Rochester Legal Issues Blog

What to do after getting in a car accident

On behalf of Kammholz Rossi PLLC posted in motor vehicle accidents on Monday, February 18, 2019.

Getting into a car accident is typically a nightmare scenario for everyone involved. Even if no one is injured, the experience is jarring and frightening. However, there are several steps that New York drivers can take following an accident to ensure everyone's safety and to bolster their car insurance claim.

First, drivers must remember to stay calm. This might be hard, but keeping a clear head will help drivers remember important details about the accident to relay to law enforcement officers, insurance agents and attorneys. Second, drivers need to call 911, check themselves for injuries and then check to see if anyone else is hurt. If the vehicles involved are able to be driven and are in a dangerous location, they should be moved to the side of the road.

How car accidents happen

On behalf of Kammholz Rossi PLLC posted in motor vehicle accidents on Thursday, February 14, 2019.

There are a number of reasons why automobile accidents happen. The driver may have control over some of them. Other circumstances appear out of the blue. For example, when someone is driving down the road in upstate New York and a deer runs out in front of them, an accident can happen. The driver cannot control which way a deer goes or when a deer is going to appear. It's this unpredictability that makes animals dangerous to drivers.

Something else that a driver cannot control or predict is the weather. Dense fog may appear out of nowhere. While on a long road trip, snow or rain may spring up unexpectedly. High winds and icy road conditions can make driving a challenge for drivers. Drastic changes in temperatures can damage roads, making them dangerous for drivers to be on.

3 ways to avoid unsafe conditions on the roads

On behalf of Kammholz Rossi PLLC on Thursday, February 7, 2019.

New York car accidents are one of life’s most unpredictable events. No one plans to crash their vehicle into other motorists or cause damage, but the sad reality is it happens all the time. Not all collisions end in all parties walking away unscathed. Many car accidents result in injuries and death.

The outcome of any type of vehicle collision rests heavily on the details of the incident and what the victims do afterward. The most effective way for anyone to avoid a car accident and injury is to remain mindful of their mindset and actions while operating a motor vehicle. The following pointers can help, too

Safety group cites speeding as big contributor to traffic deaths

On behalf of Kammholz Rossi PLLC posted in motor vehicle accidents on Tuesday, February 5, 2019.

Highway commuters in New York might feel the need to drive fast, but speeding plays a significant role in traffic fatalities. A new report from the Governors Highway Safety Association seeks to renew the focus on the risks of speeding, especially because society seems to condone driving over the speed limit. Drawing upon current data and research, the association concluded that speeding contributes to almost one-third of total traffic deaths.

The executive director of the GHSA said that public agencies needed to pay more attention to the threat of speeding. He recommended that federal, state and local governments assign more resources to combat the problem. The association's report suggested multiple strategies to encourage drivers to slow down. These tactics included additional law enforcement campaigns, automated speed enforcement and roundabouts to slow traffic at intersections.

Phone use while driving isn't down, but talking on the phone is

On behalf of Kammholz Rossi PLLC posted in motor vehicle accidents on Monday, January 28, 2019.

A new study has mixed news regarding cell phone use for drivers on New York roads and across the country. The good news from the study is that drivers are spending less time talking on their phones while driving. Unfortunately, drivers are reportedly spending more time doing other things on their phone.

According to the study, 57% of drivers were more likely to use their phones while driving to text, send e-mails, or surf the web opposed to making calls. The study, released by the Insurance Institute for Highway Safety, studied data from 2014 through 2018. The purpose of the study was to evaluate ways technology might lead to motor vehicle accidents. The increase in visual use of mobile devices is a concern, according to a spokesperson with the Highway Loss Data Institute. He believed that the type of use many drivers now undertake while driving is significantly riskier than otherwise.

Car accidents and traumatic brain injury

On behalf of Kammholz Rossi PLLC on Wednesday, January 23, 2019.

Car crashes often cause a variety of traumatic injuries. Traumatic brain injury can be a real possibility, even if you do not recall hitting your head or have external signs of trauma.

TBI can have long-range, serious consequences on your life, which are often not immediately apparent in the aftermath of the accident. Even mild TBI can substantially affect your ability to earn money and enjoy your life.

Property owners may be liable for construction zone injuries

On behalf of Kammholz Rossi PLLC posted in construction accidents on Tuesday, January 22, 2019.

As a major contributor to New York's economy, a healthy and booming construction industry means consistent employment for many of the state's residents. While construction is generally considered to be a dangerous career field, federal and state law and local ordinances require extensive safety measures to be in place on construction projects. Nevertheless, the rate of construction workplace injuries has recently soared. An early 2018 report indicates that the construction industry is on pace to report its highest number of job-related injuries in a decade.

The upward trend in construction-related accidents has emerged despite government efforts to increase workplace safety for construction workers. While an increase in construction projects and accident reporting may be contributing factors to the trend, preliminary reports only reflect accidents that occurred prior to the end of the year. Therefore, a full report on the number of construction-related injuries for the year will likely reflect a higher number.

How doctors can prevent medication errors

On behalf of Kammholz Rossi PLLC posted in medical malpractice on Monday, January 14, 2019.

Every year, roughly 1.3 million people throughout New York and the rest of the U.S. are hurt by preventable medication errors, according to the FDA. The agency annually receives about 100,000 complaints from people suspecting they were the victims of such errors. Medication errors can arise at the prescribing, dispensing and administration stages of providing health care.

Two studies published in the BMJ medical journal, one analyzing a U.S. pediatric facility in 2006 and the other analyzing family practices in 2008, show that different errors are prominent in certain specialties. In the pediatric facility studied, 41 percent of medication errors were administration errors and 30 percent were from prescriptions. In the family practices, 70 percent were prescribing errors.

ADHD may make distracted driving more likely

On behalf of Kammholz Rossi PLLC posted in motor vehicle accidents on Monday, January 7, 2019.

New York drivers may be interested to know that according to statistics published by the National Highway Traffic Safety Administration, car accidents caused 32,744 deaths across the U.S. in 2015. Distracted driving was a factor in 3,477 of those traffic fatalities. One group that may be more susceptible to distraction while driving is people who have attention deficit hyperactivity disorder, but research indicates their crash risk is reduced when proper medication is taken.

Researchers working with the Karolinska Institutet of Sweden conducted a study beginning by examining claims against health insurance made between 2005 and 2014. They identified 2.3 million adult Americans who had been diagnosed with ADHD and compared this group with emergency room visit data to isolate 11,224 people who both had ADHD and visited an emergency room following a motor vehicle accident. Those who had filled a prescription for ADHD medication during a particular month were less likely to be involved in car accidents.

Why do car accidents increase after the Big Game?

On behalf of Kammholz Rossi PLLC on Monday, January 7, 2019.

With the big game coming up soon, you are likely feeling a lot of excitement. Not only are you looking forward to watching the game, but the parties are always fun, too. Unfortunately, you may be in danger of getting in a car crash once everything is over.

According to researchers, there is a 41 percent spike in car accidents during the aftermath of the Super Bowl. Alarmingly, the first hour after the end of the game sees an increase of 70 percent. Here is why you should stay alert if you drive after the Super Bowl.