In New York the vehicle and traffic law grants bicyclists all of the rights of the road applicable to motorists. NYS Vehicle and Traffic law section 1231. The law requires that bicyclists ride with traffic. NYS Vehicle and Traffic law section 1234(a). However, even if a bicyclist rides against traffic, the motorist must still avoid impact with [...]
When a dump truck causes a crash, the injuries are often devastating. When a fully loaded dump truck, weighing in excess of 20,000 pounds, was traveling eastbound on NY State Route 43, and rear ended a stopped vehicle, it propelled the vehicle into Gary’s lane. Gary was driving with his dog when he was suddenly [...]
The Duty of Care for Motor Vehicle Operators: Ensuring Roadway Safety for Pedestrians and People in Wheelchairs Motor vehicle operators have a fundamental duty of care to operate their vehicles safely and responsibly. This duty extends not only to other motorists but also to vulnerable road users, including pedestrians, and individuals using wheelchairs. New York [...]
While working on a construction site, Mr. G’s foot was run over by a piece of heavy equipment causing him to fracture a bone in his foot into multiple fragments (comminuted fracture of the first metatarsal). This foot injury required multiple surgeries to repair, caused Mr. G to miss over 1 year of work, and [...]
In New York State, a property owner must use reasonable care to keep their property in a reasonably safe condition. If a property owner creates a dangerous condition on the property or knows about a dangerous condition or should know about a dangerous condition because it can be learned through reasonable inspection, and the property [...]
On the morning of June 6, 2020, Karla was walking westbound at the intersection of Windsor Drive and Sand Creek Road in the town of Colonie, NY. She was in the crosswalk when she was struck by a car. The driver, who was working for a company, said the sun was in his eyes and [...]
Is there a time limit to file a lawsuit in an injury case in New York State? Yes, there is a time limit to filing a personal injury case in New York. It is commonly known as the statute of limitations. What is the time limit for filing a lawsuit in personal injury cases? In [...]
Can I bring a lawsuit for injuries caused by an ATV accident? Yes, if you have been injured in an All-Terrain Vehicle (ATV) accident, you can bring a lawsuit for the injuries you have suffered due to the ATV operator’s negligence. What are the legal requirements to operate an ATV in New York? Just like [...]
I was seriously hurt while in a rideshare such as Uber or Lyft; can I file a lawsuit for my injuries? Yes, if you were injured as a passenger in a rideshare vehicle such as Uber or Lyft, you may have the right to seek compensation. New York is a no-fault insurance state which means [...]
If I am Injured in a Work Zone by a Distracted Driver, Can I Bring a Lawsuit for My Pain and Suffering? Work Zone areas are popping up everywhere! The National Highway Traffic Safety Administration (NHTSA) and the Fatality Analysis Reporting System (FARS) are determining that in 2023, while the overall number of work zone [...]
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