Category: Car Accidents

Distracted driving is a growing concern on Syracuse roads, leading to many accidents each year. Among the most severe outcomes of these incidents are head injuries, which can have life-changing effects. At CDH Law, our Syracuse car accident lawyers understand the challenges those injured by distracted drivers face on the road to recovery. This blog will guide you through pursuing claims against negligent drivers, focusing on critical steps you can take to protect your rights and set yourself up for a successful case.

What Do You Have to Prove in a Distracted Driving Claim?

Plaintiffs need to prove a few key points in a distracted driving claim. First, they must prove that the driver was distracted, whether by texting, using a phone, eating, or any other activity that took their focus off the road. This involves gathering evidence like phone records, witness statements, or video footage.

Next, it’s crucial to demonstrate that the driver’s distraction directly caused the accident and resulting injuries. This means connecting the dots between the driver’s lack of attention and the crash.

Lastly, plaintiffs must clearly outline their losses from the accident, such as medical bills, lost wages, and pain and suffering. Proving these elements is often a challenge, but it’s essential for holding the negligent driver accountable and securing the compensation you need for your recovery. Having a skilled legal team by your side can make all the difference in working through this complex process.

Common Causes of Distracted Driving Accidents

Driving distractions come in many forms, especially as automakers add new technological innovations to their vehicles. Some common causes of Syracuse distracted driving accidents include:

• Texting while driving
• Talking on the phone
• Using GPS or navigation apps
• Adjusting music or radio controls
• Eating or drinking
• Talking to passengers
• Grooming or applying makeup
• Watching videos
• Daydreaming or being lost in thought
• Handling pets or children in the car

Evidence to Help Prove a Distracted Driving Claim

Proving a distracted driving claim hinges on presenting clear, compelling evidence of the other driver’s negligent behavior. Here are some common types of evidence used in these cases:

• Cell phone records: These can show if the driver was texting, calling, or using data at the time of the accident.
• Police report: Officers often make notes of their observations or any admissions of distraction at the scene, which provides an official account of events.
• Witness statements: Bystanders or passengers might have seen the driver using a phone or engaging in other distractions, offering valuable insights.
• Video footage: Dashcams, surveillance cameras, or traffic cams can capture the driver’s actions just before the crash, providing visual proof of distraction.
• Physical evidence: Items found in the car just after the crash, like an open food container or a mobile device set up for a video, can suggest distracting activities.
• Social media activity: Posts or activity logs can indicate whether the driver was using social media when the accident occurred.
• Expert testimony: Specialists in accident reconstruction can help link the evidence to the driver’s distraction, reinforcing the case.

Potential Compensation in a Distracted Driving Claim

The value of a distracted driving claim depends on your injuries, medical bills, how much money you lose from not being able to work, and other factors. It’s essential to work with an experienced attorney who can help you pursue maximum compensation for your losses. Your distracted driving claim could include compensation for:

• Medical bills
• Lost wages and other income
• Reduced future earnings due to a disability
• Pain and suffering
• Psychological distress, including PTSD
• Diminished quality of life
• Damaged personal property

Deadline to File a Distracted Driving Lawsuit in New York

New York law allows only three years from the date of the accident for you to file a distracted driving lawsuit against the at-fault party. If you wait too long to act, you could lose your right to pursue compensation in court.

Contact Our Syracuse Distracted Driving Accident Attorneys Now

If you suffered head trauma or sustained other severe injuries in a distracted driving accident, the team at CDH Law could be your champions in your fight for justice. Call us today or complete our contact form for a free consultation.

Did you recently suffer injuries in a car accident in New York while you were driving without insurance? If so, you might wonder whether you can still file a claim against the at-fault driver. Here’s what you need to know.

New York Insurance Requirements

In New York, all drivers must have auto insurance that meets specific minimum requirements. These requirements include $25,000 in bodily injury liability coverage per person, $50,000 in bodily injury liability coverage per accident, and $10,000 in property damage liability coverage per accident. Additionally, New York requires motorists to carry $50,000 in personal injury protection (PIP) insurance and uninsured motorist coverage for bodily injury.

You can face harsh penalties if you drive without auto insurance in New York. These can include steep fines, vehicle impoundment, and the suspension of your driver’s license and vehicle registration. Repeated offenses can lead to even harsher consequences.

New York follows a no-fault auto insurance system. This means that drivers are expected to file insurance claims against their own policies after a car accident, no matter who caused the accident. If you drive without insurance and get into an accident, you might get stuck paying out-of-pocket for your medical bills and other crash-related expenses.

What Are Your Options as an Uninsured Driver in Syracuse?

Driving without insurance puts you at a significant disadvantage if an accident happens. However, you might still have a few ways to recover compensation, such as:

• Filing a Claim Against the At-Fault Driver’s Insurance: If another driver causes an accident that leaves you with serious injuries, their insurance might cover your medical bills and a portion of your lost income. You must show that the other driver was at fault when you file this type of claim.
• Suing the At-Fault Driver Directly: If the other driver’s insurance doesn’t fully cover your costs, or if you’re having trouble with their insurance, you could take the driver to court. This can be a lengthy and complex process, so it’s best to hire a lawyer.
• Checking Your Credit Card: If the accident happened while you were driving a rental car, the credit card you used to make the purchase might provide group insurance coverage. Check your terms for details.
• Filing a No-Fault Claim Through a Household Family Member’s Insurance: If you live with a family member who has auto insurance, their policy might cover you under New York’s no-fault insurance rules. This coverage can pay for your medical expenses and a part of your lost wages.
• Submitting a Claim to MVAIC: New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) could provide compensation if you don’t have insurance and can’t get covered under a household family member’s policy. You must meet specific requirements to get compensation from the MVAIC, like reporting the accident quickly and filing your claim within strict deadlines.
• Using Your Health Insurance: Your health insurance policy can cover your medical bills after an accident if no auto insurance is available. However, you might have to pay out-of-pocket costs like deductibles or copays.
• Seeking Help from State or Charitable Programs: Some charitable organizations offer financial assistance to those hurt in car accidents. They might help with your medical expenses even if you don’t have auto insurance.

If these options don’t work for you, you might have to pay for your medical treatment and other crash-related expenses out of pocket. This can get expensive, so it’s usually the last resort. A Syracuse accident injury lawyer can review your situation and help you explore your options.

Contact a Central New York & Syracuse Accident Lawyer Today

If you were hurt in a car accident while driving without insurance in Syracuse, New York, determining your next steps can be hard – but you don’t have to make them alone. Call Carden Dotzler Hammond, PLLC, today for a free initial consultation, and let’s discuss how we can help you move forward.

Accidents can have a profound impact on individuals and their families, extending beyond physical injuries to affect emotional and relational aspects of life. This blog delves into the legal concept of ‘loss of consortium’ in New York State, which recognizes the non-economic hardships faced by spouses when their partner is injured. If an accident negatively impacts the marital relationship, the unaffected spouse might have grounds to seek compensation for the intangible losses, such as companionship, affection, and sexual relations.

Loss of Consortium: Can My Spouse Collect If an Accident Affects Our Marriage?

In New York, accident victims and their loved ones may be entitled to compensation for various damages, including “loss of consortium.” Loss of consortium damages recognize the intangible damages your spouse can suffer after you have been injured in an accident. It refers to the deprivation of the benefits of a spousal relationship. This can include companionship, affection, comfort, and support. While personal injury claims traditionally focus on the injured party’s physical and financial losses, loss of consortium acknowledges that an injured party’s spouse can also feel impacts.

While New York recognizes the right of a spouse to seek damages for loss of consortium, establishing a claim for loss of consortium requires proof that the injury has significantly affected the quality and nature of the relationship. Both the impact on the relationship and the duration of the impact will be considered in a loss of consortium claim. It must be shown how the injury has altered the dynamics of the relationship. This can include presenting evidence of diminished companionship, emotional support, and intimacy. The duration of the impact is another key factor. Temporary disruptions may not suffice to support a claim, whereas long-term or permanent changes in the relationship are more likely to be considered.

In some cases, expert testimony may be necessary to establish the extent of the impact on the relationship. Mental health professionals or marriage counselors may be called upon to provide insights into the emotional toll the injury has taken on the family. Additionally, it can be helpful to keep detailed records of changes in your relationship, including communication, shared activities, and emotional well-being to act as valuable pieces of evidence to strengthen your loss of consortium claim. Photographs, videos, and witness statements can also be compelling pieces of evidence.

Central New York Personal Injury Attorneys

It is important for victims and their loved ones to be aware of the damages available to them in seeking compensation after a loved one has been injured in an accident. New York allows spouses of accident victims to seek compensation for loss of consortium and, in doing so, acknowledges the profound impact an accident can have on the spousal relationship. If you or a loved one has suffered injuries in an accident, do not delay in reaching out to the knowledgeable personal injury team at CDH Law to help ensure you are fairly compensated for the harm you have suffered. Contact us today.

Dash cam footage is becoming more and more popular in vehicles. As a result, there have been questions on whether or not dash cam footage can be used as evidence for a case. After all, dash cam footage could be compelling evidence of fault and the extent of damages sustained in an automobile accident injury case. Let’s take a look at whether dash cam footage is admissible in court.

Can I Use Dash Cam Footage in My Personal Injury Case?

An increasing number of people are opting to install dash cams in their vehicles in the hopes of the recording device working to protect their legal rights and act as evidence of fault in the event of a car crash occurring. Dash cams are video recording devices. Sometimes they come with audio recordings as well. They are installed in vehicles and will start recording automatically when the vehicle is turned on. Most commonly, they are hardwired directly into the vehicle’s electrical system. The recorded video is stored on an SD card.

New York permits the use of dash cams as there are no specific laws on the books that would prohibit their use. While they are generally considered to be legal, however, there are still a few things to keep in mind before you install one in your own vehicle. First, it is always prudent to check with local authorities to make sure that they are permitted in your area. There may be some local laws or regulations that may prohibit the use of dash cams. Furthermore, you should be mindful that dash cams will be subject to the same rules and regulations that are applicable to other forms of video recording in the state of New York. For instance, in New York, it may be illegal to record someone without their consent depending on the circumstances. Generally speaking, however, if your dash cam is focused on the roadway as opposed to being aimed at recording specific people, you should not run afoul of these privacy laws.

While a dash cam may be legal and make a legal recording, this does not necessarily mean that the video footage will be admissible in court. It is important to first make it clear that dash cam footage may be admissible in court, but the video footage must first be deemed accurate and dependable. It must also be determined that the footage has not been altered in any way. You will need to make a statement under oath that the footage is authentic and is an accurate portrayal of what occurred in the accident. Should you lie or omit key facts, you can be charged with perjury.

Central New York Personal Injury Attorneys

At CDH Law, our team launches detailed investigations into your accident and injury claim. This includes reviewing relevant evidence, including dash cam footage. We do this so we can provide you with the best in trusted legal representation. Contact us today.