2010 FALL UPDATE

SILER & INGBER, LLP

Attorneys at Law

301 Mineola Boulevard

Mineola, New York 11501

Phone: (516) 294-2666 ° Facsimile: (516) 294-0870

http://www.mylawyercares.com/

Summer has come to an end and fall has arrived - swimming pools are drained, hot humid days are gone, ice cream trucks are in hibernation, America's pastime draws towards conclusion while football season is in full swing, and of course school is back in session leaving the roadways crowded with traffic jams.

I never paid much attention to the change in seasons but historically the number of accidents increases in the fall. It is important to know your rights in the event you are injured in a car accident, slip and fall or some other accident. Car accident injury victims have the ability to access benefits, such as available income benefits, housekeeping assistance, and medical benefits, that may not be available if you’re injured in a slip and fall.

Those benefits may be available to you even if you’re at fault for the accident. However, with a rich benefits system comes a more restricted ability to claim pain and suffering and other damages. There is a threshold that many cases have to meet to be able to claim.

In addition to the precise injury sustained, the effect on the person’s life is a very important consideration. If you or a loved one is in an accident, contact SILER & INGBER, LLP, toll free at 1-877-LAW-4343 (1-877-529-4343) for a free, no obligation consultation.

SILER & INGBER, LLP is a personal injury law firm handling various accident cases. Jeffrey Siler, myself and our staff provide legal services to those injured in motor vehicle collisions, slip and falls, bike accidents, dog bites, malpractice, workers’ compensation and dangerous and defective products. We analyze, negotiate, and vigorously assert our clients’ rights in litigation.

SILER & INGBER, LLP offers a variety of services to up-and-coming clients as well as more established clients. We represent companies, large and small and can also be of assistance with general law, corporate, insurance, or employment matters.

If you have questions, or if we can be of assistance to you, please call SILER & INGBER, LLP, 1-877-529-4343 (1-877-LAW-4343). I look forward to speaking with you.

Sincerely yours,

SILER & INGBER, LLP

Ronald Ingber

ringber@nylawnet.com

Ten Things To Do When You're In A New York Car Accident

When you are injured in a New York car crashhere are ten things that you should do:

1. Make sure to call the police. The other driver may ask you to "work it out between us", but that is always a bad idea, and will certainly hurt your prospects for a settlement with the other driver's insurance company if the accident was not reported.

2. Report all injuries to the investigating officer. Frequently, new clients come to our Mineola, New York office with a police report which states that "no injuries" were reported by either driver in the car accident. Insurance companies always refer to this in settlement negotiations, so don't let this happen to you.

3. Go to the hospital immediately and make sure that all of your injuries are noted by the triage nurse at the hospital.

4. If at all possible, get the names, addresses and phone numbers of any witnesses. Once you are taken for medical treatment, this information is very often lost forever and this can be absolutely vital to the success of your case.

5. Document the accident scene, the location of the vehicles, accident debris, the damage to your car, and any visible injuries with photographs. If you don't have a camera, use your cell phone if you can. This cannot be emphasized enough.

6. Treat immediately for your injuries to avoid insurance company claims that your injuries were not from the New York car accident.

7. Don't speak with the other driver's insurance company, and don't sign any papers or fill out any reports for the other insurance company.

8. Obtain the police report right away and if the other driver hasn't reported the accident, you or your lawyer must do so right away to preserve your rights.

9. Make sure you report the accident to your own insurance company to ensure that your no-fault coverage, which will pay for your medical treatment and lost wages, is immediately in effect.

10. Contact a NY personal injury lawyer immediately to represent you throughout the process, which is designed with many filing deadlines which must be met to protect your legal rights and insurance coverage.

If you are in a NY car crash, injured in any type of accident, or suffer injuries from a defective product or medical malpractice, contact the personal injury lawyers at SILER & INGBER, LLP for a free consultation with an experienced, knowledgeable lawyer who will fight to maximize compensation for your injuries.

Car Insurance Tune-Up

By TOM TORBJORNSEN

Learn About Cars
With over 35 years of automotive experience, Tom makes learning about cars easy. Get more of his advice:

Ask a Car Question Listen to Tom's Interviews Listen to Tom LIVE About Tom We keep our cars tuned up, but what about our automobile insurance? Recently I had a chat with an insurance broker. The topic of conversation? Smart insurance buying.

After our conversation I realized that the biggest mistake an uninformed consumer makes is to regard insurance coverage as a commodity... as generic as the oil purchased for the car. An insurance policy is a personalized service contract that provides coverage for you and your family in the event of an accident. When you read your auto policy the language is anything but simple. And everyone knows it's not inexpensive! To regard auto insurance as a "necessary evil" to be purchased as cheap as possible is a foolish and ignorant approach to this very necessary aspect of driving an automobile. Based on our conversation, here's how to get the biggest "bang for your buck" when purchasing automobile insurance:

BUY AS HIGH A LIABILITY LIMIT AS YOU CAN AFFORD - This is the coverage that protects you in the event you get into an accident and are accused of negligence. Remember, a lawsuit can be brought against you despite your culpability - and damages sought in today's court actions seldom fall below six figures. Often the spouse of the injured party seeks more than $100,000 for "loss of services." This doesn't include the dollars requested for the injured party. Question... how far would your present policy go in responding to this kind of a suit? Be realistic, not ridiculous in determining the amount of liability you need. Most insurance companies will write liability coverage up to at least $500,000. Adding an umbrella liability policy in the amount of one, two, three million (or more depending on your situation) will go a long way in protecting you. Only buying $50,000 coverage? See how long that lasts you when you get the hospital bill from the party you hit for three or four weeks... oh, and I forgot about the "loss of services."


BUY SUPPLEMENTAL UNINSURED MOTORIST COVERAGE - This is the coverage that protects you in the event you are involved in an accident with an uninsured motorist, or a motorist with low limits of liability insurance coverage. Let's say that you're involved in an accident resulting in serious injury to you, and possibly your passengers. No matter what the amount a court might award, if the negligent party has inadequate liability coverage and few assets, your award is of little value. The Supplemental Uninsured Motorist portion of your policy provides the liability coverage the other driver should have had, up to the limit you carry on your policy.

CARRY HIGH DEDUCTABLES ON YOUR PHYSICAL DAMAGE - Higher liability as well as Supplemental Uninsured Motorist coverage means higher premiums. A good way to help pay for this is to carry as high a deductible on your collision and comprehensive as you can reasonably afford. This brings the price of the premiums down.

CONSIDER DROPPING PHYSICAL DAMAGE ON OLDER VEHICLES - This is not an easy call. Typically, an insurance company charges less for collision and comprehensive on an older vehicle. In general, when a vehicle is six years old or more, it's worth considering this change. Things to take into consideration when trying to make this call are value of the vehicle, its condition, how much you drive it, and the policy charge for the coverage. At some point the charge for the coverage will not be worth what you could collect in the event of a loss. Never skimp on liability coverage in order to pay for less important physical damage coverage on a vehicle that is worth less than what the policy would pay in the event of a loss.

DEAL WITH AN AGENT THAT HAS YOUR CONFIDENCE - Make sure your agent gives you the service you need. Ask questions about coverage under different scenarios and ask for recommendations. Deal with a full-service agency; one that offers all the products you need and has the staff to make the complex insurance marketplace bearable.

'Til next time...Keep Rollin'

A Great Tool To Determine Blood Alcohol Content

Blood Alcohol Calculator

Drunk drivers and BAC limits in wrongful death cases

Breath testing can not always be performed. As an attorney representing the victims of drunk drivers, I know that due to circumstances beyond the control of law enforcement, BrAC (breath alcohol concentration) measured with a machine commonly referred to as a Breathalyzer can not always be tested during the time required by law to determine the BAC (Blood Alcohol Concentrations). Usually this is because the drunk driver has also been injured in the wreck they caused and must be rushed to a hospital for treatment. Thankfully, as a matter of course, hospitals do test for alcohol (ETOH) concentrations in the blood. For the lawyer attempting to convert serum alcohol to breath alcohol, the following formula will give you a rough conversion. I say it is rough because many physiological factors can affect the serum concentration.

SERUM to BAC FORMULA
Blood alcohol levels are coded in terms of percent by volume (serum %). Percent by volume equals the milligrams of alcohol found per deciliter of blood (mg/dl) divided by 1000. For example, a level of 30 mg/dl would be 0.03% alcohol. How labs report blood alcohol concentrations (BAC) varies. Many use the format used here (serum %), while others report BAC as milligrams of alcohol per deciliter of blood (mg/dl)—as in 30 mg/ dl. To convert mg/dl results to serum % results, divide by 1,000. Only BAC levels should be entered here; levels based on other body fluids such as vitreous fluid should not. Use caution when interpreting BAC levels because variation in the time elapsed between ingestion of substances, time of death, and time of drawing body specimens for toxico-logical analysis will affect the outcome.

General Effects of Alcohol
Effects of Alcohol at Different Blood Alcohol Contents Number of Drinks Blood Alcohol Content Typical Effect:
0.02-.03 Noticeable cognitive changes
.10-.15 Person obviously intoxicated, delirium
.24-.36 Loss of consciousness
.48 Severe coma possibly resulting in death

Test assumptions
Blood alcohol tests assume the individual being tested is average in various ways. For example, on average the ratio of BAC to breath alcohol content (the partition ratio) is 2100 to 1. In other words, there are 2100 parts of alcohol in the blood for every part in the breath. However, the actual ratio in any given individual can vary from 1300:1 to 3100:1, or even more widely. This ratio varies not only from person to person, but within one person from moment to moment. Thus a person with a true blood alcohol level of .08 but a partition ratio of 1700:1 at the time of testing would have a .10 reading on a Breathalyzer calibrated for the average 2100:1 ratio. A similar assumption is made in urinalysis. When urine is analyzed for alcohol, the assumption is that there are 1.3 parts of alcohol in the urine for every 1 part in the blood, even though the actual ratio can vary greatly. Breath alcohol testing further assumes that the test is post-absorptive - that is, that the absorption of alcohol in the subject's body is complete. If the subject is still actively absorbing alcohol, his body has not reached a state of equilibrium where the concentration of alcohol is uniform throughout the body. Most forensic alcohol experts reject test results during this period as the amounts of alcohol in the breath will not accurately reflect a true concentration in the blood.

Understanding Truck Accidents

A truck is a motor vehicle for transporting goods. By definition, a large truck is any truck that weighs over 10,000 pounds, and crashes involving large trucks are more likely to result in serious personal injury and wrongful death because of their shear weight and large size.

By nature, trucks are massive and hard to maneuver, which can make for dangerous conditions while driving. Truck accidents take a huge toll on many aspects of human life, including financial hardship, physical injuries or death, and emotional devastation.

Trucking is the leading transporter of goods in this country and is expected to expand in the coming years. While expansion of commercial trucks is good news for the trucking companies and the nation’s economy, it is bad news for cars, vans, SUVs and pedestrians sharing the road with these potentially lethal giants.

Statistically, trucks are the most dangerous vehicles on the highways and roads today. As the number of trucks on the roads increase, more and more drivers are at risk. In fact, one out of nine deaths caused by accidents involves at least one truck. About 5,000 trucks are involved in fatal accidents every year. Approximately every 16 minutes a person is killed or injured in a truck accident. From 1992 to 2006, the number of large trucks involved in fatal crashes increased by 10% due to driver fatigue, unsafe vehicle operation, large unstable loads or defective equipment. 500,000 truck accidents occur every year in the U.S.

The unique danger posed by truck accidents can be made worse depending on the nature of the goods the truck is carrying. For instance, if hazardous or flammable materials are onboard, secondary injuries attributable to such dangerous cargo can result, including burns and respiratory injuries.

When truck accidents do occur, trucking companies involved in the accident often immediately send their representatives to the site of the accident. These agents attempt to handle everything at the accident site in an effort to mitigate their company’s liability. These company representatives know the ideal time to confront an accident victim is immediately following the event. Unfortunately, the victim and their families often struggle alone through the difficult after-effects of a truck accident. There are problems related to medical expenses, income loss, property damage, and emotional trauma. Victims and their families face difficult times getting adequate compensation from the insurance companies and truck companies.

We at SILER & INGBER, LLP stand with you in such difficult times. With our experienced truck accident attorneys, victims can have control and participate in ensuring their rights and interests are protected. Contact our New York personal injury lawyer Ronald Ingber for a free consultation at 1-877-529-4343

Federal Judge Declares Rental Car Immunity Unconstitutional.

In a landmark ruling, Jean Francois Huchon and Florida plaintiffs, United States District Judge K. Michael Moore has held that the federal rental car immunity statute, 49 U.S.C. § 30106, commonly known as the Graves Amendment, which purports to regulate vicarious tort liability of car rental companies, is an unconstitutional overreaching of Congress' power under the Commerce Clause. In his well-analyzed opinion, Judge Moore held that the Graves Amendment directly indicates an intention to pre-empt state law. The Court concluded that Congress exceeded the authority granted by the Commerce Clause because the statute regulates tort liability but does not directly regulate either channels of interstate commerce or the use of those channels; does not regulate the use of instrumentalities of interstate commerce; and does not substantially affect interstate commerce.

The Court found that there is no evidence that vicarious tort liability for car rental or leasing companies would undercut some larger federal regulatory scheme for the car rental industry. Nor is vicarious tort liability for car rental or leasing companies being used by states to control interstate commerce in rental cars. Nor has any argument been raised that the car rental or leasing industry requires protection, or is in the least bit of danger.

Jean Huchon was severely injured in February 2006 when the motorcycle he was riding was struck by the driver of an Alamo rental car in Marathon, Florida. Jean Huchon suffered closed head injury and cervical spine fractures due to the rental car driver's negligence. The personal injury action filed in the Circuit Court for Monroe County, Florida was removed to the United States District Court on diversity jurisdiction grounds. Alamo's parent, Vanguard Car Rental USA, Inc. filed an action for declaratory judgment claiming immunity from liability based on the Graves Amendment. The Court consolidated the underlying tort and declaratory judgment actions. The tort action is currently pending before Judge Moore and awaiting a trial date.

If you have any questions, please contact Ronald D. Ingber, a long island personal injury attorney located in Garden City, New York.

FIREFIGHTERS - Know Your Rights.

The fire service is under attack in New York State and most volunteer firemen don’t even know the problems exist! Siler & Ingber, LLP is here to explain not only the problem facing the fire service today, but the solution and how the rank and file firemen help.

For decades, both volunteer firemen and fire districts have been immune from general negligence suits. A fire district had been given protection from negligence suits in order to protect the tax payers from having to fund frivolous suits. All of this is now changing. Fire districts across Long Island are now faced with the prospect of being held responsible for a variety of accidents, including automobile accidents involving district owned vehicles. Volunteer firemen may be next, as their immunity is also in jeopardy.

The problem here is very simple. If a fire district is held in simple negligence for an accident involving district owned property, that means that the insurance premiums for the fire districts will increase dramatically. As you all know, the total budget of each fire district is never easy to increase and each dollar that is spent on insurance premiums is a dollar that is taken away from the general fund. Would you prefer to have money to spend on new equipment, new vehicles and training or would you rather it go towards an insurance company? The answer is simple, and we must all now act together to combat this problem.

The solution is that the fire service must band together, and sign petitions which will be forwarded onto our local legislatures and local state senators. We must demand that Albany respond to this attack on the fire service by changing General Municipal Law §205-b. This is the statute that is being used to hold fire districts responsible for accidents as they have never been held before. You can help: please sign a petition in your firehouse, and speak about this issue in your local community.

For more information, please contact Jeffrey Siler, Esq.

The DO'S and DON'TS in an Accident.

THE DO’S

DO seek proper medical attention before doing anything else.

DO summon the police, in appropriate cases.

DO cooperate with all law enforcement and emergency personnel who respond to the scene.

DO get the license plate numbers of all other vehicles involved in car accidents and the driver’s names, addresses, telephone numbers and insurance information.

DO get the names and address of the animal’s owner and any license information if you were injured by an animal bite or attack.

DO write down the names, addresses and phone numbers of all potential witnesses to any accident or injury.

DO contact your health, homeowner’s and/or automobile insurance companies, as appropriate.

DO take photographs of all of the following, as applicable, as soon as possible after the accident:

• The scene of the accident, from all angles.
• The surrounding area.
• The product or animal that caused your injuries.
• Your injuries.
• Any property damage.

DO contact an experienced personal injury lawyer.

THE DON’TS

DON’T move your vehicle after an automobile accident unless necessary for safety or required by law.

DON’T subject yourself to further injury by standing or waiting in an area near traffic or other safety hazards.

DON’T leave the scene of an accident until the police tell you it is okay to do so.

DON’T throw away any potential evidence in the case, such as defective products, important documents, or torn or blood stained clothing.

DON’T engage in discussions of fault with anyone, and make sure you don’t apologize for anything – doing so can be considered evidence that you may have been legally at fault.

DON’T agree to settlement terms without discussing the matter with your attorney.