Wednesday, October 10, 2018

Hit & Run Accidents

Several days ago, a pedestrian was critically injured after being struck by a hit-and-run driver in New Cassel, NY.  According to police, an unknown driver was traveling eastbound on Broadway Avenue when they struck a male victim, 61, who had fallen into the roadway.  The victim was transported to the hospital and is listed in critical condition.
The Sanders Firm helps victims of automobile accidents in New York to recover compensation for their injuries from negligent or reckless drivers who have caused the accident.  There are times when the identity of the driver is not known because the driver left the scene rather than stopped as required by law.

It’s important that the injured victim of the hit and run accident files an uninsured motorist claim with their insurance carrier. Hit and run lawsuits are covered by New York Insurance Law section 5217, which allows uninsured motorist claims when the identity of the vehicle owner is unascertainable, but only in certain situations (see below). This law applies either when the identity of the operator of the vehicle cannot be ascertained, or when the vehicle was driven by an unknown person without the consent of the vehicle’s owner, even if the owner’s identity is known.

In order to avoid fictitious claims by people who were not really in a hit and run accident, the law requires the victim to provide proof of physical contact with another vehicle. It is not enough to claim that you were “cut off” in traffic, even if the other driver’s actions caused you to swerve or lose control and strike another vehicle or object.

Although there must be physical contact with another vehicle, it can be only a part of the vehicle. For example, a muffler could detach from a vehicle and land in the roadway, and another driver striking the muffler could lose control of the car and strike a guardrail or go off the road, resulting in a serious personal injury. This type of accident is very real, but it is hard to prove and presents difficult factual and legal issues related to proximity and other factors.

The attorneys at The Sanders Firm have handled all types of automobile accidents, including hit and run claims and other uninsured motorist claims. If you have been injured in a hit and run or any other type of motor vehicle accident, please contact us at 1.800.FAIR.PLAY or visit: www.TheSandersFirm.com
If you have been a witness in a hit and run accident, please report it to Crime Stoppers at 1-800-244-TIPS.


For the full story: http://longisland.news12.com/story/39247992/pedestrian-injured-in-new-cassel-hit-and-run


Thursday, October 4, 2018

Homeowners & Natural Disasters

ARE HOMEOWNERS LIABLE FOR NATURAL DISASTER INJURIES?

It’s hurricane season in New York and some Long Islanders were hit with a small storm last night. Storms, hurricanes, tornadoes could have an impact on homeowners. Natural disasters don’t wait until everyone is safe in their home or a public building to strike. You could be enjoying time with friends at their house or need to take shelter during travels. If you suffer an injury at someone else’s home or property, you may wonder how you will pay for medical bills, the cost of rehabilitation and time off from work. The Sanders Firm is here to help.

Homeowner’s Insurance and Natural Disasters

Natural disasters, including hurricanes, tornadoes, lightning strikes, severe storms, floods and earthquakes, are considered natural disasters. No one can foresee or prevent the damage caused by these occurrences. Homeowner’s and renter’s insurance are the first two places many individuals look after a natural disaster, but these two forms of insurance may only offer limited coverage after a natural disaster.
All insurance policies are negotiated using a “standard risk measurement.” Natural disasters often fall outside of those categories, and some homeowner’s insurance policies may not cover any injuries or damage associated with the disaster. Every insurance policy varies slightly. Homeowners should look closely to see what types of damage and injuries are covered after a natural disaster.
Many insurance companies do not cover flood damage, and others may limit the amount of compensation a policyholder or injured individual can collect. Both residents and guests who suffer during an incident may find some financial relief from these types of insurances, but it may not fully cover the associated costs.

When a Homeowner or Third Party Is Liable for a Visitor’s Injuries

Proving homeowner or third party liability after a natural disaster is difficult but not impossible and that is why you will need a skilled attorney to help. The Sanders Firm understands these cases and the responsibilities of property owners and insurance companies. Property owners are required to reasonably address foreseeable hazards in and around the home. When they fail to do so or to warn visitors of the hazard, they are liable for any resulting injuries. For instance, if a friend comes over for dinner and a heavy wind gust in a storm knocks a tree over, hurting the individual, the homeowner may be liable. If the tree was dead or a hazard prior to the weather event, injury liability is the responsibility of the property owner.
An injured individual may also hold a product manufacturer or a construction/installation company liable for an injury in some cases. For example, if a wooden beam falls in a garage during a hurricane and a subsequent investigation shows the beam was not reinforced according to building code, the construction crew may shoulder the responsibility for any resulting injuries.

How The Sanders Firm Can Help

If you suffer an injury after a hurricane, tornado, flood, or other natural disaster on someone else’s property in New York State, you may have access to compensation through a homeowner’s insurance policy. In addition to helping you investigate the proximal cause of your injury, here’s how we can help:
  • The Sanders Firm will represent you during a lawsuit – In conjunction with negotiation with insurance providers, The Sanders Firm will likely pursue an alternative case to prove negligence on the part of a homeowner or a third party.


New Yorkers need to know that after a natural disaster, you may need a skilled, compassionate attorney to help secure compensation and defend your rights. The Sanders Firm has successfully handled these types of cases for over 50 years and will make sure that you do not suffer with the consequences of an injury that was out of your control. Our team will help you determine the right course of action to secure the treatment and compensation you deserve.
Contact The Sanders Firm at 1.800.FAIR.PLAY