Articles Tagged with liability

3-27-24-hourglass-300x200Car accidents can have life-altering repercussions. For many survivors, the road to recovery is anything but straightforward. Even when physical injuries seem likely to heal, other wounds sometimes linger for far longer—making it difficult for victims to get a good night’s sleep, reclaim their self-esteem, or live a life unburdened by pain.

In New York, no-fault insurance policies ensure a baseline of medical benefits—benefits that can help drivers, and injured passengers, mitigate the costs of routine care. However, insurance settlements often fall short, with payments restricted by statute and subject to the terms of a motorist’s coverage. Companies are rarely, if ever, required to compensate survivors for pain and suffering.

A personal injury lawsuit, in contrast, provides an opportunity to recover a much wider range of economic and non-economic damages. Compensation for pain and suffering falls into the latter category, and typically consists of either, or both, of the following components:

3-19-24-cartoon-accidentOver 2,000,000 people are injured in motor vehicle accidents each year. Further, the average driver will file a claim with their insurance company for a car crash once just about every 18 years. With statistics such as these, everyone needs to know what they should expect if they are in a car accident.

Immediately following a collision, it is important to:

  1. Relocate your vehicle to somewhere safe. If it is feasible, move your vehicle to the side, out of the way of other traffic, to avoid the risk of any additional injuries.

3-12-24-Drive-Safely
In the United States, over 80% of adults operate a motor vehicle multiple times per week. For most, the daily commute to and from work and school happens inside of a motor vehicle. In 2021, the United States was home to 232,781,797 licensed drivers who are estimated to have driven a combined total of over three trillion miles.

It is further estimated, that licensed drivers in the United States will spend an average of 17,600 minutes driving every year. With all this time spent in the car, it is not surprising that 77% of U.S. drivers have been in at least one accident. While accidents cannot be completely stopped altogether, they may be prevented if people practice conscientious driving and observe all of the traffic rules and regulations.

Practices to Follow to Prevent Car Accidents:

What-to-Expect-at-Trial-Blog-scaledBeing involved in a car accident is stressful enough, but the prospect of a trial can feel overwhelming. Suppose you’re facing this situation in Upstate New York. In that case, understanding the process can ease your anxiety and empower you to make informed decisions. Our elite team of Buffalo, New York, car accident injury lawyers at the Dietrich Law Firm P.C. represents countless car accident victims and wants to guide you through what to expect during a trial.

Before The Trial:

  1. Discovery: This phase involves exchanging information and evidence between both parties. We’ll assist you in gathering crucial documents like accident reports, medical records, and witness statements. This stage is essential for building a strong case.

After-A-Car-Accident-Blog-scaledAfter being involved in a car accident caused by another driver’s negligence or recklessness, it is customary to be confused, anxious, and even angry. Very few crash victims ever anticipate being involved in devastating collisions or sustaining severe injuries. Consequently, most motorists are unsure about the appropriate actions to implement after their accidents. This commonly results in crash victims making critical mistakes. Although some oversights are relatively harmless, other mistakes could seriously prejudice your case and make recovering reasonable compensation difficult. 

Your actions directly following your crash could profoundly impact the result of your prospective claim. In this guide, the Dietrich Law Firm P.C.’s top rated car accident lawyers will educate you on the top 5 mistakes to steer clear of following a car accident. If you or a family member are in a car accident, it is crucial to avoid the following missteps:

  1. Failing To Get Medical Attention: It’s essential to seek medical care, even for injuries that appear to be minor. After all the adrenaline from your accident decreases, you could notice more pain. Victims suffering from injuries like whiplash or internal bleeding may not even realize that they have been seriously injured. Even minor injuries can take a turn for the worse when left untreated. 

RECKLESS-DRIVING-scaledEach year, millions of victims suffer severe, life-altering injuries and tragic fatalities in accidents on the road. The roads in Western New York are dangerous enough without even considering reckless drivers. Reckless driving poses a substantial risk to the motorist, occupants of other vehicles, pedestrians, and everyone else on the road. Unfortunately, many drivers engage in reckless driving despite knowing that these destructive behaviors considerably heighten their risk of causing a devasting accident. 

What Is Reckless Driving? 

In the 1990s, the term “reckless driving” emerged to describe dangerous behaviors behind the wheel. The National Highway Traffic Safety Administration (NHTSA) defines reckless driving as operating a vehicle in any way that can cause danger to others on the road. 

Bicyclist-in-traffic-scaledEven the smallest car outweighs the sturdiest of bicycles by a considerable margin. When cycling, the protection offered to riders is minimal, almost non-existent. Cyclists are alarmingly vulnerable to severe injuries in the event of a collision with a motor vehicle. From bone fractures and traumatic brain injuries to organ damage and even death, the impact is bound to be life-altering. The financial ramifications of a car accident as a bicyclist can be grave, as emergency medical treatments and hospitalization typically come at a steep price.

Crucial Steps For Victims Of Car Versus Bicycle Accidents  

Suppose you were hit by a car while riding your bicycle. In that case, our battle-tested injury lawyers strongly recommend taking the following steps to safeguard your legal rights:

Pedestrian-Safety-scaledWalking is a great way to get around and get some exercise in the process. Pedestrians can help reduce their carbon footprint while enjoying some fresh air. No wonder walking has become increasingly popular in recent times. However, if you prefer walking, being aware of the risks of being involved in a pedestrian accident is crucial. According to the National Highway Traffic Safety Administration (NHTSA), in a recent year alone, there were roughly 6,300 pedestrians killed in traffic-related accidents. When on foot, you are approximately 1.5 times more susceptible to being fatally injured in an accident than car occupants. 

Every 9 minutes, a pedestrian suffers injuries caused by contact with a vehicle. Given the vast difference between the weight and velocity of your average vehicle and a pedestrian, it is understandable why foot-travelers are so vulnerable, especially considering they lack all protections. Consequently, pedestrian accident injuries are rarely just minor cuts and bruises. 

Common Causes Of Pedestrian Accidents

Driving-in-bad-weather-scaledWhile car crashes can happen just about any time, the risk of being involved in a collision significantly increases in bad weather. In fact, bad weather conditions are notorious for causing devastating car accidents throughout Western New York. Heavy rain, intense snowfall, poor visibility, and slick roads can all easily cause you to lose control of your vehicle. Driving in poor weather conditions is even more dangerous when drivers fail to take proper safety precautions to prevent unnecessary accidents.  

Safety Tips For Avoiding Inclement Weather-Related Crashes

All motorists have a legal duty to exercise reasonable care while driving in unfavorable weather conditions, which includes taking the appropriate safety precautions and driving more cautiously. Below, the Dietrich Law Firm P.C.’s battle-tested lawyers have listed the best practices to minimize your risk of being involved in a bad-weather car accident:

Building-Code-scaledLocal municipalities, Erie County, and New York State have enacted various building codes and other standards to ensure public safety. These codes regulate the construction, repair, and maintenance of shopping malls, residential properties, and large office buildings. When building code violations and other property owner negligence occur, devastating personal injury accidents are bound to happen. Suppose you, or a loved one, were injured as a guest or visitor on someone else’s property. In that case, you may be entitled to pursue a premises liability lawsuit against the owner or other responsible party.  

Common Types Of Code Violations And Negligence 

Unfortunately, these violations occur more often than most people would think. While some minor building code violations may not pose substantial safety risks, others can be hazardous. Some of the most dangerous building code violations include:

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