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Category: Motor Vehicle Accidents

Injured in an accident? We can help. From car accidents, workers’ comp claims, construction accidents to medical malpractice and police misconduct, we have you covered. Check out our blog for helpful tips and examples of claims, including many related to motor vehicle accidents.

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Common Causes Of Vehicle Accidents

Vehicle accidents happen across the world and there are several reasons why they take place. Each one is going to be unique but several patterns start to develop.

There are specific causes that are going to pop up from time to time.

Here are some of the most common causes of vehicle accidents:

1. Speeding

There are speed limits on the road for a reason. Unfortunately, some drivers ignore these limits and tend to drive faster than is reasonable and prudent. Some drivers even go as much as double the posted speed, posing a great risk to other drivers. When this happens, the fast driver isn’t going to have the same control as they would if they were driving at the speed limit. It is also common for the other drivers on the road to compensate for a reckless driver. This means they may end up changing lanes to get away from the careless person, or slowing down. When someone is driving too fast, they will not have the same reaction time to stop, maneuver, or avoid an impending accident.

2. Distracted Driving

Due to the invention of cellphones, it has become more and more common for drivers to get distracted. They will look down at their phone while driving and that is all it takes for someone to lose focus. Most accidents occur because of a lack of attention to the road, this can include eating, drinking, adjusting the radio, or navigation system. Although phones are one of the leading causes of distracted type accidents, they are not the only source.

3. Fatigue

Many drivers will drive home after a long day at work or they may wake up early to get somewhere while still tired. This causes their reflexes to slow down and it becomes much harder to pay attention to the road. They may begin to nod off and that fatigue is what causes an accident. Even if the driver is paying attention to the road, they may not have the ability to react quickly to what is happening around them. This alone is more than enough reason for the accident to take place.

4. Poor Weather Conditions

This can include any type of weather condition where visibility is reduced and/or the road conditions are hazardous. Examples of poor weather conditions can include snow, rain, and/or fog. When this happens, it is possible for the vehicle not to operate as intended or the driver to lose control. These poor weather conditions can make it harder to compensate and take evasive measures that would have been easy on a dry road with a clean line of sight.

5. Running Red Light

Many drivers will go right through a red light because they weren’t paying attention and/or were in a rush. When this happens, it is common for other drivers not to notice the vehicle in their path since their light is green, they may assume they have right of way and they would be right. However, this leads to both vehicles crashing into each other.

6. Drunk Driving

This is a significant issue that has been prominent for decades despite the DUI laws. Those who drink and drive will not have the ability to react to the road due to their impaired abilities. It can cause them to delay their reaction time, not react, or not even know what is happening. This is a common cause of vehicle accidents and has resulted in many unnecessary deaths.

7. Reckless Driving

This refers to any type of reckless driving maneuver that leads to an accident. A good example of this would be zig-zagging on the road while trying to get past drivers, driving too fast, or not paying close attention to the road. This can lead to a loss of control, and invariably an accident that could have been prevented.

Final Thoughts

These are some of the most common causes of motor vehicle accidents on the road. It is important to remember these details when in an accident, so you can be aware of what the other driver did to cause the accident. This can help you when filing an insurance claim and/or a legal claim later on. When an accident has happened to you, make sure you have the right representation if you wish to file a claim or pursue legal action.

Victims of motor vehicle accidents deserve compensation when injured by negligent drivers. At the law firm of Daniella Levi & Associates, P.C., we help accident victims hold at-fault drivers accountable. Call us today for a free consultation with one of our car accident lawyers. We provide free no-obligation consultations. If we agree to take your case, you don’t need to pay us anything unless we win you and your family the compensation you deserve.

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Is It Worth Retaining A Lawyer For Minor Car Accidents?

Is It Worth Retaining A Lawyer For A Minor Car Accident?

If you are ever in a minor car accident, you may wonder if it is necessary to obtain legal counsel for such an incident. In many cases, you may think that just exchanging information with the other driver and allowing your insurance companies to resolve the situation is enough. However, even minor impact car accidents can give rise to some serious and debilitating injuries that may not be readily ascertained at the time of the accident.

What Is A Minor Car Accident?

In general, a car accident that is regarded as minor results in only a small amount of damage to the vehicle. In most cases, both vehicles that are involved will not have excessive damage and will be able to drive away once the accident has occurred. Even if your vehicle has experienced only minimal damages, there are still many reasons why it is worth retaining a lawyer for a minor accident.

Why Would You Need An Attorney For This Type Of Accident?

You’ve got nothing to lose consulting with an experienced attorney, get your no-fault benefit set up and be examined by a medical professional. Why take chances? Sometimes symptoms may start to appear 72 hours after an accident. Speak to an experienced attorney, get a claim set up, get examined and let time tell whether or not your injuries are substantial enough that are worth pursuing. Certain circumstances may merit the need of a law firm, one that can represent you in court, especially if other people were involved. If people were injured, or if there were many other vehicles involved in the accident, it might be time to obtain legal counsel from a personal injury attorney that specializes in vehicular accidents. Here is an overview of whether or not you should consider getting an attorney for a minor car accident.

Should The Police Be Involved?

Where possible, it is always a good idea to call the police and get them to fill out a police accident report. However, during these times, the police may not always arrive and/or not want to deal with “minor accidents.”. In that case, take photos of your car and the other car(s) involved, including the plate numbers. Also, get the drivers’ information such as driver’s license and car insurance information.

Is It Worth Retaining A Lawyer For A Minor Car Accident?
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Do You Need An Attorney For An Auto Accident?

Accidents are inevitable, and no matter how careful you are, you may find yourself in one at one point in your life. Auto accidents can be quite expensive and time-consuming to deal with, especially if someone else’s negligence caused them. So, are you required by law to hire an attorney after an auto accident? At what point should you contact them? Are there situations where you can represent yourself? If you need answers to these questions., then you are in the right place. Below is a comprehensive guide on whether you need an attorney when you get involved in a car crash.

First things first, you don’t necessarily need to hire a lawyer after a car crash, but really, there is no reason not to, and every reason to hire one. Best advice? Check with a lawyer who offers a free consultation. Since the consultation is free, you will get their professional opinion at no fee. They will tell you whether you have a strong claim in court or not. They will also advise you on how to navigate the process and how best to go about it. During this time, it is recommended to take advantage of the free consultation and ask all the questions you have. They will give you comprehensive answers, and help you figure out how to go about your case. What you do, or not do during the first few weeks/months after your accident may have a great deal of effect on the final outcome of your case. So take action immediately, call a lawyer for a free consultation.

There are some situations where hiring an attorney will come in handy.

They include:

• You Got Serious Injuries.

If you have been involved in a car crash and have severe injuries resulting, it is recommended to call an attorney. This is because they will help you get the right specialists for the injury and hold the at-fault party accountable.

• The Medical Bills Are Overwhelming.

Medical bills can take a toll on you and your family after an accident. You will need to pay for the surgeries, treatment, medication, therapy, and other medical bills, which can adversely affect your finances. Here is where an attorney will come in handy. They will fight for you to ensure that you recover damages incurred.

• You Have Missed Work Due To Injuries Sustained.

If you have not reported working after the car crash or cannot do the job as you would before, then it is prudent to hire an attorney. Insurance companies usually undervalue the missed workdays, but having a lawyer at your corner will help you get compensation for days missed and loss of future earnings if you do not go back to work.

• The Insurance Company Refuses To Compensate You.

Insurance companies play the hardball when it comes to compensation. Most of the time, they will deny the claim or try to find reasons to pay you the least amount of money possible. Since they have their best interests at heart, it is advised to get a lawyer who will fight for you to ensure that you get maximum compensation.

If you or your loved one has been involved in a car crash, it is advised to visit an attorney for their free consultation services. Here, you will be able to gauge whether you need their services long-term, or you will go by it alone.

Motor Vehicle Accident Attorney

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Injured While Riding in an MTA Bus: Accident Attorneys

Riding in a bus is generally a safe and easy way to get around NYC. We see them on the streets all the time. The New York Transit Authority reports that 8 million people make a trip on their buses every day.

The National Transportation Safety Board did a study on fatalities while riding in a car or bus vehicle and found that the passenger car occupant fatality rate was five times the rate of deaths while riding in a bus.

Even though riding in a bus is pretty safe, it doesn’t guarantee that you’ll never get hurt. In some cases, you may get more severe injuries because buses are not equipped with the same safety features you see in a car such as seat belts and airbags. Buses also have a higher risk of a rollover, which means you will likely get ejected from your seat in the event of a serious accident.

What Causes a Bus Accident?

While not an exhaustive list, here are some of the reasons a bus may get into an accident.

  • The driver falls asleep at the wheel or is otherwise driving impaired.
  • Defective bus equipment.
  • Failure to observe traffic laws.
  • Road conditions and construction problems.
  • Vehicle handling problems and/or defects.
  • Weight distribution problems affect stability.

Aside from a bus getting into an accident, you may also be injured if you are walking to or from your seat, and the bus driver makes a sudden stop or hard acceleration. They are supposed to wait until all passengers are seated in order to move away. If an elderly or infirm person needs more time to get to their seat, but the bus pulls away, that’s a recipe for disaster.

Liability

Bus accident lawsuits can be complicated because your lawyer needs to be well-versed in NY traffic laws, as well as regulations that govern bus operators like the NYTA. The MTA may have a separate set of rules and regulations.

There may be multiple parties responsible for your injuries, including:

  • Other vehicle drivers.
  • City and state government entities.
  • The bus driver.
  • The management company (who manages and maintains the buses).

What to do

It can be difficult to determine which party is at fault, so it’s always a good idea no matter what kind of accident you get into to take a lot of pictures with your phone to help us with your investigation. Get statements from witnesses and write down as much information about what happened as possible.

If you are injured in a vehicle owned or operated by the New York City Transit Authority you will need to file a notice of claim within 90 days of the accident or your claim will be denied. It is very important that you or a member of your family secure immediate and competent legal counsel as soon possible.

Taking the right legal action after a bus accident in NYC with an experienced law firm such as Daniella Levi and Associates, P.C. can provide you with the compensation that you deserve. When you call our New York bus accident lawyers and come in for your free consultation, we’ll be able to get the process started without delay.

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Buckle Up NY, It’s the Law! Car Accident Lawyers

Not wearing your seat belt in the state of New York became a primary offense as of November 1st, 2020. The law requires that all drivers, all front seat passengers, and all back seat passengers 16 years of age or older wear a seat belt or use a child restraint device, including passengers of ride sharing services like Uber and Lyft. Prior to this legislation, passengers aged 16 and older were only required to wear a seat belt in the front passenger seat next to the driver.

The legislation that was signed into law is S.4336/A.6163.

Drivers and passengers 18 or older will be charged with a seat belt violation, ticketed and fined $50 if they – or any passenger in the car – are not properly strapped in.

The law was sponsored by Senator David Carlucci, who recently went on record saying “The simple fact is that seat belts save lives and prevent tragedies. It does not matter your age or where you sit in the vehicle. We want to raise awareness about the new law, and make sure people buckle up”.

This NY law requires the use of safety belts for all drivers and passengers 16 and over in all motorized vehicles, except for bus passengers and those in emergency vehicles.

The Importance of Wearing a Seat Belt

Seat belts save lives, but only if worn correctly every time you are in a motor vehicle. In a crash, your seat belt keeps you:

  • From being ejected from the vehicle.
  • From being thrown against the window, windshield, other passengers or the steering wheel.

Many adults have a misconception that not wearing a set belt in the back seat is safer than wearing one. In studies of injuries sustained in car crashes, AAA Northeast found that a rear seat passenger who is not wearing a seat belt is:

  • Twice as likely to be killed.
  • Eight times more likely to be seriously injured.
  • Two times more likely to kill a front seat occupant by becoming a human projectile.

Wear your lap belt around your hips and wear your shoulder belt across your chest. Remember that the seat belt will not work if it is tucked behind you, and airbags aren’t a substitute for seat belts.

Deaths from Car Accidents on the Streets of NY

According to the NY Governor’s office, about 30 percent of highway deaths in New York are occupants who are not wearing a seat belt. In 2018, the state reported 1,033 fatalities caused by motor vehicle accidents. That means hundreds of people who died on New York roads had the option to wear a seat belt but didn’t. Men were more than twice as likely to be killed in a crash not wearing a seat belt than females.

From his office in Albany, NY the NY Governor had this to say about the new law: “We’ve known for decades that seat belts save lives and with this measure we are further strengthening our laws and helping to prevent needless tragedies. It was under my father’s leadership that New York became the first state in the country to pass a seat belt law, and the nation followed his lead. Now we are building upon this legacy and helping to create a safer and stronger Empire State for all.”

Every time you get in a vehicle, no matter where you are sitting, buckle up. It reduces your risk of being injured or killed in a crash by almost 50 percent.

The NYPD and law enforcement across the state participate in the national enforcement campaign, “Click it or Ticket,” to encourage safety belt use.

Next time you’re in a car, make sure everyone is buckled up.

Need a Car Accident Lawyer?

Should you have the misfortune of being involved in a car accident on the streets of New York, you have a right to claim for your pain and suffering, including medical bills because of the negligence of another driver. Hiring a lawyer for your car accident case is a must. Contact the New York car accident law firm of Daniella Levi & Associates now for a free consultation to discuss your matter and get started with your recovery.

For all correspondence, please use the Queens office address.

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