Articles Posted in Motor Vehicle Accidents

The Syracuse Post Standard reports that eight people were injured in a two-car crash last Friday night in Eaton, Madison County, New York. That’s a lot of injured people for one accident! It’s unusual, too, because nowadays most vehicles on the road have NO passengers. Look around next time you are driving and you will see what I mean!

One of the two cars was headed northbound on Route 46, failed to stop at a stop sign at Route 20, and was struck by the other car heading east on Route 20. The car that failed to stop at the stop sign was carrying three passengers, all whom were injured, though apparently not seriously. The driver traveling on Route 20, who had the right of way, suffered neck injuries, but one of his three passengers suffered a serious leg injury, so serious that she was taken by helicopter to Upstate University Hospital in Syracuse.

In this blog post I want to discuss how insurance will cover all these injuries, minor and serious alike.

The Syracuse Post Standard reports on a Cayuga County car accident last Thursday, in Sennett, New York. On a snow-covered Hidden Valley Road (near Route 5, a/k/a Grant Ave), a motorist drove his SUV into the side of a Finger Lakes Railroad train, which was traveling at only about 9 miles per hour. Fortunately, the motorist sustained only minor injuries.

Someone once said that the difference between a wise man and a fool is that the former learns from others’ mistakes and the latter learns only from his own. So be wise, and learn from this accident before it happens to you. Learn what? Two things:

First, wake up! In case you haven’t noticed, it’s winter (and a very snowy one) in Central New York. The roads are slippery, icy and snow-covered. Drive prudently. For tips on how to minimize your risks of car accidents in winter, read my prior blog on this subject.

The Buffalo News reports today a fatal Western New York car accident in the Town of Perry, Wyoming County, New York at about 8 a.m on Route 20A, near Smith Road. Driver number 1 was heading west on 20A when she lost control of her pickup, police said. Her vehicle crossed over into the oncoming lane of traffic. While this driver suffered injuries, the passenger of the oncoming car was killed. The driver of the oncoming car was also injured. Both were sent to Erie County Medical Center. A passenger in the back seat of one of cars was taken to Wyoming County Community Hospital.

This is a unusually sad accident. So many lives affected! Everyone involved is injured, and one is dead.

As an upstate New York auto accident lawyer who has represented victims of snow and ice-related car crashes in the Syracuse, Buffalo, Oswego and the entire upstate “snow belt”, I have personal involvement with such accidents on a regular basis. While it is easy to blame such accidents on the weather, New York car accident law does not see it that way. Every driver in New York has an obligation to maintain control of his or her vehicle. This means that motorists must adjust their driving to the weather conditions. In icy, slippery conditions, a driver must drive slowly, at a speed prudent for the conditions. Other adjustments must be made as well, for example, braking earlier and following other vehicles at a greater distance. Having good snow tires helps, too. In a previous blog post, I gave some other tips about how to drive in icy conditions.

The Geneva Finger Lakes Times reports a collision between two cars at the intersection of County Roads 7 and 27 in Manchester, Ontario County, New York at 8 p.m. yesterday. A motorist in the first vehicle was headed west on County Road 27, stopped at stop sign, but then entered the intersection, apparently without seeing southbound second vehcile, which had no stop sign and thus had the right of way. The impact overturned first vehicle, leaving his passenger, who appears to be his wife, unconscious. She was taken by Mercy Flight to Strong Memorial where she gained consciousness and complained of neck, hip and leg pain.

This is the fourth local accident I have recently reported on caused by a driver failing to yield the right of way at an intersection controlled by a two-way stop sign. The other three blog posts can be read here, here and here.

This Ontario County New York car accident provides us with an opportunity to explain two concepts in New York car accident law: (1) “spousal immunity” and (2) the “seat belt defense”.

Motor vehicle accidents in Geneva, New York, and the surrounding areas of Ontario County, can teach us a lot of about New York car-accident law. Here’s an example: The Geneva, New York Finger Lakes Times reports today that two people were injured in an accident at Payne and Shortsville roads Monday. Scott Briggs of Canandaigua stopped at a stop sign at Payne Road, but then proceeded through the intersection without yielding to a vehicle heading on Shortsville Road through the intersection. Shortsville Road traffic is not controlled by a stop sign. The driver of that other vehicle, Caroline Conrad of Shortsville, had the right of way since she had no stop sign. She and her passenger, Shirley Wagner of Shortsville were taken to FF Thompson Hospital where they were treated for only “minor injuries”.

Now here is a fact that might surprise you: Even though Briggs was totally at fault for this accident, and even though Conrad was totally innocent, Conrad probably has no legal claim at all against Briggs. Why not? The answer lies in the type of injuries Conrad is said to have sustained, that is, “MINOR INJURIES”. Under New York State car accident law, known as the “no-fault” law, also known as “New York Insurance Law 5102”, Conrad and her passenger can’t sue Briggs or claim damages from him or his insurance company unless they have suffered a “SERIOUS INJURY” as defined by the law.

So will Conrad and her passenger get no compensation at all? Well, it’s not quite that bad. Conrad’s no-fault insurance will automatically pay for hers and her passenger’s medical expenses and lost wages up to a limit of $50,000 each. But what about pain and suffering compensation for Conrad and her passenger, who were, after all, the innocent victims of Briggs’ negligence? None! You have no right to claim any pain and suffering compensation unless you have sustained a “SERIOUS INJURY”.

Local media outlets,including the Geneva Finger Lakes Times, report that four people were injured when a car rear-ended their horse-drawn buggy in Gorham, Ontario County. Both vehicles were headed southeast on County Road 18 about 8:30 in the morning of December 28. The driver of the car, Stephen M. Bara, 58, of County Road 18, says the morning sun glare prevented him from seeing the buggy in time to avoid the collision. The car crash seems to have been severe; the buggy was destroyed and the horse had to be put down. The buggy driver and passengers appear to have suffered serious head and back injuries. Two of the four were airlifted by Mercy Flight to Strong Memorial Hospital in Rochester.

This unfortunate accident illustrates two roadway dangers: (1) horse-drawn buggies, which are quite prevalent among the Mennonite community in the Penn Yan and Gorham area of Yates and Ontario Counties; and (2) sun glare in the morning and evening hours.

Horse-drawn buggies present a danger because they move much more slowly than automobiles along the roadway, and drivers sometimes don’t notice them in time to react. But failing to see them is not a legally acceptable excuse. A driver is required to see what there is to be seen on the roadway. A driver paying attention should easily spot a horse-drawn buggy, especially from behind, since they are required to display the orange slow-moving-vehicle triangle on the back. Just like bicycles, horse drawn vehicles are legally entitled to share the road with motorists, and motorists are required to notice them and respect their rights.