. Then, if you would like to pursue further compensation, you would potentially need to start a personal injury lawsuit against the at-fault driver.
Other ways that you may be able to get your care and financial needs covered include through your own insurance provider, through your or the at-fault driver’s employer when the crash happens while working, or through other third parties who were involved in the crash.
You will need to calculate your accident damages
To get all the compensation you want, you will need to collect enough supporting documentation for your actual losses as well as pain and suffering. You will need to provide information on:
- Your current medical bills and receipts
- Past, current and future lost wages
- Future medical treatment
- The pain and suffering you have gone through
Providing good documentation and support for these four topics will help you maximize your claim.
Remember, if the insurance agency tries to settle with you for less than you think you deserve, you don’t have to accept the offer. It’s possible to push for more and to fight for the compensation that is fair under the circumstances.
How big of a risk are uninsured drivers in New York?
Driving is a dangerous activity. One person assumes control over a piece of machinery that weighs thousands of pounds. That machine is capable of killing people, demolishing other vehicles or causing substantial damage to property.
The average person doesn’t have the savings or the income to reimburse other people if they cause a major wreck, which is why New York requires that drivers obtain motor vehicle liability insurance. A driver’s policy primarily protects them from liability, meaning it will cover the losses that another driver incurs.
If you get into a crash with a driver who doesn’t have insurance, you could have a lot of unpaid vehicle repair and medical bills. How likely are you to encounter an uninsured driver in New York?
Most drivers in New York follow the law
Maybe it’s because the state has strict consequences for driving without insurance, or perhaps it is a side effect of the stereotype that New Yorkers are aggressive drivers. Whatever the cause, more drivers in New York than most other places consistently maintain insurance on their vehicles.
Overall, New York has a relatively low rate of uninsured drivers. Only an estimated 4.1% of drivers on the New York roads are uninsured, based on 2019 data. However, that’s still a one in 25 chance that the driver who hits you won’t have an active insurance policy on their vehicle.
What happens after a crash with a driver who doesn’t have liability coverage?
There are many things that can go wrong if you get into a wreck with an uninsured driver. One of the biggest issues is the possibility that they will just speed off from the scene of the crash, trying to avoid responsibility for the wreck they cause.
Even if they stop and sheepishly admit that they don’t have insurance, you will be the one scrambling to protect yourself because of their negligence. Thankfully, New York requires that every driver carry no-fault personal injury protection coverage in addition to liability protection. You can make a claim against your own no-fault coverage after a wreck caused by an uninsured driver. You can also review the situation closely to determine if their contributions to the wreck justify a personal injury lawsuit.
Knowing how your insurance works and handling the claim properly will help you reduce your financial losses after a New York car crash.
In a perfect world, your careful driving habits would allow you to avoid any and every motor vehicle collision. Unfortunately, that is not a particularly realistic goal for someone to set.
Instead, it may be better to focus on reducing your risk for the worst kinds of crashes. Few people would argue with the idea that a commercial truck crash is far more serious than a typical motor vehicle collision. Avoiding a wreck with a big rig could save your life.
Thankfully, there are actually two simple traffic rules that could notably decrease your risk of a collision with a big commercial truck.
Learn about and respect their blind spots
Big commercial trucks have big blind spots, and those blind spots can drastically increase your risk of a wreck. A trucker can’t consider the safety of a vehicle that they don’t see.
A commercial driver will have a hard time seeing someone directly to either side of their trailer, including two lanes to the right of their trailer. They will also struggle to see a vehicle directly behind the vehicle.
Being aware of those blind spots and trying to avoid driving in them when at all possible will decrease the likelihood that a truck driver will turn or merge without noticing your vehicle there. As a general rule, it is usually best to try to see the driver’s face in their mirrors. If you cannot see their face, then the chances are good that they cannot see you.
Be careful about how you merge in front of a big truck
A commercial driver operating a semitruck will definitely be able to see you if you merge right in front of them, but that doesn’t mean that they can stop in time to avoid hitting you. Commercial trucks take longer than smaller vehicles to adjust their speed or come to a complete stop.
When you merge in front of a commercial truck, you want to give twice as much space between the back of your vehicle and the front of yours as you would when passing a smaller vehicle. It is also important that you make sure you are going as fast as the commercial vehicle, if not faster, to avoid accidentally contributing to a rear-end crash that could turn into an override crash.
Committing to better driving habits may help you avoid getting hurt in a commercial vehicle wreck.
4 Ways for Pedestrians to Protect their Safety
Whether you head down the street to stop at a local store or go a greater distance, walking can be a great way to spend time outside and get exercise. However, if negligent drivers are on the road, pedestrians may also find themselves at risk of serious injury. What steps can pedestrians take to protect themselves?
1. Stay alert.
As a pedestrian, your safety often depends on your ability to see dangerous situations and respond quickly. Limiting distractions is an essential way to maintain that focus. This includes avoiding smart phone use while walking and not using headphones.
2. Avoid walking under the influence of alcohol or drugs.
While removing distractions, it is also important for pedestrians to avoid alcohol or drug usage. While walking after an evening of drinking with friends may be safer than driving home, one in every three fatal pedestrian crashes involves pedestrians with higher blood alcohol concentration. Alcohol can significantly limit your ability to respond to irresponsible drivers, tripping hazards and other dangers.
3. Use sidewalks and crosswalks wherever they are available.
Sidewalks and crosswalks are intended to make walking safer for pedestrians, and it is important for people to take advantage of these precautions while walking. Generally, these areas are farther away from traffic and well-lit, making it easier for drivers to maintain a safe distance from pedestrians.
4. Take steps to make yourself more visible.
Just as bicyclists rely on reflectors to make their bike more visible, pedestrians should take steps to make themselves easier for drivers to see. This can include wearing bright clothing during daylight. If you walk at night, you may also want to walk primarily through well-lit areas, wear reflective materials, carry a flashlight or use other safety precautions to keep yourself visible in the dark.
By taking precautions, pedestrians can keep themselves safe while walking.
The dangers SUVs pose to pedestrians
The average car is much larger than the average person walking, biking or jogging on a New York road. Therefore, a pedestrian is likely going to experience significant injuries if struck by a vehicle. However, those injuries may be especially severe if that person is hit by an SUV.
SUVs tend to be heavier than a typical car
As an SUV is heavier than a traditional passenger car, it will exert more force on a victim upon impact. This increases the risk that a person is thrown forward, which could increase the severity of his or her injuries, and it could also increase the risk of a pedestrian accident fatality.
A pedestrian may be hit twice in the same collision
As a general rule, an SUV is taller than a generic sedan or hatchback. Therefore, it is more likely to take a person’s legs out upon impact, and while that person is falling to the ground, he or she will likely be struck in the chest or pelvis area.
Drivers and pedestrians are both responsible for their own safety
If you drive an SUV, you’re encouraged to drive in a safe and responsible manner to minimize your risk of hitting a biker or jogger. This means that you should drive at speeds reasonable for road conditions, avoid distractions and constantly scan the road for signs that someone may try to cross the street.
If you’re a pedestrian, it’s in your best interest to avoid walking while distracted or while under the influence of drugs or alcohol. Furthermore, you can make yourself more visible by wearing reflective clothing at night.
Leading causes of vehicle accidents
Highway accidents happen far too often in the state of New York, and they occur for a wide variety of reasons. However, there are some common scenarios that include certain similar evidence when the accidents are the subject of lawsuits. It is true enough that human error is central to causing many collisions, and especially when driving at a high rate of speed. but certain practices by drivers make a major contribution.
Distracted driving
While distracted driving has largely been brought to public attention over cell phone usage contributing to serious highway collisions, the truth is that distracted driving has been around for a long time. Now that video devices for autos have also become popular, technological distractions have become even worse even with hands-free operation. Along with talking to other passengers in a vehicle while in transit, listening to audio devices at high volume or eating and drinking while driving has been a bad driving practice for decades. Attorneys in New York who represent victims of motor vehicle accidents have witnessed this for a long time.
Driving under the influence
Mothers Against Drunk Drivers was the primary catalyst behind awareness of impaired driving several decades ago. There was no set standard for many years regarding level of intoxication, and prosecutors were allowed to negotiate plea agreements in serious cases where the court intended to prosecute harshly. This is no longer the case, but even strict application of the .08 BAC intoxication level has still resulted in many deadly accidents annually. Mental clarity is still an issue in motor vehicle accidents.
Mechanical failure
Another issue that still creates problems on the highways is mechanical failure, Older vehicle models are naturally being removed from the roadways, but newer vehicles still experience mechanical dysfunctions such as flat tires or brake failure that can contribute significantly to accident causation. And, this is especially true in serious trucking accidents when tread breaks loose from a tire or a rim actually falls off while moving on the road.
Drowsy Truck Drivers Can Cause Accidents
Drowsy driving is a serious problem in New York and all over the country that occurs when a driver operates a vehicle without having gotten enough sleep beforehand. The combination of fatigue and driving can lead to terrible catastrophes. Approximately one in every 10 truck driving crashes is a result of the truck driver’s own actions and being negligent when it comes to their personal sleep health.
What does the National Highway Transportation Safety Administration say?
According to the National Highway Transportation Safety Administration, drowsiness and sleep deprivation is one of the leading causes of vehicular accidents. A study conducted by the NHTSA shows that 100,000 accidents are caused by drowsy drivers who doze off while they’re driving. Additionally, this study indicates that drowsy driving can cause upwards of 40,000 accident-related injuries and up to approximately 1,500 deaths each year.
Other studies
The Harvard School of Medicine conducted a separate study on the subject. The figures they pulled in for the study indicated that approximately 250,000 people fall asleep while driving, and about half of those people admit to driving while feeling tired. This is an especially relevant concern for truck drivers traveling long distances.
Other studies have shown that driving while drowsy is nearly identical to driving while under the influence of alcohol. This is demonstrated when an individual who has operated a vehicle for 17 or more hours makes similar driving mistakes that a driver would make with a blood alcohol content level of 0.08 or more.
Preventing drowsy driving
Fortunately, the solution to drowsy driving is relatively simple. Truck drivers can pull off to the side of the road and take a nap before they get to the next destination.
It’s tempting to keep driving to save time. However, saving time is not worth getting into motor vehicle accidents. If you have recently got into a car accident due to another person’s drowsiness, an attorney may be able to help you.
How can I recognize a dangerous driver?
Defensive driving is every driver’s responsibility. When other drivers choose to drive in a reckless or negligent manner, it is up to you to make sure you are staying safe on the road. The first step in staying safe in identifying the road’s potential threats is knowing what to look for.
Car accidents claim the lives of thousands of people every day. In the moments before an accident, there is little someone can do to change a reckless driver’s behavior, but it is possible to avoid them. What are the signs of a negligent driver?
Changes in speed
A driver who is not paying attention to the road is not able to effectively regulate their vehicle. This negligence results in a driver slowing or speeding erratically. This can result in other unaware drivers colliding with them, or the reckless driver realizing their mistake and overcorrecting and causing an accident.
Swerving
Like speed, the direction of a vehicle needs constant attention. If a driver takes even one of their hands off the wheel to try and grab something just out of reach, they may begin to pull on the wheel and drift out of their lane. A drifting driver can sideswipe another driver or wind up crashing off the road or into oncoming traffic.
Using a cell phone
An attentive driver should always be facing forward. If their head is turned toward their lap, there is a good chance they are looking at their phone, and they are certainly not focused on the road. It is easier to spot a driver using their phone at night when the glow from the screen lights up their face.
Aggression
When a driver is blaring their car horn, tailgating, and using wild hand gestures, you can bet they are suffering from road rage. When a driver blinds themselves in anger, they often cannot see anything else around them. It can be easy for an enraged driver to not even see cars immediately next to them.
What to do when you spot a dangerous driver
If you suspect someone is a reckless driver, do not speed past them. Your actions may startle them, and they may overreact and cause an accident. Allow them to gain considerable distance ahead of you, and stay cautious from your position.
Speeding-related Crashes All Too Prominent in 2018
Speeding-related crashes are not uncommon here in Richmond Hill, New York. Perhaps you were the victim of a speeding driver yourself and are suffering from the long-term effects of your injuries. Though this is a no-fault state, you could file a third-party insurance claim if the losses were serious enough. First, though, you may want to know just how many crashes are speeding-related and how they can be caused.
Speeding behind a quarter of traffic deaths
In 2018, speeding was the factor behind 26% of traffic fatalities, killing 9,378 people in all. Though this is down from 2010, when 32% of traffic deaths were speeding-related, the numbers are still tragically high. The term “speeding” means both exceeding the speed limit and driving too fast for road or weather conditions.
Going by age group, speeding drivers aged 15 to 20 were involved the most in fatal speeding-related crashes: 30% among men, and 18% among women. Coming after them were speeding drivers aged 21 to 24: 29% for men and 14% for women. In every age group, the percentage of men was higher. Percentages gradually declined with age. Among speeding drivers, 8% were men 75 and older, and 5% were women 75 and older.
Road conditions and alcohol as factors
Of all the fatal crashes in 2018 that occurred on dry roads, 16% involved speeding. However, of all fatal crashes that took place on roads with dirt, mud or gravel, 45% involved speeding. For incidents on frosty or icy roads, the percentage came to 41%. Also, alcohol abuse was influential with 42% of speeding drivers aged 25 to 44 found to have been alcohol-impaired.
What to do when filing an injury claim
If you’ve been hurt by a speeding driver, you may want to discuss your case with a personal injury lawyer. The attorney could determine how much you could potentially get in compensatory damages, which cover both economic and non-economic damages. You may even have the attorney negotiate on your behalf, litigating if the other side does not agree to the desired settlement amount.
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