New York Shoulder of the Road Accidents
In early 2016, the driver of an SUV pulled over to the shoulder of the road because it had a flat tire. Another driver in a pickup truck pulled over as well to help. An 18-wheeler suddenly veered off the road and hit the pickup truck, causing it to ram into the SUV. One person was killed, and another critically injured. While it may seem as if the shoulder of a road is safe, they are not. Drivers stopped on the side of the road because of mechanical problems, medical emergencies, or for other reasons are often victims of serious car accidents. While shoulder of the road accidents sometimes involve a car sideswiping a vehicle that is stopped on the shoulder, often the victim is outside of the stopped vehicle and is struck by another vehicle. Particularly in cases where the victim is struck while outside of the vehicle, the victim is likely to suffer severe, life-threatening injuries. For example, a pedestrian who is struck by a speeding car may be thrown through the air landing on his or her head, and may suffer a traumatic brain injury such as a severe concussion. Another common type of injury is a back or spinal cord injury that leaves the victim paralyzed. These types of injuries may involve long recovery times, with the victim being unable to work. However, under New York law victims of car accidents are allowed to seek compensation from the person whose negligence resulted in the accident. If you are in need of a New York Injury Lawyer because you or a family member was injured in a shoulder of the road car accident caused by another person’s negligence, it is important to contact an experienced New York Shoulder of the Road Accidents Lawyer who will help ensure that those responsible for your injuries are held accountable through a personal injury or wrongful death claim.How do shoulder of the road accidents happen?
A variety of factors can contribute to a shoulder of the road accident. Sadly, oftentimes a shoulder of the road accident is caused by another person’s negligence.
- Speeding. A driver that is speeding may not have enough time to properly maneuver his or her vehicle to avoid a pedestrian or car that is on the shoulder, but very close to the road. Where there is a construction zone, the law requires that drivers slow down and adhere to a reduced construction zone speed limit. Many drivers ignore this requirement and end up hitting construction workers working on the side of the road.
- Distracted driving. We have all driven behind a driver whose vehicle drifts to the right or left because the driver is talking on the phone. If a car happens to be stopped on the shoulder or a pedestrian walking on the shoulder, the distracted driver could end up striking the vehicle or pedestrian.
- Reckless driving. When someone is stopped on the side of the road both the person stopped and oncoming drivers must be careful. Oncoming drivers should slow down and make sure there is adequate room to safely pass the stopped vehicle or pedestrian. Drivers who fail to do this could end up causing a collision. This is more likely to happen with larger vehicles such as SUVS, vans, and commercial trucks.
Victims injured in shoulder of the road accidents suffer catastrophic injuries and are often left in deep financial distress because of the substantial medical bills. Not only do victims have significant medical bills, but their income is reduced since they are unable to work while they recover from their injuries.
Through a personal injury lawsuit you may be able to recover damages for your medical expenses, lost wages, loss of future earning capacity, as well as pain and suffering. If a family member was killed in the accident, the law allows the decedent’s personal representative to seek damages through a wrongful death claim.
It is important to note that victims of shoulder of the road accidents are not only drivers with mechanical problems or emergencies. Victims are often construction workers performing maintenance or construction on the roadway. If you were injured while working, under New York law you have the right to benefits through workers' compensation. Workers' compensation benefits are limited. Thus, it is important to work with someone with experience to determine if you are entitled to compensation outside of worker’s compensation benefits.New York Shoulder of the Road Accidents Lawyer
If you or a loved one was injured in an accident that you believe was caused by the negligence of another person, it is critical to immediately contact an attorney with experience. Not only will you be faced with physical challenges, you will also face financial challenges due to medical bills and loss of income. Compensation from the person responsible for your condition is essential to help you and your family deal with the financial burden. The staff at Stephen Bilkis and Associates has extensive experience representing clients injured in vehicle accidents including should of the road accidents, car accidents, truck accidents, and other types of accidents. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your car accident.