Conditions that make a road dangerous

Roads can be unsafe in a few different ways. 

Poor design

Road design is crucial to its safety, and there are several critical design elements designers consider. These elements include:

• Lane width
• Speed limits
• Use of bicycle lanes
• Elevation
• Curve radius
• Pedestrian facilities 
• Stopping sight distance

If these road elements are improper or missing, or if they do not meet state or federal standards, a road may be dangerous in its design.

Poor maintenance

General wear and tear is unavoidable on roads and highways; billions of tax dollars go toward building and maintaining them. However, maintenance does not always happen as it should. Thus, roads could have:

• Potholes
• Unsafe surfaces
• Missing lane markers
• Incorrect signage
• Large obstacles 
• Uncleared ice or snow

When parties do not maintain roads, they increase the potential for a crash to occur.

Missing safety elements

Roads that do not have proper safety equipment can endanger all road users. Dangerous roads may not have adequate:

• Barriers
• Guardrails
• Traffic signs
• Signals
• Crosswalks

If these elements are broken or missing, an accident can occur.

So, who is responsible for a crash?

Multiple parties could be liable when a crash occurs on a dangerous road.

Other motorists could very well be responsible for a crash if they were negligent or reckless. Speeding, being drunk or driving too aggressively are all actions that could make an individual liable for an accident.

However, government agencies could also be responsible for a crash if they were negligent in designing, building or maintaining a road, creating a dangerous situation for victims.

Identifying all parties responsible for a crash can maximize the compensation a victim could be eligible to receive and call attention to hazardous roads and conditions.

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Head and Neck Injuries

The head and neck are often the part of the body most injured from a car accident. Head and neck injuries can consist of:

– Concussion

– Traumatic brain injury

– Whiplash

Back Injuries

Back injuries are also prevalent after a car accident and can consist of:

– Paralysis: Spinal cord injuries can result in partial or total loss of movement or sensation.

– Slipped or herniated discs: Intense pain can occur when a vertebra slips out of place.

– Ruptured discs: Vertebrae can break open, which causes intense pain.

– Nerve damage: A pinched nerve can cause pressure or discomfort. The nerve could be permanently damaged, causing a lifetime of pain.

If you have suffered an injury from a car accident and would like financial compensation for your hardships, you are in the right place. Here at Campbell & Associates, we recognize what is at stake for our clients in every case, and we will work tirelessly to help our clients recover the financial resources they need to move forward. To get in touch with our team, call 716-302-0866.

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It can feel like there is no way to hold the reckless party liable or collect damages for the financial and non-financial losses. However, there are ways to pick up the pieces after a hit-and-run crash in New York.

Report crash to police within 24 hours

Call the police to report the accident. The timeliness of you reporting the hit-and-run incident could make the difference in how the incident is resolved. Some insurance companies will deny a hit-and-run crash if it has not been reported to the police within 24 hours. As a result, failing to report to the police could preclude any chance of recovery.

Investigating the crash

While there may not be another person or their vehicle on-site, a crash scene can still contain a host of information to help parties track down the fleeing party. Everything from debris to paint scrapes can help identify the vehicle or type of driver involved.

Thus, parties should call the police after a crash to make a report. It is also crucial to talk to witnesses and collect recordings from dashcams, people on the scene and surveillance systems in the area. Put together, these details can create a complete picture of what happened and who was involved.

Another key to hit-and-run crashes could be camera footage. Look to see if security cameras or traffic cameras are in the area that could have documented the crash. These could be critical in finding the hit-and-run driver to hold them accountable.

No one expects an individual to gather this information alone. Lawyers, insurance agents, police and crash reconstructionists can play a vital role in investigating the crash.

Taking action to get closure

If you cannot locate the other driver, you can still take steps to get the help you need after a hit-and-run crash. Often, this entails negotiating with insurance companies to collect maximum payments through various types of coverage, which an attorney can assist with.

If you can identify a hit-and-run driver, filing a legal claim can be wise. Not only does it mean holding that reckless party liable for their actions before and after a crash, but it can also help victims collect damages for financial losses, emotional distress and property damage.

These solutions will not turn back the clock to stop a crash from happening or change the illegal actions of a hit-and-run driver. However, they can help victims cope with their injuries and losses to move forward.

The post How to Handle the Aftermath of Hit-And-Run Crashes appeared first on Campbell & Associates.

While it may not be possible to avoid the most dangerous areas in Western New York entirely, a few of which we discuss below, it is possible to minimize your chances of getting into an accident.

The danger is not just on the highways

Highways and interstates may be where people drive the fastest, but speed is not the only indicator of a dangerous road.

For instance, the deadliest area in Western New York is where Niagara Falls Blvd. meets I-190. This road is frequently congested with commuters and outlet mall shoppers. And the commercial density means a steady stream of cars are entering and leaving the road.

Roads like Niagara Falls Blvd. highlight the fact that cars do not have to drive over 60 to cause catastrophic damage. Rear-end collisions, T-boning vehicles at an intersection and striking pedestrians crossing a poorly marked road can all prove to be just as deadly as crashes on any other type of road.

There is no one type of dangerous driver

It is tempting to blame every preventable crash on a drunk, distracted, or reckless individual. And indeed, these parties are a threat to every person with whom they share the road.

However, other factors can make roads more dangerous. Some elements could include:

• Poorly marked crosswalks
• Lack of bike or pedestrians lanes
• Traffic signals that do not give people the time to make safe turns
• Confusing traffic patterns

These and other factors are evident at most of the dangerous roads in this area. So, even when drivers follow the law and drive safely, they can still get hit or strike another vehicle.

How to protect yourself

Avoiding dangerous roads altogether may simply not be an option. However, you can protect yourself from a crash on these streets and roadways by:

• Always wearing your seatbelt
• Giving yourself enough time for the trip, so you are not rushing
• Being aware of pedestrians and bicyclists, not just other motorists
• Driving defensively
• Using your lights and mirrors to increase your visibility

These measures may not completely prevent car crashes, but they can reduce your risk of becoming a tragic statistic.

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Without taking the right steps when transporting a pet, a pet could be injured or even be the cause of distracted driving, putting both the pet and owner in danger of injuring themselves and others. Some pet owners are lucky enough to have a pet that can fit comfortably behind a seat belt and even stay seated for a long time without getting anxious or fidgeting. 

Most pet owners may not be so privileged. Here’s what you can do to keep your furry friend safer:

Find the right carrier for your pet

Seat belts aren’t exactly made for smaller dogs, cats, bunnies and lizards, that’s why many pet owners need to consider finding the right carrier for their pet. Most basic pet carriers have tough plastic that not only keeps an anxious pet in but could protect them in a crash. 

Many carriers come equipped with padding on the inside that might reduce injuries in a crash and give a furry or scaly friend a bit of comfort on the road. Pet carriers may even have hooks that allow seat belts to secure the crate in place. 

Pet carriers can be great at preventing an excited or scared pet from moving around the car too much, causing the driver to take their eyes off the road, risking the dangers of a crash. 

Use barriers for bigger animals

Manufacturers often only produce carriers in limited sizes – and this can cause problems for pet owners with larger animals. Those owners can use pet barriers, instead. These are designed to block a pet from gaining access to the front seat. 

If you were in a car crash with a driver who was distracted by their pet, then you may need to seek legal help to recover from your losses. In New York, “no-fault” laws require injured drivers to file first against their own insurance. If their injuries are severe, however, they may be able to file a claim against the other party’s insurance. Understanding the rules can be difficult without assistance.

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Most tourists find that bringing their own vehicles or arranging for rental cars gives the most control over where they can go and can also keep their costs lower than what they might be when relying on taxis or rideshare services.

Unfortunately, there are a lot of risks that come with driving in unfamiliar areas, not the least of which is the possibility that you could experience a crash while on vacation. What will that collision mean for your New York car insurance?

Were you at fault or not?

The most important consideration when determining if the collision will impact your car insurance is whether or not you are at fault for the crash. Drivers in New York typically carry a combination of liability coverage and no-fault personal injury protection (PIP) coverage.

Depending on where you are when you experience the crash caused by another driver, the chances are good that you can make a claim almost exclusively against their policy. If no one gets hurt and you just need to cover the cost of damage to your vehicle or a rental car, the policy of the at-fault driver will typically cover those costs.

When it comes to personal injury expenses, like a hospital bill from and out of network facility, you may need to make a claim against your own PIP coverage to the bodily injury coverage available from the other driver.

However, PIP coverage is typically only useful if the crash occurs in one of the few states that use no-fault insurance. You can count on your PIP coverage if the wreck occurs in New Jersey, Pennsylvania, Massachusetts, Kansas, Florida, Michigan, Utah, Pennsylvania, Hawaii, Minnesota, North Dakota or Kentucky.

If the other driver is uninsured, you may need to make a claim against your uninsured motorist protection. Such claims will often increase what you pay for your coverage, even if it is clear you were not at fault. Understanding the financial implications of a car crash while on vacation can help you make the right moves to protect yourself after the wreck.

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If you are in this situation, understanding comparative negligence laws in New York can help you assess your options for legal claims and compensation.

What is comparative negligence?

Generally speaking, comparative negligence is a statute that says that being partially to blame for a crash causing injuries does not bar you from recovering compensation. It will, however, affect how much money you may collect if you pursue damages for your injuries.

For example, imagine you are leaving work. You’re excited to get home, so you drive slightly over the speed limit. As you cross into an intersection with a green light, you get hit by a drunk driver who runs a red light.

Under these circumstances, an investigation could reveal that your speeding was about 20 percent to blame, while the other driver’s behaviors account for the remaining 80 percent. 

If you were to pursue a lawsuit and the courts award $10,000 for damages, that number is reduced by 20 percent, which is equal to your proportion of liability. 

How do parties measure liability?

Because calculating liability has financial implications, ensuring calculations are accurate is crucial. Typically, insurance adjusters make this determination, but several elements will influence their calculations.

Determining liability can involve examining:

• Crash scene evidence
• Police reports
• Witness statements
• Crash reconstruction findings
• Types, severity and location of damages

You can work with an attorney to help you ensure these investigations and findings are fair and accurate.

Important takeaways

Understanding comparative negligence is crucial if you are considering filing a legal claim. It can give you peace of mind that you can still recover damages, even if you feel partly responsible for the crash.

Another important takeaway is details matter in a crash. Whether you are talking about the physics of a crash or the extent of damages you suffer, these details will affect the outcome of your case and the amount of money you could collect. 

Carrying some liability for a crash can be regrettable, but it doesn’t bar you from pursuing damages in New York.

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