Share the Road Accidents
We'll hold the driver who hurt you accountable
Every driver on the road has certain responsibilities - to stay within marked lanes, to maintain proper following distance and to steer clear of the road's shoulder. When drivers fail to follow the rules of the road, they put others at risk. Share-the-road accidents can lead to devastating injuries because they typically involve contact between vehicles and unprotected people. Some common types of share-the-road accidents are:
Perhaps you were hit by an irresponsible driver while biking or walking on the shoulder of a road. A truck driver may have failed to pull far enough over while stopping for a delivery, causing a collision. Or maybe you were hit while legally using a crosswalk or by a driver who failed to signal. No matter the circumstances, you shouldn't have to suffer due to someone else's negligence.
At the Law Offices of James Morris, we have decades of experience representing people hurt in share-the-road accidents throughout New York. We know the arguments that irresponsible drivers' insurance companies often make and we're prepared to counter them. Our legal team will fully investigate your case and fight for the compensation you need.
While both pedestrians and drivers share a responsibility to prevent accidents, pedestrians generally have the right of way. Drivers are expected to yield to pedestrians in crosswalks, observe speed limits and use turn signals when appropriate. When drivers fail to obey the rules of the road, or when they drive distracted or under the influence, they put pedestrians at risk.
Sadly, children are often victims of pedestrian accidents. They don't exercise the same judgment as adults and frequently dart out into traffic. That's why drivers are expected to slow down and exercise extreme caution when driving through school zones or near playgrounds.
Pedestrian accidents may happen fast, but they can have life-changing consequences. If you or a loved one has been hurt, here's what you need to know:
Do I need to hire an attorney after a pedestrian accident?
Yes. If you file a claim yourself, your odds of getting a fair settlement out of the driver's insurance company are remote. Insurers are constantly looking for ways to settle claims for as little money as possible, rather than making fair and just payments to injured party. Our legal team can investigate the circumstances surrounding your accident, determine whether the driver was negligent and fight for your case through negotiation and litigation.
What damages can I recover, and how can an attorney help?
Even minor contact between a vehicle and a person's body can cause life-changing injuries. You may be able to collect compensation for medical bills, physical therapy and future medical expenses. If you cannot work following your injury, you may be entitled to compensation for lost wages. If a lingering injury or disability affects your ability to earn an income, you can also claim compensation for lost earning potential. Because a personal injury claim can cover so many sources of compensation, we strongly recommend speaking with one of our attorneys before accepting any settlement offer from an insurance company.
What if I was partially at fault?
As long as the driver shares some of the blame for the accident, you may still have a case, although the damages you collect will be reduced by your percentage of fault. For instance, if you are found to be 30 percent at fault, your award will be reduced by 30 percent. Depending on your share of fault, your claim may or may not be valid. But it's often impossible to determine who is at fault without an extensive investigation. That's why you should always consult us before accepting blame for an accident.
Cyclists are required to follow the same rules of the road as motorists. As a responsible biker, you're expected to obey stop signs and traffic signals, observe turn restrictions and ride in the direction of traffic. Motorists are likewise expected to follow the rules and avoid collisions with cyclists.
Unfortunately, many motorists don't pay close attention to the cyclists who share the road. Tired, intoxicated and distracted drivers often cause bicycle accidents. A collision with a cyclist can cause serious injuries, including traumatic brain injuries. When children are involved in bicycle accidents, they may suffer from injuries that affect them for the rest of their lives.
Finding a motorist at fault after a bicycle accident can be difficult. Insurance companies will often try to argue that the cyclist was not following traffic laws or caused the accident in some way. We can stand up to those insurance companies, collect evidence to support your case and bring justice for you or an injured loved one.
People who enjoy jogging and skating are particularly vulnerable to accidents because they often take to the streets before or after work. During these times of the day, many drivers are often in a hurry and visibility can often be limited. Bright-colored clothing and reflective gear can help reduce the risk of such accidents. But joggers have little physical protection if they are struck by a vehicle.
Many jogging and skating accidents involve drunk, distracted and fatigued drivers, who have difficulty seeing the jogger or skater even with precautions in place. Jogging or skating accidents can lead to severe injuries - internal bleeding, broken bones, spinal cord injuries and even death. Unfortunately, car insurance companies are often more interested in limiting their own liability than fairly compensating joggers and skaters hurt by negligent drivers. Insurance companies may even try to argue that you caused the accident or claim you suffered your injuries later.
A jogging or skating accident can happen in seconds and leave you feeling bewildered and out of options. Don't let the insurance company get in the way of the justice you deserve and the compensation you need. Our legal team can stand up for you and hold the negligent driver accountable.