Did you know that texting while driving makes you 23 times more likely to cause an accident? In fact, 30% of all car crashes in the United States are the result of drivers texting while driving. What’s more, texting while driving has been found to be more dangerous than driving under the influence of alcohol. Believe it or not, if you text while drive, the five seconds slower reaction time means that you will be traveling the length of a football field before you react to a possible accident – a sure fire way to get into trouble.
Texting while driving is negligence
The reason why we emphasize the word cause in the previous paragraph is that, if you are in a car accident due to texting while driving – you will be held liable for the crash. And if anyone got hurt in the process, they may very well make a civil case against you for personal injury. Texting while driving is a form of negligence, one of the fundamental pillars on which a personal injury case is built against you.
What they can sue you for
- Damage to their car
- Medical bills
- Out of pocket expenses like rental cars etc.
- Pain and suffering such as emotional distress
All of these can cost a pretty penny. And if you add these expenses to the legal costs you’ll have to ask yourself whether that text was that important.
Talk to a lawyer
Box trucks, otherwise known as cube trucks, are mostly used as delivery vans. Because company employees drive the trucks, it can mean that the drivers of box trucks may often be under pressure to make their deliveries on time. It also means that they are not likely to be the owner of the vehicle. These factors and more may cause a box truck driver more likely to take chances on the road or to drive recklessly.
A victim of reckless driving
If you are unfortunate enough to be in an accident involving a box truck, there are several things that you have to do to be able to claim compensation for any injuries or damages that you may suffer.
- Get medical attention. It’s important that you get medical attention as soon as possible. Obviously, if you’re hurt, you will need to be treated, but there’s a secondary reason as well. Medical records of treatments just after the accident will prove that the accident caused your injury. Remember that some injuries such as whiplash only appear a few days after the incident. It’s important that you seek medical attention directly.
- Get the driver’s details as well as the details of the company that owns the truck. Take down the license plate number as well as the make and color of the vehicle.
- Take pictures of the accident scene and make notes regarding any traffic lights of stop signs in the area.
- Get the contact details of possible eyewitnesses who could give an objective view of what happened during the accident.
Linden Law has won $200 000 for a client who needed shoulder surgery after being sideswiped by a box truck. If you have been in an accident involving a truck and want to claim compensation for medical bills and damages, you can call one of our experienced car accident attorneys at 212-804-8440 for a free consultation.
Last December, one of Uber’s self-driving cars was caught running a red light. The whole point of self-driving cars is to reduce human error and therefore the incidence of car crashes. Nearly 75% of car crashes in New York City are due to human error, so one could understand what Uber was thinking. However, this incident made us wonder: what would have happened if the self-driving car caused an accident due to running a red light?
Who is at fault in an accident where a driver runs a red light?
In many accidents, there is a percentage of blame on the part of both parties. In legal terms, this is called comparative negligence. If a driver ran a red light, he or she obviously disregarded the rules of the road. The attorney representing the opposite party could easily argue that driver who ran the red light should take 100% of the blame.
However, it is possible that the other party may also have been at fault. The other driver might have taken off before the light changed to green in which case both parties effectively ran a red light. If the injured party was a pedestrian, the pedestrian might have crossed the road while it was clearly unsafe due to distraction.
If were injured by a driver who ran a red light while you did abide by the traffic laws, the other driver would almost certainly take 100% of the blame for the accident. However, if you want to file a case against the driver and you are unsure of your rights, you can call Linden Law for a free consultation at 212-804-8440.
Linden Law represented a client struck by a driver who ran a red light. The client sustained a shoulder injury which needed surgery. Linden Law won the client $160 000 in compensation for this accident.
Pedestrian knock downs are a common occurrence in New York City. Everyone is hasty, drivers are running red lights, and pedestrians don’t watch where they are walking. In fact, the latest DMV report for car crashes stated that 14650 pedestrian related accidents happened in New York of which 30% resulted in moderate to serious injuries.
Causes of pedestrian knock downs
Cell phone use and texting
One of the most common causes of pedestrian knockdowns is due to drivers using their cell phones to make a call or text. Many drivers are texting while driving and therefore paying zero attention to the road. Of course, we shouldn’t forget about the pedestrians who are texting while walking, but that’s another story.
New York is a busy city and everyone is always on the go, go, go. The problem is that people become so distracted by what’s happening in their lives that they forget to pay attention to what’s happening on the roads.
Failure to yield right of way
A large chunk of pedestrian knock down accidents happens because motorist doesn’t give the right of way to pedestrians when due. This is likely due to a combination of being in a hurry, impatience and distraction.
According to the DMV motor vehicle accident report, pedestrian confusion contributes to almost as many accidents as driver distraction. Some of the most serious injuries occur when pedestrians cross the road where there is neither a signal nor a crosswalk.
All of these reasons for pedestrian knock downs could easily have been avoided if everyone had been paying attention and adhered to the rules of the road.
A pedestrian who was knocked over by a car and had to undergo minor spinal surgery and had sustained a shoulder injury contacted Linden Law to assist him with his claim. Linden Law won him a $200 000 settlement to cover his medical fees, lost wages and to compensate for his pain and suffering. If you were in a pedestrian knockdown accident, call Linden Law at 212-804-8440 for a free evaluation of your case.
Being in a car accident can be a traumatic experience. Not only could you suffer physical injuries, but you may also suffer mental anguish afterward. Not to mention the damage to your car. To add insult to injury, car insurance companies will try to lower the amount of compensation for your damages. In this case, you may want to take things up with a lawyer to get what you think you deserve, but you worry about whether this will affect your car insurance premium. Let’s talk about why and when this shouldn’t be a problem.
Why filing a personal injury complaint shouldn’t affect your car insurance premiums
Insurance companies calculate their insurance premiums based on your risk profile. If the accident wasn’t your fault, your risk profile is not affected by any personal injuries claims against your policy, so there shouldn’t be any changes to your insurance premiums. If you can prove that the accident was not your fault, then there’s no reason to believe that you will be a high-risk customer in the future and there will be no reason for your risk profile to be changed.
When would your car insurance be affected
If you were responsible for the accident, especially if you have a history of accidents, your car insurance will be affected negatively. It doesn’t matter whether complaints are filed against damages to the car or to the driver or passengers personal injuries, your insurance premium will be affected in the same way. They basically will see you as a higher risk client and will, therefore, charge you more to insure your car.
If your car insurance didn’t pay for all your medical expenses after a car accident, you can file a personal injury complaint. If you have been injured in a car accident due to the negligence of another driver, you deserve to be compensated and should contact the New York City Car Accident Attorneys at Linden Law at 212-804-8440 for a free and confidential consultation.
Our smartphones can pretty much do everything these days. But can it help you strengthen your personal injury case? A smartphone is your in-pocket evidence collector and can definitely help to build your case.
If you are being victimized and are considering filing a personal injury case, a smartphone can help you to collect notes of specific events during which you suffered emotional or otherwise hurtful abuse. Who was present? What was said? Where did it happen? You can note specific dates and exactly what has been said and done.
In the case of medical malpractice, you can keep a diary of your symptoms, the treatments you received, and the information that you’ve given and received from your doctor. Having evidence with dates attached to them will help to strengthen your statements.
If you’ve been in a car accident, you can take photos of your injuries for future reference. You can also take photos of the damage caused to your vehicle. The same goes for medical malpractice if your injuries are external. If you suspect that your loved one is being abused in a nursing home, you can take pictures of their injuries or record their complaints if they will give you permission to do so.
Personal Injury apps
If you want a one-stop solution to collecting evidence for a personal injury claim, you can consider using a personal injury or accident app. There are quite a few free apps available for iOS and Android phones that will help you to collect all the evidence that you need to build your case.
With new apps being developed at lightning speed, smartphones are making it easier and easier to collect and share data. This data can be used to collect evidence that can help your lawyer build your personal injury case. It’s still best to speak directly to a good personal injury lawyer to evaluate your case, yet being armed with concrete evidence will make it easier for your lawyer to evaluate your specific case.
The Qualified New York City Attorneys at Linden Law are available to answer any questions you may have. If you have been injured due to the negligence of someone else, call the experience personal injury lawyers at Linden Law at 212-804-8440 for a free evaluation of your personal injury case.
Driving under the influence has always been a major cause of motor vehicle accidents. In 2014, 9,967 people were killed in drunk driving crashes. However, people are becoming more and more aware of the dangers of drunk driving and with the arrival of personal transport apps like Uber, many people refrain from driving under the influence.
Yet, the latest in driving under the influence is not related to alcohol, but to prescription drugs. Public Health Reports have found that prescription drugs, marijuana, and combinations of drugs have been found in the blood of drivers involved in fatal car accidents. The Centers for Disease Control and Prevention estimate that nearly a third of all fatal accidents involve a drowsy driver; drugs such as antidepressants and sleeping aids and many other prescription drugs can cause drowsiness. Even over the counter cold medication can be a risk to drivers. Besides drowsiness, medication can impair drivers’ motor skills or depth perception and reaction time, all of which are critical skills needed for safe driving.
If you are involved in a car accident where the driver seems to be cognitively impaired and the blood-alcohol content of the driver is within legal limits, insist on finding out whether the driver may have been under the influence of medication that can cause drowsiness or otherwise impair his or her driving skills.
Make sure that you never get behind the wheel while under the influence of prescription or over-the-counter medication that may cause drowsiness. If at any point you feel that you are unable to drive – don’t. Grab a cab or an Uber and arrive at your destination safely.
If you or your loved one have been the victim of a car accident involving a drunk driver, call the New York City Car Accident Lawyers at Linden Law at 212-804-8440 for a free confidential consultation.
In many areas, technology has surpassed what humans can do. We see more and more self-driving cars on the roads these days. If an accident happens with a human being behind the wheel, it’s easier to determine whether the accident was due to reckless driving, or whatever other reason, and the liability almost always lies with the person who drove the car.
But what about self-driving cars? There was no-one behind the wheel…so who do you sue? Is this now a product liability case? How do you prove negligence? A host of things could have gone awry. The programming could have been faulty, the cameras could have malfunctioned. The software sensors could have been damaged in some way. There will have to be big investigations into what exactly went wrong, and more importantly – who was at fault. Did the owner take proper care of the car according to the manufacturer’s instructions? If not, there may be a case of negligence. The other alternative is that the manufacturer is at fault, in which case the case can escalate into a massive product liability case.
Self-driving cars may be paving the way to a future with fewer road accidents, but as with any electronic device, self-driving cars can also malfunction. The question is: what happens then? At the moment it would seem that accidents between self-driving cars or involving self-driving cars create a free-for-all arena for lawsuits. The paradigm of road accident claims will have to shift completely.
Self-driving car or no, if you’re in a car accident and would like to file a case claiming personal injury expenses such as medical bills, loss of wages and personal suffering, you can contact one of Linden Law’s expert personal injury lawyers for a free consultation at 212-804-8440. Whether it’s an old-fashioned car accident or a futuristic self-driving fiasco, we’ll help evaluate your case.
Here are some Tips for Avoiding a Car Accident This Winter Experts at Linden Law:
1. Your Car Needs the Proper Attire! As the temperature drops, you bundle up and your car needs the same attention. When the weather conditions make visibility difficult, you are responsible for clearing snow and ice off your windshield, headlights, and tail lights. We recommend you buy an ice scraper this season and check your windshield wipers daily to make sure the rubber isn’t wearing out. Likewise, it is important to check your vehicle’s brakes and oil. Depending on how bad the roads are by you, we recommend that you invest in snow tires or chains to further protect yourself. Many vehicles are outfitted with fancy performance tires that are simply not able to travel on an icy road. They can both ruin and cause an accident that in the end will cost more than an extra set of tires. And remember, if your car wasn’t built to drive in the snow, give it a few days rest!
2. Slow Down! The roads are icy! The state implements laws that prohibit motorists from traveling faster than the road conditions allow. Even though you may be below the posted speed limit, you may be at fault for driving with excessive speed given the unsafe weather conditions.
3. Keep your Distance! Unfortunately you cannot prevent accidents as someone else’s negligence. You can maintain a distance from other cars while on the road to try to avoid them. When the roads are wet or icy, stopping distances can increase dramatically. If you follow the car in front too closely, you may end up causing a rear end collision!
4. Watch Out! Not only is it important to watch out for other drivers, it is important to be careful around snowplows and road crews. Be sure to slow down, especially in construction zones, as you may not see it coming on you hit it.
Everyone else is having a bit of a bittersweet laugh over Volkswagen’s superbly horrific recent history of car recalls due to faulty products. If it’s not massive carbon emissions, it’s faulty airbags or cars going up in flames. Yet, you’re not laughing because you have bought a Volkswagen product literally burnt to ashes.
What is product liability?
Cases like these are called product liability cases. This is because manufacturers are liable for any injuries caused by defective products that they have placed in the hands of the consumer through their distribution chain. In short, it’s not your fault that your car caught fire. If it was due to faulty vehicle design – it’s their fault.
Can you file a case as an individual?
- The product was defective in such a way that it was unreasonably dangerous for a consumer to use. One good example would be a car catching fire.
- You used the product in the way the manufacturer intended when it caused you personal injury.
- The product hasn’t changed substantially since it has been bought. If you made some major modifications to your car, you won’t stand much of a chance with a personal injury case.
Talk to a personal injury lawyer
Product liability cases are one of the types of cases that you can have evaluated by a personal injury lawyer. If you have been unfortunate enough to have bought a vehicle that had to be recalled for some bizarre reason like the ability to inconveniently catch fire, you can sue the manufacturer for personal injury.If you think you have a personal injury case against a manufacturer due to product liability, why don’t you give us a call at 212-804-8440 for a free consultation? Our lawyers here at Linden Law are experts in personal injury cases.