Technology Seeks To Combat Drowsy and Distracted Drivers, But Will It Reduce Injury Accidents?

by admin on March 5, 2012

in Buffalo Car Accidents

Drowsy or distracted drivers pose a serious danger to other users of New Orleans’ streets.  Because most personal injury motor vehicle accidents are, at least to some degree, attributable to the negligence of one or more of the drivers, auto manufacturers have been working for years on new technologies that will assist drivers in decision making.  One of the latest of these involves monitoring systems designed to help the driver remain in the correct lane.

While several auto makers have quietly introduced systems designed to assist in lane centering for a limited number of vehicles in recent years, the Ford Motor Company recently announced that it will be offering what it terms “lane-keeping technology” as an option on certain 2013 models.  This system is apparently much more comprehensive than earlier systems and, under certain conditions, allows the system to take control of the steering to return the vehicle to the center of the driving lane.

It works by using a camera to monitor lane position.  If the vehicle drifts towards either edge of the lane, a vibration is sent to the steering wheel.  If the driver does not then correct the drift, the system takes control of the steering and returns it to the center lane.  The system also monitors for signs of driver fatigue, such as weaving within the lane, and alerts the driver if it believes rest is needed.

Because the lane-keeping system relies on the ability to distinguish lane markings, the manufacturer acknowledges that the system is not flawless, and the National Highway Traffic Safety Administration has decided not to recommend such technology to the public until additional research is conducted. 

Unfortunately, the situations where these systems are anticipated to be most likely to fail – around curves, in heavy rain, or where bright sunlight is hitting the camera, for example – also tend to be the same situations where an automobile accident would be most likely to occur.

Ultimately, while current technology may lead to safer cars under certain circumstances, it is no substitute for an alert, vigilant driver who can analyze situations as they unfold.  The best way to avoid involvement in a personal injury auto accident is to make sure you are adequately rested and paying attention to the road when driving.

If you have suffered injury in a motor vehicle accident, we would be happy to help you.  Please reach out to us at 716-542-5444.

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I Had An Accident On The Other Side Of The State. Do I Have To File My Lawsuit There?

by admin on March 2, 2012

in Buffalo Injury Questions and Answers

Western New York residents who suffer a personal injury outside of the Buffalo area often are concerned about the inconvenience of having to travel to court if they file a lawsuit.  Fortunately, under New York law these injured individuals rarely must travel far to pursue damages.

Section 503 of the New York Civil Practice Law and Rules provides that “Except where otherwise prescribed by law, the place of trial shall be in the county in which one of the parties resided when it was commenced; or, if none of the parties then resided in the state, in any county designated by the plaintiff.  A party resident in more than one county shall be deemed a resident of each such county.”

As a result, it is usually the choice of the injured person where they file the lawsuit.  Because injured parties may file in their county of residence regardless of where the accident occurred, this is option is often used when the injury occurred at a distant location.

If you have suffered a personal injury and have any questions, please call us at 716-542-5444.  We would be happy to help you.

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I Think Two Parties Caused My Injury But Can Only Find One. Can I Still Sue?

by admin on February 29, 2012

in Buffalo Injury Questions and Answers

There are several types of Buffalo personal injury lawsuits in which more than one party may be held responsible.  These would include car accidents where more than one driver was negligent in causing a collision or injuries on property where more than one party may have responsibility for maintenance.  In such cases, it is sometimes difficult to locate and obtain legal jurisdiction over all of the parties responsible.

The fact that not all the parties can be found, however, is not a bar to filing a personal injury lawsuit against the ones who can be found.  The most likely impact of a failure to include a party to a lawsuit is that the injured person will not obtain full economic recovery because under New York law, in most cases the responsible parties are only required the same percentage of non-economic damages that a jury finds them responsible for in causing the injury.  As a result, failure to include a party may mean some of the damages that party would be responsible for are not recovered.

This limitation may not apply, however, if the injured person can prove that despite making a due diligent effort, he or she was unable to obtain jurisdiction over the missing party.  If this can be established, then the parties that are available may be required to pay all of the damages.  As a result, it is very important to make an effort to obtain jurisdiction over all parties in a personal injury lawsuit, even if such efforts are ultimately unsuccessful.

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If The Defense’s Experts Disagree With Each Other, Does That Help My Lawsuit?

by admin on February 27, 2012

in Buffalo Injury Questions and Answers

Buffalo personal injury lawsuits may involve a number of experts.  Although these experts may come from a number of different fields, the expert most frequently relied on by the defense in personal injury lawsuits is a medical examiner who is hired by the defense to examine the injured person.  When the defense uses multiple experts, such as doctors with specialties in different fields, this occasionally leads to a difference of opinion among the defenses own experts.

Perhaps the most common area where a difference of opinion may occur among defense experts is when two doctors reach different conclusions regarding whether an injury was caused by the accident that gave rise to the lawsuit or what treatment is necessary for a specific injury.  While a discrepancy among the defense experts may be helpful to the injured person’s case because it helps undermine their overall credibility, it is not necessarily fatal to the defense.  A dispute between experts, even experts employed by the same party, is a matter that must be resolved by the trier of fact.  The trier of fact is free to discount the point of view of one of the experts. 

If you have suffered a personal injury and need advice, please feel free to call us at 716-542-5444.  We would be happy to assist you.

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Hybrid Cars Found To Pose Additional Hazard In National Study.

by admin on February 22, 2012

in Buffalo Car Accidents

Next time you take a walk around Buffalo, pay attention to the sound of the cars.  While we have all complained at some point about cars and trucks roaring by and disturbing our peace and quiet, a recent study by the National Highway Transportation Safety Administration (NHTSA) has found that this noise helps pedestrians and bicyclists avoid serious injury.

This government study involved research into accidents involving hybrid vehicles, which usually run on electric power at slower speeds and, as a result, emit little noise.  While the percentage of hybrid vehicles on the roads today is still small, auto manufacturers are releasing a number of new hybrid and fully electric models in 2012, and the number of these vehicles on the roads in expected to grow significantly in the next few years.  The NHTSA conducted this study based on concerns that this influx of quiet vehicles on the roads may ultimately prove hazardous.

The study found that hybrid cars were twice as likely to strike a pedestrian or bicyclist as vehicles with internal combustion engines.  The primary reason for this dramatic difference would appear to be that pedestrians and bicyclists did not hear the hybrid vehicle approaching prior to being struck.  While this finding should concern everyone, it is of specific significance to the blind and visually-impaired, who are at greater risk because they rely on their ability to hear vehicles when walking on or near roadways.

Because the number of quiet vehicles on the roads is expected to increase significantly, the NHTSA is proposing that hybrid and electric vehicles be required by law to make noise at slower speeds.  In an effort to come up with a sound that would both protect pedestrians and bicyclists and work for drivers who want a nice, quiet car, the NHTSA has both consulted with professional sound studios and accepted proposals on Facebook.

If you have been injured by a car, please feel free to call us at 716-542-5444.  We would be happy to explain your legal rights to you.

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If I Was Hit By A Police Car With Its Lights And Siren Off, Can I Sue?

by admin on February 20, 2012

in Buffalo Car Accidents

All Buffalo residents rely on the police and other emergency operators, such as firefighters and paramedics, to keep us safe.  As a result, there are certain driving rules, including speeding and passing red lights, that these drivers are specifically exempted from when engaged in an emergency operation.

For all emergency vehicles except police cars, the vehicles lights and siren must be activated before they may violate the normal rules of the road.  Police vehicles, however, are not required to activate their lights and siren before engaging in the proscribed conduct.

Despite this rule, police vehicles – like other emergency responders – are required to be responding to an emergency operation before violating the normal rules of the road.  Even in such a situation, they still are not completely unfettered from any driving rules.  In a lawsuit, however, it must be shown that the emergency operator was not only negligent, but driving with “reckless disregard” for others.  This is a much more difficult standard to prove.

If you have been injured in a car accident and have any questions, please feel free to call us at 716-542-5444.

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NHTSA Administrator Notes Conflict Between New Technology, Distracted Driving.

by admin on February 16, 2012

in Buffalo Car Accidents

It is no surprise that the percentage of Buffalo personal injury auto accidents that may be attributable to distracted driving seems to have increased as cell phones and texting have become prevalent.  Recently, National Highway Traffic Safety Administration (NHTSA) Administrator David Strickland noted that the biggest challenge his agency faces is finding the right balance between new technologies that make it easier for drivers to report serious accidents – potentially saving lives – and the potential for the very same technology to distract drivers and cause personal injury accidents.

Automakers have increasingly incorporated new communications technology into their vehicles that can be useful in obtaining help during an emergency.  Unfortunately, many of these devices and systems rely upon cell phones or other electronic technology that have been shown to lead to accidents by distracting drivers.

Mr. Strickland noted that 90 percent of motor vehicle accidents are the fault of drivers, and that the NHTSA is concerned over the number of motor vehicle deaths that are caused by distracted driving.  He also discussed the issue of texting and driving.  Currently, many states and cities, including New York State, ban texting while driving.  There is, however, no NHTSA guideline in place.  Mr. Strickland indicated that they are working with automakers and cellular phone companies to determine the appropriate standard.

Overall, he expressed a hope that once the distracted driving issues are resolved, these technologies could be used to help reduce the serious personal injury and death caused by motor vehicle accidents.

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What Happens If We Can’t Find A Defendant After Filing A Lawsuit?

by admin on February 13, 2012

in Buffalo Injury Questions and Answers

Buffalo personal injury lawsuits are typically initiated by the filing of a Summons and Complaint with the County Clerk in the county where the lawsuit is being pursued.  Once this document is filed, the injured party is required to have it served upon the defendant or defendants.  There are several methods that may be used to achieve proper legal service upon a defendant.  The defendant must be given the document in one of these proper, legal manners for the lawsuit to be properly initiated.

New York State law requires that the Summons and Complaint be served within 120 days of its filing with the County Clerk.  In most cases, this proves to be ample time.  Sometimes, however, a defendant may not be at the listed address and will not have left any forwarding information.  Under such circumstances, an investigator may be needed to locate the defendant and final service may not occur until after the 120 days has lapsed.

Fortunately, under such circumstances the Court has the discretion to extend the time for service of the Summons and Complaint, so long as the plaintiff can demonstrate either good cause for the delay (which usually involves showing a diligent effort to find and serve the defendant) or that such an extension would be in the interests of justice (which requires the Court to look at the totality of the circumstances and the merits of the case).

If you have suffered a personal injury, we would be happy to help you.  Please feel free to call us at 716-542-5444.

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Court Limits Use Of Supplemental Submissions For Summary Judgment Motions.

by admin on February 10, 2012

in Buffalo Injury Questions and Answers

Many Buffalo personal injury lawsuits are straightforward matters that should be resolved without a trial.  To facilitate the quick resolution of such lawsuits, New York State law allows a party to request “summary judgment” when the facts of a case can lead to only one conclusion.  The original intent of allowing a judge to grant summary judgment in such cases was to speed the process and keep the courts from becoming bogged down.  Unfortunately, in some cases the dispute between the parties regarding whether summary judgment is warranted actually has an effect opposite of that intended.

This fact is well-demonstrated by a medical malpractice lawsuit that was recently before an appellate court on the other side of New York State.  In Ostrov v. Rozbruch, the defendant had submitted papers requesting summary judgment.  The plaintiff’s response included the affidavit from another surgeon.  The Court noted that this surgeon’s affidavit lacked specific information necessary to refute the defendant’s request for summary judgment, but held off on a decision to give the plaintiff additional time to provide that additional information.

Both parties eventually ended up submitting multiple affidavits from experts in several different medical fields as they attempted to undermine each other’s position.  The trial court ultimately did not issue a ruling on the original motion until 17 months after it was filed – greatly delaying the resolution of the case and running counter to the purpose of seeking summary judgment in the first place.

After reviewing the record, the appellate court noted that while its earlier rulings may have created an impression that supplemental filings for summary judgment could be used in this fashion, they should actually be used only sparingly in personal injury lawsuits.

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What Happens If The Defense Is Accusing Me Of Negligence With No Evidence?

by admin on February 8, 2012

in Buffalo Injury Questions and Answers

In our experience as Buffalo personal injury attorneys, it is not unusual to see cases where the defendant attempts to place at least part of the blame for an accident on the injured person.  Certainly, there are cases where the plaintiff engaged in conduct that contributed, at least in part, to his or her own injury.  However, just as the plaintiff must have evidence of the defendant’s negligence, when asserting this claim the defendant must have actual evidence that the plaintiff was – at least in part – responsible.    

As an example, in New York State cases where a defendant has failed to yield the right of way at a stop sign, there have been multiple occasions where the defendant claimed that because he or she did not see the plaintiff’s car, the plaintiff must have been speeding.  In such cases, the courts have consistently ruled that to assert such a claim regarding the plaintiff’s conduct, the defendant must have proof in evidentiary form.  Speculation that the plaintiff may have been speeding is insufficient to present this claim as a defense.

If you have been injured as a result of another’s negligence, we would be happy to answer your questions.  Please feel free to call us at 716-542-5444.

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