Articles Posted in Car Accident

New-Blog-DUI-300x200Every driver knows that operating a vehicle while impaired or intoxicated is extremely dangerous and illegal. Driving under the influence of drugs or alcohol is one of the biggest traffic safety problems in the country today. According to the Centers for Disease Control and Prevention (CDC), 29 victims throughout the United States die in collisions involving alcohol-impaired drivers every day. That is equivalent to 1 fatality every 50 minutes! In New York State, over 40 percent of all fatal highway accidents involve impaired driving. These facts and statistics do very little to show all of the debilitating injuries, life-long disfigurements, tens of thousands of innocent lives cut short, and families devastated because of motorists who got behind the wheel after consuming alcohol or drugs.  

 Common Causes Of Accidents While Driving Under The Influence

Driving while impaired or intoxicated places everyone on the road at risk. In an instant, another driver’s poor judgment can jeopardize numerous lives. After consuming alcohol or drugs, a driver’s vision, perception, awareness, reaction time, and motor skills can all be substantially affected. Additionally, motorists under the influence are more likely to participate in reckless conduct that increases the risk of crashing, such as driving more aggressively, changing lanes erratically, swerving, and speeding. Some common alcohol and drug-related car accidents include:

sm-Woman-sees-doctor-for-a-bad-headache-300x200A head injury that disrupts the regular functioning of the brain is known as a traumatic brain injury (TBI). Head injuries are a significant cause of disability and death. Approximately 2.9 million victims suffer traumatic brain injuries in the United States each year. Even relatively minor brain injuries can have catastrophic effects on a victim. According to the Centers for Disease Control and Prevention’s (CDC) most recent available data, there were nearly 61,000 TBI-related fatalities in 2019 alone. That is roughly 166 deaths per day. While anyone can suffer a head injury, figures suggest that children and elderly adults are at the most significant risk. 

What Are The Most Common Causes Of Head Injuries?

Traumatic brain injuries can be caused by a bump, blow, or jolt to the head. However, not all brain injuries involve contact. The most common causes of traumatic brain injuries include:

Asleep-at-the-wheel-300x194According to the National Sleep Foundation, roughly 50 percent of all adult motorists admit to regularly driving while feeling tired. Approximately 20 percent confess to dozing off behind the wheel during the last 12 months, and over 40 percent admit to falling asleep at some point in their driving careers. These shocking figures reveal just how prevalent driving while tired is. However, many drivers fail to realize the extreme dangers involved with falling asleep behind the wheel. The National Highway Traffic Safety Administration (NHTSA) reported that, in 2017 alone, drowsy driving resulted in more than 91,000 accidents, which caused around 50,000 injuries and 800 fatalities. 

What Makes Drowsy Driving So Dangerous?

Fatigued driving drastically intensifies the risk of crashing. When drivers doze off for even just a few seconds, they can easily smash into another vehicle or run off the road. The severity of these collisions increases even more at high speeds. Getting behind the wheel while sleep-deprived is dangerous even if the driver does not fall asleep. Studies demonstrate that lack of sleep causes mental impairment that is similar to being drunk. This impairment can make motorists inattentive, easily distracted, and worsen decision-making abilities. Additionally, it delays reaction times, making it more challenging to avoid unexpected driving hazards. 

DISTRACTED-DRIVER-300x200According to the National Highway Traffic Safety Administration (NHTSA), more than 2,840 victims suffered fatalities in distracted driving accidents during 2018 alone. Roughly 9 victims are killed each day in the 1,000 plus car crashes involving distracted drivers. It is no surprise that the Governor’s Traffic Safety Committee reported distracted driving as the leading contributing factor in New York State collisions. 

What Is Considered Distracted Driving?

Distracted driving happens much more often than you would imagine. Anything that removes a driver’s complete attention from the road is considered distracted driving. Suppose a driver looks at something other than the road, takes their hands off the wheel, or even thinks about something other than driving. In that case, that driver can be regarded as distracted. Below are some common examples of distractions while driving:

Rear-End-Accident-300x200Car crashes can range in severity from minor cuts and bruises to total paralysis and even death. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, over 36,000 victims died in car accidents. The actual injuries suffered depend considerably on the nature of the accident, the speed of the cars, the type of vehicles involved, and whether or not the occupants were wearing their seatbelts. Unfortunately, many victims suffer long-term effects from car accidents that outlive their initial visits to the emergency room. 

The 5 Most Prevalent Types of Car Crashes

To better protect you and your family from suffering a devastating accident, it is crucial to be aware of the common types of collisions. Below, the Dietrich Law Firm P.C.’s highly experienced team has listed the most frequently occurring car accidents along with tips to avoid them: 

After-An-Accident-300x200No one ever anticipates getting into an accident and withstanding life-changing injuries or worse. After an accident, it is customary to be angry, disoriented, and in some pain. Some victims may not know what to do after an accident and panic. Unfortunately, the actions you take directly following the incident could drastically impact the outcome of your future lawsuit. Even the slightest mistake could result in significantly less compensation. It is crucial to be prepared so that you can strengthen your claim. Below our veteran attorneys have listed a few things you should do and a few things you should not do after an accident. 

Steps That Can Support Your Claim

  1. Seek Medical Treatment: If your injuries are severe, your top priority should be receiving medical treatment. Call 911 immediately if an ambulance is required. Getting a doctor’s examination can help verify the harm you suffered.

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Victims of serious accidents can be incapacitated at hospitals for weeks or even months. Even with medical insurance, hospital bills, prescription medications, surgeries, and rehabilitation costs can quickly add up. This often makes life extraordinarily burdensome for victims. Unfortunately, winning a large personal injury verdict does not always guarantee that a victim will collect a payout from the liable party. In some cases, a defendant may lack adequate financial resources to pay the judgment and file for protection under bankruptcy.

What Happens If The Defendant Files For Bankruptcy?

Defendants, such as municipalities and large corporations, tend to have deep enough pockets to satisfy large judgments and settlements. However, some defendants who cannot afford to pay millions of dollars may decide to file for bankruptcy. While most personal injury lawsuits are tried under state law, bankruptcy is a federal matter.

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Car accidents involving Uber and Lyft drivers happen more often than you would think, and there are some important details that you should know. Given the complicated organizational structures of some ride-hailing services, it may be challenging to determine what parties to name in the lawsuit.  

 

What is Raiser LLC?

 

Uber drivers are frequently misguided about what company hired them, whom they drive for, and who pays them. Due to numerous legal issues, such as class action lawsuits, Uber formed a separate company called Raiser LLC to handle its drivers. Raiser is a wholly-owned subsidiary of Uber and a key component of Uber’s corporate structure. Uber drivers are technically independent contractors for Raiser. As such, Raiser manages all of the official payments to Uber drivers. Having a subsidiary deal with all driver-related matters was designed to shield Uber from direct litigation. If you, or a loved one, were critically injured in an accident caused by an Uber driver, this organizational structure could play an essential role in your claim. When accident victims want to pursue litigation against Uber, they should always name Raiser as a party to the lawsuit.

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Chief Administrative Judge Larry Marks issued Administrative Order 270/2020, which implemented considerable modifications to general civil practice in New York Supreme Court. Overall, there are nearly 30 rules that have been adopted into the Uniform Rules. Many of these new rules or variations were derived from the existing rules and procedures of the Commercial Division.

Highlights of the Recent Changes to the Uniform Rules

Some of the most noteworthy changes to the Uniform Rules include the following:

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At a minimum, all drivers are expected to obey New York State’s Vehicle and Traffic Laws and exercise reasonable care to avoid any accidents. While getting a ticket can be frustrating, traffic violations can lead to severe accidents and resulting injuries. When drivers violate the law and collisions result, they can be found negligent per se. Although there is no foolproof way to avoid every accident, driving cautiously and obeying traffic regulations is the best way to keep you and others safe.

Avoiding Five Highly Prevalent Traffic Violations

Speeding: Traveling over the speed limit is the most common traffic violation. Speed limits exist to prevent accidents and save lives. According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 9,400 victims who suffered speeding-related fatalities in a single recent year. It is important to remember that speed limits are the maximum rate you can travel by law. It is also imperative not to drive too fast for the given road conditions.

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