April 2019

Electronic Evidence in New York Truck Crash Cases

Posted on April 16, 2019 in
The fully-loaded semi-trucks that crisscross the New York metro area weigh at least 80,000 pounds. Furthermore, bureaucrats routinely grant waivers which allow shipping companies to pile even more weight onto these trucks. There’s more: these vehicles normally carry hundreds of gallons of diesel fuel. This concoction burns at a different temperature from gasoline. So, many large truck crashes involve huge fireballs. Because of these hazards, New York truck drivers have a higher duty of care than non-commercial drivers. For example, non-commercial drivers must be more alert at night. But...
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Getting Around the Graves Amendment in New York

Posted on April 11, 2019 in
Many drivers in The Big Apple are just passing through, moving to town, or moving out of town. A number of these people rent moving trucks from U-Haul, Ryder, and other such places. Under traditional negligence law, the companies could be responsible for car crash damages in these cases. If an owner loans a vehicle to an incompetent driver, and that driver causes a collision, the owner is legally responsible for damages. But because of 49 U.S. Code § 30106, which was an obscure add-on to a huge 2005...
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New York Pedestrian Accidents: A Primer

Posted on April 4, 2019 in
Most pedestrian accidents occur outside of marked crosswalks. This context is the background for both the serious injuries and insurance company defenses in these claims. When a 4,000-plus pound car strikes a 200-plus pound pedestrian, the results are often tragic, especially if the vehicle is traveling fast. So, the damages in these claims are often quite high. These damages include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some cases.   Injuries...
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The Five Types of Driving Impairment

Posted on April 2, 2019 in
Every year, car crashes kill or seriously injure millions of Americans. A few of these incidents are one-off accidents, such as a dad who turns around to yell at his kids at exactly the wrong moment. But most of these injuries involve one of the five types of driving impairment, as defined by the National Highway Traffic Safety Administration. If the car crash victim sustained a serious injury, substantial compensation may be available. This compensation includes money for economic losses, such as medical bills, and noneconomic losses, such as...
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