Gross Negligence New York

Most personal injury cases involve the negligence of a defendant who did not conduct themselves in the way that a reasonable person would in similar circumstances. Cases that involve gross negligence go beyond that standard of defined negligence.

According to New York law, grossly negligent conduct involves having a reckless indifference or reckless disregard for the rights of other people. In gross negligence cases, to show that a defendant acted in a grossly negligent way, you must prove that they failed to have even the slightest care for the victim’s safety.

Gross negligence and willful misconduct both surpass the defined negligence standard. If you suffered an injury due to another person’s negligence in any type of accident, you may be able to recover compensation. Mazzu Law is a personal injury law firm in New York that provides empathetic and strong legal representation for every victim. In this blog post, we discuss gross negligence as per New York courts and review your options after an accident.

Negligence driving

Understanding What Gross Negligence Involves

Gross negligence law in NY differs from negligence and willful misconduct even though these terms are all related in some way. The gross negligence standard upheld by the New York courts is focused on the excessiveness of a defendant’s deviation from reasonable care. 

It is a substantive difference in negligence, where the level of negligence is surpassed to reach an egregious level. Common examples of gross negligence can help you understand what sets it apart from ordinary negligence and willful misconduct, the latter of which surpasses gross negligence. 

Examples of Gross Negligence

Since this level of negligence may result in punitive damages, which is meant to punish defendants, it is important to understand what makes it different. Consider a car accident, a type of personal injury accident that occurs every day. 

While the terms are related, the key difference is if a driver was speeding and drunk driving and caused an accident. If that accident involved the drunk driver crashing into a school bus while young children were getting on or off it, resulting in serious injuries or fatalities, this would be grounds for gross negligence. 

Another example of reckless disregard would be a doctor who performed a treatment that does not fit with a patient’s medical history. This is often the grounds for a medical malpractice case. 

Ultimately, a defendant may not engage in intentional wrongdoing even though it stems from their negligence pattern. This person may consistently demonstrate complete disregard for the well-being of others. If it can be proven that the defendant breached these terms in a personal injury case, the judge or jury may consider imposing punitive damages.

Proving Gross Negligence

Proving to the courts that gross negligence was a factor in your injury is similar to proving liability for negligence. It requires showing that the party or parties involved exhibited this conduct which means satisfying four criteria:

Duty of Care

The first step is proving that the defendant owed the victim a duty of care, otherwise known as a legal obligation to behave in a reasonable way. As an example, all drivers on the road must drive safely as it is their duty to keep other drivers on the road safe.

Breach of Duty

When a person takes actions that are excessively careless, they breach their duty of care. A person who far exceeds the legal limit for intoxication and gets behind the wheel would be breaching their duty to other drivers.

Causation

In cases where someone behaves in a grossly negligent way, their actions must be shown to have caused severe injury or harm to the victim.

Negligence driving actions

Damages

Parties that acted with gross negligence caused the accident, injuries, and financial losses to those they harmed. 

Proving negligence is challenging when you are suffering from painful injuries. When the actions of another are grossly negligent, you will need a Buffalo personal injury lawyer to help prove why the defendant should have punitive damages imposed on them. Punitive damages are not awarded in every personal injury case and you will require an experienced attorney who will know what evidence will best support your claim. This evidence may include detailed medical records, police reports, photos and videos, expert testimony from accident reconstructionists or medical experts, eyewitness testimony, black box data, and surveillance or traffic camera footage. 

The greatest benefit of showing the substantive difference between negligence and gross negligence is that punitive damages may be added to punish the defendant. They also serve to discourage others from behaving in such egregiously negligent ways. In general, the more reckless and indifferent the at-fault party is and the more evidence you have to prove it, the more likely you will have punitive damages awarded in your case. 

Why You Need a New York Gross Negligence Attorney for Gross Negligence Cases New York

When you are involved in an accident that was caused by someone else’s gross negligence, you do not deserve to incur all of the expenses that come with it. You likely have major medical bills and expenses from your hospital stay, surgeries, assistive medical devices, prescriptions, physical therapy, and much more.

You’ll also be likely to miss work and those lost wages can further destroy your financial situation. Along with the mental impact this kind of experience can have, you may no longer be able to do the things you once loved doing, all because someone else had such a blatant disregard for behaving responsibly.

If you are in this type of situation, it is imperative that you get gross negligence legal help in NY. Attorneys will know the best strategies to use to fight for the money you deserve. You’ll have the chance to focus on healing and your recovery while your lawyer advocates for you. Contact Mazzu Law today to discuss your case in a free initial consultation where you’ll learn more about your legal options. 

5 Simple Ways to Make Your Car Safer

Car maintenance

Every day that you sit in the driver’s seat is another day that you are at potential risk of a car accident. The steps you take in making your car safer can certainly help and by improving vehicle safety, you may even be able to save more on your car insurance. 

While newer cars will have improved safety features, there are ways to make an older car safer. Mazzu Law is a renowned personal injury law firm that specializes in traffic laws, especially those pertaining to accidents, and assisting victims in recovering fair compensation. 

In this article, we provide tips for how to improve car safety and what to do if you are the victim of a crash. 

The Importance of Car Safety 

The way you drive is important as you are responsible for controlling your vehicle, abiding by the laws, and watching for pedestrians and cyclists. Following these car safety tips can greatly benefit you and all passengers in your vehicle. It can also help you avoid crashes and experiencing car insurance premium increases.

The one thing you can’t control on the road is other drivers. Even if you drive safely, you have no idea what kind of person is driving the car beside you. They may be drunk driving, distracted, or simply didn’t get enough sleep. 

Since every time you get behind the wheel you are at risk, the only thing you can control is making your car safer in the event of a collision. These tips will help you do your best to avoid any tragic circumstances. 

1. Maintain Your Vehicle 

When it comes to older cars or even a new car, you will be much safer if you follow regularly scheduled maintenance. Some of the things required to maintain your vehicle are tasks you can manage yourself. This would include making sure that your seat belts are in proper working order, checking in on your tire pressure, and checking that all lights are operational.

If your tire tread looks worn, it may be time to get new tires. They will ensure a strong grip on the road, even in bad weather. Additionally, tires should be right for the season. You’ll want to make sure you purchase the right ones to keep you safe in heavy snow in winter.

A mechanic should inspect braking performance. If your brakes are worn, they can put you, your passengers, and other drivers in danger. Regular maintenance can help you avoid issues when traveling at highway speeds, ensuring that your engine and all integral parts of your car are roadworthy.

Additionally, don’t forget about your windshield wipers. You should replace them if they aren’t easily clearing rain and condensation out of your way. A quick trip to the auto shop can make sure that everything from your wipers to your car’s handling are in proper working order and ready for the road ahead. 

Car safety

2. Add Safety Features

Many cars manufactured in recent years are equipped with modern safety features. If you have a new car, you may already have the most up-to-date system on the road. 

However, even if your car is older, you can add aftermarket features to improve its safety. 

Electronic Stability Control

Electronic stability control (ESC) is one of the few safety features you can’t add if your vehicle isn’t equipped with it. Since it has been standard in all vehicles since 2012, your car should have this feature unless it is older than that. 

ESC sensors work with the antilock brake system (ABS) and traction control system (TCS) to help prevent crashes. It should be noted that this system works best when your tires are inflated to proper PSI levels as advised by your vehicle manufacturer.

Lane Departure Warning

Adding a lane departure warning system is a smart move if you want to be safe. This system uses different system alerts such as visual warnings, vibrations, or sounds. The sensors will let you know if you are drifting out of your lane.

Rear Cameras

Installing sensors with a rear camera with pedestrian detection is a great idea if your car is not already equipped with this feature. It can make a big difference when you are backing out of your driveway or a parking space. Backup cameras can help you avoid pedestrians or a stationary object. 

It may just be the best automotive technology to add to your car as it helps you see blind spots. One big blind spot is below the rear window of your vehicle, and with a clear line of vision through the blind spot-focused camera, blind spots are quickly becoming a thing of the past.

Other features can provide automatic emergency braking, voice commands for your mobile phone, and adaptive cruise control, among others. If you add these options to your vehicle, make sure you inform your car insurance company. You may be eligible to get a rate discount by making these safety updates to your car.

3. Make Sure You Abide by Child Safety Requirements

If you have children as your most frequent passengers, you must do everything you can to protect them. Teach them how to buckle their seat belt and the importance of always wearing it while you are driving and set a good example that will serve them well for life.

Younger children should always be buckled into child safety seats while older children should sit in booster seats. For infants, make sure the car seat faces the rear of the vehicle. If you are unsure of how to install a child safety seat, you can always stop by your local police department. Many officers are happy to help ensure that drivers and their young children are following all metrics of safety while driving. 

4. Adopt Smart Driving Habits to Protect Yourself from Other Vehicles

You can’t control other vehicles but you can control yours. Understanding the principles of defensive driving can help you stay safe and may be the key to avoiding rear end collisions or a run-in with someone who is drunk driving alongside you on the road. If you don’t regularly follow these habits, make it a point to do so or sign up for a class to refresh your defensive driving skills.

Always Wear Your Seat Belt

Every driver and passenger should wear their seatbelt while driving and keep the driver’s seat a reasonable distance from the steering wheel. In the event of a crash, you will be less likely to sustain injuries from the airbags.

Stay Attentive

Drivers who pay attention to the task of driving and refrain from distractions can avoid or react effectively to a dangerous situation.

Follow at a Safe Distance

The best way to avoid a crash is to adjust your speed to follow at a safe distance. If the car in front of you stops suddenly, you won’t get into a collision if you’ve left enough room.

Obey the Speed Limit

speed limit

Drivers who speed are more likely to crash. Follow the posted speed limit but be prepared to go slower if the weather conditions impact the grip of your vehicle’s tires or your visibility.

Know and Follow All Traffic Laws

When you are driving, make sure you’re following the rules of the road. While keeping the speed limit in mind, it is also important to know when to yield the right of way as well as use the turn signal to communicate your intended direction to other drivers.

Plan Your Route

Technology makes it possible to pull up a map in real-time. If you have a new vehicle, this technology is likely built into your car. If you have an older vehicle, you can connect your smartphone using a mount and use its GPS. 

However, you should always review the route to your destination prior to departing. Familiarize yourself with it and you’ll be less likely to stare at the screen and take your eyes off of the road. Additionally, you should take things like the time of day you’re making this trip into consideration. Rush hour traffic will make for more crowded roads and foul weather can slow things down.

Be Safe While Overtaking Other Cars

Before you pass other cars, make sure you have enough room. When driving in front of other cars, you don’t want to pass so closely that they must hit their brakes. Be a smart driver and consider other cars. Even better, make sure you use your signal prior to switching lanes. It could save your life.

Avoid Rushing to Avoid a Crash

In almost every type of collision, particularly ones that happen head on, the core reason is due to driver error. While some people are distracted while driving, others are rushing because they are in a hurry. Nothing is more important than getting where you are going safely. Plan ahead to leave early and give yourself more time. 

5. Prepare for Emergencies

All vehicles should be equipped with equipment for an emergency. You should have a spare tire and tire jack in your vehicle at the bare minimum. You may also want to consider other emergency equipment designed for vehicles such as a power tire inflator and a tire repair kit.

Jumper cables, warning triangles, and multi-use tools are also encouraged. In particular, a multi-use car tool can help you cut seat belts after a crash, break glass to escape if you have no other way out, and perform other tasks to assist in an emergency situation. 

If you are the victim of a crash, you should know how to handle that. The first thing to do is call 911 to get help. They will send emergency medical services for anyone who is injured, and it is wise to get a medical evaluation right away, even if you don’t think you’re hurt. 

While today’s technology in vehicles helps minimize injuries to a degree, the force of an auto wreck can impact vital organs in your body from your brain to your lungs. Try to take photos or videos if you are able to after the accident as you will need to report what happened to your insurer. There’s a chance you may be fully or partially blamed for this event, and if your injuries are serious, you certainly don’t want that to happen. 

Make sure you contact a Buffalo car accident lawyer who can help you investigate the true cause of this incident and gather evidence on your behalf. Many drivers end up in the hospital after car crashes and don’t have the opportunity to properly capture the aftermath. When you hire an attorney, you will have someone representing your best interests to recover the compensation you deserve as a result of another driver’s negligent acts. 

You can do many things to make your car as safe as possible, but you can’t always protect yourself from bad drivers. With Mazzu Law, you’ll find compassionate attorneys committed to making things right after your crash. Contact us today to get the legal representation you need and schedule a free consultation. 

Willful Misconduct New York Law

New York courts always look at the severity of certain actions under the law. These will involve three terms known as negligence, gross negligence, and willful misconduct in NY law. 

New York willful misconduct laws are different from negligence and gross negligence. Willful misconduct tends to be a part of indemnity or insurance agreements. Mazzu Law is dedicated to providing comprehensive legal services in New York with experience in handling cases related to willful misconduct. In this blog post, we discuss the laws involving willful misconduct and how they differ from gross negligence in New York courts. 

Understanding Willful Misconduct

The willful misconduct definition New York follows is when a person is aware of the consequences of injuring another and does nothing to adjust their behavior to avoid those consequences. In other words, they conduct themselves in a manner that has the potential to hurt someone else and do so willingly.

This differs from willful conduct in that willful misconduct isn’t necessarily malicious. It’s more about conduct that disregards known rules. The definitions of these terms of conduct can be confusing, which is why it may be best to look at a few examples to demonstrate how New York courts view willful misconduct.

In the business world, these obligations can be illustrated by looking at a bar owner who allows more patrons into their establishment than permitted by the fire code. They know the risk of taking this action, but choose to do so anyway. Guests become injured when a small fire breaks out because they struggle to get out safely.

It goes beyond negligence with this type of conduct simply because the owner knew the risk and the danger that could arise by taking that risk. Negligence and willful misconduct are closely related, but there is a substantive difference between the two, and in NY, this breach could mean more than liability. It could mean punitive damages are awarded to the injured parties in court.

For someone with a contract or employment at a company, willful misconduct could be ignoring legally required safety mandates. If your employer is engaging in similar behavior, it is vital that you discuss your situation with a Buffalo workplace injury lawyer

How Does Willful Misconduct Differ from Gross Negligence?

Citing Black’s Law Dictionary, the terms gross negligence and willful misconduct are distinct based on the severe degree of negligence and reckless disregard for the safety of others. Gross negligence and willful misconduct both hinge on negligence but it is easier to see the differences between the defined negligence terms of gross negligence and willful misconduct via an example.

A driver may speed in a school zone, resulting in running down school children who become injured or are killed as a result of this grossly negligent behavior. Gross negligence and willful misconduct terms are similar but different. All three terms of varying negligence can also be evident in contracts and any other type of agreement in business. An attorney can help you understand the defined negligence terms and whether or not they apply to your circumstances.

The Legal Consequences of Willful Misconduct in NY

court room

In New York, the standard clauses of defined negligence may result in legal consequences. The consequences will vary widely, depending on the circumstances. 

As an example, a professional engaging in this type of misconduct can face liability through a civil suit in the courts while losing their professional license. An employee who breaks the contract of their work specifications may be banned from collecting unemployment benefits. Punitive damages will likely be sought in court by the injured or harmed parties.

How Mazzu Law Can Help You with Willful Misconduct and Gross Negligence

In personal injury cases, the wronged party, known as the plaintiff, has the burden of proof. Cases that involve willful misconduct or gross negligence have a higher burden as it must be shown that the defendant went beyond ordinary negligence with their behavior.

In the courts, these cases can be complex as you’ll need to establish a duty of care, breach of duty, causation, and damages. Having an attorney can help you prove liability to the courts for the involved parties. At Mazzu Law, we will help to strengthen your case for willful misconduct to fight for punitive damages. If you are currently struggling with a possible case that involves these levels of negligence, contact us today to schedule a free consultation to determine your next steps. 

Are ATVs Street Legal in New York?

ATV on the road

In New York State, especially in Upstate New York, many people enjoy riding ATVs. However, they can be dangerous vehicles. Safety is imperative when operating ATVs, as is abiding by ATV laws set by state law.

Many people wonder if they can ride ATVs on public streets. Mazzu Law is a personal injury law firm in New York committed to supporting accident victims. In this blog post, we provide a guide to New York laws about operating ATVs safely and legally.

Understanding ATV Laws

Before discussing legal ATV use, it is important to understand what New York state considers an ATV. By definition, an ATV is an all-terrain vehicle, or self-propelled vehicle, with two or more wheels manufactured for the specific use of off-road riding. These should not be confused with snowmobiles, which are regulated by a different set of laws.

ATV safety is important because, unlike other motor vehicles, ATV riders have little to protect them in an ATV accident. Below, we review the laws that are specific for ATV use. 

ATV Registration, NY

All ATVS in New York must be registered and have a license plate, even if the only place you ride your ATV in New York is on your property. An ATV dealer has the responsibility of registering every ATV sold before the purchaser can take delivery. 

There are certain cases for exemption such as when the ATV will be used outside of New York state, used for agricultural purposes or snow plowing when not for hire, and special events. Anyone who purchases an ATV from someone other than a NY state ATV dealer must register the vehicle with the DMV.

If you purchased your ATV in another state and then moved to New York, then ATV use is not legally permitted until you register it in New York. You must also provide proof of ownership, sales tax payment, identity, and date of birth for your registration, which will last a full calendar year before requiring renewal.

Liability Insurance

New York ATV laws also mandate that an ATV owner can’t use this vehicle anywhere in the state except on their property unless they are covered by liability insurance. This will be essential if you get in an ATV accident or are questioned by authorities. You will need to have this insurance for property damage or injury claims.

Who Can Operate an ATV in New York?

You do not need a driver’s license to operate an ATV in this state; however, there are ATV use restrictions for anyone under the age of 16. Anyone between the ages of 14 and 15 can only operate an ATV under the following circumstances:

  • There is adult supervision present.
  • In the absence of adult supervision, ATV riders in this age bracket can only ride ATVs on private property owned or leased by their parents or legal guardians.
  • Children of this age may also ride unsupervised on lands where use of this vehicle is permitted with a complete ATV safety training certificate approved by the Department of Motor Vehicles (DMV).

Anyone under the age of 14 must either be supervised by an adult or on lands owned or leased by their parents if they don’t have supervision. People of any age can only ride ATVs on public land where ATV use is allowed and acknowledged by signs. You cannot ride an ATV on private land unless you have permission from the property owner.

General Laws Required to Operate an ATV in New York

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There are additional restrictions imposed on anyone riding an ATV in this state. You aren’t allowed to carry any passengers unless the specific model of ATV is designed to carry a passenger. Helmets must also be worn at all times by riders of all ages. 

Additionally, an ATV cannot be operated from a half hour after sunset to a half hour before sunrise without a lighted headlight and taillight. This half hour rule is implemented instead of set hours of the day as there could be more or less light at a particular time when the seasons change.

You should not speed on any land, nor should you ride an ATV while under the influence. While these conditions may be prohibited, some people push the limits. In snowy weather for example, you can’t pull someone behind your ATV while they are on skis, sleighs, toboggans, or anything similar without a tow bar or other solid, rigid connection.

Required ATV Equipment

Don’t make the mistake of only getting your registration and other pertinent documents for your ATV in New York. Beyond the registration, you must also have a USDOT-approved helmet. 

Make sure your off-road vehicle is maintained at regular intervals. It should have brakes in good condition, a muffler that meets federally-mandated standards, a U.S. Forest Service-approved spark arrester to prevent forest fires, tires that are in proper condition with 2/32nds of an inch of tread minimum, and operating headlights and taillights. 

Can You Operate ATVs Alongside Other Motor Vehicles on the Roads of New York?

Can you have a street-legal ATV in New York? Even though you must register an ATV like other motor vehicles, you are not permitted to ride them on public roads or highways. 

There are certain exceptions, such as any highway that is designed and marked with a posted sign for ATV use. These highways will only be short distances that connect to off-road trails. 

The Department of Motor Vehicles does permit the crossing of highways in certain circumstances while riding an ATV. It is recommended that you avoid crossing a highway unless it’s absolutely necessary. When crossing a highway, make sure that you cross at a 90-degree angle where there are no obstructions to quickly and safely get to the other side. 

Before crossing, come to a complete stop and yield the right of way. Since these vehicles are designated for use off main roads, they do not come equipped with turn signals. You must cross highways with extreme caution while operating them. You can cross roads with divides as well, but only where it intersects at another street. Crossing any interstate is strictly forbidden.

The rules may be strict but they are there to prevent an ATV accident from occurring. ATV safety is imperative as they are easy to flip and get into a single vehicle accident. It is possible to get into an accident with other vehicles, especially if you aren’t taking the right precautions. 

Safety Regulations Designed to Prevent an ATV Accident

The Department of Motor Vehicles in New York has strict rules that go beyond the requirements of sales tax payment and other paperwork for vehicles specifically designated for off-road use. Just like dirt bikes and e-bikes, operators of these vehicles must abide by the restrictions and regulations imposed for their safety.

ATV safety courses by the DMV are required for younger riders but as mentioned above, operators over the age of 16 are not mandated to take them. However, they can help keep you safe while riding your ATV.

You should know where you are permitted to ride and where riding is forbidden. It’s also important to protect yourself and abide by safety standards, even when riding on your own New York property. Helmets are mandatory, though eye protection, gloves, boots, long-sleeved shirts, and pants are highly advised to help keep you safe while on your ATV.

Steps to Take After ATV Accidents in New York

After an ATV accident in New York, you need to know what steps you must take. 

Report the ATV Accident

ATV accident

First, you’ll need to provide proof of insurance to anyone you’ve injured using acceptable documents. Any damage to property must be reported to the owner and you should contact the local police as soon as possible. 

The accident may not have been your fault but the police should be alerted, especially if someone was injured or killed. You’ll also need to report the accident to authorities if damage was $600 or higher.

Inform the DMV

After the police have been notified, you will need to file a report with the DMV in certain circumstances. The law dictates that this must occur within 30 days of the accident if there were injuries, fatalities, or the damage was $1,000 or more.

Failing to make this report could result in criminal charges. In New York, it is a misdemeanor, which can result in the suspension or revocation of your registration. If you are incapacitated in this accident, someone else can file the report on your behalf but you must still make this report yourself as soon as you are capable.

Contact an Attorney 

When you get in an accident on this type of vehicle, it is vital to obtain representation from a Buffalo personal injury lawyer. You likely never thought of this situation arising when you purchased your ATV, applied for its registration, and paid the sales tax. However, all operators of these vehicles must take the necessary precautions to avoid tragic events.

You may have been riding on land that you were allowed to be on in accordance with the laws when an accident occurred because an e-bike or car came out of nowhere. The at-fault laws in the state mean that you can seek compensation for your injuries and damages from the person who caused the accident. With the pure comparative negligence laws, you can still recover compensation, even if you share up to 99% of the fault.

Your injuries can be costly and if someone else caused them, you should not be blamed. When you contact Mazzu Law, you will find compassionate legal representation for matters involving ATVs. Our attorneys will investigate and review the evidence to help support your claim. Since accidents involving these vehicles can be complicated, it is wise to gain legal insights from lawyers who understand the requirements of the laws imposed by the state and can outline your legal options. Schedule a free initial consultation to discuss your ATV accident.