New York Personal Injury Lawyer Blog

When you have been injured in a New York car crash, or slip and fall accident, fallen off a ladder or scaffold on a construction site, or been the victim of a dangerous product or medication, it is vital that you document your accident and injuries. Previously, we have written about the importance of reporting your accident and obtaining a copy of the accident report from the owner of the premises. We discussed getting the names, addresses, and phone numbers of witnesses. In prior blogs, we also stressed the importance of taking photographs, for example, of the defective sidewalk or step; the damage to your car before it is totaled or repaired; the dog that bit you, and of course, your injuries from the accident.

Another excellent type of documentation is to maintain a diary of the following: the hospital and medical treatment you underwent; the type of pain you experience on a daily basis, and what activities bring the pain on or exacerbate your suffering; your inability to perform activities of daily living due to your injuries (and identifying the people who must do these activities instead regarding household chores or maintenance); and how the accident has affected your enjoyment of life. This is instrumental when you must give testimony at a deposition or trial (often months or a couple of years after the events) as to treatment, pain and disability, and the toll the accident has taken on your life. These are the most important elements a jury will consider when deciding how much to award for your damages, so keeping a diary is a very smart way to improve your chances of a successful outcome at trial or a more substantial settlement before trial.

Continue reading "New York Personal Injury Cases--Documentation Is Essential" »

On November 1, 2009, New York's statewide ban on texting while driving goes into effect. The law was designed to prevent or reduce serious New York car crashes such as the tragic accident last year in which several young teens lost their lives when the driver lost control and struck a tractor trailer while texting. However, what makes little sense is that the law as presently written does not permit the police to issue a ticket for the violation unless the operator is guilty of another moving violation, such as speeding or an unsafe lane change. Thus, as long as the texting driver doesn't speed, go through a red light, or switch lanes suddenly, they will not be issued a summons. Obviously, the New York State Legislature either did not think this law through very thoroughly, or the texting lobby has done a very good job of taking some bite out of the bill.

The fine for a violation of the new law is $150.00. Graham Parker, a spokesman for the New York State Senate Transportation Committee, claims that the "Legislature will keep in touch with law enforcement agencies after the law takes effect and can change it if needed." Nonetheless, if the purpose of the law was to deter distracted driving and prevent New York fatal car accidents or serious injuries, I personally do not see how this toothless law will do much to accomplish that goal. Distracted driving has become such a serious issue that Ray LaHood, the U.S. Transportation Secretary, has announced that there will be a "distracted driver" summit in Washington on September 30th and October 1st to review the problem.

Local police departments have become more skilled at detecting drivers who are texting while driving, despite the fact that many will hold their phone below dashboard level. Methods include using vehicles that give them the ability to look down into nearby cars to identify texting drivers, stationing a plainclothes officer at a location where he can look down into cars slowing for traffic and then notify a cruiser up ahead, or simply watching body language and eyes looking down rather than straight ahead.

Continue reading "New York's Ban On Driving While Texting Coming Soon " »