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You may have come across accidents involving semi-trucks in the past where the truck and trailer appear to be going in separate directions. The truck or trailer may also be overturned, as is sometimes the case. This is a result of the Semi-Truck getting into a jackknife situation. Multiple things can cause this to happen, which we will discuss further below.

If you have been impacted by a jackknife accident and would like a strategy session with a trusted team of attorneys, contact our law firm today at (315) 500-6425.

What Causes a Semi-Truck To Jackknife?

There are multiple scenarios that can cause a semi to jackknife.

Speeding is one of the main causes of these accidents. Even empty trailers attached to semis are extensively heavier than average vehicles on the road. If the trailer is loaded down, this can add tons of weight, and if the truck needs to slow down abruptly, the trailer and truck sometimes slow down at different speeds, causing the trailer to push up towards the front or in a different direction than the truck itself.

If inclement weather is in the area, this can be the main cause of these accidents as well. Whether the driver is experienced or not, sometimes weather-related issues on the road can cause even the best drivers to end up in situations they wouldn’t normally be in. Several of the operators of semi-trucks travel long distances, crossing into and out of multiple weather systems, causing their risks to be higher.

Substantial training and rest are incredibly important for operators of these vehicles. Just as they are important to those of us driving average-sized vehicles, when operating something on a much bigger scale, reaction times are different and make preparation, training, and rest imperative for safety.

Brakes malfunctioning can also cause these instances to occur. Axles can lock up due to brake malfunction (this can also happen due to inclement weather), causing the trailer to move out of alignment with the truck and causing the truck to jackknife.

Can Improperly Loaded Cargo Cause a Truck Accident?

What the trailer is hauling is also important to safely operating a truck and avoiding a jackknife situation. If the weight is distributed improperly, a natural imbalance occurs and can cause the trailer to shift erratically. Similarly, if the cargo isn’t secured properly within the trailer and shifts while the truck is moving, this can end in the same result.

Why Do I Need Attorneys?

Chances are, if you are involved in one of these accidents, you have a long road to recovery, and it is important to have experienced representation from the beginning. Having a trained team to help you understand your rights and what to expect moving forward can be invaluable. Contact us today at (315) 500-6425 to learn more about your options and how to get started.

It is not uncommon in America to deal with debilitating disabilities, preventing you from working to provide for yourself or your family or causing you to live a life less fulfilled than you imagined. Social Security Disability Insurance or SSDI is in place to help people just like you. So, where do you start? There is a ton of information available to you, but below are 10 things we think are helpful when starting this process. At our law firm, we are happy to help to answer any further questions and assist you in this process. Call us today at (315) 500-6425.

What Are Some Helpful Tips To Know With SSDI?

First and foremost, you can and should apply for SSDI benefits as soon as you become disabled. There seems to be a myth regarding a waiting period to apply for benefits, and that is not the case.

It is likely that your application will be denied. Don’t be discouraged. It can actually be common, and you can appeal this decision in order to obtain benefits.

However, you can increase your chances of approval by being substantially prepared. You should have a thorough journal of the dates when your disability began, what happened, the process that you have gone through in an attempt to regain your life since your disability, and how the disability is affecting your day-to-day life.

While not required to have legal representation, it can greatly increase your chances of approval. There are specific rules in place, and it’s not uncommon to be denied on the first application. Lean on the collective experience of attorneys to streamline the process for you.

You will need to provide proof of your disability. Having paperwork documenting your medical visits and what your medical record state is going to be required, so having all this at hand when applying is crucial.

There are requirements surrounding your past/current work that must be met in order to be eligible for benefits. The duration of your recent employment and the quarters that you have worked will be factored in to determine if and what you are eligible for.

SSDI benefits are calculated based on your average earnings over a period of time. The SSA uses a formula based on your average earnings to establish your PIA or Primary Insurance Amount.

If you receive workmen’s compensation, public disability benefits, or income from a government pension, it may reduce your SSDI benefit.

You may be able to receive retroactive payments. Once approved, you may be able to request payment from the date of the disability and forward, and if eligible, you could receive these prior payments.

The average person qualifies for about $1,200 a month in benefits. This number can vary greatly, as each situation is different, but as an average number, you can expect an amount within this range.

We hope this helped you to gain some knowledge of the SSDI process. Our law firm is happy to help you with this process, streamline the steps for you and increase your chances of approval. Contact us at (315) 500-6425 regarding your specific case and how we can help.

Accidents happen. All too often, unfortunately. Construction sites are known for unfortunate accidents leading to injury and, at times, death. This goes for road construction, building, industrial or commercial constructions, etc. The risks involved in any of these sites throughout the US are prevalent. What is unique about parts of New York is that the “typical” construction sites are much more ambitious (think highrises, larger crews involved, tight schedules) and, therefore, riskier, than they are in other parts of the state and the country.

Have you found yourself in a situation due to an accident, and you would like to learn more about your rights and what you can expect?

We are here to help. Contact us at (315) 500-6425 to learn more about how we can help you with your specific case.

What are Some Common Types of Construction Accidents in New York?

Fall accidents are typically the most common construction accidents in the entire country, including New York. There are multiple safety measures in place to avoid this, and safety is incredibly important on any and all construction sites due to the risky nature of the work. According to the Occupational Safety and Health Administration, OSHA falls on construction sites are the most common cause of death in New York.

Falls can occur not only from tall surfaces (highrises, scaffolding, etc.) but also lower to the ground, such as off a large piece of equipment or into an unprotected hole or trench.

The second most common construction accident is being struck by an object. In some cases, this can lead to death as well. Equipment can malfunction, people can get caught between two large pieces of equipment and be crushed, loose materials can fall and strike the employee, and vehicles or heavy equipment on the site can run over employees as well without proper safety measures in place.

Electrocution is another leading cause of accidents and deaths on construction sites. Some sites have faulty wiring or wiring that is improperly grounded, leading to electrocution. Other causes are wet conditions or working too close to power lines without the proper safety precautions in place.

How Else Do Construction Accidents Happen in New York?

Scaffolding Injuries are another common cause of injuries and deaths on construction sites. Scaffolding can become damaged over time and malfunction, it can endure damage when moving from one job site to another, and it can be assembled improperly, making it unsafe. It can also become incredibly unsafe due to weather conditions. As the weather changes, the surface can become slippery and create another safety hazard.

Heavy equipment injuries are another main cause of accidents on the construction site. Having experienced operators trusted to run the equipment well and safety must be a priority, but with deadlines and, in some cases, insufficient training, things can go wrong quickly. Workers can be caught in between or below the heavy equipment, causing injury or death.

Why Do I Need an Attorney?

No matter the details that led to your accident, our team has years of vast experience in these cases. Let us help you understand your rights and what to expect moving forward. Contact us today at (315) 500-6425 to learn more about your options.

Are you over the age of 55 and struggling to continue to work at the level you used to prior to dealing with chronic illness or injury? There may be some options for you to consider in order to sustain your livelihood without continuing to work as hard as you are now. You may be eligible for Social Security Disability benefits, supplementing your income and allowing you to back off from the demands of a full workload. Even if you had applied before and were denied benefits, once over the age of 55, the likelihood of being awarded benefits greatly increases, and it can be very much worth your time to inquire.

Lean on the vast experience of the team at our law firm to help you understand your options and get a plan into place that you can rely on in the long term. Call us today at (315) 500-6425 to answer your questions regarding your specific situation.

What Are the Benefits Of Staying In the Workforce Longer?

If you are no longer able to work at the level you used to in your younger years due to illness or injury, then you may be thinking about early retirement. This is common as our bodies age and new issues arise or injuries are sustained due to the demands that are placed on them by working daily.

The problems that can arise with early retirement involve your social security benefits should you retire early. They are computed based on the years worked, and if you retire prior to your earliest eligibility age, you will receive less in payments each month for the rest of your life.

How Do I Know If I Qualify?

The SSA will look at several factors in determining eligibility for social security benefits. People over 50 are twice as likely to receive benefits as those in their 40s, and people in their 60s are twice as likely to receive benefits as those in their 50s. The severity and duration of your impairment are also reviewed, and typically if impairment occurs at this age, it is likely that it will remain or worsen with age, increasing the likelihood of eligibility.

If you are eligible for social security benefits due to chronic illness or injury, it can allow you to get the reprieve you need without penalizing you for the rest of your years in terms of what you can collect after retirement.

How Can a Lawyer Help?

At our law firm, we look forward to helping you understand the options available to you and getting you the benefits you deserve. You have worked hard, and we are prepared to work hard as well to help you to sustain your livelihood. We are happy to assist you with a free strategy session to discuss your specific eligibility questions and how we can best be of help to you. Contact us at (315) 500-6425 today to learn more and get the process started.

Some people will hesitate to even begin the process of an appeal due to how long they think it will take to resolve. If you or a loved one has been wrongfully convicted or needs to attempt to overturn a decision made by the courts, having an experienced team of attorneys to help you navigate this process can help to set your mind at ease. They can also help to streamline the process, thereby saving time and money when moving forward.

How Long Does An Appeal Process Take?

The length of time on a state level for an appeal can vary based on the specifics of the case and how straightforward it is but generally is about 12-24 months. Roughly six months of this is factored in for the amount of time you are waiting to hear back on your appeal. This amount of time can vary greatly depending on the current court’s schedules happening in your specific county, making the timing of the process difficult to narrow down.

What Does the Appellate Division Do?

The Appellate Division will issue a written decision stipulating how to proceed. They can either affirm the court’s judgment, resulting in no change. They can modify the judgment and specify what modifications they are making to the decision. They can overturn the original decision, allowing for the reversal of the charges in question. They can remit the case back to a lower court with specific instructions, and they can also dismiss the case. Dismissal is usually due to errors made during the appeals procedure and also another reason to have an experienced lawyer to rely on.

Passalacqua & Associates, LLC has many years of experience in helping clients through their appeals process, helping them to streamline it, and generally saving you time. Contact them at (315) 500-6425 for a free strategy session to learn more about how they can help you.

Why Do I Need a Lawyer?

The appeals process itself can feel like a second language to most. There are specific sets of rules involved for each level (state or federal), each county, and across several categories of charges obtained. If these specific rules aren’t followed appropriately, it can result in your appeal being denied altogether, or at the very least, making the process longer.

Having an experienced team by your side to help you from start to finish throughout this process can allow peace of mind, as well as save you time and money.

At our law firm, we have a team of trusted attorneys that have years of experience in helping clients with their appeals process. Contact us today at (315) 500-6425 to learn how we can help you, too.

Personal Injury Protection, or PIP insurance coverage, is required by law in New York and typically covers medical expenses. Being a no-fault state, like many other states, having this coverage allows accident victims to receive compensation for their injuries, regardless of who was at fault for the accident. This PIP coverage is generally an aspect of a comprehensive auto policy.

If you have been involved in an accident or want to learn more about PIP and what the requirements are in New York, contact us at (315) 500-6425.

What Is Covered Under PIP Insurance?

PIP covers three main areas: medical expenses, death benefits, and economic losses the victim incurs as a result of an accident. The minimum amount required by the state is $50,000, and many people increase this amount as they are then able to recover up to the larger amount should they find themselves in need of coverage after an accident. If the injuries you sustain are significant such as a broken back, for example, medical costs can far exceed $50,000, and therefore having coverage up to a higher amount can be beneficial to you.

PIP also covers passengers in the vehicle during an accident as well as the insured’s family members. If the driver themselves is uninjured, but the passenger is injured, they can file a claim against the driver’s PIP and be compensated for their injuries.

Are My Medical Bills Covered Under PIP Insurance?

Medical costs can include ambulance transportation, surgical and medical expenses, physical rehabilitation, x-rays and MRIs, and more. Economic costs/losses are also covered. If you are unable to work due to the injuries sustained in the accident, PIP insurance can cover lost wages up to a certain point, so you are able to remain financially stable during your recovery. Lost wages can be covered for up to three years, as a certain percentage of your income, up to your policy’s limit. Death benefits are also covered by PIP, meaning the surviving members of the family (should a car accident result in your death) can be compensated to cover funeral expenses and burial costs.

Why Do I Need to Hire Injury Attorneys?

Having an experienced team on your side from the beginning stages post-accident is prudent in preserving your rights and obtaining compensation for you or your family. Beginning this process is timely, as there are guidelines in place that must be followed in order to ensure you can obtain accurate compensation. At our law firm, we have many years of combined experience in accident cases, and we can help to make sure you receive the compensation you deserve and can get back to your life. Contact us today at (315) 500-6425 to learn more about your options and how to get started.

Accidents happen all too often, but the process following them doesn’t have to be as time-consuming or headache-inducing as you may think. Following a few steps right after the accident can help you in obtaining compensation, if necessary, and get you back to your life. Operating a leased vehicle during an accident poses a few more steps that you should consider to help alleviate stress in the future. Obtaining your police report is an important step, as you can use this to file a claim for your PIP coverage. Next would be contacting the leasing company to notify them of the accident. They may request a copy of your police report, so obtaining this first can help in this regard as well.

If you have been involved in an accident in New York and want a trusted team on your side to help walk you through this process, contact us at (315) 500-6425. Having experienced attorneys from the beginning to help you discuss the events with your leasing company, obtain compensation, and more can be invaluable to you during an already stressful time. We look forward to your call.

What Can I Expect From The Leasing Company?

Contact the leasing company or dealership and notify them of the accident. They will have guidelines in place as to what they require based on your lease terms and can communicate these items to you. Being the leasing company owns the vehicle, rather than you, they have rights to how the vehicle is repaired and other regulations in place regarding their vehicle.

In almost all cases with a lease, upon the end date of the lease, your vehicle will need to be inspected for damages/repairs, and you could incur costs to fix these items. Having an accident reported quickly and following their regulations or wishes as to how to repair the vehicle from the start can alleviate possible extra fees incurred upon the end of your lease should you choose to repair the vehicle yourself and it doesn’t meet their inspection requirements.

What Is Gap Insurance?

Gap insurance is a type of automobile insurance that covers the “gap” between the amount your insurance company pays for your car and what you still owe on your loan or lease. For example, if you have a car that’s worth $10,000 but you still owe $15,000 on your loan, your gap insurance would cover the $5,000 difference.

Some leases also require Gap Insurance, which can be important should the leased vehicle be totaled out. This can mean the difference between you being responsible for the remainder of the costs beyond the fair market value of the totaled vehicle or the insurance company.

Why Do I Need a Lawyer?

Some people prefer to manage these situations on their own, and that is ok. Generally speaking, accidents themselves can create unnecessary stresses whether you have sustained injuries or not if you are unprepared for the process.

We have many years of combined experience in accident cases. Our experience allows us to help you prepare for the steps ahead, including negotiating with the lease company, obtaining compensation for your injuries, and more. Contact us today at (315) 500-6425 to get started.

If you have been in an accident, it is an unfortunate situation that many others just like you have experienced. You can help to make sure you can obtain what is deserved by having a few key pieces of information in place. One of these is the police report regarding your accident to use as proof in filing a claim and utilizing your PIP coverage. This is beneficial in beginning the process to make sure you can receive compensation for injuries sustained and missed wages and also make sure your family or others in the vehicle can receive adequate compensation as well.

If you have been involved in an accident in New York and want to learn more about your next steps and options, contact us at (315) 500-6425. We are a team of trusted attorneys who have years of combined experience in helping people just like you.

How Do I Obtain My Police Report?

There are a couple of ways in which to obtain your police report after an accident. One of the easiest ways is to request a copy online through the NYPD website. This can be emailed or mailed to you. There may be fees involved when going this route. Many people prefer to request their report in person, as this means fees are waived. If you prefer this option, inquire which precinct you need to visit based on where the accident took place (you can call the precinct and confirm based on the location/intersections prior to your arrival), and your report can be printed for you. This also alleviates waiting for it to arrive or the potential to get lost in the mail. Filing claims are timely in order to ensure you are able to receive the compensation you deserve, so having the report in hand in the earlier stages is important.

Why Do I Need Attorneys?

Navigating the steps after an accident can feel daunting, even if no injuries were sustained during the incident. Accomplishing these steps on top of possible injuries you have sustained, schedules shifting due to medical care you may need to receive, missed work, and more can take additional time that you may not have to complete the tasks and obtain compensation.

Is It Worth Hiring a Lawyer?

Having a trusted team by your side to help streamline the process right from the beginning can save you time and, in some cases, money, by getting it right the first time. At our law firm, we have many years of combined experience in accident cases, and we can help to make sure you receive the compensation you deserve and can get back to your life. Contact us today at (315) 500-6425 to learn more about your options and how to get started.

In short, the answer is no. There are several factors to consider when answering this question, however. Have you or a loved one been involved in an accident in a crosswalk? Are you wanting to clarify your rights and obtain justice for yourself or a loved one? As straightforward as this question may seem, there are several facts to consider in determining whether or not you or the driver had the right of way. In some cases, while you are looking to get your questions answered, you may be out of work with medical bills piling up as a result of your injuries. Having a trusted team of attorneys at your side to help you navigate this process can help you to obtain the justice and stress relief you deserve.

We are here to help. Contact us at (315) 500-6425 to learn more about what your options are and discuss how to get started.

What are the Rules or Laws Regarding Crosswalks?

Generally speaking, pedestrians have the right of way in crosswalks and intersections, whether marked or unmarked. Drivers should allow the pedestrian to cross before driving through the intersection, as well as when that driver is pulling out into a street, leaving a parking space/structure, and the like.

Pedestrians are expected to follow the rules of the “walk” or “don’t walk” signals, where applicable. These are not only set up for safety but are to be treated similarly to stoplights and are taken into consideration in right-of-way cases.

If there is a sidewalk provided, pedestrians are expected to use it. In the absence of a sidewalk, pedestrians can walk on the shoulder facing traffic as it makes them more visible to oncoming traffic and helps themselves and drivers maintain safety.

Pedestrians are not allowed in areas such as highways, expressways, interstates, etc. They are also not allowed on entrance ramps or exit ramps.

Who Has the Right of Way at a Traffic Light?

At stoplights where the “walk” signal is available, pedestrians should utilize this time to cross. In cases where the green light and the “walk” signal happen simultaneously, the driver should yield to the pedestrian when turning left or right, as pedestrians have the right of way even if the light is green.

There are several other exceptions, including those set in place for blind or visually impaired persons in crosswalks, pedestrians crossing at intersections not clearly marked, pedestrians that are soliciting rides or business, when traffic signals aren’t in working order in crosswalks, and more.

How Can a Lawyer Help Me?

There is not an easy or black-and-white answer to whether or not pedestrians always have the right of way in New York. As you can see, there are several factors at hand, and the specifics of your case will determine what options you have. Contact us today at (315) 500-6425 to learn more about your options and how we are able to help.

Generally speaking, your Social Security benefits, whether they be SSDI or SSI, cannot be garnished by typical creditors. However, this does not include instances where you are ordered to pay child support, restitution, or alimony. In most cases, you have the option to file for a modification based on your eligibility for SSI or SSDI if that has reduced your overall income and your ability to sufficiently pay child support.

Our team is comprised of trusted and experienced lawyers that have helped multiple people just like you to understand and protect their rights. Call us today at (315) 500-6425 to answer your questions regarding SSI and how it affects child support.

What Are My Options?

There are a couple of aspects to consider if you are newly disabled and receiving SSI. You and the child’s other parent can attempt communication to resolve this matter, whether that be through mediation or personally. You may be able to come to an agreement that lowers the child support owed so that it doesn’t have such a profound effect on your new level of income. Some parents find it beneficial to offer non-monetary compensation, such as additional childcare if they are able to, in place of financial requirements. Providing ample documentation regarding your disability and the changes that have occurred in your life due to this can be beneficial to the negotiations as well.

How Do Modifications Work for Child Support?

In the event that communication with the other parent isn’t providing a positive result, you can file for a modification to your child support payments in the likely event that your income has been reduced based on your disability. Generally speaking, if the reduction in your income reflects 15% or more than it was prior to the disability, you have a good chance of receiving a reduction in the child support that you are ordered. This can allow you to sustain your livelihood while still fulfilling your requirements in the eyes of the courts.

Is Hiring a Lawyer Worth It?

Both parties are entitled to an attorney in these cases, and relying on a knowledgeable attorney can not only ease your mind but make sure the process is handled appropriately and justly.

We have multiple years of experience in dealing with these cases and understand how important these matters are to you and your family. We are happy to assist you with a free strategy session to discuss your specific details and how we can best be of help to you. Contact us at (315) 500-6425 today to learn more and get the process started.