Law Office of John Fazzini by cjleclaire
Personal Injury Attorney
Apr 09, 2019 | 28128 views | 0 0 comments | 662 662 recommendations | email to a friend | print | permalink

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What Are Your Chances of Being in a Car Accident?
by cjleclaire
Mar 13, 2020 | 33273 views | 0 0 comments | 1103 1103 recommendations | email to a friend | print | permalink

Protecting Your Legal Rights in Car Accidents Claims

You may have heard people say that everyone will be in a car accident at some point in their lives. While this statement is a generality and isn’t literally true for everyone, there are statistics that make it likely. Chances are, based on statistics, that most people will experience a car accident, whether a fender bender or a full on crash.

Quoting from Forbes, car insurance industry estimates show that the average driver is in a car accident once every 17.9 years. The article goes on to point out that if you got your driver’s license at age 16, when you reach the age of 34, you will have been in a car accident. reports that 77 percent of U.S. drivers have experienced at least one accident, yet the average driver will experience three or four accidents during a lifetime.

Also noteworthy are the statistics that 10 million vehicle accidents occur in the U.S. every year, and this includes everything from parking lot dings and scratches to major collisions on the freeway.

Legal Protection for Serious Car Accidents

While the insurance sales representative may seem like your best friend, other insurance personnel work to save the company money. Car insurance companies hire teams of adjusters, private investigators, accident analysts and lawyers to build strong cases to protect their bottom lines. Denying a claim or paying a claimant as little as possible is a common strategy for driving profits.

However, the fact remains, that insurance companies want to avoid going to trial because litigation is expensive. Whenever possible they vie for an out-of-court settlement. Another tactic is to push for a settlement too quickly before the full extent of damages is known.

If you are injured and medical bills are mounting up, the idea of a quick settlement may appeal to you. This may or may not be to your advantage. With an experienced attorney on your side, you can have a knowledgeable advocate during settlement negotiations. You also have professional who knows how to get you the most compensation.

If you have been in a serious car crash and the other driver was at fault, get legal help. Lawyers offer free consultations to determine whether you have a case. Cases are handled on a contingency fee basis, which means you owe nothing unless the attorney succeeds through settlement or verdict.

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Did a Drunk Driver Injure You in a Car Accident?
by cjleclaire
Nov 20, 2019 | 48486 views | 0 0 comments | 2420 2420 recommendations | email to a friend | print | permalink

How Drunk Driving Accident Cases Differ from other Car Accident Cases

Drunk driving accident cases differ from other car crash cases in significant ways. This fact is particularly true when accident victims suffer serious injuries.

Two Types of Cases Arise: A Criminal and Civil Case

When police arrive at the accident scene and suspect a driver is intoxicated, they submit the driver to a breathalyzer test or blood test to determine the driver’s blood alcohol level (BAC). If the driver blows a BAC above .08, the test verifies intoxication. Police also look for other evidence of inebriation including slurred speech, bloodshot eyes, and the failure to pass a sobriety test. A sobriety test measures the individual’s ability to stand on one leg, walk a straight line and turn and follow a horizontally moving object with their eyes.

Accident witnesses can also provide statements that support the fact that a driver engaged in drunk driving. Witnesses often notice that the car was weaving in and out of lanes or that the driver was staggering when getting out of the car.

Drunk driving convictions serve as evidence of negligence in a civil case. Even if the driver is not convicted in a criminal case, there may be enough evidence to meet a civil case’s burden of proof. Civil cases have a lighter burden of proof and do not require proof beyond a reasonable doubt.

New York Dram Shop Act

The other main factor that makes drunk driving accidents different is the NY Dram Shop Act. When an establishment serves alcohol to a person who is under the age of 21 or to a person who appears to be intoxicated, you can bring a lawsuit against the establishment for the car accident. An example would be a restaurant, bar, or store that served or sold alcohol to the drunk driver.

Therefore, in addition to suing the driver, you could also sue the establishment to recover compensation for damages.

In a case where the drunk driver had no insurance or personal assets for recovering compensation, this law provides another means for victims to recover compensation.

What Should You Do if Seriously Injured by a Drunk Driver?

You should contact an experienced personal injury lawyer as soon as possible. You can schedule a free consultation to discuss your accident and your rights to recover compensation.

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How Dangerous Is Texting While Driving Compared with Drunk Driving?
by cjleclaire
Oct 15, 2019 | 42693 views | 0 0 comments | 1405 1405 recommendations | email to a friend | print | permalink

Why Texting While Driving May Be More Dangerous than DWI

It may come as a surprise that texting while driving is more worrisome to the majority of drivers than drunk driving. This is true despite the fact that statistics show that drunk drivers kill more people than drivers who are texting.

Survey and Facts About Texting While Driving

Cambridge Mobile Telematics conducted a survey on more than 700 drivers regarding distracted driving. Results showed that 63 percent of the participants worried more about distracted drivers than drunk drivers.

The following statistics also provide vital information:

  • Distracted drivers kill an estimated nine people in vehicle crashes every day.
  • Approximately 3,285 deaths occur every year due to texting while driving accidents.
  • The average sober driver takes .54 seconds in reaction time to hit the brake.
  • Drunk drivers react more slowly and the slower reaction adds four more feet before hitting the brake.
  • Texting drivers react even slower than drunk drivers and their slower reaction adds 70 feet before braking.

Reported Accidents

Today all state legislatures have enacted drunk driving laws. It took years of campaigns, including Mothers Against Drunk Driving and other efforts along with public demand to eliminate for laws to emerge. All states now have blood alcohol content limits. Breathalyzers and sobriety tests are legal means to identify drivers who are intoxicated.

In 2016, there were 10,497 people who died as a result of drunk driving accidents. This number is greater than the number of reported deaths due to distracted driving.

However, there is no system in place to detect distracted driving the way there is with drunk driving. Distracted driving is much more difficult to detect and to report.

A Comparison of Laws

Laws for texting while driving are not nearly as stringent as drunken driving laws. All states now have no texting while driving laws. For mobile phones, many states, but not all, have hands-free laws. Despite the laws, the survey revealed that 75 percent of drivers see other drivers on their phones.

In New York, a first DWI offense is a misdemeanor, and penalties include the loss of driving privileges, fines and possible jail time. Penalties are much greater for subsequent DWI offenses.

By comparison, texting while driving carries a fine of $200 and points added to the driving record for violation. There is no license suspension and no jail time.

What to Do if You’re in a Crash Caused by a Distracted Driver

If you have been in a serious car crash and the other driver was at fault due to texting while driving, get legal help right away. Lawyers offer free consultations to evaluate your case. There would be no out-of-pocket expenses. When the attorney succeeds through settlement or verdict, the attorney’s fee is a percentage of the compensation.

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Safety Tips to Avoid Motorcycle Accidents
by cjleclaire
Jul 12, 2019 | 44947 views | 0 0 comments | 2317 2317 recommendations | email to a friend | print | permalink

New York Motorcycle Accidents Attorney

Motorcycle accidents frequently become high profile in summer newscasts. With more cars and motorcycles on the road, accidents tend to rise. For this reason, it is wise to take precautions and follow safety guidelines when riding a motorcycle.

According to the National Highway Safety Administration, 80 percent of motorcycle accidents result in injury or death.

Safety Tips to Prevent Motorcycle Accident Injuries

State Farm Insurance suggests that motorcyclists take the following preventative measures when riding motorcycles:

  • Take a safety course. All motorcyclists and in particular new riders should take a motorcycle safety course. The Motorcycle Safety Foundation offers online and in person classes. Also, All State says that taking the course could net you an insurance discount.
  • Wear the right gear. Leather pants, jackets, gloves, boots and a helmet that covers your eyes can offer substantial protection. You should always wear a helmet to protect your head in a crash. Full-face helmets also protect your eyes and can prevent brain injury during a collision. But, keep in mind, that helmets wear out with use, and it’s a good practice to replace your helmet every five years.
  • Be visible. Motorists who cause motorcycle accidents often say they never saw the motorcycle until impact. To enhance your visibility, wear bright clothes and keep your headlights on whether night or day. Ride so motorists can see you and honk if necessary to let them know you’re there.
  • Watch out at intersections. More than 50% of all motorcycle accidents happen at intersections. Watch out for a motorist making a left turn in front of you because this is a frequent factor in motorcycle accidents.
  • Stay alert in general. Don’t drink or take drugs and ride your motorcycle. It hinders your ability to stay alert. You should be aware of sudden changes in the road, such as potholes, curves and railroad tracks. Drive defensively and keep you eyes on other drivers.
  • Follow speed limits. Speeding is a high contributor to motorcycle accidents, so stay within the speed limits.
  • Pay attention to the weather. Bad weather increases your risks for an accident, whether it’s windy, raining or snowing. Avoid going out in bad weather.

What Should You Do if Injured in a Motorcycle Accident?

Aside from getting immediate medical attention, if you are seriously injured, you should contact an experienced personal injury lawyer. You can discuss your accident and your rights to recover compensation for damages in a free consultation.

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What You Should Know About Teenage Driving
by cjleclaire
Jun 19, 2019 | 36980 views | 0 0 comments | 2634 2634 recommendations | email to a friend | print | permalink

The Worst Time for Teen Accidents Is When School Is Out

Teenage driving has the highest accident rate of any age group, and teen accidents are the nation’s leading cause of death for teenagers. Teenage drivers are youth between the ages of 16 to 19.

Teenage Driving Statistics

Teenage drivers are three times more at risk for dying in a vehicle crash than drivers who are 20 or older.

According the (CDC) Center for Disease Control and Prevention, in 2016, six teenagers died every day due to motor vehicle crashes. A total of 2,433 teens were killed. Teenagers represented 6.5 percent of the population in 2016, but the expenses they accumulated for vehicle crashes were 8.4 percent of the national total.

It stands to reason that during the summer, when warmer weather arrives and more people are on the road, so are teenagers. When school is out, teens have more free time and drive more often.

What Are Biggest Risks?

Male teens are twice as likely as females to die in a vehicle crash. When teens ride with a teenage driver and are unsupervised, the crash risk increases. In fact, the risk is proportionate to the number of teens in the car. The more teen passengers there are, the greater the risk.

New drivers who have just gotten their licenses are the most at risk of all. Also, younger teens at the age of 16 or 17 are at greater risk for a fatal crash than teens at the ages of 18 and 19.

What Can You Do to Protect Your Teenage Driver?

Limiting exposure to the main causes of teen accidents can reduce accident risks. The greatest accident factor is driving inexperience, and the second is driving with other teen passengers.

Additional factors include:

  • Nighttime driving
  • Not wearing seat belts
  • Distracted driving
  • Reckless driving
  • Drowsy driving
  • Driving under the influence

As much as possible, keep your teenager off the road at night and insist that seat belts are used. Seat belts can reduce serious accident injuries and fatalities by 50 percent. An estimated 48 percent of the teens that died in 2016 were not using seat belts during the crash.

If you are injured in a crash that involved a teenage driver, you should consult with an experienced personal injury lawyer. There is no cost for the initial consultation, and there are no out of pocket expenses. If the attorney recovers compensation on your behalf, the fee is a percentage of the recovery.

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Statistics Tell the Story of Why Texting While Driving Causes Accidents
by cjleclaire
May 22, 2019 | 58575 views | 0 0 comments | 1477 1477 recommendations | email to a friend | print | permalink

Statistics Tell the Story of Why Texting While Driving Causes Accidents

Forty-eight states (all except Missouri and Montana) have banned texting while driving for all drivers. Missouri bans it for drivers 21 years or younger.

(Reference: National Conference of State Legislatures)

Facts About Texting While Driving

The following statistics and facts were determined for the years 2012 through 2018:

  • Of all fatal crashes across the nation, 9 percent involved texting while driving.
  • It takes approximately 5 seconds to answer a text. When driving 55 miles per hour, 5 seconds is the time it takes to travel 100 yards, the size of a football field.
  • Cell phone use resulted in 4,637 deaths caused by car crashes in 2018.
  • The risk of causing a car accident due to texting while driving is 6 times greater than due to drunk driving.
  • Using a cell phone while driving (hands-free and hand-held) reduces driver reaction time by as much as a blood alcohol content of .08%.

GPS Devices Also Result in Dangerous Driving Behavior

Using a GPS device is a similar behavior to texting while driving and also causes accidents.

(Reference: The National Highway Traffic Safety Association, the National Safety Council, and The Zebra internal reports)

What Does Texting While Driving Mean from a Legal Perspective?

If your injuries fall under the serious injury threshold or exceed damages of $50,000 (link to previous blog), you can pursue a lawsuit based on the other driver’s negligence. Your personal injury lawyer must prove the other party had fault in causing the car accident. Texting while driving is against the law and points to negligence. Furthermore, statistics show the dangers involved with texting and provide strong evidence in a car accident case. When assigning fault for the accident, the court is likely to assign a large percentage of fault (if not all) to the driver who was texting.

If you have suffered a serious injury and believe the other driver texted while driving, you should discuss the accident with a personal injury lawyer. A lawyer can explain your rights to recover compensation for damages.

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What Does Negligence Mean in a Personal Injury Case?
by cjleclaire
Apr 30, 2019 | 41041 views | 0 0 comments | 648 648 recommendations | email to a friend | print | permalink

A Basic Understanding of Personal Injury Cases

Not every injury equals a personal injury case. Certain factors or “grounds” must exist before you can file a personal injury lawsuit.

In a personal injury lawsuit, your lawyer must also prove the existence of certain factors to win a case.

What Is Negligence?

Negligence is a legal term that courts and attorneys frequently use in personal injury cases. In general, negligence refers to a person’s action or inaction that causes injury to someone else. An example of negligence would be the failure to put a barricade around an open manhole during construction work. Consequently, a pedestrian, who does not see the hole, falls into it and suffers injury.

What Elements Must an Attorney Prove in a Personal Injury Case?

The four main elements a lawyer must prove include:

  • Duty. The person who caused the injury had a legal duty to the person who suffered injury. For example, drivers on roadways have a legal duty to other drivers. They must obey traffic laws and drive safely.
  • Breach of duty. The individual who caused injury breached the legal duty by doing something harmful or by not preventing harm when they should have. An example would be a driver who was speeding and caused an accident in which another driver was injured. Another example would be a driver who failed to yield the right of way and consequently crashed into another car.
  • Causation. Causation refers to the fact that the responsible party’s action or inaction resulted in the injury. The attorney must prove there was a relationship between the action/inaction and the resulting injury. For example, if a drunken individual left a bar, and while driving home caused an accident, the establishment serving liquor could be held liable for the accident injury. However, if the drunk driver arrived home, drank more alcohol and a few hours later drove and caused an accident, it may be difficult to prove the establishment had any liability.
  • No case exists unless there are damages. The party bringing the lawsuit must have suffered injury as a result of the liable party’s actions.

If you have suffered a serious injury and believe someone else was at fault, you should contact a personal injury lawyer. Find out what your rights are to recover compensation for damages.

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What Are Statutes of Limitations in Personal Injury Cases?
by cjleclaire
Apr 09, 2019 | 35652 views | 0 0 comments | 1337 1337 recommendations | email to a friend | print | permalink

Deadlines for Bringing Lawsuits

When you hire an attorney to file a lawsuit, there are a lot of legal terms that may seem confusing. Statute of limitations is sometimes one of those terms. However, it is vital to understand what it means because it could result in the difference between being able to pursue a lawsuit and discovering that you no longer have that right.

What Is a Statute of Limitations?

A statute of limitations is a time limit for bringing legal action. It establishes the maximum amount of time to bring a claim for a certain type of offense. Once that time limit has passed, the statute of limitations expires, and your window to file a lawsuit has closed.

What Are the Time Limitations for Filing a Personal Injury Lawsuit?

A personal injury lawsuit is a legal action taken to recover compensation for damages when another person has caused the physical injury.

Under New York law, you must file the lawsuit within three years of the date when the personal injury occurred.

(There are exceptions, such as lawsuits filed for medical, dental or pediatric malpractice and certain other lawsuits. These have different time limitations.)

What Is the Statute of Limitations for Wrongful Death?

When a person’s wrongful actions cause the death of another person, grounds may exist for a wrongful death lawsuit. The person who is suffering loss from the death can pursue compensation through a lawsuit. The statute of limitations for a wrongful death lawsuit in New York is two years from the date of the person’s death.

If the person suffering the damages is a child or is legally incapable of filing the claim, then the individual’s guardian must file the claim.

Claims that involve the government or a municipality have shorter statutes of limitations and you should seek legal help right away.

When Should You Consult with an Attorney?

Whenever personal injury damages are significant or when you have lost a loved one due to wrongful death, it is wise to speak with an attorney. Knowing what your legal rights are can help you decide whether to pursue a case. The attorney can explain the statute of limitations that applies to your particular situation.

An experienced personal injury lawyer can evaluate your concerns and let you know what the prospects are for bringing a lawsuit. Initial consultations to discuss the case are free, and attorney fees only apply when the lawyer is successful in recovering compesnation.


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