Articles Posted in Wrongful Death

Prove-Negligence-Blog-300x227Suppose you have been seriously injured in an accident because of another’s wrongdoing. You may be eligible to pursue monetary compensation through a personal injury lawsuit. However, to hold the other party financially liable for your damages, you must first prove that they were negligent. Understanding the legal elements of negligence can help you win your Buffalo, New York injury claim. 

The Reasonable Person Standard 

A reasonable person is somebody who approaches all situations with a sufficient amount of caution before prudently taking action. This was established to provide courts with an objective criterion that can be applied when determining whether a defendant’s actions constitute negligence. In other words, a jury must decide what a reasonable person would have done under conditions similar to the defendants. After comparing the defendant’s conduct to that of a reasonable person, they may find that the defendant was negligent if their conduct failed to meet the reasonable person’s standard. 

Couple-Doing-Yardwork-200x300Loss of consortium is a term used in personal injury law that refers to the deprivation of the benefits of a family relationship because of injuries suffered in an accident. Under New York law, injured victims may be eligible to obtain monetary compensation for the loss of consortium and companionship. These claims are intended to remedy marital damages that the victim and their spouse have suffered. Loss of consortium claims are generally made when the injuries suffered are long-lasting, devastating, or debilitating. 

Who Can Bring A Loss Of Consortium Claim?

In New York State, spouses of injured victims can claim the loss of consortium or companionship. Unfortunately, this does not include life partners or significant others. If a spouse contributed financially to their household and family expenses, the claim might consist of loss of financial support. This amount is determined by the sum of money the spouse would have contributed to the family had they not been injured. 

Face-Wound-Dressing-300x200Unfortunately, even after an accident victim’s initial pain subsides, they could be left with permanent scarring and other disfigurements. Most scarring is caused by damage to the skin, such as scratches, abrasions, and puncture wounds. Depending upon the severity and location of the scar, it can significantly impact a victim’s ability to work and even perform routine tasks. Besides being a constant reminder of the traumatic injury, even the slightest alterations in a victim’s appearance can bring about overwhelming depression and emotional pain. Victims with scars in prominent places, such as the head, face, neck, or hands often struggle with terrible self-esteem and anxiety.  

Leading Causes Of Scarring And Disfigurement

The impact of scarring and disfiguring injuries can last the victim’s entire lifetime. Scarring is a normal part of the healing process. Just about any wound, burn, or other trauma, such as surgery, can result in scar tissue. After an accident, the most common types of scarring and disfigurement injuries include:

Speeding-300x200Most of us know the frustration of maintaining a busy schedule and rushing to avoid being late for several commitments. However, it is crucial to keep in mind that speed limits are set in place to protect everyone on the road. Driving too fast not only endangers the life of you and your loved ones, but all others in the vicinity, including occupants of other vehicles, cyclists, and pedestrians. According to the National Highway Traffic Safety Administration (NHTSA), speeding has played a significant factor in roughly 33 percent of all fatal crashes for the past two decades. In 2019 alone, speeding took the lives of 9,478 victims. In some cases, your safety can be impacted by adhering to the speed limit. This occurs when the posted speed limit is too fast for the given road or conditions, such as during inclement weather, driving after dark, or driving on dilapidated roads. 

Why Do Drivers Speed?

Almost every driver is guilty of speeding at one time or another. Several factors that have frequently contributed to the overall increase in speeding include: 

Leg-Cast-with-Crutches-300x200Approximately 40 million accident victims require medical treatment for an assortment of personal injuries each year. With numerous types of accident-related damages, some have the potential to drastically alter victims’ lives forever. Most personal injuries result from accidents involving another’s negligence. Unfortunately, negligence can cause innocent victims to suffer severe injuries, which lead to costly hospital bills, rehabilitation, pain and suffering, and lost wages from missing work.  

The Five Most Prevalent Types Of Personal Injury Accidents

  1. Car Crashes: Car accident claims are the most common personal injury cases in Buffalo, New York, and throughout the country. Every year, millions of victims sustain severe injuries due to car crashes. Collisions are often caused by careless or irresponsible driving practices, such as distracted driving, driving while sleep-deprived, driving under the influence, and speeding.  

BUS-FAQ-1-300x200Crowded buses can easily weigh over 60,000 pounds, while the average car is barely 3,000 pounds. A size difference that lends to bus crashes being some of the most devastating accidents that take place on our roads. According to the Federal Motor Carrier Safety Administration (FMCSA), bus accidents resulted in over 260 fatalities in a single recent year alone. 

Factors That Frequently Contribute To Bus Crashes

Many bus accidents are due to negligence on the part of bus drivers and bus companies. Some of the most common causes of bus collisions include:

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:

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: 

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