Whether someone who has suffered a personal injury can pursue additional damages from the entity which provided a drunk driver with alcohol depends on the circumstances of each case.  If you are seriously injured by someone who was drinking at a bar or restaurant in the City of Buffalo, under New York State Law you may be able to seek compensation from the business that chose to over-serve the drunk driver. 

To successfully pursue a claim against a commercial business that serves alcohol, the injured party must be able to prove that the business continued to serve alcohol to the drunk driver when he or she was already visibly intoxicated.  This may require the testimony of eyewitnesses, although in cases of extreme intoxication such testimony may not be necessary.

The right to pursue additional damages against the entity that provided alcohol does not extend, however, to individuals injured by someone who became intoxicated at a private residence.  Private individuals who provide alcohol usually may not be sued if the intoxicated person then chooses to drive.

The major exception to this rule applies to individuals who serve alcohol to minors.  New York State Law does permit claims against a social host who provides — or makes available — alcohol to a minor if that minor later injures someone due to his or her impairment or intoxication.  Under such circumstances, the individual who provided the alcohol may be sued for full compensation of the injuries sustained.

All drivers in the City of Buffalo and across New York State are required to carry automobile insurance.  When you sue the other driver involved following a car accident, your personal injury attorney will usually request a copy of the declarations page from your car insurance.  This page outlines the coverage that you have under your own automobile insurance policy.

There are many reasons your personal injury attorney will want to look at your car insurance.  In some cases, you may have purchased coverage that is available to you to protect you against uninsured or underinsured drivers.  If this occurs, your attorney will wish to take steps to protect your rights to pursue this additional coverage. 

Also, under specific circumstances, your insurance company may have a right to seek recovery of money it paid out for medical and unemployment expenses following your injury.  For example, under New York State Law your auto insurance company must pay you up to $2,000 per month in lost wages if you cannot work following a car accident.  If you have purchased Additional Personal Injury Protection (APIP), your insurance company may pay you additional lost wages in excess of the $2,000 limit required by law. 

These additional lost wages, however, may be recovered by your insurer as part of any damages you receive from the other driver.  In this situation, your lawyer will want to be aware of the potential impact of any claim on the damages you receive and make sure you fulfill all of your legal responsibilities to your insurer following an automobile accident.

When a Buffalo resident suffers a personal injury in a car accident, whether that person can pursue a personal injury claim is governed by New York State’s No-Fault Law.  Under this system, the injured party must have suffered a “serious injury” before a personal injury case may be pursued.

The law defining what constitutes a serious injury was written many years ago, and there have been great advances in medicine since then.  As a result, the New York State legislature is in the preliminary stages of considering the addition of new categories to the legal definition of serious injury.

While the current definition of serious injury includes some clearly objective injuries such as dismemberment or fractures, it also includes much more vague definitions, such as “permanent consequential limitation” and “significant limitation.”  While the proposed changes do not eliminate these vague categories, they do add several new, more objective categories to the definitions.

These changes were deemed necessary by the sponsors of the bill because the current system often leads to seemingly unfair situations.  For example, a person with a broken toe may, by law, pursue a serious injury claim because he or she suffered a fracture.  In contrast, a person who has suffered several torn knee ligaments must prove that this injury fits within one of the more vague categories of serious injury, or the case may be dismissed.

The proposed new categories largely consist of injuries that were not easily detectible when the original law was written, but now are much more easily diagnosed by doctors.  The proposed new categories are:

• a partial or complete tear or impingement of a nerve, tendon, ligament, muscle or  cartilage;
• injury to any part of the spinal column that results in injury to an intervertebral disc;
• impingement of the spinal cord, spinal canal, nerve, tendon or muscle;
• surgery.

This bill is still in the very early stages of the legislative process and, if it survives at all, is likely to be modified before being passed.

Buffalo teenagers and their parents should be aware that in February of 2010, new rules went into effect in New York State changing the requirements for a teenager to obtain a driver license.  These regulations were changed because of the disproportionate number of accidents, including accidents leading to personal injury and wrongful death, that could be attributed to teenage drivers.

New York State teenagers who have not already obtained a driver license now must follow different rules.  Teenagers who obtain a learner’s permit at age sixteen will now be required to wait at least six months before taking the road test to obtain a driver license.  The new law also increases the number of hours of driving that a teenager must complete before obtaining a driver license from 20 hours to 50 hours, with 15 of those hours taking place during the night.

Perhaps most importantly for teenage drivers, if you are driving with a learner’s permit or junior license, you are now limited to only one non-family passenger under the age of 21 in the car unless there is an adult in the front seat of the vehicle.  This provision was enacted because of studies that demonstrated great increases in the likelihood of an accident for each additional teenager in a vehicle.

Hopefully, these new regulations will reduce the number of individuals injured or killed in motor vehicle accidents in New York State.  If you have been injured in an accident involving a teenage driver and wish for more information on this topic, please feel free to call my office at 716-542-5444.

If you are involved in a car accident in the City of Buffalo or elsewhere in New York State, your medical bills, at least initially, will usually be paid by your automobile insurance company.  In many cases, however, your insurer may not pay the full amount that your medical providers are asking.

The maximum amount that insurance companies are required to pay for specific procedures is regulated by the State of New York.  When medical providers submit bills to your insurer, the amount they request may exceed the amount that the insurance company believes it is obligated to pay under New York State law.  When this happens, the insurer will usually pay the maximum amount it is required to pay and inform the medical provider that they are disputing payment of the outstanding amount.

Some insurance companies provide their injured clients with copies of the documentation informing the medical providers they do not intend to pay the full amount requested, and these clients are often afraid that they will be required to pay the difference.  If you are receiving No Fault benefits as a result of a personal injury accident, please be aware that you are not required to make up the difference between what the doctor requested and what is actually paid.

Any dispute in a bill submitted under No Fault insurance law is between the medical provider and the insurance company.  If a medical provider does attempt to bill you for the difference, you may wish to consult with an attorney experienced in this area of law to assist you in protecting your rights.

Many individuals who are involved in minor accidents in Buffalo choose not to retain a lawyer.  While this may work out if that person turns out not to have any serious injuries, in cases where that person’s injuries turn out to be worse than originally thought, they may regret their decision.

Under New York law, an individual’s own auto insurance company will initially pay his or her medical bills and lost wages.  As a result, many individuals may feel they do not need a lawyer.  Unfortunately, if the pool of money available from his or her own insurer is used up and the injured person still needs medical treatment, is unable to work or continues to suffer other damages as a result of the accident, he or she will regret not retaining a lawyer to seek compensation from the party responsible for the accident. 

If you are injured and choose not to hire a lawyer, the insurance company involved in the car accident may even offer you some compensation to settle any claim against them and their client.  While it may seem like a good idea to take this money and avoid having to pay any legal fees from the proceeds of the settlement, it is rarely a good idea to do so.  Most individuals do not have the experience to properly analyze the value of their injuries, while an experienced personal injury will know how much to seek and will pursue full value from the insurance company.

If you were involved in an auto accident and suffered injuries, even if they seem minor, please feel free to call my office at (716) 542-5444 to speak with me regarding your case.

The driver of the vehicle, as the individual whose negligence caused the accident, bears an obvious responsibility for any injuries caused.  Your lawyer also may wish to file a case against the owner of the vehicle, however, to pursue every avenue available to ensure you are fully compensated for your injuries.

Generally, when you purchase auto insurance, you are purchasing coverage for the vehicle, not the driver.  If the driver of the vehicle, regardless of whether they own the vehicle or not, causes an auto accident, the insurance company for the vehicle may be responsible for any damages suffered as a result of the accident.  A case against the owner of the vehicle may help to solidify your position in seeking compensation through the owner’s auto insurance. 

Be aware, however, that who is liable for your injuries in this situation may hinge on a number of factors, such as whether the driver was an adult or a minor and whether the driver had permission to take the vehicle.  If you are injured and unsure of whom to seek compensation from for your injuries, you should consult with an experienced personal injury attorney.  Please feel free to call our office at 716-542-5444 if you have any questions.

Cadillac CTS vehicles from the 2003-2007 model years, possibly including CTS vehicles sold in Buffalo, have been found to have a defect that may lead to accident and injury.  As a result, GM has issued a recall for an undetermined number of these vehicles.

It has been found that some CTS vehicles have a front brake issue.  Specifically, a hose fitting at the caliper on the front brake may corrode when exposed to road salt contained in water or snow. This may lead to a leak where the hose attaches to the front brake, causing an increase in the distance needed to stop when the brakes are applied.  This, in turn, increases the potential for accidents.

This recall is apparently going to be specific to CTS vehicles currently registered or originally sold in Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, Wisconsin and Washington, D.C. 

As a result, Buffalo area CTS owners may be affected and should determine whether their vehicles need repair.  The recall is expected to begin in May.  If your vehicle does need repair, dealers will be replacing the parts for free.   CTS owners may reach Cadillac at 866-982-2339 or the National Highway Traffic Safety Administration’s hot line at 888-327-4236 with any questions.

If you have been injured because a defective auto part caused an accident and have questions, please feel free to call my office at 716-542-5444.  We would be happy to help you.

Over the last few years in the Buffalo area, we have seen several horrible auto accidents in which a driver was apparently sending a text message while driving.  While driving regulations are largely controlled by the states, the danger of texting while driving has been deemed serious enough that the federal government has now taken steps to eliminate certain drivers from engaging in this activity.

In January of 2010, the federal government banned truck drivers and bus drivers from sending text messages while driving.  Under this new regulation, truck and bus drivers caught texting while driving may be fined up to $2,750.00.  Apparently, this extremely large fine was considered necessary given the great danger these larger vehicles may pose on the road when the driver is not giving full attention to controlling his or her vehicle.

For other drivers in New York State, texting while driving is currently an offense that may only be charged if the driver is also caught committing another traffic infraction, such as passing a stop sign or weaving out of his or her lane.  Unlike New York State, 19 other states have completely banned texting while driving.

Hopefully, these new regulations will reduce the number of serious injuries and deaths caused by texting drivers.  If you or a family member have been injured by an individual who was operating his or her vehicle while distracted and you need advice, please feel free to call my office at 716-542-5444.  We would be happy to help you.

Many of you will remember that Buffalo Bills running back Marshawn Lynch was involved in a hit-and-run accident in May of 2008 where he was accused of fleeing the scene after hitting a woman with his SUV after leaving a bar in the City of Buffalo.  He eventually pleaded guilty to failure to exercise due care for a pedestrian and paid a fine.

The woman struck, Kimberly Shpeley of Ontario, Canada, has now filed a personal injury lawsuit in Erie County Court.  She is alleging that she has suffered serious personal injury from being hit by Mr. Lynch’s vehicle and is seeking as yet unspecified monetary damages.

Many of you may wonder why, given that Mr. Lynch pleaded guilty to a traffic ticket over a year ago, Ms. Shpeley has taken so long to file her lawsuit.  In a personal injury case, an injured person has three years from the date of the injury to proceed in court.  While any specific reason Ms. Shpeley waited over a year would be mere speculation, it is not unusual for there to be a delay before a lawsuit is filed.

Reasons for delay may include waiting until she and her doctors have a better understanding of the extent of her injuries or because the parties are attempting to resolve the matter without having to resort to court intervention.  Whatever, the reason, Ms. Shpeley is well within the time frame within which she is allowed to file a lawsuit in New York State.