Why is driving an overweight truck dangerous?
On Behalf of Simon & Gilman, LLP | Feb 10, 2022 | Motor Vehicle Accidents |
Truck drivers across the country must follow specific protocols and procedures in order to ensure that they transport their loads as safely as possible. To that end, strict regulations exist to help prevent these drivers from hitting the road with a truck that is over or underweight.
But what specific problems can an overweight truck cause? Does it pose an actual danger to the driver or other drivers on the road?
Legal ramifications of overweight trucks
Modern Work Truck Solutions discuss the potential dangers that truck drivers face daily. The actual weight of the vehicle may come as a surprise to some, as it often does not factor into the most obvious components of major crashes.
However, overloaded and overweight trucks can cause many problems for truck drivers, even without looking at accident statistics. Overweight trucks can end up held at weigh stations until they lose the excess weight. On top of that, truck overcrowding is often responsible for damaged goods, which can prevent businesses from re-using certain trucking companies.
Potential safety risks
Overloaded trucks can also increase a driver’s chance of getting into an accident. An overweight truck is harder to control, meaning a driver will struggle more with turns and braking in particular. This could potentially be a huge issue if a trucker needs to avoid a sudden collision or slow-down on the highway ahead of them.
Finally, police can actually arrest truck drivers for driving overweight vehicles. These truckers face time in jail, fines and even the loss of their commercial driver’s license if they get convicted of a violation of truck safety rules. Needless to say, this could negatively impact a driver’s life in the long term and cause major problems in the future.
On Behalf of Simon & Gilman, LLP | Feb 1, 2022 | Motor Vehicle Accidents |
Motor vehicle accidents cause injuries ranging in severity from minor to death, and financial strain is a common side effect.
According to U.S. News and World Report, New York City is the fourth most congested city in the country. If you suffered an injury from an auto accident in New York through no fault of your own, there are two laws you should understand if you plan to file a claim.
No-fault insurance
New York is a no-fault state, which means drivers have personal injury protection insurance. In the event of a car accident, your PIP insurance covers all your losses, including medical bills, lost wages, and any other out-of-pocket expenses. However, you may sue an at-fault driver if you sustained serious injuries in the accident.
Comparative fault
New York is one of only 13 states to operate under the law of pure comparative fault. This law dictates the amount of compensation that each driver may receive in a personal injury case based on the percentage of fault each one carries. For example, if a jury or insurance adjuster finds you 40% at-fault for an accident after awarding you $10,000 in compensation, you only receive $6,000.
In New York, the deadline to file a lawsuit for an auto accident is three years from the date that it happened. You have the right to seek compensation for more than just your financial losses. With injury comes pain and suffering, which is quantifiable in a motor vehicle accident case where the injuries suffered qualify as serious under New York law.
The average lifetime costs of an SCI
On Behalf of Simon & Gilman, LLP | Jan 25, 2022 | Personal Injury |
Spinal cord injuries are catastrophic results that may occur from benign sources. Many might picture a serious motor vehicle accident when thinking about encounters that risk that sort of damage. These people are right in that motor vehicle accidents are the top cause of SCIs, but slips and falls are a close second.
Unfortunately, medical science has yet to devise a cure for the kinds of paralysis that SCIs risk. This means that anyone who sustains an SCI may have a whole lifetime of costs ahead of them to live with one.
Costs based on severity
As the National Spinal Cord Injury Statistical Center details, the health care costs and living expenses of an SCI vary depending on the extent of paralysis. The lifetime costs of an injury resulting in a minor loss of motor function do not cost the same amount as one resulting in full-body paralysis.
Costs based on age
As younger individuals with SCIs may live longer than older individuals, the NSCISC provides these estimated lifetime costs:
- Motor functional loss: $1,704,144 for 25 year olds vs $1,202,832 for 50 year olds
- Paraplegia: $2,494,144 for 25 year olds vs $1,636,959 for 50 year olds
- High tetraplegia: $5,100,941 for 25 year olds vs $2,803,391 for 50 year olds
Other costs
On top of physical and financial costs, the Model Systems Knowledge Translation Center reports that 1 in 5 individuals in the SCI population experience depression versus the estimated 1 in 20 for the American population.
While these figures may seem overwhelming, it is important to understand the numbers when arranging a case for damages or when fighting insurance companies cover the cost of the care that SCI victims need.
Questions insurance companies ask after auto accidents and why you should not answer them
On Behalf of Simon & Gilman, LLP | Jan 10, 2022 | Motor Vehicle Accidents |
An auto wreck is a traumatic event. Painful though it may be, the moment of impact is only the beginning. A dance will follow over who is at fault and must pay for the damage.
According to Forbes, State Farm is the largest auto insurer in America. Dozens more operate on a smaller scale. A representative from one is bound to contact you after the collision. There are many questions this insurance adjuster will ask that you should not answer.
Questions that auto insurance adjusters ask
The insurance company employee will act as though answers are obligatory. Know that your responses are voluntary and could prove troublesome during a trial.
The adjuster will want to know how the crash occurred. By answering, you are locking yourself into one version of events. Keep in mind that your recall might be inaccurate due to shock.
Do not respond to queries about whether you have any physical damage. It is likely soon after the crash, and injuries sometimes develop over time.
Decline to provide the contact information of eyewitnesses. You do not know how they perceive what happened, and their testimony could work against you.
How to refuse questions that auto insurance adjusters ask
A representative might try guilting you into providing information. State that you are currently unwilling to discuss the accident. If you need medical treatment, say that you will respond after visiting a physician. The easiest option is to let a legal representative handle this chat for you.
Speaking with insurance adjusters can disadvantage you during litigation. When in doubt, stay silent.
On Behalf of Simon & Gilman, LLP | Jan 10, 2022 | Motor Vehicle Accidents |
Over the past 40 years, there has been an overall decline in fatalities from motor vehicle accidents. However, one type of accident that has defied the trend is the vehicle-to-pedestrian collision. For the past decade, the number of pedestrian deaths has increased incrementally on an annual basis. Overall, according to JD Power, the rate of fatalities in vehicle-to-pedestrian collisions was 53% higher in 2020 than it was in 2010.
While a pedestrian is always at a disadvantage in a collision with a car, research shows that a collision with a sport utility vehicle is more likely to result in pedestrian death than with an ordinary car.
Front profile
A collision with an SUV tends to cause a pedestrian more serious injuries than a collision with a car. This is because of the impact point created by an SUV’s higher leading edge. SUVs have undergone redesigns of the front profile to cause less damage in collisions with cars, but this has had little effect on pedestrian accidents.
Number of SUVs on the road
Part of the reason why SUVs are more dangerous to pedestrians than cars is that there are more SUVs on the road now than ever before, increasing the chances that they will strike a pedestrian. As of 2020, 70% of all new vehicle sales were of SUVs, whereas they represented 29% of all new vehicle sales less than a decade previously.
The speed at which an SUV strikes a pedestrian makes a difference to the seriousness of the latter’s injuries. Research shows that there is no appreciable difference in severity between injuries resulting from a collision with an SUV and those from a car if the vehicles are traveling less than 19 miles per hour. Any faster, however, and the SUV produces much more serious injuries.
On Behalf of Simon & Gilman, LLP | Dec 23, 2021 | Personal Injury |
After receiving an injury while on the job, you will likely come to find that just about everyone has an opinion about it. They may have things to say about the potential cause, about how you should treat it, and how you should seek potential compensation.
Each source may have different motivations and perspectives, and not all are out to protect your best interest. So who are the parties you should avoid taking advice from?
Employers
Workplace Fairness discusses what to do after suffering from an injury at work. First, you have your employers. Your contractor or company will want you to follow their policies, but not every policy fits every situation. On top of that, you might have non-standard avenues for recourse available that they do not want you to pursue. It is not hard to imagine that an employer is more likely to look after their own bottom line than worry about a worker, too.
Personal relations
Next, you have opinionated personal relations. These may be friends, family members or coworkers who all have their own stories to compare yours to and their own idea of what you should do next. Of course, what happened to them and what they suggest might not mesh with your best interests even if they want what is best for you. You may need to take their words with a grain of salt.
Adversaries
Finally, do not listen to your adversaries. This includes property owners and insurers. Insurance adjusters in particular have a bad reputation for providing initial offers that fall far below the mark that the victim deserves. Both parties have a personal stake in the matter and will try to limit they amount they must pay no matter the cost to you.
Bad weather may increase risks of car crashes
On Behalf of Simon & Gilman, LLP | Dec 13, 2021 | Motor Vehicle Accidents |
Everyone has a responsibility to drive safely, especially during times of bad weather. As the Federal Highway Administration explains, poor weather can hamper your ability to drive. Your vehicle may not perform as well, your visibility may decrease, and the wet pavement may interfere with your vehicle’s ability to keep traction.
Different types of bad weather offer varying levels of risk. Depending on the intensity of the weather, you or another driver may experience a heightened risk of a collision with an automobile or a pedestrian.
The risks of driving in the rain
Research provided by the Federal Highway Administration finds that rainfall is the most common form of bad weather that increases crash risks. The overwhelming majority of accidents that occur in bad weather happened due to rainfall or wet pavements. The FHA discovered that 70% of crashes happen on wet pavement while 46% occur during rain.
There are multiple factors that contribute to these crashes. The diminished visibility makes it hard to react in time to events that necessitate slowing down or stopping, such as when traffic signals turn yellow or red. Additionally, the lack of traction resulting from a wet pavement minimizes the ability of a car to slow down and avoid a potential collision.
Additional bad weather risks
Deteriorating weather can come in other forms. They do not cause as many crashes as rain, but are worth knowing about, particularly during the winter months. According to the FHA, 18% of weather-related collisions occur during snow or sleet conditions, while 13% happen on icy pavements and 16% occur on pavement with snow or slush. Fog may also produce crashes, but only 3% of them.
Prepare your vehicle accordingly
Bad weather is not always an excuse for drivers to get into an accident. You may minimize your chances of a bad weather-related collision by making sure your brakes are in good condition, that your headlights function, and that your tires have air. If you know you will drive in snowy weather, make sure your vehicle has snow tires. Additionally, be sure your horn works so you may warn other cars or pedestrians if needed.
If you have equipped your vehicle for bad weather, it will not offer an excuse if another driver collides with you. You should feel confident that you have done your part to drive safely and have no responsibility for any injuries you suffer in an accident.
Bicycle deliveries put pedestrians at risk
On Behalf of Simon & Gilman, LLP | Nov 30, 2021 | Personal Injury |
Bike-based deliveries have been a reality of urban life for generations. With the popularity of take-out apps, however, more high-speed cyclists travel the streets of Queens than ever before.
Learn how the prevalence of food deliveries on bikes can put pedestrians at risk for serious injuries.
Factors in bike-pedestrian accidents
Many restaurants and apps rely on delivery workers who ride electric bikes. These motorized vehicles operate at much higher speeds than traditional bicycles while retaining the same privileges. The increased speed also increases the chances of serious injury for pedestrians involved in collisions with this type of vehicle.
As New York City has added hundreds of miles of bike lanes in recent years, these paths sometimes protect cyclists from cars while placing pedestrians in harm’s way. For example, some bike lanes overlap with existing walkways and passenger loading zones.
Steps to stay safe
As a pedestrian, remember your responsibility to share the road. You should only enter the street at designated crosswalks. Otherwise, remain on sidewalks and walkways whenever possible. In areas with no sidewalks, stay as far away from vehicles as possible and face oncoming traffic.
Avoid traveling by foot at night. If you have no choice, wear reflective tape on your clothes or carry a flashlight. Make eye contact with drivers to confirm that they see you before you enter the road. Stay off your phone to remain alert.
If you experience an injury in a bike accident as a pedestrian, you may be able to seek legal compensation for your medical bills and other associated expenses.
What are the possible impacts of a TBI?
On Behalf of Simon & Gilman, LLP | Nov 30, 2021 | Motor Vehicle Accidents |
If you suffered a traumatic brain injury due to an accident, you could face a long-term impact. According to the National Institutes of Health, TBIs have a range of side effects and complications depending on the severity of the injury.
While some issues may arise shortly following the injury other symptoms may manifest long after.
Complications following an injury
Following the TBI, several complications may occur. Severe TBIs tend to have more difficulties than mild TBIs. A few common complications include nerve damage, seizures, blood clots, brain infection and stroke.
Long-term issues following an injury
TBIs may increase the likelihood of Alzheimer’s disease and Parkinson’s disease. Diseases like Parkinson’s and Alzheimer’s involve a breakdown of brain cells. Parkinson’s, for example, impairs motor skills and body movement, whereas Alzheimer’s impairs thinking, memory and emotions.
Chronic conditions such as chronic traumatic encephalopathy can cause memory problems, thinking issues and problems with motor skills. Often, this condition occurs when it comes to chronic TBI.
You may notice chronic problems with brain function that occur days or months later. While some symptoms may fade, others can last for a lifetime. TBIs can make it challenging to learn new information, to make decisions or to process emotion. Many TBI sufferers have difficulty with anxiety, mood swings and depression. Physically, you may experience double vision, ringing in the ears and a loss of sense of taste.
If you suffer from a TBI, you may have difficulty communicating. For instance, speaking, writing and reading can become difficult. Likewise, you may be unable to express your feelings or thoughts as you could before.
On Behalf of Simon & Gilman, LLP | Nov 15, 2021 | Personal Injury, Slip, Trip And Fall |
Many sidewalks in need of repair exist throughout New York City. In addition, with the approach of the winter snow and ice season, the question of sidewalk safety arises.
Many New Yorkers walk to work, to restaurants, to appointments. If someone slips and falls or trips and falls on a sidewalk, who is liable for any resulting injuries?
According to the law
For the most part, property owners are responsible for keeping sidewalks in “reasonably safe condition.” This refers to the owner of any property abutting the sidewalk, including the “intersection quadrant for corner property” and includes responsibility for repaving or replacing defective parts of the sidewalk and for removing snow and ice.
Liability and the city
Those subject to liability include businesses, houses of worship and multi-family dwellings for four or more families. Liability for anyone injured as the result of sidewalk disrepair or a slippery surface does not apply to a “one-two- or three-family” residential property that is wholly or partially owner-occupied. In this case, if the City of New York is aware of the defect or safety issue due to ice or snow, it bears liability if an injury occurs.
Answering questions
In Queens, as in the rest of the city, there are many aging buildings and sidewalks in need of repair. Most property owners have a duty to keep the sidewalks and parking lots for which they are responsible from becoming hazardous though, in certain instances, this is the city’s responsibility. Any property owner who has sidewalk safety concerns can depend on legal guidance for help in understanding the law and the processing of injury claims.
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