A driver who apparently mistook an exit ramp for an entrance ramp smacked into an oncoming vehicle, almost instantly killing an 88-year-old Boonville woman.
According to New York State Police investigators, a 72-year-old Schenectady woman was travelling the wrong way on the Erie Boulevard exit ramp from eastbound State Route 365. She hit a Jetta carrying two people. The deceased victim was declared dead at a local hospital. Another victim was airlifted to a regional hospital in Syracuse with serious injuries, including numerous broken bones.
No charged are pending against the Schenectady woman at this time, although authorities are continuing to investigate the matter.
During 2020, VMT (Vehicle Miles Travelled) decreased by over 430 billion. But the number of car crash fatalities hit a 13-year high. The National Highway Transportation Safety Administration blamed risky driver behavior for the increase. Because the pandemic reduced traffic so drastically, many drivers sped excessively and drove while impaired.
Speeding and impairment are two of the most common causes of serious car wrecks in New York. Speed multiplies the risk of a collision as well as the force in a collision. Common effects of alcohol and drug impairment include blurred vision, slow reflexes, and distorted judgement. These things might be fun at parties. But they are extremely dangerous when one is behind the wheel.
Even if victims survive crashes, they often sustain permanent injuries which are difficult to diagnose and treat. Head injuries are a good example. Initial head injury symptoms usually include disorientation and soreness. Many doctors dismiss these symptoms as shock from the accident. Therefore, many head injury victims don't get the treatment they need when they need it.
Over the next several days, more advanced symptoms appear, like personality changes, chronic headaches, sleeplessness, and mood swings. The worsening symptoms mean the head injury is getting worse. So, the effective treatment window is usually closed. Instead of managing head injuries and containing the symptoms, most doctors can only perform damage control.
Frequently, damage control allows head injury victims to live somewhat normal lives. Frequently, however, damage control is not enough. Traumatic Brain Injuries, mostly related to vehicle collisions, kill about 50,000 Americans every year.
Early intervention from a New York personal injury attorney makes a big difference in these situations. In the immediate wake of a crash, attorneys connect victims with doctors who focus on injury-related conditions. These professionals know how to recognize and treat head injuries. As is normally the case, early treatment is often the key to a successful recovery.
"Successful" is a relative term. Brain injuries are permanent. Once brain cells die, they don't regenerate. However, as long as doctors minimize the symptoms, head injuries normally aren't fatal. You probably know at least one person who had a serious brain injury yet has no serious medical problems.
Right off the bat, attorneys provide financial help as well. Doctors, like lawyers, are committed to patient health and safety. That includes mental health. Since they are guaranteed payment when the case is resolved, most doctors defer billing, so victims don't experience financial stress on top of physical stress.
Like almost all bills, victims must eventually pay accident-related medical bills. If the victim was seriously injured at the scene and airlifted to a hospital, these expenses could exceed $100,000. Compensation is available for these expenses, if a New York personal injury attorney establishes negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Determining negligence is also called determining liability. Frequently, liability for damages is different from fault for the accident. Liability is a final determination based on all the evidence as well as applicable legal theories. Fault is a preliminary determination based solely on the evidence immediately available at the scene.
Additional evidence in a car crash claims often includes electronic evidence, such as a vehicle's Event Data Recorder. Depending on the vehicle's make and model, EDRs usually track and record information like:
An attorney, often when working with an accident reconstruction professional, can take bits of information like these and put them together like pieces of a jigsaw puzzle. These strong, evidence-based claims not only resonate well with tech-savvy jurors. They are also strong enough to withstand some common insurance company legal defenses.
Speaking of legal doctrines, the last clear chance rule often comes into play in wrong-way wreck claims. Basically, there is a difference between an erratic driver who unpredictably crosses the center line and someone who is going the wrong way.
If Ben hits Jerry head-on, insurance adjusters and/or emergency responders almost always assign fault to Ben. After all, he clearly failed to yield the right of way. But as mentioned, fault is a preliminary determination that's frequently incorrect.
More information is necessary to determine liability in a Ben and Jerry smash-up. No matter what Ben does or doesn't do, Jerry has a duty of reasonable care. This duty requires him to avoid accidents when possible.
If Ben drifted over the centerline with little or no warning, perhaps because Ben was trying to pass someone in a no-passing zone, Jerry probably could not have avoided the wreck. Therefore, Ben is most likely liable for damages.
However, things are different if Ben was driving safely but on the wrong side of the road. Most likely, Jerry should have seen Ben coming and so he should have been able to avoid a crash. Legally, Jerry had the last clear chance to avoid the wreck. So, Jerry could be legally responsible for damages even though he didn't break a traffic or other law.
These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are sometimes available as well, in some extreme cases.
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced personal injury attorney in New York, contact the Pianko Law Group, PLLC. You have a limited amount of time to act.