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East Aurora New York Legal Blog

How to spot an aggressive driver

New York is notorious for having angry and inpatient drivers. The truth is, more than 80% of drivers across the country admit to having road rage at some point during the last year, according to AAA. Road rage is rather common, as it is easy to become infuriated with another driver that is going too slow in front of you or who cut you off. You may be stuck in traffic while on your way to an important meeting and engage in dangerous driving behaviors in an attempt to get where you are going more quickly. It is critical that you are aware of the signs of aggressive driving so you do not engage in these behaviors and so you can report other drivers who are as they can endanger the lives of others. 

According to the National HIghway Traffic Safety Administration, more than 56% of fatal motor vehicle accidents involved road rage driving behaviors. These include the following:

How a car crash can give you catastrophic burns

At Hall Ricketts Schuller & Gurbacki PC in New York, we spend a good deal of time representing clients who have suffered catastrophic injuries as the result of a car accident. We therefore know that one such injury you could sustain is that of a catastrophic burn.

The American Burn Association sets out the following four burn types you most likely will suffer during a fiery car crash

  1. Thermal burns resulting from your skin coming into contact with the fire’s flames themselves or with an exceedingly hot interior surface of your car
  2. Scald burns resulting from your skin coming into contact with an exceedingly hot liquid such as coffee, gasoline, etc.
  3. Electrical burns resulting from your skin coming into contact with such things as one of your car’s electrical wires or a low-hanging power line
  4. Chemical burns resulting from your skin coming into contact with a caustic substance such as your car’s antifreeze, steering fluid, transmission fluid, etc.

What happens to your assets if you do not have an estate plan?

Many people feel comfortable leaving important decisions up to others. You, and many other New York residents, may feel that your loved ones are capable enough to handle your final affairs after your passing without you having to create an estate plan. Though you may have trust in their abilities, you may need to remember that your family will likely not have the final say in what happens to your estate if you do not have a plan.

Dying without an estate plan is known as dying intestate. When this happens, rather than your loved ones having the ability to follow your instructions on how to handle certain affairs, the court and state law will determine what happens to your estate. As a result, your loved ones may be at a loss.

Do I have to give my spouse half of everything?

New York law does not require that you split all of your assets in half with your spouse when you get a divorce. In fact, there are only a few states that abide by 50/50 rules. Even in these jurisdictions, your split would probably not be a simple half and half due to other legal concerns.

instead of equal, the New York property division laws are based on the theory of equitable division. That means that the value of what you receive must equate to the value of what your spouse receives, often based on your own individual contributions to the asset in question.

Can vertigo cause you to fail a sobriety test?

As someone with vertigo may tell you, it feels like the world is spinning around them and walking properly can be a bit of a chore. Unfortunately, people who have issues keeping their balance may run into problems if they are pulled over by a New York police officer on suspicion of a DUI and asked to perform a field sobriety test. For a variety of reasons, vertigo can cause a person to “fail” a sobriety test.

WebMD explains that people who suffer from vertigo find it a challenge to keep a proper balance. If you suffer from vertigo, you may feel like gravity is pulling you from your left or right. When you walk, you may tilt or sway. Your vertigo may also be accompanied by sensations of nausea, sweating, or a ringing in the ears. Some sufferers vomit and also experience headaches.

Crash into building results in charges for New York driver

Citizens of New York may believe they are safe from car accidents while inside a building. A bizarre incident that occurred approximately a week ago in Brooklyn demonstrates that this is not always the case. Late Monday evening, as recorded on surveillance video, a car crashed into a building on a street corner, causing partial building collapse.

The driver is a young man who recently turned 20. He reportedly tried to run from the scene in spite of an injury sustained in the crash until Jewish community watch group members in the neighborhood caught him.

How can I create a solid prenuptial agreement?

No one wants to imagine their marriage will end in divorce. Unfortunately, this is a very real possibility for couples in New York, and it's important to ensure your assets remain protected when you enter into a union. CNBC explains the value of prenuptial agreements and how to ensure your document offers the greatest level of protection possible. 

When talking about a prenup with your soon-to-be-spouse, it's best to get the ball rolling early. It's best to have the document written at least six months before the marriage so you can rest assured that it meets all your needs. Waiting too long might impact the strength of the document, but it may also be tough to implement so soon before the marriage. For instance, if your spouse refuses to sign just days before you're due to get married, chances are you'll move forward without an agreement in place. 

Where to begin when discussing child custody

Other people make it sound so easy -- creating a parenting plan. If you received this advice, you may feel overwhelmed and find yourself wondering where to start. You and your future former spouse already agreed to come to an agreement on your own in order to tailor it to your family's needs.

Even so, you know that the court still has to approve your final product. You don't want to have to go back to the proverbial drawing board, so you need to start by understanding what a New York court looks for when reviewing your parenting plan.

New York driver and passenger face DWAI, drug charges

Sometimes a traffic stop can lead to additional charges. A driver and his passenger from Peekskill, New York, are now facing both impaired driving and drug charges in Putnam County after a traffic stop about a week ago revealed that the 31-year-old male driver was allegedly operating the vehicle without a license and the 30-year-old female passenger was allegedly in possession of PCP. 

To further complicate the matter, the driver has reportedly had two prior convictions for driving with ability impairment within the last 10 years and had his license revoked as a result. This being his third similar offense, authorities charged him with a felony count of DWAI. He also faces a felony charge of first-degree aggravated unlicensed operation of a motor vehicle. His passenger faces a Class A misdemeanor charge of criminal possession of a controlled substance in the seventh degree. 

Examining the dangers of drowsy driving

According to the Centers for Disease Control and Prevention, one out of every 25 adult drivers polled for one survey reported falling asleep at the wheel in the preceding 30 days. The danger of falling asleep while driving is somewhat obvious, but people in New York may not know that it is also hazardous to get behind the wheel when they are overly fatigued or tired.

Driving while sleepy or fatigued is a dangerous combination. This is because drowsiness may slow people’s reaction to situations that occur on the road. It also impairs their decision-making and their ability to focus on the road and the task of driving.

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Hall, Ricketts, Schuller & Gurbacki, P.C.
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East Aurora, NY 14052

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