You may have heard the term “negligence” in reference to personal injury, but what is it, exactly? Negligence occurs when a party fails to use reasonable care measures and harms another party. It can happen when a person or company does something they shouldn’t do or when they fail to do something they should. Negligence can lead to another party’s injury or death.
Injuries From Negligence
The CDC keeps track of unintentional injuries in the U.S. Examples of unintentional injuries include car accidents, falls, dog bites and pedestrian accidents. These injury types are the leading cause of death for people ages 1-44. They also comprise almost 92% of nonfatal injuries.
When you or a loved one sustains injuries from negligence, New York law allows you to recover compensation if the courts determine you are not 100% responsible for the damages. While many situations can cause negligence injuries, some are more common than others.
We depend on vehicles to get around New York, but negligence can result in trauma and fatalities on the road.
Car accidents are where most personal injury cases originate. In 2021, 543 people died in car, pickup or SUV accidents in New York State. Those who survive a crash may face injuries, permanent disfigurement, lost wages and lifelong trauma.
Car crashes often happen due to:
Driving under the influence of drugs or alcohol
Reckless driving and tailgating
Bad weather conditions
Poorly maintained roads and traffic signals can also cause car crashes.
Motorcyclists are more likely to have severe or fatal accident injuries. Bikers don’t have the protection of a car’s walls and doors. Drivers are less likely to see motorcycles and may pull out in front of them or open a parked car’s door in their path.
Riding on two wheels exposes bikers to dangers four-wheeled vehicles often disregard, such as gravel or freshly cut grass in the roadway. Motorcyclists can lose balance and fall easily when faced with these slippery hazards.
Bicyclists face many of the same risks as motorcyclists. Although New York law usually allows bicycles to share the road with motor vehicles, car drivers don’t always look for or yield to them. Bicyclists usually wear few layers of protective clothing, and a fall can cause gashes and contusions.
It’s hard to imagine the streets of New York City without pedestrians. Walking is an efficient way to travel around NYC and other places in the state. However, pedestrian accident statistics are alarming. Each year, across the state, motor vehicle/pedestrian accidents cause:
300 pedestrian deaths
15,000 pedestrian injuries
3,000 pedestrian hospitalizations
Ride-hailing services are growing at a rate of more than 7% annually. Many rely on the efficiency and convenience of calling a car for pickup at the airport or hotel. Many people wisely choose to hail a ride instead of driving under the influence.
As ride-hailing vehicles increase, so does the likelihood of accidents. Rideshare accident victims may face an uphill battle when proving negligence. Insurers for large rideshare companies have the resources and incentive to keep their payouts as low as possible. However, a rideshare accident attorney can help you.
Large Truck Accidents
Tractor-trailers on New York roadways can weigh up to an astounding 143,000 pounds. Their weight and size can do significant damage to a passenger vehicle.
However, you can face an uphill battle in proving negligence in a truck accident. The trucking companies and their insurers have plenty of legal representation. They also have a high incentive to keep payouts as low as possible. Having a law firm to represent you can help you fight for the settlement you deserve.
According to the New York City government, active construction sites cover over 198 million square feet. That’s just in NYC — almost any city across the state has active construction areas.
With so much construction taking place in New York, accidents are inevitable. Some construction injuries are common.
The construction industry represents the highest number of fall-related deaths. Construction workers frequently work on ladders, scaffolding, roofs and other above-ground surfaces. Even passersby can experience injuries from fall-related construction accidents.
Construction professionals often work on sites that increase their exposure to dust, lead, asbestos and solvents. Contractors are responsible for providing protective equipment to minimize exposure. Bystanders, service workers or anyone around a construction site can face contact with hazardous substances that cause short- or long-term health problems.
Construction workers use powerful tools. They need forklifts, backhoes, cranes, bulldozers and dump trucks to do their jobs. Construction companies bear responsibility for worker training and regular maintenance to keep workers safe. Workers must ensure they operate equipment properly to avoid accidents with bystanders or co-workers.
Contractors have the responsibility to adhere to building codes and construction standards. They must follow safety measures to protect workers and pedestrians from workplace hazards. They are also required to hire skilled laborers who have construction training.
Slip and Fall Injuries
New York property owners are responsible for keeping their places safe for visitors. They need to address hazards quickly or post clear warnings about them.
Dark staircases and dimly lit hallways are more than just material for scary movies. They can cause slip and fall hazards. Poor lighting can obscure risks such as steps, slippery floors, potholes, curbs or faulty pavement.
Ice and Snow
New York State gets about 55 inches of snow annually. Snow and ice can pile up on sidewalks and in parking lots. People bring it indoors, making floors slippery. Property owners must maintain walkways and post signs if floors get wet.
Poorly Maintained Floors and Sidewalks
Property owners are responsible for keeping floors, sidewalks and walkways in good repair. Broken tiles, loose carpets, unsecured rugs and cracked sidewalks can cause people to slip and fall.
Medical malpractice happens when a healthcare worker does something (or fails to do something) that results in injury or death. Examples include:
Surgery on the wrong site
Incorrect drug dosage
Misdiagnosis or failure to diagnose
Emergency room injuries
Proving negligence under New York state law is essential to your malpractice case. An experienced attorney can help you gather evidence and determine whether you have a claim.
The American Veterinary Medical Association reports that every year, more than 800,000 people require medical attention after a dog bite. Half or more are children, and they are more likely to sustain severe injuries. Many children get bitten when interacting during routine activities.
Any dog can bite. It doesn’t matter what size or breed the dog is; dogs that are hurt, afraid or protecting something (like food or puppies) may try to defend themselves.
Dog bites can be painful and traumatizing. Additionally, treatment can be expensive. The average cost for dog bite insurance claims in 2022 was almost $65,000 — a 32% increase from 2021.
Getting Help From a Personal Injury Attorney
Each personal injury claim is unique. What they have in common, though, is that they disrupt your life. Our legal team has experience dealing with many types of personal injury cases. Call Cellino Law for a free consultation to learn how we can assist you.
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