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In recent years, car design has increasingly focused on safety features such as seatbelts, airbags, and bumpers to protect drivers and passengers. However, these aspects mostly cover the front and rear ends of the vehicle while leaving the side of the car comparatively unprotected. When the front end of one car collides into the side of another vehicle, it leads to what is called a side-impact or T-bone or broadside crash. In recent years, car design has increasingly focused on safety features such as seatbelts, airbags, and bumpers to protect drivers and passengers. However, these aspects mostly cover the front and rear ends of the vehicle while leaving the side of the car comparatively unprotected. When the front end of one car collides into the side of another vehicle, it leads to what is called a side-impact or T-bone or broadside crash. These types of T-bone accidents can be dangerous even at speeds below 30 mph and it is estimated that every year thousands of fatalities in the US occur because of side-impact crashes. Although modern vehicles have crumple zones and other safety features, a side impact car collision with a larger vehicle such as a truck or with another car at high speed can result in serious personal injuries. What Makes Side Impact Car Crashes in NYC Dangerous? According to the Insurance Institute for Highway Safety (IIHS), side-impact car crashes are responsible for about one-fourth of all passenger vehicle occupant fatalities in the United States every year. Compared to the front and rear ends of the vehicle, the sides have very little space and this affects their capacity to absorb energy. Most cars except a few of the very new models do not have side airbags and therefore, in the event of a collision, there is nothing other than the car door to protect the vehicle occupants from the oncoming vehicle. This is the main reason why side-impact crashes often lead to some of the most devastating injuries. Common Causes of T-Bone Accidents in New York A study of the circumstances surrounding side-impact crashes shows that such accidents are far more likely to occur at traffic intersections. Negligent driving is more often than not the major cause of these crashes. Some of the scenarios resulting in a T-bone accident include a motorist: Driving under the influence of either alcohol or drugs Running a red light Speeding through a traffic signal or stop sign Driving recklessly or aggressively Texting or talking on their cell phone while driving Failing to yield the right of the way especially when making a turn or passing a four-way stop In 2018, the National Highway Traffic Safety Administration (NHTSA) conducted a study of accidents that occur at intersections. The findings showed that driver error was responsible for 96% of the crashes and this included driver behavior such as: Turning while their view was obstructed Not paying enough attention to road conditions before they turned Distracted driving Making false assumptions about the intention of other drivers on the road Breaking traffic rules regarding stop signs and traffic lights Misreading the speed of other vehicles on the road Misjudging the distance between them and other vehicles on the road While intersections are the most common spot for side-impact car collisions in New York, such accidents are equally likely to occur on a highway when drivers lose control of their vehicles. A vehicle that skids sideways may crash into other cars on the road, leading to a T-bone accident. T-bone crashes have also been known to occur in parking lots when a reckless driver strikes the car that is being backed out of its parking space. What Are the Common Injuries in Side Impact Collisions? Side impact crashes in New York may result in different types of injuries such as traumatic brain injury, spinal cord injury, organ damage, ear injuries, rib injuries, internal bleeding, neck injuries including whiplash, hip and leg injuries, shoulder and arm injuries, and even paralysis. Spine and Neck Injuries During a side-impact crash, the momentum of the crash causes the body of the car occupant to accelerate although their head stays static. As a result, the neck region is forced to absorb most of the shock, and this makes neck and spinal injuries the most common outcome of a T-bone accident. When the ligaments and muscles in the neck get stretched beyond their capacity, the head tries to compensate by pulling the neck back to its original position, and this leads to whiplash that can cause severe damage to the discs and nerve roots of the cervical spine. Concussions The sudden change in direction of the head and neck that occurs during a side impact collision can also cause the brain to hit the inner surfaces of the skull. This leads to the most common type of traumatic brain injury called a concussion. Not all persons who suffer a concussion will become unconscious or appear to be seriously injured. However, there can be severe bruising of the brain which can gradually lead to a paralysis of all the senses. Mild concussions cause mental confusion that generally clears up within 15 minutes; moderate concussion effects last longer and may be accompanied by memory loss and difficulty in moving. The faster a concussion is treated, the less catastrophic its effects are likely to be. Untreated concussions may often lead to permanent brain damage. Limb and Chest Injuries In side-impact crashes, the persons on the side of the car that was not struck are more likely to suffer from injuries to the chest and limbs. These injuries are an outcome of colliding with the persons seated next to them. In some cases, they may also result due to impact with the pillar that’s right behind the front door to which the seatbelt has been anchored. Who is Responsible for a Side Impact Crash in New York? The exact circumstances that led to a side-impact crash will determine who is responsible for the collision. Generally, one or more of the following parties will be investigated for liability: The Drivers Involved in the Crash Either one or both of the drivers involved in the T-bone collision may be at fault. Generally, the driver who illegally runs through light is far more likely to be held liable irrespective of whether they were the striking car or the one that got struck. Another Driver at the Crash Site If one driver makes an incorrect left turn, it can cause the oncoming car driver to swerve in order to avoid a crash. Now if the oncoming car strikes another vehicle and causes a side-impact car collision, although it was their car that struck the third vehicle, the first driver who was not involved in the crash can still be held liable because it was their actions that caused this entire cascade of events resulting in the accident. Vehicle Manufacturers In accidents where an investigation reveals that the T-bone collision was due to faulty parts in the car such as a stuck accelerator or faulty brakes, the carmaker can also be held partially or fully liable for the losses sustained by the crash victim. In such cases, your car accident lawyer will explore the possibility of using product liability laws to hold the car manufacturer responsible for the injuries you sustained. Why is it Important to Hire a Skilled Side-Impact Accident Lawyer in New York? Determining liability in a side impact accident in NYC is not a simple task. It is quite likely that although you were correctly moving through a green light, you perhaps failed to glance at your left and right sides and therefore did not notice another driver who ran through a red light. While the errant driver is definitely at fault for the accident, you may also be held partly responsible because you did not stop sooner. All such types of points are often brought out by insurance adjusters or the defendant to try and reduce the number of damages awarded to you in the settlement of your personal injury claim. It can be difficult for you as an individual to comprehend and deal with such nuances and this is where having an expert and experienced side-impact accident attorney in NYC can make a huge difference to your case. Speak to a Side Impact Crash Accident Attorney in New York Today Being hurt in a side-impact crash can be a huge shock not just physically but also emotionally. Soon after such an accident, it is vital that you seek medical attention to deal with your injuries. At the same time, it is equally important that you proceed to take legal action against the errant parties who were responsible for your loss and suffering. At Rosenberg, Minc, Falkoff & Wolff, LLP, we understand that it can be difficult to do this when you are still preoccupied with your medical treatment. When you hire our experienced T-bone accident lawyers, you can rest assured that we will carry out a thorough, independent investigation of the crash to collect all the relevant evidence to build you a strong case. This will help you get an estimate of the compensation to which you are entitled whether it is through negotiation with the insurance providers or through a court trial. Our compassionate and competent car accident attorneys have several years of experience with side-impact collisions in NYC and we can help you pursue your personal injury claim to receive the damages that you rightfully deserve. Call us today at 212-344-1000 or contact us online for a free and confidential case review. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Multi-car accidents are said to occur when more than two motorcycles, cars, trucks, or other passenger or commercial vehicles are involved in an accident. They are also known as multi-car pileups. It doesn’t matter whether the crash involves three or four or more vehicles; it will be referred to as a multi-vehicle crash. Multi-car accidents are said to occur when more than two motorcycles, cars, trucks, or other passenger or commercial vehicles are involved in an accident. They are also known as multi-car pileups. It doesn’t matter whether the crash involves three or four or more vehicles; it will be referred to as a multi-vehicle crash. Multiple car crashes are of various types – intersection collisions, rear-end accidents, and lane change impacts are among the more common types. The probability of serious injuries and death in these chain-reaction collisions is directly proportional to the number of individuals and vehicles involved. Emergency responders may find it challenging to reach the injured in time and get them to the nearest hospital. There is a greater likelihood of fire, explosion due to gas leaks in multi-car pileups. It is not easy to determine liability in multi-car pileups since it can be difficult to identify the car with the most damage. Ultimately, the fault needs to be established on an individual vehicle basis. There are certain general principles that help. For starters, you should identify the type of multi-car crash and individual motorist actions. The fault is Usually of the First Car that Rear-Ends Principles of fault are going to remain the same in basic rear-end car crashes in New York. The first car that runs into the bumper of another vehicle is usually the one at fault. This is because in most instances the rear vehicle has the best opportunity to avoid the collision. Rear vehicles can drive at safe speeds, keep safe distances, take evasive actions, and know what’s in front. An accident may be caused if any of these actions are not taken. For example, imagine a scenario in which the lead car and three cars behind it come to a complete halt without running into anything or anyone. But, the fifth and the last vehicle hit the car in front which starts a chain reaction. In this, the fifth driver would be at fault for the entire multi-car rear-end accident. Fault Can be of Multiple Car Drivers In chain reaction accidents, there may be more than a driver at fault. The comparative negligence principle is used in these situations to figure out who is most at fault. The principle is called comparative negligence by law because each driver has to compare the actions and assign a percentage of the fault to multiple negligent parties. These are a few examples describing comparative negligence. Example 1 The lead car may stop in time in a four-car crash. But, the second car directly behind the lead may not stop in time. The third car after the first impact stops but the fourth car in the line doesn’t and hits the third car. The impact forces the third car into the rear of the second one. The second and the fourth car in the 4-car accident may be held comparatively negligent for the accident. Example Two The lead car avoids hitting any other car and comes to a complete stop. However, the second car runs into the first one. The third car fails to stop as well and runs into the rear of the second car. In this three-car accident, both the second and the third car would be thought to be at fault since both of them couldn’t stop in time. The first would not be held responsible since it stopped without hitting anybody. Determining the Course of Events in a Chain Reaction Accident in NYC Sometimes, in a multi-vehicle crash, everybody agrees to what happened. However, this may not always be the case. Many times, witnesses and everybody involved have slightly different accounts to tell. You would need to compare the physical evidence with all witness accounts to determine exactly what happened. Damage to individual vehicles, the number of impacts felt by each driver, and the timing of the impacts are a few things to consider. It would take a committed car accident lawyer to piece these multiple pieces of information together. Determining Fault in a Head-On Multi-Car Pileup The driver crossing into the lane of the other driver is usually at fault in a head-on collision. Driver drifting into oncoming traffic is a common situation where head-on collisions may result in multi-car pileups. The car in the wrong lane may hit an oncoming vehicle which starts a chain reaction of rear-end collisions. Determining At-Fault in Multi-Car Intersection Collision Intersection crashes are common multi-vehicle accidents as well. Common forms of intersection collisions involve running a traffic control device or left turns. These accidents are explained in detail below: Multi-Vehicle Intersection Accident Because of Running a Traffic Control Device When cars at an intersection run a stop sign, red light, or any other traffic control device, the car would always be found to be at fault for causing the crash. However, other cars may also be at fault in this type of multi-vehicle pileup. Multi-Vehicle Intersection Accident with Left Turn This type of accident usually occurs when a vehicle is waiting to make a left turn but there is oncoming traffic at the intersection. The car making the left turn may hit another car or get hit by a car crossing in front of it. One of the cars may then collide with another causing a multi-car crash. In this situation, determining who is at fault will involve identifying whether the car making the left turn had the right of way or not. If the vehicle that made the left turn did not have the right of way, it would be the car’s fault. Of course, this doesn’t mean that other vehicles are going to be total without fault. Their fault may depend on whether they had a viable opportunity to prevent the crash or if they were speeding. Determining Fault in Multi-Car Accident Involving Lane Change Multi-car accidents in New York City may be caused if two cars are going in the same direction and if one of the cars clips the other while changing lanes causing it to run into other vehicles. The car changing lanes would be held responsible in this situation for causing the multi-car pileup. On rare occasions, other cars involved in the accident may also have responsibility. Determining Liability in Chain Reaction Accidents in NY There are various sources that may help you identify the at-fault party or the order of impact irrespective of how the chain reaction accident plays out. These are a few sources that can offer useful accounts: Eyewitness statements including the ones of occupants of each vehicle, your own account, motorists in the vehicles behind you, and bystanders Vehicle damage Police reports of the accident, including the findings made by the reporting officer as to whether there was any traffic infraction committed by a motorist Proof or evidence collected at the crash site, including skid marks and vehicle debris Investigating a Car Crash Sophisticated technology and leading experts are used by a multi-car accident lawyer for establishing the at-fault party for the accident. The attorney would examine available camera footage of the crash meticulously. They will also question eyewitnesses after locating them. This includes other motorists and passengers. Your New York personal injury attorney will review the police report completely and check whether any drivers have changed their statements since the accident. Generally, initial statements point towards the other driver. This is neither unexpected nor unusual. Your lawyer will get a better outlook on your claim by gathering evidence that shows you were not responsible for the accident. Shared Fault in New York There are 13 states including New York that operate on a “pure” comparative fault law. This means that you can recover 1% damage from the other party that directly contributed to your injuries even if you were 99% responsible for the accident and injuries. The rule of several and joint liability is followed when multiple parties are established as defendants. In New York, the rule permits the plaintiff to hold each tortfeasor or defendant responsible for the full amount of damages either individually or collectively. This law doesn’t regard the degree of fault as the plaintiff may collect the entire judgment from any of the at-fault parties or from all in varying amounts. In many cases, a tortfeasor who is only 1% responsible for the victim’s injuries may be forced to pay 100% of the judgment to the plaintiff. However, this is usually in the case where other defendants show they don’t have the funds. Consult an Experienced Multi-Vehicle Personal Injury Attorney in New York The plaintiff’s lawyer in New York needs to prove the negligence on part of the defendant for successfully pursuing a multi-car personal injury lawsuit. The lawyer would also need to defend the plaintiff against claims of negligence. New York City law firm Rosenberg, Minc, Falkoff & Wolff understands the right way to prepare and present a personal injury lawsuit. We can build a strong case that persuades the jury to take account of the correct interpretation of facts. Get in touch with a multi-vehicle accident attorney at Rosenberg, Minc, Falkoff & Wolff if you or a loved one was injured in an accident in which multiple parties were negligent. Give a personal injury lawyer in New York today at 212-344-1000 or contact us online. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

While data shows that human error is the most common cause of road accidents in New York, there may often be other significant reasons for the crash. Cars are complex machines made up of several parts that perform a particular function. If there is a problem with the design of the automobile parts or some part fails to function as intended, it can lead to disastrous consequences. While data shows that human error is the most common cause of road accidents in New York, there may often be other significant reasons for the crash. Cars are complex machines made up of several parts that perform a particular function. If there is a problem with the design of the automobile parts or some part fails to function as intended, it can lead to disastrous consequences. A vehicle that is defective may lead to an accident triggered by a problem in the brakes, tires, or steering columns. In some cases, defects in the road may also be responsible for causing road accidents. In case you have been injured in a road accident caused by vehicle or road defects, you are probably wondering about who can be held liable for your loss. Talk to a trusted auto accident attorney in New York to know more about what the law says regarding such accidents and injuries. Common Causes for Vehicle Malfunction Related Accidents All vehicles suffer wear and tear and tend to break down over time. This is the reason why one must perform regular maintenance to keep the vehicle in good condition. Failure to maintain your car will cause it to develop defects that may result in a malfunction when you are on the road. If an accident is traced to the poor condition of a car, the owner of the car may be held legally responsible for the accident. Data from the National Highway Transportation Safety Administration (NHTSA) shows that close to 6.8 percent of road crashes are caused due to vehicular malfunction. Some of the common defects that may lead to car accidents in New York include: Failure of the brakes Balding of the tires Malfunction of the steering system Problems with suspension Engine failure Transmission issues Failure of brake lights or headlights Airbag deployment failure Faulty windshield strength Problems in automatic transmission Leaks from the radiator or other parts Who is Responsible for Car Accidents Due to Vehicle Defects? Automobile companies are quite likely to manufacture vehicles with serious design or manufacturing errors. The recall of one million cars by General Motors after a fault in the ignition switch caused the death of 42 drivers is just one out of many examples. However, it is an unfortunate fact that these auto manufacturers do not take decisive action unless there are serious injuries reported by consumers. Under New York’s strict liability doctrine, the following three conditions are considered in order to prove auto accident liability: Does the vehicle or any of its vital components exhibit defects that may be termed ‘unreasonably dangerous’? Were injuries caused due to this defect despite the vehicle being driven in the intended, reasonable manner? Was the vehicle in its original form without any substantial changes introduced by the owner that could have changed its performance? It is a manufacturer’s legal duty to sell only those products that are safe for use. An automobile company that sells vehicles with defective design or malfunctioning parts that caused an accident is therefore liable for negligence as per the concept of product liability. The NHTSA requires auto companies to notify it regarding any defective vehicle that may potentially cause an injury. This notification has to be followed by an immediate recall of the concerned vehicles. A failure on the company’s part in taking such preemptive action can lead to serious accidents and victims injured in them can bring a lawsuit against the auto manufacturer. How to Proceed in a Car Accident Caused by a Vehicle Defect? Like in any other type of accident, a product liability claim will require you to prove that the car manufacturing company was negligent in its: Design of the car parts Assembly of the car parts Lack of warning about any hazard or defect that was likely When someone tries to pursue a claim for a defective vehicle, the manufacturers will try all they can to avoid being blamed. They may try to garner evidence proving that the accident was due to negligence of the driver and not due to a vehicle defect. Another ploy they may use is to say that the vehicle was not used as intended or that the vehicle had been modified by the driver, resulting in the malfunction. Disproving statements along these lines is not an easy task and this is why having an experienced New York City defective vehicle auto accident attorney on your side is critical to your case. If you suspect that your accident was caused due to a vehicle defect, it is imperative to preserve the car and its parts in the same condition and arrange for it to be inspected by an expert. A competent automobile accident lawyer can help you ensure that even if the vehicle is to be signed over to the insurance company, the vital evidence (such as the “black box” in newer cars) is collected and preserved before the vehicle is transferred. What is the Role of Road Design in Car Accidents in New York? Road-related factors are responsible for more than 16 percent of traffic accidents. Every road must conform to state and federal standards that are designed to ensure the safety of vehicles. Road geometry is especially important when it comes to uphill slopes and curves. Roads also require signs and signals to make it easy for the drivers to know what to expect along the route. According to the NHTSA, missing traffic signs are responsible for close to 10,000 vehicle accidents every year. The accuracy of speed limits specified on the road signs is also critical. If the signs indicate a speed limit that is beyond safe limits, it is very likely to result in a crash. The condition of the roads is another vital factor that may cause accidents. Whether it is a small crack in the asphalt or a huge pothole, every road defect is a risk factor. Any vehicle driving on a faulty or poorly maintained road is likely to be affected, but motorcycle riders and bicyclists are perhaps the most vulnerable because the nature of their vehicles does not provide for any physical protection. Other road-related problems that can cause accidents include: Lack of guardrails Excessive or insufficient banking of roads Too narrow shoulders on the road Problems with road drainage that cause water pooling on the road Presence of plants that intrude into the driving lanes Absence of lane markers Sharp drop-offs on highways Poorly designed entry and exit ramps Who Can You Sue for Auto Accidents Caused by Road Defects? If your auto accident in New York was caused due to a poorly designed or maintained roadway, you can sue the governmental agency that is responsible for its upkeep. Winning the case depends on how well you are able to prove that the road design was unsafe and could have been improved upon. This is not as easy as it sounds and the government will employ legal experts who can use creative jargon, rules, exceptions, and legal precedents to prove that they were not at fault for the accident. The Department of Transportation (DOT) is responsible for the upkeep of roads in NYC. If your car accident was caused due to a defect in the road’s design, construction or maintenance, the DOT cannot be held legally responsible for the injuries you sustained unless there has been prior notification of the defect which the DOT failed to repair despite the passage of a reasonable amount of time. It is not impossible to pursue a case against either a vehicle manufacturer or a government agency responsible for the design and maintenance of roads. However, suing such parties and winning is certainly a complex and challenging task that is very difficult for anyone without legal expertise and that is why having an experienced and focused lawyer on your side is important. Accomplished Auto Accident Attorneys in New York are Here to Help If you or a loved one has been injured in a car accident caused by a defective vehicle, you can pursue a lawsuit against the company that manufactured, distributed, or supplied the vehicle. If your accident was caused due to poor road conditions, it may be possible to file a lawsuit against the concerned governmental agency. While it is not impossible to win a lawsuit against large corporations, business entities and governmental agencies, it is certainly a difficult task for an ordinary citizen to handle on their own. At Rosenberg, Minc, Falkoff & Wolff, LLP, we have several years of experience in helping clients who have been injured in accidents caused by vehicle and road defects. Our team of automobile accident attorneys has the resources, network, and competence to build a strong case for you. We can handle all the legal paperwork and make sure evidence is procured, preserved, and presented in a manner that is designed to help you win the compensation you deserve. Call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free review of your case Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

The National Highway Traffic Administration (NHTSA) statistics show that in 2018, more than 9,500 people were killed by speeding drivers, and close to 400,000 were injured in accidents caused by distracted drivers. Both speeding and distracted driving may be considered acts of reckless driving that are responsible for many accidents in New York. The National Highway Traffic Administration (NHTSA) statistics show that in 2018, more than 9,500 people were killed by speeding drivers, and close to 400,000 were injured in accidents caused by distracted drivers. Both speeding and distracted driving may be considered acts of reckless driving that are responsible for many accidents in New York. People often use the term “reckless driving” to describe risky driving maneuvers such as speeding or weaving between lanes in traffic, that are likely to cause a collision. However, under New York Vehicle and Traffic Law, there is a specific definition of what constitutes reckless driving. Anyone who violates the rules of the road and drives in a manner that shows disregard for the safety of others on the road can be said to have indulged in reckless driving. According to New York law, reckless driving refers to “driving a vehicle in a way as to interfere with the proper and free use of the public highway or poses a danger to those using the public highway.” This is quite a broad definition and implies that even drivers who do not collide with an object or cause an accident can receive a ticket for conduct that poses a danger to public safety on the road. Some Examples of Reckless Driving In New York, reckless driving is prohibited and strict penalties are levied on persons who drive recklessly. Such driving is considered a misdemeanor punishable by law. Some examples of reckless driving include: Excessive speeding Driving when under the influence of alcohol or drugs Abrupt changes in lane Turning in an improper manner on highways or busy roads Distracted driving due to talking or texting Ignoring stop signs or red lights at signals Carrying passengers above the permitted levels Driving under fatigue Tailgating Driving on the sidewalk or over the curb Hit and run incidents Passing by a stationary school bus Racing other motor vehicles on the road As the examples indicate, the broad definition of reckless driving allows the law enforcement agencies the discretion to identify actions that can be dangerous to the safety of others on the road. The particular circumstances of a case will decide if the offense is considered severe or mild. A motorist driving through a red light is dangerous of course, but not as much as an intoxicated driver speeding through a stop sign. Some of the following factors are considered to decide if an incident falls under the reckless driving category or not: The time of day when the accident occurred The conditions of the road where the accident took place Prevailing weather conditions How familiar the driver was with the area where the incident occurred Courts often judge the severity of the reckless driving offense on the basis of how much of a conscious disregard the offending driving had for the safety of other people on the road. Aggressive Driving Accidents in New York City Aggressive driving refers to situations in which a driver drives in an erratic, unpredictable manner by swerving or speeding or engaging in any other reckless behavior with the intention of causing harm to someone else. Drivers who indulge in such type of driving are often charged with reckless driving by law enforcement agencies and this leads to criminal charges against them. In cases where aggressive driving has caused a fatal outcome, the driver may also be prosecuted for murder or vehicular manslaughter. What Happens if You’ve Been Hurt in a Reckless Driving Accident? An accident caused due to a driver tailgating, speeding, driving on the curb, or making an abrupt lane change may all lead to a charge of reckless driving. This charge is considered as a misdemeanor which is a criminal charge and therefore, viewed with far more concern than a mere traffic citation for speeding. Drivers who are charged with reckless driving will have to face criminal prosecution. If they are convicted of the charge, they may be fined, face imprisonment, acquire a permanent criminal record, have points added to their license, and have their car premiums increased. While these events will take place without your involvement, you will need to take legal action on your own if you wish to recover damages for the loss and injuries you suffered due to the accident. Under New York law, you have the legal right to file a civil lawsuit to seek compensation to cover your expenses for medical treatment, vehicle damage, and loss of income. What are the Consequences of a Reckless Driving Accident on the Victim? Being in an accident caused by reckless driving on the streets of New York may lead to devastating consequences. Most victims hurt in such incidents suffer from injuries such as: Broken bones Loss of vision Traumatic brain injuries and concussions Whiplash and other soft tissue injuries Spinal injuries including herniated discs Burn injuries Some collisions may also lead to injuries that necessitate amputation, leading to a permanent disability. Besides the physical injuries, victims of such accidents may also suffer emotional trauma due to the shock, and this puts them at greater risk of developing post-traumatic stress disorder (PTSD). Victims may experience repeated distressing dreams or intrusive thoughts of the accident. Some persons develop an avoidance of situations that involve driving or visiting the area where the accident took place. Most people hurt in a reckless driving accident often find their lives changed irreparably after the incident. Losses Suffered by Reckless Driving Accident Victims The victim who has been injured in a reckless driving accident in New York is entitled to seek compensation for the following types of losses they have suffered: Medical expenses that have been incurred during the treatment process. This may include the cost of hospitalization, diagnostic tests, procedures and any surgery performed, doctor fees, medication costs, and therapy expenses. Suffering and pain that they have suffered during and after the accident that was caused due to the reckless driver’s negligence. Emotional trauma due to PTSD or due to depression brought on by the changed life circumstances arising after the accident. Loss of income due to an inability to return to work or due to reduced work capacity arising from an injury sustained in the accident. Loss of enjoyment of daily activities, exercise, hobbies, or recreation. Why You Need Legal Help in Reckless Driving Accidents Any car accident in which the offending driver was ignoring traffic laws, speeding, driving aggressively or dangerously or driving under the influence of alcohol may lead to a charge of reckless driving. If the law enforcement agency believes the accident to be a case of reckless driving, they will cite the driver at fault immediately at the accident scene. Even in case there is no citation, skilled car accident lawyers have the resources to thoroughly investigate all the facts of the crash and determine if there is a valid ground for a case of reckless driving. Filing a civil lawsuit to claim damages for the loss you suffered is not an easy task. There is a lot of complex paperwork to be filed with the courts within strict deadlines. You may be approached by the insurance agencies or attorneys representing the party at fault for the accident, and it can be difficult to gauge if the settlement they offer is a fair one. Having an independent investigation into the accident can help uncover facts that were not revealed during the official investigation. An experienced personal injury attorney in NYC can also help you build a strong case with testimony from medical and financial experts to increase the chances of your winning the compensation you deserve. Schedule a Consultation with a Reckless Driving Accident Attorney in New York Being involved in an accident can be devastating for the victims. Not only do they have to suffer physical pain, but they also undergo emotional suffering and sustain a loss of income that can affect their entire family’s lifestyle. When these effects occur as an outcome of a reckless driving accident, it is even more unfair because you have been hurt for no reason, merely due to the erratic behavior of the reckless driver. At Rosenberg, Minc, Falkoff & Wolff, LLP, we understand how difficult it can be to deal with such situations. While the law will take its course as the police press criminal charges against the reckless driver, it is vital that you file a civil lawsuit to claim compensation for all the loss and suffering you have had to suffer due to the accident. Our compassionate personal injury lawyers have several decades of experience in handling different types of car accidents in New York, including those caused by reckless driving. If you or a loved one has been a victim in a reckless driving accident in New York, you should get in touch with our experienced car accident personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP by calling 212-344-1000. We will provide you a free case evaluation and offer the best possible legal advice about your potential personal injury claim. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Interstate 95 or I-95 is one of the most dangerous highways in the United States, a report based on a new study on auto-accidents in NYC has found. The highway that helps drivers cross the Washington Heights and the Bronx has three significant accident hotspots. The report by Go Safe Labs, a non-profit organization, included all of the three spots in the list of the top ten least safe places for drivers in 2020. With more than 100 automobile accidents and crashes reported at each of the hotspots in 2019, researchers are not surprised considering that these sites are also included in the list of most traveled routes in the US. Interstate 95 or I-95 is one of the most dangerous highways in the United States, a report based on a new study on auto-accidents in NYC has found. The highway that helps drivers cross Washington Heights and the Bronx has three significant accident hotspots. The report by Go Safe Labs, a non-profit organization, included all three spots in the list of the top ten least safe places for drivers in 2020. With more than 100 automobile accidents and crashes reported at each of the hotspots in 2019, researchers are not surprised considering that these sites are also included in the list of the most traveled routes in the United States. I-95 Crash Hotspots: A Breakdown One of the three accident hotspots on Interstate 95 in NYC is situated where drivers approach the George Washington Bridge and where Interstate 95 crosses Riverside Drive. The other two are located at both ends of the Alexander Hamilton Bridge, which connects the Bronx to Washington Heights. Go Safe Labs' findings are based on 1.8 million accident records gathered between 2018 and 2019. The most dangerous of these hotspots is the one at the end of the Alexander Hamilton Bridge on the Washington Heights side, with 208 crashes recorded in 2019 alone. The second hotspot with 142 car crashes in 2019 is located on the other side of the Hamilton Bridge; to the Bronx's end. The George Washington Bridge and Riverside Drive crossing crash point observed 132 accidents in 2019, placing it at number seven on the list of the most dangerous routes in America. The number of crashes on I-95 grew by 6.8 percent from 2018 to 2019. Despite these numbers, Houston tops the list as the city with the most number of hits. On the other hand, New York City is not mentioned in the top ten list of cities with most car crashes. But when we look at the data, the I-95 alone accounts for a significant chunk of the overall highway crashes in NYC. The dangerous cash points here are surrounded by bridges and overpasses and witness dense traffic for most of the day. The wing-walls, entrance posts, and slopes also increase the risk of crashes. NYC is known as a dangerous place for commuting due to the high number of car accidents. These accidents injure and kill hundreds of people every year. Road quality and maintenance are the state's responsibility, which means you can hold the government accountable for accidents that happen due to the authorities' negligence. The Legal Aspect Sustaining injuries in car accidents could entitle you to financial compensation. Also, if someone is killed in such an incident, their family members can file a lawsuit for damages. To file a strong case and get compensation, you will need the help of an experienced personal injury lawyer. Accident lawyers specialize in different cases. By using the service of an attorney who has experience in handling cases similar to yours, your chances of winning the case will increase substantially. Depending on the incident's nature, it would make sense to hire a personal injury attorney, a car accident attorney, a wrongful death attorney, or a pedestrian injury lawyer to pursue your case. Discuss your case with a personal injury lawyer NYC to find out if it makes sense to file a lawsuit. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

While driving in New York, you might find yourself in a situation that calls for pulling over to the shoulder of the road. It might seem safe to do. However, it is one of the places on the road that is most fraught with danger. For this reason, this step should only be taken in emergency situations when there are no other options. Statistics can clearly show the dangers of pulling off of the road, even in emergencies. The shoulder of the road is the place where more than 1,500 people get injured or killed annually. Due to the dangers of this maneuver, determining liability can be complicated. It might be possible that a driver, while trying to pull over onto the shoulder, does not pull over far enough and obstructs the nearest lane. This can dramatically increase the chance of an accident. Since oncoming cars can easily confuse vehicles on the shoulder as vehicles in a different lane, the probability of accidents can definitely increase. Often, this results in a crash. What Causes Shoulder of the Road Accidents? While it is unavoidable at times, the shoulder of the road is a dangerous place to stop at. Often, drivers do this when they suspect a problem with their vehicles. Pulling over to the shoulder happens more frequently during the peak summer and winter months as the extreme levels of heat or cold can cause cars to develop faults or breakdowns. The most common reasons why motorists might choose to pull over include: Bad weather Empty fuel tank Distractions that need immediate attention Issues with the tires Issues with the brake Problems with the engine While these may seem reason enough to justify safely bringing the vehicle to a stop, parking on the shoulder of the road is still a risky proposition. The risk of collision can increase significantly when a car is parked on the shoulder of the road, especially if it blocks the nearest lane. In the event of an accident, both the parked vehicle and oncoming traffic can face injuries. Preventing a Shoulder of the Road Accident Experts can testify that shoulder of the road accidents can be serious and even fatal. It can affect both innocent victims and those at fault. It is always smart, therefore, to be responsible and prevent these accidents. This is what you should do if you experience car problems on an expressway: If possible, exit the expressway If you absolutely must pull over, safely pull over to the right side Turn on the hazard lights of your vehicle Ensure that no part of your vehicle is jutting out on to a traffic lane Do not exit your vehicle with oncoming traffic Call for help if you need Similarly, if you see a vehicle stopped on the shoulder, you should: Safely move a lane away from the vehicle Ensure that there is enough room for other cars or emergency responders on the shoulder If you see crews working on the side of the road, slow down Watch out for people emerging from vehicles parked on the shoulder Here are some things you can do if riding a bicycle: Always use a reflector and a headlamp Remember that other drivers might not be able to see you and proceed with caution Try to avoid riding a bicycle in bad weather Ensure full compliance with all local and state traffic rules How To Determine Fault in a Shoulder of the Road Accident? Shoulder of the road accidents can result from many factors. While it might be complicated to determine fault, you can definitely pursue just compensation for your losses with the help of competent legal representation. At Rosenberg, Minc, Falkoff & Wolff, LLP, we can provide you excellent legal guidance and support to you as we have vast experience in handling such cases. Several important factors must be taken into account while determining fault in a shoulder of the road accident. These include: Where the car was parked on the shoulder and whether it was blocking any traffic lane If the driver had turned on the hazard lights of the parked car The reasons why the driver chose to pull over and whether there were viable alternatives Why the moving vehicle collided with the one parked on the shoulder Weather conditions and the time of day In order to recover compensation, the negligence of the driver assumed to be at fault needs to be established beyond doubt. This is accomplished by establishing that the driver at fault had a duty to not impede traffic or avoid the vehicle on the shoulder. The dereliction of this duty is what needs to be responsible for the accident, directly causing damages to the plaintiff. These nuances can make determining fault in  shoulder of the road accidents quite complicated. If you or someone you care about has suffered a shoulder of the road accident, it is smart to look for a tenacious and experienced New York attorney to act on your behalf. Shoulder Of The Road Accidents – Possible Scenarios Being stuck on the shoulder because of an emergency In general, motorists avoid parking on the shoulder. An emergency or a mechanical problem can force their hand and this is where shoulder of the road accidents mostly stem from. You might have to pull over due to overheating, a flat tire, or a blowout. In such cases, trying to park on the shoulder might be the only option you have left. However, there is always a chance that you are stuck on the shoulder of a busy city street, an interstate roadway, or a bustling freeway. The likelihood of getting a safe, low-traffic area with a wide shoulder can be very low. Therefore, while pulling over might be the only way to deal with the issue you face, it still remains a dangerous thing to do. Inclement weather conditions and high speed While pulling over to the shoulder can be reason enough to be nervous, certain factors can make matters a lot worse. Speeds in excess of 65 miles per hour can be commonplace in freeways. Add bad weather and distracted drivers to the mix and the potential for disaster can skyrocket. The margin of error here can be minuscule. There is very little likelihood of getting a safe and wide shoulder where you can relax. You can be very close to heavy traffic. Bad weather can diminish visibility. While it is recommended for drivers to adjust their speeds depending on road and weather conditions, things do not work that way most of the time in reality. Roadside emergency troubles Shoulder of the road accidents typically start with a roadside emergency of some kind. Something as simple as an empty gas tank or a flat tire can be responsible. You might do the responsible thing and pull over to the shoulder, remain vigilant, check your mirrors, and look both ways before stepping out of your car. You can try your best to keep an eye on traffic while sorting out your emergency. You might have a friend who can provide help or a good Samaritan who would stop to assist. During any of these moments, you can fall victim to a severe accident. Has a Shoulder of the Road Crash Caused You Injury? In spite of trying to be as safe as possible, a shoulder of the road accident can happen to you at any time, especially in the case of another driver displaying negligence on the road. If you get injured or someone close to you loses their life, you might have the door open to bring a civil claim against the driver at fault. According to New York laws, you can seek compensation regarding: Your pain, suffering, and mental trauma Any medical bills you incurred as a result of the accident Any income you might lose being rendered unable to work Loss of companionship Having a seasoned lawyer by your side can make things easier following an unfortunate accident. At Rosenberg, Minc, Falkoff & Wolff, LLP, we take pride in providing stellar legal services to victims of accidents who suffer because of the negligence of others. With our help, clients in New York have been able to recover millions of dollars in damages. Our reliable attorneys can help you with your search for adequate compensation after a shoulder of the road accident. You can get the process started by scheduling a consultation with us by filling our online contact form or calling us at 212-344-1000. We do not charge any fee until we win compensation for you. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Unsafe lane changes can be incredibly risky – for the motorist who is moving into the lane as well as for the motorists that are already occupying the lane. The National Transportation Safety Board (NTSB) reports that unsafe lane changes are responsible for more than 530,000 accidents – accounting for approximately 10% of all roadway accidents – every year. When a motorist suddenly decides to move into a lane, the risk of a collision is very high, as they might momentarily lose control of their vehicle and collide with another vehicle which is already occupying the lane. In some cases, the motorist who is already occupying the lane might notice the oncoming vehicle and try to take evasive maneuvers, which in turn might cause them to lose control of their vehicle and collide with another vehicle or a stationary object. Unsafe Lane Change Accidents – A Look at the Most Common Contributing Factors Data shows that in a vast majority of cases, lane changing accidents are caused by the negligence of the motorist who is moving into the lane. Given below are the most common causes of lane changing accidents. Failure to Check Blind Spots The term blind spot refers to any area – directly behind or on either side of a vehicle – which is not visible to the driver. While rear-view mirrors and side mirrors can greatly reduce a vehicle’s blind spots, they cannot eliminate them altogether. This is why motorists must look over their shoulders and check their blind spots before switching lanes. When they fail to do so, the likelihood of a collision increases considerably. Drunk Driving Drunk driving can increase the risk of vehicular accidents – including and especially lane change accidents – to a significant extent. A drunk motorist might not be able to judge the distance between their vehicle and the vehicles that are already occupying the lane, as a result of which they are more likely to a collide into another vehicle. Alcohol is also known to affect motor skills, which means a drunk driver is more likely to lose control of their vehicle compared to a sober driver – especially while changing lanes. Distracted Driving A motorist is supposed to keep their eyes on the road and hands on the wheel all the time. If they get distracted for any reason – eating, chatting with passengers, texting, or talking to someone on the phone – they are more likely to make a mistake that can result in an accident. Especially, if a motorist gets distracted while changing lanes, they might fail to check if it is safe to do so and as a result might collide into another vehicle. Unsafe Driving Habits If a motorist drives in an unsafe or reckless manner, they are more likely to cause an accident, especially while performing risky maneuvers like lane changing. Unsafe driving habits that can cause lane changing accidents include: Speeding Failing to signal before attempting to change lanes Attempting to change more than one lane at the same time Attempting to change lanes at a busy intersection Drifting into a lane in a reckless manner Lane Changing Laws in New York Section 1128 of New York State Vehicle and Traffic Law requires motorists to check whether it is safe to make a lane change before attempting to do so. If they fail to do so, and if their actions result in an accident, they can be legally held responsible for resulting damages. How to Determine Fault in a Lane Changing Accident in New York? In most cases, the motorist who enters or merges into a lane will be held responsible for any accident resulting from their actions. This is because the motorist who attempts to change lanes is legally required to check whether it is safe to do so. Even if a motorist believes that it is safe to enter or merge into a lane, they must use their turn signal to alert the motorists who are already occupying the lane. Failing to use the turn signal, especially while changing lanes, is considered a traffic violation in New York. So, in case of a crash or a collision, the merging driver will be held responsible for the resulting damages. Comparative Negligence Doctrine in New York Since 1975, New York has been following the comparative negligence doctrine for assigning liability in personal injury cases. Under the doctrine of comparative negligence, both parties involved in an accident can be held liable for the resulting damages, depending on the extent to which their actions contributed to the accident. For instance, if two motorists attempt to change lanes at the same time – a practice commonly referred to as sideswiping – they can both be held equally liable for the accident. Similarly, if a motorist who is already occupying the lane tries to prevent another motorist from merging into the lane, they can be held liable for the accident as well. In these kinds of cases, the amount of compensation awarded to the victim will be reduced in proportion to the degree to which their actions contributed to the accident. If, for example, you are found to be 20% at fault for the accident, and if you have been awarded $100,000, your compensation will be reduced by 20%, which means you will receive $80,000. The comparative negligence doctrine makes it easier for lane change accident victims to sue the driver at fault, even if their own actions contributed to the accident to a certain extent. In contrast, in states which follow the contributive negligence doctrine, if a victim is found to be partially at fault for the accident, they will lose the right to seek compensatory damages from the at-fault motorist. Interestingly, prior to 1975, New York also applied the contributive negligence doctrine for personal injury cases. In 1975, it was changed into a pure comparative fault law, which is fair to all the parties involved in an accident. Penalties for Unsafe Lane Changes in New York If a motorist in New York attempts to change lanes in an unsafe manner and causes an accident, they can be held liable for the injuries and property damage resulting from the accident. In addition to this, they also have to face the following penalties. A fine of $150 (if it’s their first offense), a fine of $300 (if it’s their second offense within a span of 18 months), or a fine of $450 (if it’s their third offense within a span of 18 months) A state surcharge of $88 or $93 Three points on the driver’s license It should be noted that if a driver receives six points within a span of 18 months, they have to pay a Driver Responsibility Assessment (DRA) fee of $300. They have to pay $75 for every point they receive over six. If they receive 11 points within a span of 18 months, their driver’s license will be suspended. Compensation for Victims of Lane Change Accidents in New York If you are injured in a lane change accident as a result of another motorist’s negligence, you can seek compensation for the following damages. Medical expenses (the costs associated with surgery, hospitalization, physical therapy, medications, and mobility aids) Lost wages Reduced income capacity, if you are left with a physical or mental disability which restricts your ability to work and earn money Pain and suffering Emotional distress Diminished quality of life How a Lane Change Accident Lawyer Can Help You An experienced lane change accident lawyer can take care of all the legwork involved in filing a personal injury claim or lawsuit against the at-fault party, including: Investigating the accident to find out who was at fault. Gathering the evidence needed to establish the at-fault motorist’s liability. Gathering the documentary evidence needed to support your personal injury claim, including your medical bills, prescriptions, physician’s report, and proof of lost income. Handling the paperwork associated with filing a personal injury claim. Negotiating on your behalf with the at-fault motorist’s insurance company for a settlement. Filing a personal injury case in a court of law to recover damages from the at-fault motorist. Experienced Lane Change Accident Lawyers in New York If you or someone in your family has been injured in a lane change accident in New York, the personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff, LLP can help you. Our law firm has been representing victims of vehicular accidents for nearly a century. Our attorneys have the skills, resources, and trial experience needed to establish the liability of at-fault motorists in personal injury lawsuits involving lane change accidents. We are proud to say that we have a 95% success rate and have recovered over one billion in compensatory damages for our clients over the years. If you or any of your family members have been injured in a lane change accident, call us today at 212-344-1000 to schedule a free consultation with one of our New York lane change accident lawyers. We can help you get justice and make sure you receive the compensation that you are entitled to. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Nearly 60,000 accidents and 500 fatalities happen each year in garages and parking lots as per data collected by the National Safety Council. Cars and other vehicles have blind spots which can make bicyclists, pedestrians, motorcyclists, and other automobiles almost invisible to a careless driver that forgot to check their immediate surroundings before backing up. Understanding Backover Accidents Backover accidents take place when a truck, car or SUV strikes a non-occupant such as a bicyclist, pedestrian or another car while backing up. Almost 60% backover accidents involve vans, trucks, SUVs and other large sized vehicles with significant blind spots or large areas immediately behind the vehicle which is unseen by the driver. The primary concern for a new driver is to check their surroundings. Unfortunately, as we get older we become overconfident in our driving abilities and fail to check blind spots or surroundings adequately. There are more than 18,000 backover accidents resulting in injuries each year as reported by the National Highway Traffic Safety Administration (NHTSA). Out of these, nearly 3,000 result in incapacitating injuries. Children below the age of 5 are at a particular risk of not being seen by drivers owing to their small stature. New York Drivers’ Duty While Backing Up Backing up accidents can cause severe injuries and even death. This is especially true when the person injured is a bicyclist, unprotected pedestrian or a motorcyclist. Owing to the serious nature of these accidents, Section 1211 of New York State Vehicle and Traffic Law requires that no driver will back their vehicle without checking their surrounding and establishing that their movement does not interfere with traffic. It constitutes to negligence when a driver fails to adequately check their surroundings before backing up. This means that drivers in a backover accident can be held legally liable for all damages and injuries as a direct result of the accident if they failed to ensure that the path was clear. You may be entitled to recover compensation if you or a loved one was injured by a truck, car or SUV that backed into you. Backing Up Accident Causes The primary cause of backover accidents is a driver not seeing the other person because they are essentially in the blind spot. This refers to the area right behind the vehicle which is unseen by the driver through the back window, rearview mirrors or side mirrors. Large vehicles like vans and SUVs tend to have larger blind spots. This necessitates drivers to be extra cautious when driving in reverse. Backup cameras are certainly helpful. But, the drivers still need to carefully ensure that the path is clear for them to safely reverse. Another cause of backing up accidents is failure to ensure that no one is moving behind the vehicle. This is quite common in parking lots which see a lot of pedestrian traffic walking directly in the path of drivers who are backing up. Drivers must make it a habit to carefully look in all directions before hitting reverse. They should never rush into backing up. Instead, should move cautiously and slowly to prevent an accident. On an average 18,000 injuries and 290 deaths occur each year in the country because of backover accidents as reported by the National Highway Traffic Safety Administration (NHTSA). Most victims are under 5 years old or above 70 years of age. Majority of backover accidents take place in residential driveways and parking lots. Additionally, bicyclists and pedestrians are the most frequent backover accidents victims. Backover Accidents Cause Crippling Injuries in Children Unfortunately, most drivers that hit a child while backing up barely realize they have struck someone. Majority of children that get hit are generally not tall or bulky enough for drivers to see in the rear view or side mirrors. The child falls after being struck and the automobile continues to move. Children that get knocked to the cement or asphalt suffer deadly and debilitating head injuries and fractures. Many even get dragged by the car if a piece of their clothing or body part gets caught in some part of the vehicle. Children can easily get crushed and rolled over by the vehicle if it moves after striking them. The sad part is that most parents and their relatives cannot recover from the guilt consuming them for the rest of their lives. How can Backover Accidents Be Prevented? Backing up car accidents usually occur in residential areas and parking lots where children and adults walk close to the back of a vehicle. They are almost always preventable and failure to do so can result in serious and fatal injuries. Everyone has a part in preventing and reducing backover accidents. This includes the driver, car manufacturer, government, and people using the sidewalks and roads. The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has made it mandatory for all new vehicles to be equipped with a rearview video system (RVS) and other life-saving technologies. Backover accidents, in addition to driver assistance technology, can also be prevented by the following: Driver caution: It is imperative that drivers always look behind them, check their mirrors, and pay special attention to blind spots before backing up. Reversing slowly and being cautious can go a long way in reducing the chance of hitting someone or something. Bicyclist and pedestrian precaution: Bicyclists and pedestrians should be aware of where they are heading. They should look out for cars and drivers that may not be able to see them. This is especially important when approaching a steep incline, in a residential area, and while on the roadway. It is always better to be cautious than erroneously assume that the other driver will see you. This is true even when you have the right of way. Children education: Because children are at a particularly high risk of being injured in backover accidents, it is imperative that they be taught good practices. Accidents involving children can be prevented by teaching them not to play around cars. However, educating children can only go so far. Adults should keep an eye on their children when they are playing in the yard or near other cars. They should also hold their hands when walking in a parking lot. Driver assistance tech: A lot of accidents can be prevented with the help of backup sensors and mirrors. Using these safety devices in combination with adequate awareness of surroundings and driver caution can help prevent backover accidents. Prevention of Backing Out Accidents with Driver Assistance Technology The number of backover accidents can be greatly reduced with the help of driver assistance technology because they allow drivers to be better aware of their surroundings. Few technologies can even sound an alarm or a warning so as to avoid accidents. All new vehicles are mandated to come with such devices for increased road safety. Technology that aids drivers to avoid backing out accidents includes: Rear Automatic Braking: These systems help engage the automobile’s brakes to avoid colliding with another person, object, or animal behind the vehicle. Backup Camera/Rearview Video System: These provide drivers with a clear rear view of the vehicle. It is easy to see a person, object, or animal behind the vehicle. Rear Cross Traffic Alert: This system sounds an alarm to warn the driver when it senses a potential collision with any object or car that doesn’t fall within the view of the backup camera. It is important to understand that having just driver assistance technology is not enough and you cannot replace it for driver caution. Even if your car is equipped with all these technologies, you still need to check your surroundings and be careful of all blind spots prior to backing up. The few extra seconds it takes to do this could be the difference between life and death. You may be entitled to compensation if you or your loved one suffered injuries because a driver did not exercise caution while backing out. Consult With an Experienced Backover Accident Attorney Today At Rosenberg, Minc, Falkoff & Wolff, LLP in New York we have the experience of representing victims of a broad range of accidents, including bus, truck, car, and motorcycle crash. Our dedicated litigators are aware that when it comes to backover accidents, there are a multitude of sensitive and devastating factors that need to be addressed. Sadly, most victims that fall prey to these tragic accidents are small children. All our backing up accident lawyers have required experience and background to successfully prosecute your case from the start through the matter’s conclusion, whether it is arbitration, mediation, settlement or verdict. Additional court proceeding called ‘infant compromise’ is initiated when the victim of a backing up accident is a child. This requires a certain level of preparation to increase the likelihood of the Judge approving settlement if the case gets resolved without going to trial. The attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have resolved a wide variety of such lawsuits over the years. Give us a call today at 212-344-1000 for a free consultation with one of our esteemed and qualified attorneys. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Distracted driving due to cell phone use while behind the wheel is a major cause behind many car accidents in New York. Since 2009, accidents related to texting and cell phone use in New York have risen by a whopping 86% according to comprehensive analyses by TrafficTickets.com based on the DMV data. In 2009 alone, 650 accidents were recorded in New York where a driver was found texting or using a cell phone while driving. By 2018, that number had already increased by 86% to 1,212. Out of these accidents, 924 were caused solely because of cell phone use while driving. There can be a number of distractions resulting from cell phone use during driving. These can include: Talking on or listening to cell phones Texting while driving Using apps and social media while driving, especially in the case of teenage drivers Drivers below 20 comprise the most sizable percentage of those involved in distracted driving accidents in New York. Attending to a call or sending a text might take very little time. However, during that time, the risk of an accident becomes exponentially larger. In fact, during just 5 seconds spent texting, a car traveling at 55 mph can traverse the length of an entire football field without any driver input. The use of Bluetooth hands-free devices that prevent handheld cellphone use while driving has been on the rise. However, despite enabling drivers to keep their eyes on the road, these devices are still not fully effective. Talking on the phone using such a device might not cause a physical distraction but still be responsible for a mental one. Similar danger can result from smartwatch use, especially because most modern smartwatches have texting and calling capabilities. The temptation of looking at their wrists in order to check notifications can increase the risk of drivers manifold. This can be a distraction that significantly increases the chance of injury for the drivers and others on the road. Using a cell phone while driving can put many lives at risk. Drivers who commit this offense can be held liable for accidents and injuries that occur as a result of this activity. Cell Phone and Bluetooth Device Laws During Driving in New York Several state governments have put measures in place to curb cell phone use while driving, especially keeping in mind the consistent rise in car accidents in the United States due to distracted driving. Private employers and other concerned parties have also taken steps to reduce the risk of accidents by banning cell phone use during driving on the clock. There are appropriate provisions in New York State Vehicle and Traffic Law that aim to prevent traffic accidents caused due to the use of cell phones, PDAs, laptops, smartwatches, pagers, and other similar devices. The laws clearly state that: “No individual must operate an automobile while using a portable electronic device while the motor vehicle is in motion.” The prohibited activities include: Holding an electronic device Reading, browsing, saving, sending, accessing, composing, retrieving, or transmitting electronic data like webpages, text messages, and emails Capturing, viewing, or transmitting images Playing mobile games Any violation of this law can put two points on the license and driving record of the concerned driver and bring a fine of up to $250. Federal Texting Ban for Bus and Truck Drivers Since the 26 th of January 2010, people driving commercial vehicles in the United States have been completely banned from using hand-held cell phones and texting during driving. According to the Department of Transportation (DOT), the definition of a commercial vehicle includes these criteria: Vehicles weighing 10,001 pounds or more Vehicles used or designed to carry nine or more people, driver included, in return for compensation Vehicles used or designed to carry 16 or more people, driver included, without compensation Vehicles transporting hazardous materials These restrictions were directly ordered by the DOT and are applicable for bus drivers and truckers across the whole country. Violation of this federal ban can result in fines up to $2,750. Cell Phone Use during Driving Can Be Responsible for Car Accidents When one party sues another for damages caused by a car accident, the person initiating the lawsuit requires to prove beyond doubt that the other involved driver was responsible for causing the accident due to careless driving. In a number of recent cases, plaintiffs have argued that the other driver was negligent and legally liable for their accident and injuries because of the use of an electronic device before or during the collision. Many courts have agreed with this argument. In some other cases, the injured plaintiffs have also been found to have contributed to the car accident due to their own cell phone use. There can be many examples of distracted and careless driving due to cell phone use, including: Driving with just one hand on the wheel. Taking eyes away from the road to handle a cell phone, send a text message, or dial a phone number. Inability to pay adequate attention to surrounding traffic dangers due to distractions brought about by cell phone use (this can also include distractions caused by the cell phone use of a passenger). Getting distracted due to a cell phone conversation, including one using a hands-free device (studies indicate that involvement in any kind of conversation, especially one that is emotionally charged, can cause driver distraction and result in careless driving). Regarding Employees Conducting Business on Cell Phones If an employee was busy in a call or text message related to work during an accident, their employer can be held legally responsible. In such cases, the injured party is more likely to bring a lawsuit against the employer rather than the employee due to the notion that the employer would have more financial resources to pay damages or settlements. This is the main reason why more and more employers completely ban employees from using electronic devices and phones, both issued by work or personally owned, during driving. Cell Phone Use by Children: Are Parents Responsible? In many cases in recent years, a common argument by the plaintiffs has been that parents should be legally liable for car accidents caused by cell phone use by their children. In these cases, a minor child would be using a cell phone during driving that has been provided to them by their parents. While the law on this is still unclear, parents should definitely avoid encouraging their children to use their cell phones during driving. It is also important to keep in mind that many states have specific cell phone laws for novice drivers and teenagers. In these states, there can be more stringent restrictions for teenagers than adults when it comes to cell phone use behind the wheel. Important Points about Insurance Insurance companies have started to sit up and take notice of the close connection between car accidents and cell phone use. Several car insurance websites provide warnings regarding the dangers involved in distracted driving. If you are ticketed for cell phone use while driving or for causing a car accident due to cell phone use, it is highly likely that your insurance premiums would rise steeply. The best strategy to avoid this is to completely eliminate the chance of accidents by removing driver distractions. Important Steps in Building Your Case Here are some of the important steps that competent personal injury attorneys in New York at Rosenberg, Minc, Falkoff & Wolff, LLP will usually suggest to clients: Subpoena the other driver in order to obtain their cell phone records. These can be instrumental in proving that the driver was using their phone during the accident. Conduct witness interviews to determine if anyone observed the driver prior to the crash. If eyewitness accounts show that the driver was looking down, it can point to cell phone use. Ask for video footage from security cameras in the area. Subpoena the motor vehicle record of the other driver to find out if they have a prior history of unsafe driver behavior or traffic accidents. Properly examine the vehicle of the other driver to reconstruct what might have happened. For example, if you find food on the floor, it might be possible that the driver was eating during the accident. Question the other driver under oath during a deposition. Hiring the Best New York Distracted Driving Accident Attorneys If you have suffered financial, physical, and emotional trauma due to a car accident caused by a negligent driver who was using a cell phone, we at Rosenberg, Minc, Falkoff & Wolff, LLP can help you build a strong case and push for compensation. Our skilled and experienced personal injury attorneys in New York will help you collect evidence that determines liability and helps settle your claim for the maximum amount possible. You can get in touch with us for a consultation using our online contact form or by calling us at 212-344-1000. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Sideswiping accidents typically occur when a car driver makes a mistake in judging the distance between their car and other cars on the road or suddenly swerves into an adjacent lane. This can cause severe injuries and even result in death of someone. The Insurance Information Institute reported 940 fatal sideswipe accidents in 2016 alone, according to a study by the Department of Transportation, National Highway Traffic Safety Administration. Understanding Sideswipe Car Accidents According to the National Safety Commission (NSC), a sideswipe accident takes place when two vehicles traveling parallel to each other converge and collide. In most cases, this happens as a consequence of: Wandering from a lane due to distracted driving Failing to properly merge or safely change lanes Wavering from a lane due to impaired driving brought on by alcohol or drug use Overcorrecting when confronted by a road hazard Incorrectly judging the distance between vehicles Sideswiping accidents are common and can occur anywhere at any moment. Every year, 242,000 such accidents happen in the United States, causing an average of 27,000 injuries and 2,500 deaths, according to the NSC. Ascertaining Liability in a Sideswipe Accident According to the Consolidated Vehicle and Traffic Law of New York, “A motor vehicle must be driven as far as possible entirely within a single lane and must not move from the lane until the driver has first determined that such movement can be safely made.” This means that car drivers in New York are obligated to keep to their lanes unless they can practically deem it safe to change lanes. Drivers can change lanes dangerously either by accident or on purpose, because of factors like distractions, fatigue, and blind spots. No matter what the reason may be, the driver who breaks from their lane would most likely be responsible for the sideswipe and would be liable for any resultant collision and damage. Due to the negligence of the driver, their insurance company may also be liable to reimburse ensuing costs and medical bills. Have you or someone you care about faced a severe injury or death due to a sideswipe collision resulting from the negligence of another driver? If yes, you may have a strong case for compensation to cover your damages occurring from physical and mental trauma, lost wages, and medical bills. Causes of Sideswipe Accidents in New York While sideswipe accidents in New York can happen due to a variety of reasons, some of the most common factors include: Drivers who fail to look and check the opposite lane before changing lanes Aggressive swerving between lanes, which can be dangerous to motorists and pedestrians alike Drivers not being able to properly merge while entering highways or interstates Distractions like looking at an accident nearby and taking eyes off the road Driver fatigue brought on by unreasonably long periods of driving Impaired driving brought on by the influence of drugs or alcohol Quick swerving to avoid another vehicle Swerving to avoid a pothole Mechanical failures in the steering mechanism of the car Distractions due to texting or talking on the phone while driving Eating during driving Swerving to avoid objects or debris on the road Sideswipe Accidents: Who is at Fault? Determining fault in a sideswipe accident can be a complicated process. Some of the key factors may include the location of the vehicle within the road lines, their direction of travel, and where they end up on the road. Statements from the involved drivers and nearby witnesses can be used to determine fault. If one driver was keeping to their lane while the other was crossing a lane divider or central lane, the latter would be held responsible for causing the accident. In New York, liability is apportioned under the comparative fault statute. This can make each party partially liable for the accident. If you were 50% to blame for the accident, the chance to collect damages can disappear completely. If your fault is ascertained to be less than 50%, the degree to which the court decides you are at fault would proportionally reduce your damages. For example, you are awarded $100,000 in damages in a sideswipe accident injury case. If the court decides that you are 30% responsible for the accident, your damages will decrease by 30% and you will end up receiving $70,000 as actual compensation for your personal injuries. Commonly Occurring Injuries A wide range of injuries, from minor to severe, can result from sideswipe accidents. These can include: Back pain Fractures Neck and back injuries, including those involving paralysis Brain trauma like concussions Severed limbs Death While people do not usually die in sideswipe accidents, more than 32,000 people die annually in the United States due to car accidents. If you or someone you care about has fallen victim to a sideswipe collision, you would require skilled and experienced legal representation to navigate the process of personal injury claims. What You Can Do After a Sideswipe Accident These five steps can get you started: Immediately place a call to emergency services. Even if you seem unaffected by the accident, the details need to be properly documented. The police officers on the scene would interview you, other drivers involved in the accidents, and witnesses and bystanders. These details would then be mentioned in the police report. Another way you can reliably document the accident is by taking detailed photos. Getting photos of the scene of the accident would help your attorney reconstruct the events that led to the accident. The photos can also help your case in court and help you out with the insurance companies. It is important to seek medical evaluation in haste. As soon as you can after the accident, you should get yourself thoroughly checked by a medical professional. Even if you do not feel pain or see visual cues for damage, there might be internal injuries. A doctor can help ascertain the nature and extent of your injuries and this documented evidence can come in handy while seeking compensation. You need to understand that insurance companies prioritize profits and not helping injured people. For this reason, always divert any attempted communication from insurance companies to your attorney. Even an absent-minded admission of fault can harm your case. Engage a personal injury lawyer immediately after the accident to handle communications with insurance companies. To know if you are eligible to file a personal injury claim, appoint a veteran car accident attorney. A law firm experienced with auto accidents, like Rosenberg, Minc, Falkoff & Wolff, LLP,can provide important insight regarding how much compensation you can seek and how you can go about recovering it. You should not be obligated to pay the costs arising from your injuries if you have no fault in the accident. A reputed personal injury lawyer can help you maximize your compensation. Damages that You Can Fight For The first thing you should focus on if you or someone you care about has been injured in a sideswipe accident is recovery. It is a good idea to delegate the legal complexities and the search for just compensation to a reliable and aggressive attorney. If you choose to work with us in these trying times, we can help you with: All present and future medical bills Costs related to rehabilitation Compensation for lost wages now and in future Damages related to pain, emotional distress, and other non-economic damages A lot of times, clients do not realize the financial liability that even minor injuries can bring. Medical bills can quickly pile up and the insurance company representing the other involved party can use your need for quick money nefariously and lowball you with a settlement offer that would be unlikely to cover your medical expenses. While your settlement might come in handy at present, it might not be enough to cover future costs. We, at Rosenberg, Minc, Falkoff & Wolff, LLP can advise you regarding the right settlement offer to sign using our vast experience dealing with similar cases. Benefit from Our Skills and Expertise There can be severe consequences resulting from sideswipe accidents, especially if the vehicles involved are at high speeds. New York law gives you the ability to seek compensation from the party responsible for causing you injury from a sideswiping collision. If you or someone you care about has sustained an injury in a sideswipe collision, the best foot forward would be to get in touch with a skilled and experienced lawyer who is well-versed in the legal nuances of personal injury cases and the medical issues resulting from car accidents. At Rosenberg, Minc, Falkoff & Wolff, LLP, we rely on a deep understanding of these nuances to help you obtain maximum compensation and the promise of a new life if you are a sideswipe accident victims in New York. Until we help you get the compensation you deserve, you do not need to pay us anything. You can schedule your appointment with our dedicated personal injury attorneys by using our online contact form or calling us at 212-344-1000. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

If somebody loses control of their car and the vehicle suddenly comes to a halt, their body still remains in momentum and keeps moving. This is precisely why it is vital to strap yourself to a seat belt whenever you are in a moving vehicle. However, this is not the complete solution as seat belts cannot provide adequate protection for your head and upper torso. If a vehicle is overturned or is rotated in awkward positions, then it may lead to severe injuries to a person’s head. The head may get crushed against steering wheel, windshield or the door. As these collisions could involve a large amount of force, they may cause skull fractures and other severe head or brain injuries in Brooklyn, New York. What is a Fractured Skull? A skull is made up of a large number of bones such as the temporal bone, the frontal bone, the occipital bone and the parietal bone, among others. If you sustain a skull fracture, then one or more of these bones may break. Skull fractures can occur in a variety of ways. A linear fracture forms a single fracture line and it goes from one area of the skull to the other. The comminuted fracture involves several bones, some of which may even float freely in the brain. In case of a depressed skull fracture, the pieces of free floating bones may be pushed into brain tissues, leading to brain damage. A compound skull fracture is an extremely serious condition and may involve rupture of the bone. Symptoms of a Fractured Skull: Brooklyn Auto Accident Any fracture in the skull generally results in a feeling of sharp pain in the head. The exact location of the headache may help in pinpointing the site of the fracture. The fractured skull bone and the surrounding area will also likely have bruising and swelling. In the case of open skull fractures occurring in a vehicle accident in Brooklyn, NY, the fracture may be accompanied by a laceration of the forehead or the scalp. The laceration may increase the risk of infection and as the skull cradles the brain, it may also cause brain infections including encephalitis or meningitis. The skull fracture may also involve the damage to the dura which covers the brain and contains the cerebrospinal fluid. This fluid may leak when the dura is damaged. This type of leakage may occur through nose or ears and offers a solid sign that there is a fracture in the skull. The Severity of a Fractured Skull Injury in a Car or Motorcycle Accident Many auto accident related skull fractures may lead to internal bleeding in the brain. They may also cause subdural hematoma or epidural hematoma, which needs to be addressed to in a timely manner. The broken bone may have to be removed surgically. Otherwise the injury may cause pressure in the brain, leading to further damage. Many types of skull fractures do not lead to hematomas but remain depressed, causing direct damage to the brain. The patient may show various symptoms such memory, loss, focal neurological deficit including paralysis of a limb, loss of consciousness or confusion. Some of these symptoms may be caused by brain bruising or swelling and may subside after a while, whereas others may become permanent. Following are some of the key signs of a fracture in the skull occurring as a result of an auto accident in Brooklyn, NY: Bleeding around the eyes, battle signs behind the ears, bruises in these areas. Altered pupil size. Issues in maintaining balance. Nausea Drowsiness or fatigue Changes in vision Vomiting Stiffness in neck Irritability Restlessness If there is any such sign, then it may be the indication of a fracture in the skill. In these types of cases, an immediate medical action is recommended so that the damage may be controlled. Medical Tests for a Fractured Skull in Brooklyn, New York There are various types of tests which may be used for detecting a fracture in the skull. A skull fracture is a serious medical condition and generally accompanies a TBI or traumatic brain injury. Following are the main tests which are used for diagnosis: X-ray Computed Tomography (CT) Scan Magnetic Resonance Imaging (MRI) Scan These tests have their pros and cons and therefore should be administered in a proper manner to avoid causing any further damage to the delicate brain tissue. X-Ray in the Diagnosis of a Fractured Skull An x-ray is one of the most widely used and oldest imaging techniques to identify fractures. This technique works on the basis of bone density. Bones are highly dense material and thus any fracture become highly apparent in x-ray images. The following types of skull fractures may be detected using this tool: Linear skull fractures Basilar skull fractures Diastatic skull fractures Should I Be Worried about Skull Fracture after a Motorcycle Accident in Brooklyn, NY? If there is a possibility of a skull fracture, then x-ray images should be taken from lateral, anterior and posterior views. This way, compound or linear fractures may be detected. Additionally, the existence of a foreign item like a fragment of the bone in the brain may also be detected. Nowadays, CT scans are also used for this purpose and this tool may also show extent of brain damage or inner bleeding due to the fracture. Once the bleeding is detected and the size and the area of injury is determined then a burr hole may placed in the skull. This is done to drain any hematoma in the brain. CT scan is helpful in detecting bleeding, bruises and bone scanning. How Common are Skull Fractures? Each year, there are nearly 42,409 cases of skull fractures admitted to the hospitals in the US. Many of these cases are of open head damage, representing nearly 0.02 percent of the total population or 1 in 6,413 people. The biggest risk associated with a broken skull is the closeness of the skull to the brain. Brain injury is the primary reason behind the high rate of mortality and morbidity associated with these fractures. Automobile accidents are one of the biggest reasons behind skull fractures. The driver or passenger may strike their head on the roof of the vehicle or may have hit the dashboard. In many cases, the victim may be ejected from their seat, hitting the ground or the windshield. A skull may also be injured upon a person falling from a height or from playing any sports. A fractured skull may be caused by a head injury. If these injuries are not treated promptly then they may cause long term complications in the brain, or even death. In many cases, the patient or their family may have a case for compensation if the accident and injury occurred due to another’s fault. A fracture in the skull may also be caused by child abuse and as a result of other forms of physical violence. Other penetrating injuries like an injury by a gunshot may also lead to fracture in skull. Types of Skull Fractures Any break in the skull may be referred to as a skull fracture. Some of the most prominent types of skull fractures are simple skull fractures, wherein the bone breaks apart but does not cause any damage to the skin. Compound skull fractures lead to the breaking of the bone and the damage to the skin due skull bone splintering. Linear skull fractures involve the damage to a cranial bone and the fracture looks like a thin line. Penetrating skull fractures are caused by an object piercing through the skull. These types of fractures cause localized and distinct injury to various tissues in the brain. They are typically severe in their nature and take a long time to heal. Brooklyn Vehicle Accident: Skull Fracture Complications Skull fractures in a motor vehicle accident in Brooklyn, NY may be caused in a variety of ways. The driver’s head may smash against the dashboard, steering wheel, vehicle roof or door, leading to fractured skull. In other cases, the victim may be ejected from the vehicle and may get fractured skull upon striking the ground. The major risk associated with a broken skull is the proximity of the skull to the brain. Minor injuries may resolve in a few days and may not require medical intervention. However, in the case of major injuries, it is important to have quick and timely medical attention as these fractures may cause many complications including brain damage, bruising, infection, and bleeding in the brain. These internal head wounds may cause confusion, loss of consciousness, memory lapses or limb paralysis. Some of these conditions may be temporary while others may linger on for a long time or may become permanent. Basal Skull Fracture – A Common Occurrence in Auto Accidents in Brooklyn, NY A vehicle accident in Brooklyn may cause many types of injuries, and basal skull fracture is among the most serious injuries. The victim’s skull may experience fractures in several places including its base. The base of the skull acts as a floor for the skull cavity. This is the place which cradles brain in the head. A basal skull fracture is considered highly risky as it may turn into a traumatic brain injury. If a part of the skull is broken off and it crashes with a brain tissue or any blood vessels in the brain, then the chances of a brain traumatic injury happening are quite high. This may further lead to an intracerebral hemorrhage or a cerebral contusion, causing several other complications or even death. Signs and Symptoms of Basal Skull Fractures The battle sign and the halo signs are two major indications of a basal skull fracture. If it is believed that a person has suffered a basal skull fracture then they should be administered a CT scan for confirming the injury. Once the existence of fracture is confirmed, the steps must be taken to heal the injury. If the fracture is displaced, then there may be requirement of surgery for putting the bones back to their place. However, if the fracture is not displaced then the patient should be kept under close scrutiny to watch out for complications. A Case Study: Skull Fracture Diagnosis after a Vehicle Accident Healthcare professionals look out for a variety of symptoms and signals for detecting basal skull fracture. These symptoms were studied in a recently published case study. A young male patient incurred a major vehicle accident which involved his vehicle rolling over multiple times after getting off the road. The resulting 911 call was promptly responded to by emergency medical professionals. The victim was assessed at the site of the accident. He was found to be in critical condition and was successfully intubated for the purpose of preserving the airway. The preservation of airway was important as otherwise the patient may have choked and died. The medical professionals stabilized the vital signs of the victim after the successful intubation. It was noted that the patient was wearing a seatbelt. He was taken to the local hospital, where he was properly examined. He was going in and out of consciousness but all of his four limbs were mobile. The physical examination of the patient showed blood coming from his right ear. The further investigation revealed a perforation in the patient’s eardrum and the blood was oozing out of the ear canal. The blood was soaked into the bed sheet and left a halo pattern, thus named the halo sign. This is a major signal of a basal skull fracture. Another major signal is the battle sign. The battle sign refers to the bruises on the mastoid bone. However, it may not be revealed by the physical examination. CT scans may be used for confirming such fractures. Contact Brooklyn Personal Injury Lawyers for Head Injury Cases including Cranium and Skull Fractures If you or someone close to you has undergone a serious head trauma or suffered a fracture in the skull in Brooklyn, New York due to a vehicle accident, then it is natural to have concerns about your current and future medical care costs and your ability to work and lead a normal life. We have a team of experienced auto accident skull fracture lawyers at Rosenberg, Minc, Falkoff, & Wolff law firm who understand all your requirements and will offer you the proper direction. Our legal team has extensive knowledge and experience in representing people who suffered complex head injuries and are seeking damages from the at-fault party. We are committed to providing you the best legal guidance and help you win the maximum possible compensation. If you are searching for a Brooklyn, New York law firm with long experience in dealing with brain injury and skull fracture cases, then you should contact us. We will provide you a no-strings attached case evaluation which will help you decide whether to pursue the case further. You may call Rosenberg, Minc, Falkoff & Wolff at 212-344-1000, or may contact us online today. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Drunk driving is a leading cause of serious and even fatal motor vehicle crashes within the state of New York and throughout the country. When drivers are intoxicated, they put their own safety in jeopardy and they put others at risk of being hurt as well. It is important to make a determination regarding whether a driver is impaired at the time an accident happens in order to fully understand the crash cause. If a driver is drunk, he or she could face criminal prosecution. Victims of a collision with a drunk driver could also work with a New York City car accident law firm to hold the intoxicated motorist accountable for serious injuries the driver may have caused. Now, thanks to a new bill put in place, law enforcement officers responding to a crash scene will be better able to make use of tools to determine if a driver was intoxicated at the time an accident occurred. The Democrat and Chronicle reported on the new policy being put into place to help crack down on drunk drivers. New York to Test Drivers for Intoxication After Serious Crashes According to the Democrat and Chronicle, the new policy to crack down on drunk drivers was signed into law in December and was ordered to take effect within 30 days of the law being signed. The new law expands the responsibilities of police officers who are first responders to the scene of a motor vehicle accident if the collision either caused a serious injury or caused a death. Now, among the responsibilities that police have as they investigate the cause of the accident is a responsibility to assess whether the driver was in violation of state traffic law or not. When police get to a crash scene, they are expected under the terms of the new law to ask drivers to take a field sobriety assessment (FSA) if the police suspect that the driver broke the rules. The police must have “reasonable grounds” to believe the driver violated state laws in New York related to drunk driving. Reasonable grounds does not mean the police officer knows beyond a shadow of doubt that the driver is drunk, but it does mean that there needs to be some justification for the officer insisting the driver take a field sobriety test. If a driver refuses to take a FSA when asked to do so, the Department of Motor Vehicles will suspend that driver's license. Under the previous rules related to field sobriety testing, the laws in New York stipulated that it was up to the discretion of the officer to determine if a person should be tested for impairment. The new rule simplifies and streamlines the system and ensures that drivers don't simple evade the law when a death or a serious injury happens. According to New York State Senator Pamela Helming, who was one of the bill's sponsors, indicated that” “Individuals need to be held accountable for their choices, especially when it leads to the death or serious injury of someone else.” Helming also warned: “Eliminating loopholes in the current law that allow drivers under the influence to escape prosecution at the expense of someone else’s life is a start." With new evidence available to demonstrate intoxication after serious accidents, victims should be better able to pursue claims for compensation against those who caused collisions while drunk. A New York City car accident law firm can provide help to victims in taking action. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.