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Side-impact, broadside or ‘T-bone’ accidents are the result of vehicles crashing head-on into the side of other vehicles, generally at an angle of 90-degrees. This causes the namesake T-shape accident. Side-impact car accidents are the cause of 10,000 deaths in the United States each year. This accounts for one-fourth of the total traffic fatalities in a given year in the country. Hundreds of these accident victims get severely injured.

There are several ways in which T-bone accidents take place. However, the most common is when drivers due to some reason fail to yield while crossing intersections and ram into each other. Side-impact accidents can cause more grievous injuries as compared to rear end collisions. In some cases, they are known to be more dangerous than head-on collisions.

The reason these types of crashes are so dangerous is because there are not many safety features on the side of a vehicle. This makes occupants vulnerable to death or catastrophic injuries when hit from the side. However, there are a few newer car models that come equipped with side airbags. Unfortunately, these airbags are not enough to withstand the deadly force of another car on their own. Also, majority of cars do not have side airbags at all. This means the occupants are at the mercy of the car door’s strength.

Safety Risks Associated with Side-impact Collisions

At least 496,000 people were injured and 6,354 died in 2017 because of side-impact collisions in the country according to the National Highway Traffic Safety Administration's Traffic Safety Facts Annual Report. This data claimed broadside accidents to be the leading cause of motor vehicle accident deaths.

These facts may be unpleasant, but they do make sense, especially when you consider the greater risk of fatality in side-impact collision. As per the Insurance Institute for Highway Safety (IIHS), which is responsible for conducting vehicular safety tests, it is important to protect occupants in a vehicle from T-bone crashes because the crumple space between the car and the occupant on the side is considerably less as compared to the rear or front of the vehicle.

Additionally, most cars do not have as many safety features as necessary to maintain the safety of occupants during T-bone accidents. Since 1998, federal law requires all vehicles to have frontal airbags. On the contrary, side airbags are relatively new and not mandated. While side airbags are now a standard in most new vehicles, it is not a guarantee that your car is equipped with it, especially if you drive an older model.

In any case, side airbags are not nearly sufficient enough to protect a vehicle’s occupants from accidents, even if they may be considered standard. According to an IIHS report about side-impact crash testing, automobiles need to combine side airbag protection with a strong structure to reduce the risk of injury to driver and passengers.

Broadside car accidents are known to cause devastating damage and injuries because a vehicle’s side offers next to no protection to those inside. The front of an oncoming vehicle is far more powerful as compared to the side of a car into which it rams. In addition, the odds of being struck by a large vehicle are more with the many trucks, vans, and SUVs on the road. This presents a truly greater danger to drivers of smaller vehicles.

Liability in Side-impact Collisions

Liability in a side-impact crash may seem straightforward. Obviously, the person that crashed into you is at fault. However, side-impact accidents can be complicated and that is usually not the case. New York follows comparative negligence law, which may require you to share liability for the crash, even though it was your automobile that got struck.

Few factors that exacerbate this complication are as follows:

  • Defective parts: It is possible that the car that hit you did not jump a red light due to negligent or reckless driving. It is possible that the driver attempted to stop but the brakes were not working as they should have. It is also possible that the driver failed to see you because your headlights were not working. Defective automobile can easily complicate liability since there are parties other than the driver that can be at fault for the crash.
  • Poorly maintained roads: The entity responsible for road maintenance can be at fault when the accident occurs because of the road condition, such as the tire was caught in a pothole, the car slipped on a patch of black ice, or any other reason.
  • Right of way/ traffic signals: The right of way is a strongly contested topic during accident liability discussions. Both parties feel they had the legal right of way. It can be difficult to prove fault when you claim the light was green or a protected green for your side of the traffic with the other driver arguing the light was green for them. Liability may not be clear if there is no evidence supporting the claims, such as proof of the traffic light's cycles or traffic camera footage.
  • Accident timing: It is possible for you to get T-boned by another motorist as they made a sharp turn. You may staunchly hold that you could not have prevented the accident since they suddenly cut in front of you while making the turn. It could be difficult to prove the at-fault party in such a situation.

Common Side-impact Accident Injuries

T-bone or broadside collisions can result in more serious injuries as compared to similar crashes in other parts of the car. When an automobile strikes the rear or the front of another vehicle, there is a large margin of crumple zone. The vehicle’s boot space, hatchback engine compartment and bed create a significant buffer zone. However, this buffer or crumple zone is really small on the side of a vehicle. Often, the space is no more than the width of the car door.

Occupants of side-impact accidents are at a higher risk of injury even with the addition of side airbags in vehicles. These are a few common injuries that can be caused in a side-impact crash:

1. Hip and Leg Injuries

Hip and leg injuries are common when the impact is at the bottom of the car’s door or close to it. As the car caves or bends under impact from the side crash, flying debris and force of the accident can cause penetrating injuries, lacerations, and broken bones. Crash injuries may occur in a severe accident causing significant damage to nerves, soft tissues, muscles and bones.

2. Abdominal and Chest Injuries

Center of the body can suffer significant damage in a side-impact crash because of relatively little protection. Injuries in the form of crushed ribs, broken bones, organ damage, such as heart, kidneys, liver, and punctured lungs can occur. Spleen injury is also fairly common in T-bone accidents and can have serious consequences.

3. Shoulder and Arm Injuries

Injuries to arms and shoulders are similar to the injuries that could affect the hips or legs. This includes dislocated joints, broken bones and crush injuries. Flying glass and other debris may cause severe lacerations on the arms. It is possible for the arm to get trapped, crushed, or pinned in some car body part as well.

4. Neck and Head Injuries

Whiplash during side-impact accidents is fairly common. Force of a side impact can cause the head and neck to painfully whip sideways, causing a serious neck sprain. Traumatic brain injury or a concussion may occur if the head collides with the car frame or door and suffers a blow. Cuts and lacerations on the head, face and neck may cause immediate injuries and lifelong scarring. It may also result in the loss of some organ, like ears or eyes.

5. Psychological Injuries

It is normal to experience traumatic responses after a traumatic experience. They are part of your self-defense mechanism and are your brain’s attempt to ensure that you survive the life-threatening episode. Unfortunately, the brain may not be able to return to equilibrium once the physical danger has passed. Symptoms of post-traumatic disorder, such as nightmares, flashbacks, depression, insomnia, mood swings, and anxiety are real medical conditions. Often, they can be treated with some help.

Find Experts to File Your Side-impact Accident Lawsuit

You have a greater chance of protecting yourself and your rights after a T-bone accident with the help of a personal injury attorney. Retain the services of Rosenberg, Minc, Falkoff & Wolff, LLP if you or a loved one has been injured in a side-impact collision. Our dedicated and experienced lawyers can help you understand your options better, know your rights, and advise on the best possible way to attain justice. We like to help our clients acquire the most compensation for their accident injuries at Rosenberg, Minc, Falkoff & Wolff, LLP. Our competent side-impact accident attorneys will assist you with your claim right away. It’s vital that you consult with an experienced personal injury attorney as soon as possible after an accident. Book a free consultation with one of our qualified attorneys by calling at (800) 660-2264.

Sideswiping accidents typically occur when a car driver makes a mistake in judging the distance between their car and other cars on the road or suddenly swerves into an adjacent lane. This can cause severe injuries and even result in death of someone. The Insurance Information Institute reported 940 fatal sideswipe accidents in 2016 alone, according to a study by the Department of Transportation, National Highway Traffic Safety Administration.

Understanding Sideswipe Car Accidents

According to the National Safety Commission (NSC), a sideswipe accident takes place when two vehicles traveling parallel to each other converge and collide.

In most cases, this happens as a consequence of:

  • Wandering from a lane due to distracted driving
  • Failing to properly merge or safely change lanes
  • Wavering from a lane due to impaired driving brought on by alcohol or drug use
  • Overcorrecting when confronted by a road hazard
  • Incorrectly judging the distance between vehicles

Sideswiping accidents are common and can occur anywhere at any moment. Every year, 242,000 such accidents happen in the United States, causing an average of 27,000 injuries and 2,500 deaths, according to the NSC.

Ascertaining Liability in a Sideswipe Accident

According to the Consolidated Vehicle and Traffic Law of New York, “A motor vehicle must be driven as far as possible entirely within a single lane and must not move from the lane until the driver has first determined that such movement can be safely made.”

This means that car drivers in New York are obligated to keep to their lanes unless they can practically deem it safe to change lanes. Drivers can change lanes dangerously either by accident or on purpose, because of factors like distractions, fatigue, and blind spots.

No matter what the reason may be, the driver who breaks from their lane would most likely be responsible for the sideswipe and would be liable for any resultant collision and damage. Due to the negligence of the driver, their insurance company may also be liable to reimburse ensuing costs and medical bills.

Have you or someone you care about faced a severe injury or death due to a sideswipe collision resulting from the negligence of another driver? If yes, you may have a strong case for compensation to cover your damages occurring from physical and mental trauma, lost wages, and medical bills.

Causes of Sideswipe Accidents in New York

While sideswipe accidents in New York can happen due to a variety of reasons, some of the most common factors include:

  • Drivers who fail to look and check the opposite lane before changing lanes
  • Aggressive swerving between lanes, which can be dangerous to motorists and pedestrians alike
  • Drivers not being able to properly merge while entering highways or interstates
  • Distractions like looking at an accident nearby and taking eyes off the road
  • Driver fatigue brought on by unreasonably long periods of driving
  • Impaired driving brought on by the influence of drugs or alcohol
  • Quick swerving to avoid another vehicle
  • Swerving to avoid a pothole
  • Mechanical failures in the steering mechanism of the car
  • Distractions due to texting or talking on the phone while driving
  • Eating during driving
  • Swerving to avoid objects or debris on the road

Sideswipe Accidents: Who is at Fault?

Determining fault in a sideswipe accident can be a complicated process. Some of the key factors may include the location of the vehicle within the road lines, their direction of travel, and where they end up on the road.

Statements from the involved drivers and nearby witnesses can be used to determine fault. If one driver was keeping to their lane while the other was crossing a lane divider or central lane, the latter would be held responsible for causing the accident.

In New York, liability is apportioned under the comparative fault statute. This can make each party partially liable for the accident. If you were 50% to blame for the accident, the chance to collect damages can disappear completely. If your fault is ascertained to be less than 50%, the degree to which the court decides you are at fault would proportionally reduce your damages.

For example, you are awarded $100,000 in damages in a sideswipe accident injury case. If the court decides that you are 30% responsible for the accident, your damages will decrease by 30% and you will end up receiving $70,000 as actual compensation for your personal injuries.

Commonly Occurring Injuries

A wide range of injuries, from minor to severe, can result from sideswipe accidents. These can include:

  • Back pain
  • Fractures
  • Neck and back injuries, including those involving paralysis
  • Brain trauma like concussions
  • Severed limbs
  • Death

While people do not usually die in sideswipe accidents, more than 32,000 people die annually in the United States due to car accidents. If you or someone you care about has fallen victim to a sideswipe collision, you would require skilled and experienced legal representation to navigate the process of personal injury claims.

What You Can Do After a Sideswipe Accident

These five steps can get you started:

  1. Immediately place a call to emergency services. Even if you seem unaffected by the accident, the details need to be properly documented. The police officers on the scene would interview you, other drivers involved in the accidents, and witnesses and bystanders. These details would then be mentioned in the police report.
  • Another way you can reliably document the accident is by taking detailed photos. Getting photos of the scene of the accident would help your attorney reconstruct the events that led to the accident. The photos can also help your case in court and help you out with the insurance companies.
  • It is important to seek medical evaluation in haste. As soon as you can after the accident, you should get yourself thoroughly checked by a medical professional. Even if you do not feel pain or see visual cues for damage, there might be internal injuries. A doctor can help ascertain the nature and extent of your injuries and this documented evidence can come in handy while seeking compensation.
  • You need to understand that insurance companies prioritize profits and not helping injured people. For this reason, always divert any attempted communication from insurance companies to your attorney. Even an absent-minded admission of fault can harm your case. Engage a personal injury lawyer immediately after the accident to handle communications with insurance companies.
  • To know if you are eligible to file a personal injury claim, appoint a veteran car accident attorney. A law firm experienced with auto accidents, like Rosenberg, Minc, Falkoff & Wolff, LLP,can provide important insight regarding how much compensation you can seek and how you can go about recovering it. You should not be obligated to pay the costs arising from your injuries if you have no fault in the accident. A reputed personal injury lawyer can help you maximize your compensation.

Damages that You Can Fight For

The first thing you should focus on if you or someone you care about has been injured in a sideswipe accident is recovery. It is a good idea to delegate the legal complexities and the search for just compensation to a reliable and aggressive attorney.

If you choose to work with us in these trying times, we can help you with:

  • All present and future medical bills
  • Costs related to rehabilitation
  • Compensation for lost wages now and in future
  • Damages related to pain, emotional distress, and other non-economic damages

A lot of times, clients do not realize the financial liability that even minor injuries can bring. Medical bills can quickly pile up and the insurance company representing the other involved party can use your need for quick money nefariously and lowball you with a settlement offer that would be unlikely to cover your medical expenses.

While your settlement might come in handy at present, it might not be enough to cover future costs. We, at Rosenberg, Minc, Falkoff & Wolff, LLP can advise you regarding the right settlement offer to sign using our vast experience dealing with similar cases.

Benefit from Our Skills and Expertise

There can be severe consequences resulting from sideswipe accidents, especially if the vehicles involved are at high speeds. New York law gives you the ability to seek compensation from the party responsible for causing you injury from a sideswiping collision.

If you or someone you care about has sustained an injury in a sideswipe collision, the best foot forward would be to get in touch with a skilled and experienced lawyer who is well-versed in the legal nuances of personal injury cases and the medical issues resulting from car accidents.

At Rosenberg, Minc, Falkoff & Wolff, LLP, we rely on a deep understanding of these nuances to help you obtain maximum compensation and the promise of a new life if you are a sideswipe accident victims in New York. Until we help you get the compensation you deserve, you do not need to pay us anything. You can schedule your appointment with our dedicated personal injury attorneys by using our online contact form or calling us at (800) 660-2264.

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


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