Central New York Injury Lawyer Blog

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.

This Central New York car accident attorney must once again report a tragic car crash in the area. As usual, I will report the facts, and then discuss the legal ramifications.

Here’s what happened: According to the Geneva Finger Lakes Times, a three-vehicle crash ocurred across from Seneca Lake State Park on Routes 5/20 in Geneva Saturday night around 9:00 p.m. Richard Riley, of Waterloo, New York, was pronounced dead at the scene. Riley had been driving the wrong way in the westbound lanes of Routes 5/20 when his car struck a westbound SUV driven by Frederick Cierei of Waterloo, which SUV was then rear-ended by another westbound vehicle driven by Kimberly Lorenz of Waterloo. An autopsy performed at Geneva General Hospital showed that Riley’s blood-alcohol content was more than twice the DWI threshold. Cieri, who had been trapped in his vehicle, had to be extricated by personnel from Border City and Geneva Fire Departments. Cieri was brought to Strong Memorial Hospital in Rochester for treatment of a broken leg. Cieri apparently had two passengers who were also injured. We have no reports regarding injuries suffered by Lorenz.

This car crash had to be horrendous for all involved, and a double tragedy for Riley’s family, who has to come to grips not only with his death, but with the knowledge that their family member caused the injury of several innocent people by deciding to drink and drive. Unfortunately for Riley’s family, the legal ramifications of his actions will not end with his death. Riley will clearly be found at fault for having been driving intoxicated and having been heading the wrong way against traffic. Ms. Lorenz and the Cieri’s, all innocent victims, will have personal injury claims against Mr. Riley’s estate for any “serious injuries” they have suffered, as well as for any excess economic loss. While Riley’s personal auto insurance will certainly cover those claims, his insurance policy limits might be inadequate to cover all the pain, suffering and excess economic loss of the injured victims. In that case, the injured victims’ car accident lawyers, may decide to pursue the assets of Mr. Riley’s estate. If they are competent and thorough motor vehicle injury lawyers, they will also want to check the victims’ own auto insurance for possible “SUM” (supplemental underinsured motorist) coverage. Please see my prior blog post for a full discussion of SUM coverage, and how to check for it.

Upstate New York is blanketed in snow this Christmas season. So beautiful — and so dangerous for motorists. Snow is especially plentiful in the Oswego, Syracuse and Buffalo areas (the “snow belt”). Buffalo, Oswego and Syracuse motor vehicle accident lawyers have already begun fielding telephone calls from distraught family members of victims of snow or ice-related car accidents.

Here’s a tragic example of the havoc ice and snow can reap on motorists: This week a Newfane high school teacher, Christina Portale, of Lewiston, was killed in the Wrights Corners area, Niagara County. She was eastbound on Ridge Road, between Johnson and Purdy roads, when she lost control due to slippery road conditions. Her vehicle entered the westbound lane, where it was struck by a tractor-trailer. Firefighters extracted her using the “jaws of life”, and then had Mercy Flight fly her to Erie County Medical Center, but she died in the emergency room. Portale was only 29 years old and left behind two small children.

A motorist is required to maintain control of her vehicle. Most drivers don’t do everything they can to avoid slipping and sliding on icy or snowy road conditions. There are different kinds of icing conditions, but the most deadly is “black ice”, which is nearly invisible, and even more so at night. Motorists in upstate New York must learn to anticipate black ice, which is usually formed when the roads are wet and temperatures drop sharply. The first black ice usually forms on bridges and overpasses, in shaded areas, in low-lying areas, and on hilltops exposed to wind.