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One-third fatal accidents are because of excessive speeding as per data accumulated by the Insurance Institute for Highway Safety. Excessive speeding is something that may be indulged by motorists of all ages, but it is usually the young people that are more at risk of driving fast or being involved in speeding accidents. Drivers that endanger others by not obeying traffic laws and speeding should be held accountable.

Speed limits are established by the authorities to ensure that everyone is safe on the roads, including pedestrians and other drivers. Motorists that resort to aggressive driving place everybody, including themselves, at risk.

Common injuries from excessive speeding accidents include:

  • Fractures
  • Concussions
  • Whiplash
  • Back injuries
  • Neck and spinal cord injuries
  • Traumatic brain injuries
  • Bruises and lacerations
  • Wrongful death

Psychology behind Speeding

Speeding is one of the easiest traffic violations to commit. There are many drivers who indulge in driving too fast. Unfortunately, speeding can quickly develop into a habit and can be difficult to break. This leads to drivers not noticing that they are traveling at an unsafe rate for given road conditions when distracted.

There are various reasons that compel drivers to speed. However, the more common ones are:

  • Staunch belief that a police car will not pull them over
  • Distracted driving
  • Rushed driving
  • Blatant disrespect for the law
  • Habitual to over speeding
  • Road rage
  • Lateness

While there are explanations for such actions, it cannot be ignored that negligent behavior behind the wheel frequently leads to accidents. Accidents that take place at high speeds tend to cause greater destruction of property and physical injury. This is because of the increased force at which the automobile collides with another object or person.

Common Types of Speeding Accidents in New York

Accidents caused by excessive speeding can be of various types. Few of the more common ones are:

  • Speeding: Each year, there are more than 30,000 car accidents that result in fatalities. Excessive speed is the chief cause in at least a third of them. Drivers that disregard established speed limits place everyone around them at serious risk of injury or death.
  • Driving faster than weather conditions permit: Motorists are required to pay attention to road conditions and adjust their vehicle speed accordingly. Preventable accidents tend to occur when drivers ignore ice, snow, rain, fog, or other weather conditions.
  • Driving fast in rush traffic: Aggressive or reckless drivers tend to drive fast because they are frustrated by traffic congestion or are in a hurry. These drivers can cause serious injuries when they fail to lower speed according to traffic conditions.
  • Rash driving: Racing, tailgating, or driving a vehicle aggressively puts everyone on the road at risk of injury. Aggressive motorists who race or follow too closely can cause accidents that result in death or severe injury.

Establishing Blame in a Speeding Accident

Evidence is gathered during the investigation phase of an accident. This can help prove that the cause of accident was in fact speeding by the other driver. The following types of evidence can be used to prove the other party was careless and speeding.

  • Black Box Data/Event Data Recorders (EDR): All passenger vehicles manufactured after 2014 come with event data recorders or black box recorders. EDR is equipped to store at least five seconds of data right before a collision or impact. This includes vital information like engine RPM, vehicle speed, seatbelt usage, and brake application.
  • Witnesses: Witnesses can be critical to proving the way the accident unfolded. While the average eyewitness cannot identify the exact speed at which a car is traveling, they can easily tell when the driver is driving unsafely or exceeding beyond prescribed speed limits. Witnesses are also helpful in providing additional information regarding the accident that can better determine fault.
  • Physical Evidence: This may include skid marks on the road, video camera footage, and the physical damage on vehicles and other objects. It is important that photographs be taken as soon as possible of the accident site to determine how the vehicles ended up and how far the debris got scattered at the collision site. Accident reconstructionists or traffic forensic experts can use these photos and videos to recreate the accident successfully in order to determine whether the accident was caused due to speeding.
  • Police Report: You should call 911 immediately after a car accident and file a police report. This report can come in very useful when you file a claim since it documents all details of the accident, the vehicle and people involved, and any witness information. Generally, police reports also contain a diagram of the accident scene.

You or your loved ones may be entitled to compensation for the damages suffered as a result of an automobile accident caused by speeding. You can improve your case with careful investigation, evidence preservation and reporting the accident. You need help from an experienced and capable team of speeding accident attorneys in New York to get this done.

Not Driving As Per Road and Weather Conditions

Driving over established speed limits is not the only type of fatal speeding accidents. A report by the National Highway Traffic Safety Administration (NHTSA) reported that while 55% speeding related accidents were because of driving over posted limits, 45% were due to driving at unsafe speed levels given the current weather and road conditions.

Motorists are expected to account for reduced visibility and slippery road conditions when there is bad weather, such as ice, fog, snow or rain among other things. Likewise, careful or reasonable drivers would adjust their speed to a safer level in heavy traffic situations or conditions that are dangerous.

Excess speed increases the chances of a crash when drivers exceed posted limits or fail to maintain safe speed levels. This is because of several reasons, including:

  • Reduced reaction time
  • Longer stopping distances after employing brakes
  • Reduced vehicular control because of increased momentum

Compensation for Speeding Accidents

At Rosenberg, Minc, Falkoff & Wolff, LLP in New York, we have a proven approach to thoroughly investigate every traffic accident claim handled by us with the assumption that the case was going to trial. In some instances, we also work with traffic accident reconstruction experts to attain an in-depth analysis of the events as they unfolded from an independent view point. This allows us to build stronger claims and negotiate better.

While ascertaining a fair compensation figure we will calculate the loss of income borne by you as well as all your present and future medical bills because of the accident. In case you suffered a disabling injury which has led to permanent or temporary limitations on your work and income earning abilities, we will use a life planner to calculate a fair and accurate compensation amount.

We will need to review the unique specifications of your particular accident to calculate the value of your vehicle accident injury claim since every accident is different. We will not stop until we analyze all aspects of your accident and apply our experienced perspective from handling similar speeding cases to determine the kind of compensation you should seek.

The effort we put into determining the amount of an injury claim prevents insurance companies from taking advantage of you as a victim with low settlement offers. This is one of the major reasons why you should have an attorney represent your interests after a serious accident. At the same time, you should beware of any law firm that guarantees to win you a specified sum of compensation for the injuries sustained.

Let Your Attorney Speak to Insurance Companies

Our speeding accident lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP in New York will aggressively represent you in dealing with the insurance company of the at-fault driver. It is important that you never give a statement to any representative of the insurance company without consulting with your attorney first.

You can count on us to advocate your best interests and not the other driver’s insurance company. We are here to represent injured individuals and always place their interests first, rather than insurance companies. We will aggressively negotiate on your behalf with the help of all the evidence we gather.

Typically, there are several offers and counter-offers made before a negotiation is settled. As your legal representatives, we will consult each offer with you and offer advice on whether it is fair or not.

Hire a Speeding Accident Attorney in New York to Protect Your Interests

Allow the attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP to help you if you were involved in a car accident because another driver was speeding. The most important step to take after an accident is to get the medical attention you need and then to consult with a skilled and experienced personal injury lawyer.

Having a qualified legal professional take care of your interests when you deal with insurance settlements can make a world of difference to securing a fair amount. This includes compensation for lost earnings, medical bills, emotional trauma, and so much more. Get in touch with the speeding accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP by calling at (800) 660-2264.

The planning, building, and maintenance of roads all over New York is the responsibility of the State of New York and its various municipalities. Whenever an accident or injury is caused directly because of design flaws, poor construction, and inadequate maintenance, the government body overseeing these activities can be held accountable.

Roads that are designed with safety, built with integrity, and maintained with care are a right for every driver. It is unfortunate that government bodies like the New York State Thruway Authority sometimes derelict their duties to properly maintain roads, repair hazardous sections, and fix roads with defects. People in New York incur hundreds of millions of dollars in expenses as medical costs and vehicle repairs arising from these accidents annually.

How Do You Define A Road Defect?

Road defects directly or indirectly cause more traffic deaths than other conditions, according to the experts. Problems like speeding, not wearing a seatbelt, and driving under the influence, therefore, all contribute less to the death toll than the fatalities occurring from road defects.

Some of the common road defects that can contribute to less than ideal driving conditions include:

  • Road debris and objects that are not removed timely
  • Lack of adequate lighting
  • Not enough median barriers or correction zones
  • Dearth or malfunction of signals and warning signs
  • Authorities failing to post warning signs
  • Missing or inadequate guardrails
  • Rainwater accumulation
  • Large cave-ins or cracks in the road
  • Ill-designed or ill-marked intersections
  • Potholes
  • Sloping shoulders
  • Badly designed roads
  • Roads with unclear lane lines that need repainting
  • Roads with uneven pavement
  • Places with overgrown shrubs and trees that impact proper vision

Burden Of Proof for Recovering Compensation After An Injury

Lawsuits or personal injury claims filed against government bodies entail a higher burden of proof than usual personal injury cases, owing to the special immunity these bodies enjoy. Establishing the presence of a hazard is not enough. You need to either prove that the road design itself was flawed and lacked the adequate safety measures before construction, or that the government body was well-aware of the dangers and had enough time to fix things before the crash.

In most cases, the decisive factors in these cases include establishing proof that the government entity had prior knowledge of the hazard, or determining the length of time the hazard has posed a threat to drivers. As an example, the Pothole law in New York City mandates written notice of a minimum of 15 days about a pothole before it can be cited as a cause for damage or injuries. If your injuries occur on the 16th day or later and your lawyer unearths the complaint, only then would the liability lie with the government body tasked with repairing the road.

Usually, in cases involving road hazards, the key element is solid evidence that clearly establishes negligence and liability. Meeting the high standards of proof requires demonstrating that the liable party had prior knowledge of the hazard, arranging for experts to testify, and collecting and storing evidence. This evidence usually includes:

  • Photos of the road hazard
  • Photos from the accident scene
  • Previous reports regarding the hazard
  • Police reports about the accident
  • Reports related to prior accidents in the same place
  • Eyewitness testimony and expert testimony

Who Can Be Held Responsible For A Road Defect Accident?

Filing a claim against the wrong entity can be grounds for the state of New York to dismiss the case with prejudice. This closes the door on you being able to file another claim regarding this matter even in the future. Therefore, it is important to ensure that you file against the correct entity. An experienced New York road defect accident lawyer can help accomplish this.

It is not always easy to establish a clear cause behind a car accident. An accident that seems to have been caused by driver error may well have actually been caused by a road defect. Relevant municipalities have the responsibility to correct such defects with regular inspection, maintenance, and repair.

A municipality can be held legally responsible for a road defect accident if it had prior knowledge about it but failed to make timely repairs. This can happen even in cases where other factors contributed to the accident if the road defect had any role to play in it.

It is required to prove beyond doubt that New York State or the concerned municipality had a previous notice about the defect. Claims concerning road defects usually need to prove prior awareness of the responsible party and demonstrating the duration of the dangerous road conditions. The longer the dangers have been present, the stronger your case can be.

Some of the prime requirements to have a strong case for recovering compensation after a road defect accident can include:

  • Proof establishing the role of the road defect in a personal injury.
  • Information relating to the government body managing the roadway. This can be New York State, a county, or a local municipality.
  • Evidence of prior knowledge of the defect and adequate time to repair it on the part of the government body. A previously written complaint can be used as proof.

Common Challenges Concerning Defective Road Accidents

The government can be held liable for accidents and injuries resulting from dangerous or badly maintained roads. However, a legal claim against the city or state is markedly different from a legal claim against a private citizen. You need to follow certain rules while bringing a personal injury claim against a government entity. Here are a few things to keep in mind.

1. Properly research your right to bring a claim.The Court of Claims Act can waive the immunity from liability enjoyed by the government in New York. This means that you can bring a lawsuit against them exactly like you could bring one against a private citizen if their negligence results in a personal injury.

This waiver is usually applicable to local governments and the City of New York. However, there can be exceptions to this waiver. The best way to determine your course of action would be to consult a reputed personal injury lawyer.

2. File a notice of claim.As opposed to suing private citizens, you are required to provide prior notification before filing a lawsuit against a government entity. This provides the agency with information about your grievance and time to respond.

The agency in question can either accept your claim, thereby assuming responsibility and offering compensation, or deny it. In the event of a denial, you can then file a formal lawsuit. The New York City Comptroller’s office outlines the norms for filing claim notices and you should file your notice in all haste after the accident.

3. Do not waste time. Unlike usual statutes of limitation, claims against the government come with a much shorter time limit. In New York, a notice of claim relating to personal injury needs to be filed no later than 90 days from the incident.

The time limit and the added complications can add to the challenge of bringing a personal injury lawsuit against government entities on account of a road defect accident. This is why it is important to get in touch with a competent attorney as soon as you can.

For road defect accident victims with injuries, it is important to ensure that their claim is valid and in compliance with the strict guidelines. Attorneys with substantial experience in this area of the law from a reputed law firm like Rosenberg, Minc, Falkoff & Wolff, LLP can be a great help.

New York Rules in Road Design Cases

In cases that involve highway safety issues and design defects, the rule states that the road only requires to comply with the standards of engineering and design prevalent when it was built. However, this rule has two exceptions:

  • In the event of a major repair or reconstruction project, the government entity overseeing the project might be required to also make upgrades to the design to conform to current design standards and best practices
  • If the road or highway in question has a history of road accidents, the government entity controlling it might be required to upgrade the design to the latest safety standards

Working with trusted New York attorneys well-versed with all the nuances of these laws and rules can be decisive for your successful claim for damages.

Contact Our Seasoned Personal Injury Law Firm in New York

Every defective road accident has unique elements that need careful handling. If you have had an accident fully or partly caused by road design or maintenance issues, consult one of our capable attorneys here at Rosenberg, Minc, Falkoff & Wolff, LLP in New York.

We have vast experience dealing with car accident cases against government bodies that were caused by road defects. The government can be a difficult defendant and we can give you the right legal support you need to win your rightful compensation. Get in touch with us using our online contact form or call us at (347) 504-1246 to start a consultation.

When you are on the road, you want to take the best possible precautions to keep yourself and others safe. But accidents still do happen, and road safety is not always in your own hands. How other people behave on the road also factors into your safety. Some careless drivers on the road may not think twice before putting another in danger. This particularly includes individuals who think drinking and driving is acceptable. A driver operating a car under the influence of alcohol isn’t just dangerous, it is also illegal. Alcohol content in the blood can alter motor skills and cognitive abilities of a person. It is possible that a drunk driver may react more slowly and differently that could result in an accident. This is a clear example of negligence and one that can be avoided. The New York City drunk driving injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP are dedicated to helping victims seek the compensation they deserve so as to cover their damages from an accident.

Read more: Proving Drunk Driving will Strengthen Your New York Personal Injury Lawsuit

One of the most common causes for serious personal injuries and deaths in the United States is motor vehicle accidents. Unfortunately, automobile accidents are still quite common and rampant despite the significant improvements in safety of cars and advancements made in automotive technology. In fact, vehicle accident lawsuits and claims are among the most common civil tort cases filed by lawyers today. However, it’s crucial to understand that every vehicle crash does not warrant litigation. No-fault laws of New York come into force when injuries sustained are not considered serious or there are no injuries at all. These laws are responsible for governing injury claims and restricting recovery. In addition, serious injuries as a result of car accidents tend to have better chances of obtaining successful recoveries. Car accidents are that class of tort cases, which in most part, are derived from the basic tort principles amounting to negligence. In general, negligence is a term used to describe the lack of ordinary care. It can be better explained as the failure to use a degree of reasonable care which any prudent person would exercise in similar circumstances. Negligence may constitute the failure to perform an act that any other reasonably prudent person would do under similar circumstances. It may also occur from doing an act that any other prudent person would refrain from doing under similar circumstances.

Read more: How to Prove Your Case for Personal Injury Damages in a New York Car Accident?

Distracted car drivers cause over a thousand injuries each day on an average in the United States. There have been approximately 400,000 instances of distracted driving per year since 2015 that have resulted in injuries. The National Highway Traffic Safety Administration released a report, according to which 20% of all car accidents are the direct result of distracted driving. Distracted driving involves all actions that take away a car driver’s attention from the road. These drivers significantly increase the risk of car accidents and injuries while focusing on non-driving activities.

Statistics Regarding Distracted Driving

Distracted driving has been around ever since automobiles have been on the roads. Drivers have always felt tempted to adopt novel ways of combating the sheer boredom or monotony associated with driving. Complacency can easily set in when any length of time is spent sitting in the driver’s seat. The danger begins when people grow increasingly comfortable on the driver’s seat. This is when they tend to succumb to diversions. But, distracted or negligent driving is not acceptable as a cure for road boredom. These are a few shocking figures regarding distracted driving in the United States:

Read more: Don’t Ignore Distracted Driving if a Negligent Car Driver Injured You in New York


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