Drivers

DRIVERS IN MOTOR VEHICLE ACCIDENTS

Failure to use reasonable care while driving a motor vehicle may be due to the following, among other things:

• Reckless driving;

• Speeding;

• Tailgating;

• Improper lane change;

• Aggressive driving;

• Failure to yield the right-of-way;

• Cell phone use while driving;

• Texting messages while driving;

• Drunk driving or driving while under the influence of drugs;

• Lack of sleep;

• Simply not paying attention;

• Eating/drinking in the vehicle causing inattention of the driver;

• Failure to obey traffic lights and other traffic signals;

• Failure to adjust driving to the prevailing weather conditions outside;

• Failure to heed to specific roadway conditions such as construction or other hazards on the roadway.

Additionally, individuals, companies, businesses, employers and/or other entities other than the driver of a motor vehicle may also be negligent for actions or the failure to act including but not limited to the following:

• Failure to properly train an employee who is operating a particular vehicle;

• Failure to properly maintain or repair a vehicle prior to its use on the public roadway;

• Failure to properly inspect a vehicle prior to its use on the roadway;

• Negligent hiring of an employee who is driving for the employer;

A motor vehicle accident can cause devastating injuries or even result in the death of a loved one.Often, injuries can be chronically disabling resulting in hospital treatment, in-patient admissions,operative procedures and surgeries, rehabilitation, therapy, lost income, lost future benefits,physical pain, emotional suffering and permanent life long disability.

Our law offices have been dedicated to representing the victims of motor vehicle accidents for over 25 years whether those accidents have occurred in the 5 boroughs or the various Counties, Towns and Villages throughout New York State (as well as outside the State of New York). Our experience and dedication to representing New York motor vehicle accident victims have earned us the legal expertise and financial resources to pursue our client’s claims and cases with the most effective representation. We are committed to doing everything in our power to make sure we achieve full justice for you and your family as well as the most desirable outcome to benefit you and your loved ones.

THINGS YOU SHOULD DO AFTER A MOTOR VEHICLE ACCIDENT:

• Insist that a report be filed with the police, sheriff or highway patrol;

• Obtain the name, address, insurance information, vehicle license number and driver’s licence number of any and all other persons involved in the accident;

• Additionally, get the names, addresses and telephone numbers of all witnesses;

• Photograph the accident scene if possible including all cars involved (before repairing) and any visible injuries (cuts, bruises, etc.);

• Do not talk to anybody about the accident or injuries other than your doctor or lawyer,especially not to an insurance company representative or adjuster who represents a person or potential party adverse to you;

• Sign nothing without consulting an attorney or law offices such as ours. Truthful statements made in an attempt to be helpful can easily be misrepresented and turned against you;

• Seek medical attention and tell your physician or surgeon all of your symptoms and complaints even if the symptoms or complaints may seem minor to you at the time;

• Consult our office or another attorney for legal advise immediately.

THINGS YOU SHOULD NOT DO AFTER A MOTOR VEHICLE ACCIDENT:

• Do not accept any cash offering to sign on with a particular personal injury lawyer or lawfirl as such conduct is also illegal and unethical;

• Do not give any insurance company a recorded or written statement until you have determined how you wish to proceed. It is important to be aware of the extent of your rights and how your actions from this point on can effect those rights;

• Do not sign any release or waiver or any other document until you have spoken to our office or another attorney who concentrates in this area of the law. You may feel pressure to sign something from an insurance company but it is your right to explore your options before you do anything. Just make sure that you do take appropriate action within a short period of time so that you comply with all time limitations in order to preserve any claim you may have;

• Do not accept any check from your insurance company without having obtained legal advice and carefully weighing your options;

• Do not speak to anybody about your accident or your injuries without verifying who that person is or determining who that person represents in connection with the accident;

• Do not rely on legal advice from a non-lawyer who does not have the knowledge or expertise to give you an opinion based on the circumstances surrounding your situation.

HOW ARE MEDICAL/HEALTH EXPENSES, LOST EARNINGS

AND OTHER EXPENSES COVERED IN A MOTOR VEHICLE ACCIDENT?

(1) All necessary expenses incurred for:

(i) Medical, hospital, surgical, nursing, dental,ambulance, x-ray, prescription drug and prosthetic services;

(ii) Psychiatric, physical therapy (provided that treatment is rendered pursuant to a referral) and occupational therapy and rehabilitation;

(iii) Any non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this state; and

(iv) Any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertainable that further expenses may be incurred as a result of the injury.

(2) Loss of earnings from work up to $2,000.00 per month for no more than 3 years from the date of the accident;

(3) All other reasonable and necessary expenses incurred, up to $25.00 per day for no more than 1 year from the date of the accident (e.g., household help and transportation expenses to/from medical treatment resulting from the auto

accident; and

(4) A $2,000.00 death benefit (in addition to the $50,000.00 basic no-fault limit), payable to the estate of a person eligible for no-fault benefits who was killed in a motor vehicle accident.

However, under most insurance policies, a person will be ineligible for no-fault benefits if:

• Driving while intoxicated or impaired by use of a drug that contributes to the accident;

• Intentionally causing his or her own injuries;

• Riding an all terrain vehicle (ATV) or a motorcycle as operator or passenger (a pedestrian struck by a motorcycle or ATV is covered);

• Injured while committing a felony;

• Injured while in a vehicle known to be stolen; or

• An owner of an uninsured vehicle.

Basically, no-fault, also known as personal injury protection (PIP), is designed to promptly pay the above“Basic Economic Loss”coverage to the driver and all passengers injured in a vehicle because of its use or operation in the State of New York.

The purpose of no-fault insurance is to restore individuals hurt in motor vehicle accidents to health and productivity as swiftly as possible. It is important to realize that this coverage relating to “basis economic loss”is separate and apart from any right or ability you have to start a lawsuit and make a claim for your pain, suffering and loss of enjoyment due to your debilitating injuries which relates to a “non-economic loss”resulting from a motor vehicle accident which will be further discussed below.

In order to qualify for this no-fault benefit coverage certain documentation relating to no-fault must be submitted to the appropriate insurance carrier responsible for the no-fault coverage within 30 days of the motor vehicle accident. This documentation once it is properly executed by you will trigger the no-fault coverage you are entitled to. Eventually, the insurance company furnishing you with no-fault benefits will send you for what is referred to as an “Independent Medical Examination”(IME) to determine whether you still need medical treatment. Of course, this IME is often anything but independent and the examinee physician chosen by the insurance company will indicate that you are no longer in need for further treatment thereby enabling the insurance carrier to cut you off from further benefits. Once you have been cut off or denied further no-fault benefits, you are then free to utilize any private health insurance you may have, if available.

Of course, there are many nuances and other variables that come into play under the no-fault law and all the different coverage available including the limitations and exceptions associated therewith. Only an experienced attorney practicing in this area of the law can guide you and provide you with an appropriate opinion. We urge you to either contact our office or any other competent counsel for this purpose.

WHAT NEEDS TO BE PROVEN IN ORDER TO RECOVER FINANCIAL COMPENSATION

FOR PAIN AND SUFFERING AND OTHER NON-MONETARY DETRIMENT?

Our law offices have fought and will continue to fight in order to protect all of the rights of the victims we represent in order to pursue damages for pain and suffering and the full extent of our client’s injuries. It is for this reason that we urge all of our clients or anybody for that matter to make sure that proper care and treatment is received from the onset of any complaints or symptoms and that all injuries including any symptoms and complaints are fully documented by any treating health care provider from the inception of treatment.

The number, frequency and duration of your treatments will certainly have an impact on your ability to meet the threshold for a serious injury in the State of New York.

§5102(d) of the New York State Insurance Law defines 8 standards in order to meet the “serious injury”threshold. Therefore, in order to pursue a lawsuit for “non-economic loss”(pain and suffering) a person must satisfy at least one (1) of the following definitions before he or she can pursue a lawsuit:

1. Personal injury which results in death;

2. Dismemberment or significant disfigurement;

3. Fracture;

4. Loss of a fetus;

5. Permanent loss of use of a body organ, member, function or system;

6. Permanent consequential limitation of use of a body organ or member;

7. Significant limitation of use of a body function or system; or

8. A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such persons’usual and customary daily activities for not less than ninety (90) days during the one hundred eighty (180) days immediately following the occurrence of the injury or impairment.

You will notice that the law defines items one through four clearly andmakes those items relatively easy to determine. However, items five, six, seven and eight leave room for debate and argument. In many cases, the ability of a person to meet the serious injury standard depends on meeting one of the requirements listed in items five through eight.

Obviously, talking to our office will help you comprehend these definitions with more clarity.Unfortunately, the Courts have made determinations and given rulings which further define these definitions through a process known as “case law”. In this regard, proving that you have suffered a serious injury in the eyes of the Court requires your attorney to review your medical files and consult with your doctors. As a result of your various injuries and the diagnoses given by your doctors and any other health care providers, we will be able to analyze your injuries in conjunction with the various case law that exists to find legal support in order to prove that your ongoing injuries meets the legal threshold for“serious injury”or be able to tell you that in our opinion your injuries do not meet the legal threshold enabling you to bring a lawsuit for pain and suffering.

The Court will look at several key issues in assessing an injury such as follows:

1. Do the damages meet one of the eight standards listed above?

2. Were there pre-existing injuries that the individual suffered from and if so how do

those pre-existing injuries affect the injury that is being claimed?

3. What is the nature of the injuries and their impact on the Plaintiff?

4. Was there any gap in treatment where somebody did not go to the doctor or any

other health care provider for a significant period of time and if so why?

5. Are any of the physical limitations in terms of body function quantified and

documented by any of the treating health care providers?

6. Are the medical records that are being used to prove a serious injury certified or

reliable enough for the Court to utilize same in making this determination?

Your lawyer must guide you through this process and help prepare your case in order to prove all

of the necessary elements of a “serious injury”. As lawyers, we cannot perform a miracle or even

attempt to show that which does not exist. If you lack an injury, we cannot prove that you have

one. However, there are many motor vehicle and/or pedestrian accident cases which do fall in a

gray area where having a good attorney will make a big difference in how your case is presented

and received by the Courts.

WHAT IF I HAVE NO MEDICAL INSURANCE OR COVERAGE IN ORDER TO PAY FOR

MEDICAL CARE AND TREATMENT?

WHAT CAN I EXPECT IF I CALL YOUR OFFICE FOR HELP?

You will be put into direct communication with either Mr. Perlman or Mr. Rosen who will speak to you directly during this time of need and uncertainty. You will also receive straightforward answers from Mr. Perlman and Mr. Rosen who have over fifty years of combined experience representing victims of disabling accidents and injuries. Youwill never be charged any fee or asked to pay us any money in order to talk to us so that we can determine whether you have a claim or lawsuit. And most of all, remember, we are here to help you.

DRIVERS AND PASSENGERS IN MOTOR VEHICLE ACCIDENTS

Unfortunately, motor vehicle accidents happen everyday injuring and killing thousands of people.Since 1924, New York State law has mandated that every owner of a motor vehicle operated onthe roads of the State is liable and responsible for death, personal injuries and property damagecaused by the negligent operation of a motor vehicle by a driver or that vehicle in mostcircumstances. The enactment of this law is basically meant to ensure that innocent victims ofmotor vehicle accidents have recourse and the ability to seek financial compensation for theinjuries and damages from financially responsible persons, companies and/or businesses whichown the vehicle. In other words, even if the owner is not the one who is behind the wheel whenthe crash occurred, the owner whether it is an individual, company, business or entity will still beresponsible for the wrongful actions of the driver of its vehicle. Furthermore, a business who hiresan employee who fails to perform his functions and duties in a proper manner which results in amotor vehicle accident will also be held accountable and responsible due to the wrongful conductof said employee which caused a motor vehicle accident.Failure to use reasonable care while driving a motor vehicle may be due to the following, amongother things:• Reckless driving;• Speeding;• Tailgating;• Improper lane change;• Aggressive driving;• Failure to yield the right-of-way;• Cell phone use while driving;• Texting messages while driving;• Drunk driving or driving while under the influence of drugs;• Lack of sleep;• Simply not paying attention;• Eating/drinking in the vehicle causing inattention of the driver;• Failure to obey traffic lights and other traffic signals;• Failure to adjust driving to the prevailing weather conditions outside;• Failure to heed to specific roadway conditions such as construction or other hazards on theroadway.Additionally, individuals, companies, businesses, employers and/or other entities other than thedriver of a motor vehicle may also be negligent for actions or the failure to act including but notlimited to the following:• Failure to properly train an employee who is operating a particular vehicle;• Failure to properly maintain or repair a vehicle prior to its use on the public roadway;• Failure to properly inspect a vehicle prior to its use on the roadway;• Negligent hiring of an employee who is driving for the employer;A motor vehicle accident can cause devastating injuries or even result in the death of a loved one.Often, injuries can be chronically disabling resulting in hospital treatment, in-patient admissions,operative procedures and surgeries, rehabilitation, therapy, lost income, lost future benefits,physical pain, emotional suffering and permanent life long disability.Our law offices have been dedicated to representing the victims of motor vehicle accidents for over25 years whether those accidents have occurred in the 5 boroughs or the various Counties, Townsand Villages throughout New York State (as well as outside the State of New York). Ourexperience and dedication to representing New York motor vehicle accident victims have earnedus the legal expertise and financial resources to pursue our client’s claims and cases with the mosteffective representation. We are committed to doing everything in our power to make sure weachieve full justice for you and your family as well as the most desirable outcome to benefit youand your loved ones.

THINGS YOU SHOULD DO AFTER A MOTOR VEHICLE ACCIDENT:

• Insist that a report be filed with the police, sheriff or highway patrol;• Obtain the name, address, insurance information, vehicle license number and driver’slicence number of any and all other persons involved in the accident;• Additionally, get the names, addresses and telephone numbers of all witnesses;• Photograph the accident scene if possible including all cars involved (before repairing) andany visible injuries (cuts, bruises, etc.);• Do not talk to anybody about the accident or injuries other than your doctor or lawyer,especially not to an insurance company representative or adjuster who represents a personor potential party adverse to you;• Sign nothing without consulting an attorney or law offices such as ours. Truthfulstatements made in an attempt to be helpful can easily be misrepresented and turnedagainst you;• Seek medical attention and tell your physician or surgeon all of your symptoms andcomplaints even if the symptoms or complaints may seem minor to you at the time;• Consult our office or another attorney for legal advise immediately.

THINGS YOU SHOULD NOT DO AFTER A MOTOR VEHICLE ACCIDENT:

• Do not permit any lawyer or their representative whether it be an investigator or anyoneelse to approach you or your family at this vulnerable time for the purpose of having yourepresented by them inasmuch as solicitation in this manner is unethical and illegal (beaware of people approaching you or telephoning you for this purpose);• Do not accept any cash offering to sign on with a particular personal injury lawyer or lawfirlas such conduct is also illegal and unethical;• Do not give any insurance company a recorded or written statement until you havedetermined how you wish to proceed. It is important to be aware of the extent of yourrights and how your actions from this point on can effect those rights;• Do not sign any release or waiver or any other document until you have spoken to ouroffice or another attorney who concentrates in this area of the law. You may feel pressureto sign something from an insurance company but it is your right to explore your optionsbefore you do anything. Just make sure that you do take appropriate action within a shortperiod of time so that you comply with all time limitations in order to preserve any claimyou may have;• Do not accept any check from your insurance company without having obtained legaladvice and carefully weighing your options;• Do not speak to anybody about your accident or your injuries without verifying who thatperson is or determining who that person represents in connection with the accident;• Do not rely on legal advice from a non-lawyer who does not have the knowledge orexpertise to give you an opinion based on the circumstances surrounding your situation.

HOW ARE MEDICAL/HEALTH EXPENSES, LOST EARNINGSAND OTHER EXPENSES COVERED IN A MOTOR VEHICLE ACCIDENT?

As a victim involved in a motor vehicle accident, there have been laws enacted in the State of NewYork to provide benefits for motor vehicle accident victims which allow for coverage related to yourmedical, remedial and certain health care expenses including lost earnings as defined by the Stateof New York insurance law. This coverage is known as “Basic Economic Loss”and is available forup to $50,000.00 per person of the following combined items:(1) All necessary expenses incurred for:(i) Medical, hospital, surgical, nursing, dental,ambulance, x-ray, prescription drug and prostheticservices;(ii) Psychiatric, physical therapy (provided that treatmentis rendered pursuant to a referral) and occupationaltherapy and rehabilitation;(iii) Any non-medical remedial care and treatmentrendered in accordance with a religious method ofhealing recognized by the laws of this state; and(iv) Any other professional health services; all withoutlimitation as to time, provided that within one yearafter the date of the accident causing the injury it isascertainable that further expenses may be incurredas a result of the injury.(2) Loss of earnings from work up to $2,000.00 per month for no more than 3 yearsfrom the date of the accident;(3) All other reasonable and necessary expenses incurred, up to $25.00 per day for nomore than 1 year from the date of the accident (e.g., household help andtransportation expenses to/from medical treatment resulting from the autoaccident; and(4) A $2,000.00 death benefit (in addition to the $50,000.00 basic no-fault limit),payable to the estate of a person eligible for no-fault benefits who was killed in amotor vehicle accident.However, under most insurance policies, a person will be ineligible for no-fault benefits if:• Driving while intoxicated or impaired by use of a drug that contributes to the accident;• Intentionally causing his or her own injuries;• Riding an all terrain vehicle (ATV) or a motorcycle as operator or passenger (a pedestrianstruck by a motorcycle or ATV is covered);• Injured while committing a felony;• Injured while in a vehicle known to be stolen; or• An owner of an uninsured vehicle.Basically, no-fault, also known as personal injury protection (PIP), is designed to promptly pay theabove“Basic Economic Loss”coverage to the driver and all passengers injured in a vehicle becauseof its use or operation in the State of New York.The purpose of no-fault insurance is to restore individuals hurt in motor vehicle accidents to healthand productivity as swiftly as possible. It is important to realize that this coverage relating to“basis economic loss”is separate and apart from any right or ability you have to start a lawsuit andmake a claim for your pain, suffering and loss of enjoyment due to your debilitating injuries whichrelates to a “non-economic loss”resulting from a motor vehicle accident which will be furtherdiscussed below.In order to qualify for this no-fault benefit coverage certain documentation relating to no-faultmust be submitted to the appropriate insurance carrier responsible for the no-fault coverage within30 days of the motor vehicle accident. This documentation once it is properly executed by you willtrigger the no-fault coverage you are entitled to. Eventually, the insurance company furnishingyou with no-fault benefits will send you for what is referred to as an “Independent MedicalExamination”(IME) to determine whether you still need medical treatment. Of course, this IMEis often anything but independent and the examinee physician chosen by the insurance companywill indicate that you are no longer in need for further treatment thereby enabling the insurancecarrier to cut you off from further benefits. Once you have been cut off or denied further no-faultbenefits, you are then free to utilize any private health insurance you may have, if available.Of course, there are many nuances and other variables that come into play under the no-fault lawand all the different coverage available including the limitations and exceptions associatedtherewith. Only an experienced attorney practicing in this area of the law can guide you andprovide you with an appropriate opinion. We urge you to either contact our office or any othercompetent counsel for this purpose.

WHAT NEEDS TO BE PROVEN IN ORDER TO RECOVER FINANCIAL COMPENSATIONFOR PAIN AND SUFFERING AND OTHER NON-MONETARY DETRIMENT?

Irrespective of any right you have to receive coverage for your medical expenses and othercoverage described as “Basic Economic Loss”above, the law in New York State requires you toprove that you have sustained a “serious injury”(a legal definition) before you can collect moneydamages for pain, suffering and the debilitating effects of injuries sustained in a motor vehicleaccident. In this regard, the State of New York through statute(s) enacted by legislation and caselaw (Court decisions) has made clear that it intends to strictly enforce the threshold for seriousinjury so as to limit the number of lawsuits involvingmotor vehicle accidents. Obviously, the intentis to keep minor personal injury cases out of Court.Our law offices have fought and will continue to fight in order to protect all of the rights of thevictims we represent in order to pursue damages for pain and suffering and the full extent of ourclient’s injuries. It is for this reason that we urge all of our clients or anybody for that matter tomake sure that proper care and treatment is received from the onset of any complaints orsymptoms and that all injuries including any symptoms and complaints are fully documented byany treating health care provider from the inception of treatment.The number, frequency and duration of your treatments will certainly have an impact on yourability to meet the threshold for a serious injury in the State of New York.§5102(d) of the New York State Insurance Law defines 8 standards in order to meet the “seriousinjury”threshold. Therefore, in order to pursue a lawsuit for “non-economic loss”(pain andsuffering) a person must satisfy at least one (1) of the following definitions before he or she canpursue a lawsuit:1. Personal injury which results in death;2. Dismemberment or significant disfigurement;3. Fracture;4. Loss of a fetus;5. Permanent loss of use of a body organ, member, function or system;6. Permanent consequential limitation of use of a body organ or member;7. Significant limitation of use of a body function or system; or8. A medically determined injury or impairment of a non-permanent nature whichprevents the injured person from performing substantially all of the material actswhich constitute such persons’usual and customary daily activities for not less thanninety (90) days during the one hundred eighty (180) days immediately followingthe occurrence of the injury or impairment.You will notice that the law defines items one through four clearly andmakes those items relativelyeasy to determine. However, items five, six, seven and eight leave room for debate and argument.In many cases, the ability of a person to meet the serious injury standard depends on meeting oneof the requirements listed in items five through eight.Obviously, talking to our office will help you comprehend these definitions with more clarity. Unfortunately, the Courts have made determinations and given rulings which further define thesedefinitions through a process known as “case law”. In this regard, proving that you have suffereda serious injury in the eyes of the Court requires your attorney to review your medical files andconsult with your doctors. As a result of your various injuries and the diagnoses given by yourdoctors and any other health care providers, we will be able to analyze your injuries in conjunctionwith the various case law that exists to find legal support in order to prove that your ongoinginjuries meets the legal threshold for“serious injury”or be able to tell you that in our opinion yourinjuries do not meet the legal threshold enabling you to bring a lawsuit for pain and suffering.The Court will look at several key issues in assessing an injury such as follows:1. Do the damages meet one of the eight standards listed above?2. Were there pre-existing injuries that the individual suffered from and if so how dothose pre-existing injuries affect the injury that is being claimed?3. What is the nature of the injuries and their impact on the Plaintiff?4. Was there any gap in treatment where somebody did not go to the doctor or anyother health care provider for a significant period of time and if so why?5. Are any of the physical limitations in terms of body function quantified anddocumented by any of the treating health care providers?6. Are the medical records that are being used to prove a serious injury certified orreliable enough for the Court to utilize same in making this determination?Your lawyer must guide you through this process and help prepare your case in order to prove allof the necessary elements of a “serious injury”. As lawyers, we cannot perform a miracle or evenattempt to show that which does not exist. If you lack an injury, we cannot prove that you haveone. However, there are many motor vehicle and/or pedestrian accident cases which do fall in agray area where having a good attorney will make a big difference in how your case is presentedand received by the Courts.

WHAT IF I HAVE NO MEDICAL INSURANCE OR COVERAGE IN ORDER TO PAY FORMEDICAL CARE AND TREATMENT?

As we have indicated above, if you have been involved in any type of motor vehicle accidentwhether as a driver, passenger or even a pedestrian, your medical bills will be covered through nofaultinsurance. Therefore, it is not necessary for you to have private health insurance or coveragefrom any other source. If you do not have a doctor or any other health care provider and you arenot sure where to turn or who to go see, certainly we can assist you in obtaining immediate andexcellent medical care and treatment in order for you to get better. These health care providerswill receive payment for any medical services rendered to you directly from the no-fault provider(insurance company) which is responsible for paying all of your medical expenses under no-faultlaw as a result of the motor vehicle accident.WHAT CAN I EXPECT IF I CALL YOUR OFFICE FOR HELP?You will be put into direct communication with either Mr. Perlman or Mr. Rosen who will speakto you directly during this time of need and uncertainty. You will also receivestraightforward answers from Mr. Perlman and Mr. Rosen who have over fifty years ofcombined experience representing victims of disabling accidents and injuries. Youwill neverbe charged any fee or asked to pay us any money in order to talk to us so that we candetermine whether you have a claim or lawsuit. And most of all, remember, we are hereto help you.

How Can We Help?

Call 212-689-5000 Now To Get an Aggressive Attorney to review your case

Drivers