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Rochester Personal Injury Law Blog

What damages can you seek in a New York wrongful death claim?

If you have suffered the death of a loved one in New York due to the negligent or reckless actions of others, you may consider filing a wrongful death claim. Although such an action will not bring back the person you lost, it may provide you and the others he or she left behind with some financial relief as you grieve and adjust. Therefore, it may be helpful for you to understand the types of damages that may be awarded in wrongful death actions.

New York state law dictates that juries or judges in wrongful death cases may award pecuniary damages in an amount that they deem just and fair for the related losses. These types of damages cover those losses that can be measured in financial terms. This includes any medical bills incurred prior to your loved one’s death as a result of the injuries he or she suffered, as well as any reasonable funerary expenses that you were responsible for.

When you are hurt in a car accident caused by a pothole

Numerous potholes plague New York streets. The recent winter storm has brought a new batch of potholes, and this spells danger for any motorists out there. 

A pothole can contribute to a crash with another vehicle. However, it can also cause damage to only one car, and that damage comes with any injuries the people inside sustain. Many wonder what their options are when a pothole clearly shares some of the blame. Above all else, it is vital to have professional assistance to help guide you through this process. 

When a passenger is hurt in a motorcycle crash

There are a number of considerations when it comes to motorcycle collisions, from factors which cause crashes to the consequences of a wreck. Sometimes, these accidents are the result of negligence on behalf of someone operating a passenger vehicle or a truck, while other accidents may be caused by a motorcyclist’s error or recklessness. Moreover, some accidents can be especially tough, such as those which involve a passenger riding along on a motorcycle.

When it comes to the consequences of a crash, motorcycle passengers face the same risks. Some may feel as if they do not have any control over the situation and it can be extremely devastating when a motorcycle passenger is involved in a collision. Passengers may be thrown from the motorcycle or struck by another vehicle. These accidents can claim the lives of passengers, as well as those operating motorcycles, and they can also lead to massive injuries such as brain trauma, a broken back, spinal cord injuries and so on.

E-cigarettes and driving

When it comes to e-cigarettes, there are a number of potential reasons why they can be dangerous behind the wheel. First, these devices can be very distracting, and distracted driving has claimed countless lives over the years. Aside from taking a driver’s attention off of the road, they can also result in intoxication. For example, someone who is inexperienced with these devices may become dizzy or feel lightheaded behind the wheel, which can be very dangerous too.

The use of e-cigarettes, also known as vape pens, is especially prominent among young adults and teenagers, some of whom may be inexperienced drivers as well. As a result, the potentially distracting and intoxicating effects of e-cigarettes can be especially dangerous for younger drivers. If you have a child who likes to vape, it is important to discuss these risks with them and make sure that they stay safe and focused while driving.

Safely sharing the roads with big rigs

With more vehicles on New York highways than ever before, sharing the road is critical. The trucking industry is a vital part of the U.S. economy, and safely sharing the road requires extra precautions. The team at Brenna Boyce PLLC Attorney at Law often represents clients catastrophically injured in a collision with a tractor-trailer truck.

Nationwide Mutual Insurance Company reports that driving near big trucks is different than when traveling alongside passenger vehicles. Due to their size, their blind spot is bigger; they need more time to stop and require more space to maneuver.  It also takes more time to pass them. As a result, you must take appropriate action:

  • Maintain a steady speed.
  • Make sure you can see the cab of the truck in your rearview mirror before pulling back into their lane.
  • Passing on the left maximizes visibility.
  • When an 18-wheeler passes you, reduce your speed slightly. This makes it easier for the truck to get around your car.

Choosing the best television shows for a senior relative

Both the physical and psychological health of your elderly relative should be maintained in a New York nursing home, so if your loved one is susceptible to emotional mood swings from watching certain forms of television shows, you should be ready to discuss these issues if your relative is going to stay at a nursing home. This can be a particular concern if your loved one is not able to change a television channel or suffers from dementia.

Caregivers.com explains that people who suffer from dementia are especially vulnerable since they have trouble telling the difference between fiction and reality. For this reason, they may become emotionally disturbed if they watch a movie or television show that is sad, frightening or violently charged. Dementia sufferers also might take on intense emotions, positive or negative, that mirror what they see on their television screen.

Workplace injuries and extreme cold

Workers become hurt during all times of the year but some seasons can present especially dangerous conditions. For example, the winter months can be particularly dangerous for people who work in some parts of the country and are employed in certain occupations, such as those who work outdoors. There are a number of factors to consider when it comes to work-related injuries and cold weather, and these issues are especially relevant given the recent polar vortex that impacted many parts of the U.S. By recognizing some of the risks you may face, you could lessen the probability of a work accident.

Cold weather in and of itself can be dangerous, and sub-zero temperatures can claim lives and cause injuries due to frostbite. Moreover, extreme cold can cause surfaces to become icy, which can lead to a slip-and-fall accident. Furthermore, people who work in very cold weather may be more likely to drop equipment they are holding or make a mistake. For example, a construction worker who is working outside while it is very cold may drop a tool they are using, and it may fall and hit someone who is working beneath them.

Reckless drivers and rear-end collisions

People behave irrationally on the road in different ways and for various reasons. For example, a drunk driver may cross over the center line and drive into oncoming traffic, or someone may lose control of their vehicle around a turn because they are driving too fast. Reckless drivers may also cause a crash when they collide with another vehicle driving in front of them. For example, a rear-end collision may happen because a negligent driver was paying attention to their phone and did not realize that they should have come to a stop at an intersection, slamming into the car in front of them.

Sometimes, rear-end collisions happen at somewhat low speeds and nobody is hurt. However, this can still be a very startling experience for those who are struck by another vehicle, and it can also result in mental trauma and property damage. In other instances, rear-end collisions prove fatal or cause significant injuries, and this is especially likely to happen when a driver is traveling at a high rate of speed. From drug and alcohol use to fatigue, distractions and inexperience, there are all sorts of risk factors that can lead to a rear-end collision.

Avoid falling for these motorcycle accident myths

High-speed motorcycle accidents can result in death or catastrophic injuries. Other motorcycle mishaps seem insignificant by comparison. They can involve laying the bike down or experiencing a rear-end tap from a car. The rider may remain mounted or fall slowly to the pavement, sustaining a few bruises or, at worst, a mild fracture.

Motorcycle riders may assume that a gentle collision is harmless. They might be wrong.

Brain damage after a motorcycle crash

Motorcyclists face an array of risks on the road, and if they are struck by a vehicle or someone loses control of their motorcycle while riding, there may be a number of consequences that can make life tough. Various injuries and even the loss of life is a serious concern, and many people who are hurt experience other hardships in their life, such as financial problems. Moreover, some motorcycle accident consequences are not clear right away and take some time to become evident, such as brain injuries which do not reveal the full extent of damage until later on.

Motorcycle accidents can lead to traumatic brain injuries and mental trauma as well. A motorcycle crash victim may have difficulty with respect to their memory, or their personality may even change. They may become more aggressive or have difficulty when it comes to social interaction. Depression, anxiety and other emotional challenges may also occur.

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Super Lawyers

Robert L. Brenna, Jr.Selected to Super Lawyers: 2007 - 2018

Sheldon W. Boyce, Jr.Selected to Super Lawyers: 2007 - 2018

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Brenna Boyce PLLC Attorney at Law
31 East Main Street
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Rochester, NY 14614

Phone: 585-454-2000
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