INJURY LAW BLOG

Injured By Flying Snow/Ice From A Vehicle?

Snow and Ice flying off other vehicles and causing injuries and death are more common than you think.  Just this week, according to the Boston Globe, a 40-year-old Newton man, was traveling northbound in a 2019 Dodge 1500 pickup truck on Route 3, south of Exit 26, in Burlington around 11:30 a.m. Thursday when ice hit his vehicle, slamming into his face, officials said. (Photo Courtesy of MASSACHUSETTS STATE POLICE)

Can It Happen Where I live?

If you are in an area that has snow and ice in the winter, you may see ice falling off of moving cars as people go about their daily business. Many people will just scrape enough ice off their cars to allow them to see through the windows, not bothering to clean the ice off the rest of their cars. This is especially common on larger trucks and buses, where reaching the roof to remove the snow and ice can be difficult.

The big chunks of ice left behind, especially on the roofs, will begin falling and they can end up hitting other cars on the road or pedestrians, causing property damage, injury, or even death.

What To Do If It Does Happen To You

If you are struck by flying ice, try to get the license plate number, or if it came from a large truck, the company name. Oftentimes, the driver is unaware that they have just caused this. If you can, try to get the driver’s attention, and exchange insurance information with them.

The next thing to do is call 911, even if your injuries do not seem that bad. This is important because it gives a detailed record of your injuries, and damage to your vehicle if you were driving. The police can also help track down the driver of the vehicle the ice came from if you were not able to flag them down. A police report is an important part of an insurance claim, or a personal injury lawsuit if it comes to that, so getting that even if you are not sure if it is really necessary, can be vital to any legal action you take.

Document everything with photos, all of your injuries, along with all of the damages to the car. If any witnesses stop, make sure to get their contact information for any insurance claims or if you end up suing the driver of the other car.

We Are Here To Help

If you have suffered injury caused by flying snow and ice, and would like to seek legal advice, then please just click here to contact us.

Accidents on an MTA Bus

Non-collision bus customer accidents, which did not involve a collision, increased 11% from August 2018 according to the MTA and reported in the New York Post. Of the 494 accidents reported, 207 of them were the result of what was described as "throwing movements." 207 may not seem like a lot, but to the injured passenger, or their family if the passenger dies as a result of the accident, it is one too many. If it happens to you, you may be due compensation for your injuries, pain and suffering, medical expenses, and lost income. To collect damages you must follow MTA rules and guidelines.

Is the MTA Liable?

This is the question MTA attorneys will ask. Even if the answer is "yes," their goal will be to minimize any compensation. Basically, for the MTA to be held liable, two critical elements must be satisfied:

1. A Notice of Claim must be received within 90 days of the incident.
2. The notice must show that either the MTA was negligent or the driver was negligent by not following MTA policy.

After receiving the Notice, the MTA has 30 days to respond. There will be a hearing. If the matter goes to court, the injured party has one year and 90 days to file a lawsuit. If the passenger died as a result of the injuries, the family has two years to file suit.

The Notice of Claim

It is always a good thing to remain at the scene of the accident and to ask for witnesses to support your claim. It may be difficult to prove a particular driver on a particular bus caused the injury, if you get off and walk away. Take detailed notes describing the facts of the matter, including the driver's id. The notice must include the following:

• 1. Your full name and contact details.
• 2. The deceased victim's details, if appropriate, and your relationship to the victim.
• 3. Your attorney's contact details if you appropriate.
• 4. Date, time, and location of the accident.
• 5. Injuries and damages you suffered as a direct result of the accident.
• 6. Other relevant circumstances surrounding the incident.
•  

Proving Your Claim

Nothing is simple or straightforward when it comes to matters of law. The MTA's attorney will be looking for missing information or anything unclear that can be used to your disadvantage. You must show that:

• - The MTA had a duty to protect you as a passenger. (E.g. if the driver was off-duty, then he or she was not in the employ of the MTA at the time.)
• - The MTA breached its duty in some way. (E.g. the driver had not completed their training, so should not have been driving.)
• - Your injury was a direct result of the breach of duty, or
• - Your injury was a direct result of the driver's negligent actions.
• - Your injury resulted in your suffering damages (medical expenses, lost income, etc.) so you are entitled to compensation.
•  

Summary Comment

In a nutshell, you are entitled to damages if you suffer injury because either the MTA or a driver is at fault. To receive the damages you must meet MTA Notice of Claim standards, and you must have enough supporting evidence to prove your claim is fair. The MTA will be represented by an experienced attorney, so it makes sense that you are.

If you have suffered injury while getting on, traveling on, or getting off an MTA bus, and would like to seek legal advice, then please just click here to contact us.

Overview

It is uncommon, but people can be hurt in police custody. People can suffer injuries:

• On the street after being taken into custody.
• In a police vehicle.
• On police premises.

Those injuries may be sustained because of:

• A simple accident - whether avoidable or not.
• Your own actions - whether accidental or not.
• Unlawful police action.

No matter how someone is injured, it is essential to know the law to decide if you have a case and, if so, what you should do. In this article we will focus on unlawful police action. Unlawful action resulting in injury violates a person's Constitutional rights.

The United States Department of Justice says: The Department "vigorously investigates and, where the evidence permits, prosecutes allegations of Constitutional violations by law enforcement officers. The Department's investigations most often involve alleged uses of excessive force."

Your Status at the Time of the Injury

Your status is critical. If you are under arrest or have been detained by an officer, or if you are in jail but not convicted of a crime, then it must be shown that the officer used excessive force. "Excessive force" means the officer used more force than was reasonably necessary either to protect that officer or others, or to restrain the injured party. It is an objective standard, not something that relies on an officer's personal opinion. Reasonableness is what a judge decides how a reasonable officer at the time would act. It may be assumed that a "reasonable officer" would follow police procedures and adhere to police standards. A reasonable officer would:

• Know the standards.
• Have been trained to work to those standards.
• Know how to apply them in any given situation.

It is not for nothing that NYC police vehicles have on their doors, "Courtesy Professionalism Respect."

What You Should Do

Both the officer and the Department may be liable in a civil or criminal case. A civil case can result in financial compensation and restitution for constitutional rights being violated, physical injury, psychological trauma, loss of income, and other direct results of the injuries. Payment depends on the specific circumstances of the case as a whole. If the officer is convicted of using excessive force, then punitive damages may be awarded.

Winning any case, and especially a case against a police officer, takes expert knowledge of both the law and the best way to pursue the case in a court action. If you have been hurt and want advice on what to do and how to proceed, please click this link to contact us for a free initial consultation.

Introductory Comments

To put it bluntly - it all depends on the what, why, how, and where of the injury. Determining responsibility for injury in a college dormitory can be both complex and subtle, so it is always wise to consult a personal injury law firm as soon as possible. It is also worth doing some research beforehand.

Prospective students should know how seriously the college takes student safety. Does the college, for example:

• - Have its own law enforcement officers?
• - Encourage students to voice concerns about potential dangers or safety issues?
• - Have a prompt and comfortable communication system so students know their concerns will be addressed positively?
• - Have a successful system for handling accidents and injuries?
• - Have an anti-hazing policy?
• - Have an effective cleaning and property maintenance system in place
•  

High profile law enforcement patrols can deter potential attacks that would otherwise cause injury, and an effective injury-response system may reduce the effects of injury. Well-maintained dormitory buildings are less likely to be illegally entered and students attacked. Colleges with a "conscientious" approach to preventing and minimizing accident and injury may be less liable than one which has a casual attitude toward student safety.

General and Personal Responsibilities

The New York Court of Appeals publication (Records and Briefs:67 NY2D 271 p85) says that with regard to state-operated college dormitories, the state is acting as a landlord and, therefore, carries some liability if an injury is proximate (directly linked) to proven negligence by the college. This implies that colleges have a responsibility to provide a safe environment in which to live. Individuals, however, also have a responsibility not to indulge in potentially dangerous acts.

A student who gets drunk, for example, and then hurts themselves doing something they wouldn't, had they been sober are likely to find it more difficult to shift responsibility for the injury to the college. On the other hand, a student who falls in a dormitory with a dangerous stairwell that has been reported but not cordoned off or repaired will have a stronger case against the authorities.

Summary Comments

Responsibility for accidents in a college dormitory may fall partly or wholly on all parties. The college does have a responsibility to provide a safe dormitory environment: dangerous real estate, broken or dangerous kitchen equipment or furniture imply some college responsibility. Knowingly using dangerous equipment after it had been put out of general use, may shift some responsibility to the individual suffering injury.

Limiting security presence or not securely maintaining external doors leans towards college responsibility, but getting injured during non-college sanctioned activities such as hazing or consuming alcohol leans back to student responsibility.

In any case of personal injury, it is always sensible to consult a legal expert who specializes in personal injury cases, so the matter can be addressed in detail and within the parameters of New York law. To this end, if you would like to seek advice, please just click this link to contact us.

Just a brief glance at the statistics quickly illustrates just how immensely hefty the collective costs of insurance premiums are as a whole. When accounted for across the globe, insurance premiums' total gross value exceeds $5 trillion. In the United States alone, there total number of insurance businesses currently operating is close to 6,000. Of the nearly 6,000 American insurance businesses registered today, over 3,000 of them are in the life & health category.