Hit-and-run accidents can happen to anyone, at any time. Recently, there has been a rash of these tragic accidents in our area: on May 22, 2019, a bicyclist was struck on Yonkers Avenue and suffered a serious head injury. Also, in 2019, a 23-year-old man was killed when he was the victim of a hit-and-run on Bruce Avenue in Yonkers and a pair were apprehended in Nyack after fleeing the scene of an accident on Route 59. In July of 2018, an 18-year-old was struck and critically injured, later dying, on the Saw Mill River Parkway.
In 1910, New York became one of the first states in the U.S. to pass a DWI law. At that time, the general consensus was that a driver was considered drunk with a blood alcohol level (BAC) of .15 percent. Even then, prosecution was difficult as there was little in the way of scientific evidence. Today, a BAC of .08 percent or above is considered a DWI in most cases. There are exceptions, however, when a BAC of as little as .02 percent becomes a drunk driving offense. As of 1996, New York has a zero tolerance law.
There are nearly 240,000 miles of roads throughout New York. Moreover, there’s about one crash every two minutes throughout the state. For those of us who drive the highways and streets in and around Yonkers, the Bronx and Westchester, Dutchess, Putnam, Orange and Ulster Counties, among the busiest and most congested in the US, this statistic comes as no surprise
When severe injuries occur because of a car accident, the price of treatment can be extremely costly. Emergency medical treatment, hospitalizations, surgeries, and sometimes extensive follow up care all come at a steep price.
People who consider filing a personal injury claim after an accident often wonder “How much is my claim worth?” Unfortunately, it’s not possible to predict the exact amount your claim will be worth, or even whether your claim will be successful.
Personal injury lawsuits are filed against persons or entities who have exhibited negligence and as a result a person was injured, killed or suffered damages to their property. In personal injury claims, compensation is often awarded to pay for damages such as medical bills, missed time from work, and physical rehabilitation.
It’s important to remember that punitive damages are only awarded in extreme situations when an especially immoral, reckless or deceitful act was committed. Some common examples include theft, battery and fraud.
Most personal injury lawsuits in New York revolve around a concept known as “negligence.” Negligence can be defined as “the failure to act in a reasonable way to protect others from harm, or performing an unreasonable act that endangers, injure, kills or destroys the property of another person.”
Although it may seem unusual or unfair that your own insurance must cover damages from an accident that was caused by another person, the no-fault system was designed to avoid drawn-out litigations and to assure drivers that insurance would pay for the damages of anyone injured in a transportation accident, no matter who is at fault.
There are few moments more stressful than being pulled over by a police officer and asked to take a breath or blood test. But is it appropriate for the police officer to make that request? The short answer is yes.