New York Personal Injury Lawyer Blog

Here are three very common scenarios for prospective clients who come for their free consultation to our White Plains, New York law offices. The client was walking on a public sidewalk and tripped and fell on a defective sidewalk, suffering serious injuries. The potential client was injured in a New York car crash with a car or truck owned by a village, town or city. While entering or leaving a municipally owned building, the client slipped and fell in an area which had not been plowed, shoveled, sanded or salted.

These three potential cases against municipalities have a common, critical element: A notice of claim, alerting the town, village or city department to the date. time, location and the specifics of the accident must be filed within 90 days of the accident. If a properly prepared notice of claim is not filed with the municipality within that 90 days, your New York County trip and fall, Kings County car accident or Westchester County slip and fall accident (to use three examples) will be denied by the municipality and dismissed by a local Court. There are exceptions to this very harsh rule, for example, in some cases involving infants and those with certain disabilities, but for the most part, failure to file a timely notice of claim is fatal to your personal injury case.

Thus, it is vital that you consult an experienced, knowledgeable lawyer immediately after your accident to assure that your rights and interests are protected.

Continue reading "New York Accidents--Notice Of Claim Must Be Filed When Suing Municipality" »

Following the tragic Westchester County fatal car crash this past July, in which Diane Shuler killed herself and 7 others driving while intoxicated southbound in the northbound lanes of the Taconic Parkway, two other allegedly intoxicated drivers have driven the wrong way on the Taconic Parkway. First, in early September, 44 year old Bronx resident Gregorio Pena was arrested for driving two miles northbound in the southbound lanes of the Taconic in Yorktown. Pena allegedly had a blood alcohol content (BAC) of .20, more than two times the legal limit of .08 percent. Pena was charged with felony reckless endangerment and New York aggravated DWI.

On September 17, Henry M. Garcia, a nineteen year old unlicensed illegal immigrant from Guatemala, was found to have a BAC of 0.27 percent, more than three times the legal limit. Garcia was arrested after driving for six miles southbound in the northbound lanes of the Taconic, and was finally pulled over when he made a U-turn in Pleasantville. Mr. Garcia was also charged with DWI, aggravated DWI and felony reckless endangerment. His case is pending in Mount Pleasant.

Thankfully, there were no car accidents in either of the September wrong way driving arrests. However, the New York State Department of Transportation is taking action due to the open question: Why are so many drivers, (taking into account their intoxicated condition) driving the wrong way on this parkway? The State DOT will now install "Wrong Way" signs, as well as "Do Not Enter" and "One Way" signs at all exit and entrance ramps on the parkway by 2010. This measure follows federal transportation recommendations that have been in place since 2007.

Driving schools seem to concur that if someone is driving head on toward you in your lane, to avoid a serious car crash, you should try to veer off to the shoulder if possible. If there is no shoulder or this isn't possible, try to steer into the median, since hitting a fixed object is preferable to a head on collision.

Continue reading "Third Wrong Way Driver on Westchester County Taconic Parkway" »