
Depending on your preferences of transportation, living in New York can be a blessing or a curse. If you like public transportation and aren’t particularly enamored with the idea of owning a car, there is no better city in which to live. We have a first rate public transportation system, with 26 subway lines that service an average of 4.7 million riders a day. We also have over 4,000 buses in use, which service 2.4 million riders a day. For commuters, there is the Long Island Rail Road, which has over 700 miles of track and services 81 million riders every year. For those that are in a hurry, there are approximately 40,000 taxi cabs patrolling the streets of New York at any given time.
In contrast, what makes New York a wonderful place for those that don’t wish to drive makes it a nightmare for those that prefer to drive themselves. Traffic is usually gridlocked, and parking can cost an average of $15.00 for just a few hours.
Regardless of what your preferences are, the dangers for drivers or pedestrians in New York City are high.
According to an article published in the New York Post two years ago, the following intersections in the five boroughs were the scenes of several pedestrian fatalities and hundreds of pedestrian injuries between 1995 and 2001:
The numbers have not improved since 2001. 195 New York City pedestrians were killed in 2002, and while the numbers dropped slightly in 2003, we still had 165 pedestrian deaths.
It hasn’t been much better for drivers. According to the National Highway Traffic Safety Administration, there were 1,495 people killed in traffic collisions in New York in 2004. The numbers dropped 4.4% in 2005, but that’s still over 1400 deaths.
These numbers simply reinforce the point that whether you are a driver or a pedestrian, New York City is a dangerous place to live. Accidents happen with alarming frequency, and they often happen for the following reasons:
Inattention at the Wheel - More accidents were caused by driver distraction than any other cause, including speeding, failing to yield, and following too close. In addition, a study by the National Highway Traffic Safety Administration showed that in nearly 25 per cent of accidents nationwide, inattention and driver distraction was a contributing cause to the accident.
These numbers aren’t surprising, considering the prevalence of technology that improves communication and entertainment (cell phones, DVD players and televisions) but does precious little to improve driver attention. According to a poll done by the Medical College of Wisconsin, both teens and their parents have the same distractions, which most of them had claimed to have done in the past 30 days:
Other Causes of Accidents - Driver inattention and driver distraction, speeding, failing to yield, and following too closely are major causes of car and motorcycle accidents. Other examples of negligent driving include aggressive driving, running red lights, improper passing, improper turns, improper lane changes and, of course, driving under the influence of alcohol or drugs.
When a careless driver causes an accident resulting in injury or death, the law affords the injured party the right to sue for restitution against the negligent party. Many accident victims are unaware of this, mainly because they are told the complete opposite by the insurance company of the driver that hit them. Insurers do their best to minimize their liability, and will often offer settlements that are far below what the victim is legally entitled to. The standard procedure for insurers is to offer a check for current medical bills and property damage, and occasionally a check for lost wages. These settlements are not only artificially low, but they usually fail to account for any future medical problems that might stem directly from the accident. Quite often the victims will hear things like “You won’t need to contact a lawyer,” or “This is a fair settlement,” when in fact they do need to contact a lawyer, and they aren’t being offered a fair settlement. Liability law clearly states that people who are injured due to the negligence of others can sue for damages. These include:
Compensatory Damages: Compensatory damages usually include medical expenses, lost wages and the repair or replacement of property. These are the damages that cover actual injury or economic loss. Compensatory damages are intended to put the injured party in the position he was in prior to the injury, or make the injured party “whole.”
General Damages: General damages are usually composed of pain and suffering, but can also include compensation for a shortened life expectancy, or the loss of the companionship of a loved one. The point of these damages is to cover injuries for which an exact dollar amount cannot be calculated. For instance, if a piano player loses his fingers in an accident that wasn’t his fault, it would be impossible to calculate the monetary value of the joy he got out of playing the piano, but general damages would allow him to seek compensation for not being able to play anymore.
If you have been in a car accident that caused severe injuries, an extended hospital stay or the death of a loved one, you will need an attorney. It is unrealistic to expect the insurer of the driver that hit you to look out for your best interests. You can expect settlement offers that won’t cover actual damages, stalling tactics, and sometimes outright denial of actual damages. An attorney with knowledge of liability law and insurance company tactics can both raise the amount of compensation in a settlement and drastically reduce the amount of time that it takes for you to receive it. The Law Firm of Rappaport, Glass, Green and Levine have a long history of successfully advocating decent and fair treatment for injured New Yorkers. If you or a loved one have been severely injured and feel that your needs are not being met, contact our offices for a free legal consultation today.
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Rappaport, Glass, Greene, & Levine, LLP
1355 Motor Parkway
Hauppauge, NY 11749
Phone: 631.293.2300
Manhattan
61 Broadway
Suite 2020
New York, NY 10006
Phone: 800.734.9445
or 212.921.5200
Long Island
1355 Motor Parkway
Hauppauge, NY 11749
Phone: 800.734.9445
or 631.293.2300