Black, Lyle & Habberfield, LLPBlack, Lyle & Habberfield, LLP2026-10-19T17:46:47Zhttps://www.blhfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1402174/2020/02/cropped-favicon-min-32x32.pngOn Behalf of Black, Lyle & Habberfield, LLP<![CDATA[Should dogs be secured in cars?]]>https://www.blhfirm.com/?p=503372026-10-19T17:46:47Z2026-10-19T17:46:47ZMany people like to have their dog with them when they drive. Others need to take their dogs in their vehicles, perhaps to the vet, or because they cannot leave them at home when they travel.
While New York law does not require dogs traveling in vehicles to be harnessed, that does not mean it’s a good idea to have an unrestrained pet in a car. That can be dangerous for the dog, everyone in the vehicle and other road users.
Distracting to drivers
Pets demand their owners’ attention, and they aren’t concerned with what else the owner may be doing – even driving. Many pet owners may find it difficult to keep their hands off their dogs and their minds on the road when their pet is with them.Another form of distraction could come from outside. The dog may be sitting quietly in the car when it notices a cat on the sidewalk and suddenly starts leaping around the vehicle to try and get out and follow its instinct to chase the cat. Even if the dog does not jump in front of the driver, a bouncing, barking dog can shift a driver’s attention away from the road.
A heavy flying object
If a driver has to brake suddenly (or is hit by another vehicle), an unsecured dog could be thrown across the vehicle. However light the dog is, it could still cause significant injury to anyone in the car if thrown against them. It will likely also suffer far more serious injuries itself than if it were secured – which is, after all, the reason humans are required to wear seat belts.Crashes can become even more emotional and expensive when a pet is involved. Experienced legal guidance can help all parties understand their rights and obligations after a wreck, as well as pursue fair compensation. ]]>On Behalf of Black, Lyle & Habberfield, LLP<![CDATA[Three tips to avoid debris on the road]]>https://www.blhfirm.com/?p=503352026-10-14T17:02:46Z2026-10-14T17:02:46Z debris poses a serious threat to drivers everywhere. Whether it is fallen cargo from an improperly secured truck load or unexpected objects in your path, knowing how to avoid these hazards can prevent accidents and save lives. The following tips will help you recognize warning signs and take appropriate action when faced with road debris.
Tip #1: Know how to spot improperly secured load
Being able to identify a truck with an unsafe load before debris falls can give you time to react. There are several telltale signs that indicate a driver may not have properly secured their truck's cargo. Watch for loads that appear uneven or stacked haphazardly in the truck bed. Loose tarps that are flapping in the wind often signal that items underneath are not adequately tied down. You should also be alert for cargo that extends beyond the truck's boundaries without proper flags or markings.Pay attention to items that appear to be shifting or moving as the truck travels down the road. If you notice gaps in the securing straps or can see that the owner used bungee cords instead of proper tie-downs, these are red flags. Additionally, trucks carrying loads that seem to bounce excessively over bumps may not have their cargo properly secured to the vehicle bed.
Tip #2: Know how to respond to an improperly secured load
Once you have identified a truck with a potentially dangerous load, your priority should be safety. First, increase your following distance to give yourself more reaction time if something falls from the vehicle. Never attempt to drive alongside the truck for an extended period, as debris can fall from the sides as well as the rear. If you must pass the truck, do so quickly and safely, ensuring you have plenty of room and clear visibility.
Tip #3: Know what to do when you see debris in the road
When you encounter debris in the roadway, assess the situation quickly and take the following steps:
If possible, safely change lanes to avoid the debris
If changing lanes is not possible and you have enough room, reduce your speed gradually without slamming on your brakes
Maintain a firm grip on the steering wheel and avoid swerving suddenly, which could cause you to lose control
These actions help mitigate the risk of a serious car crash. Never exit your vehicle to remove debris from an active roadway, as this puts you at extreme risk of being struck by oncoming traffic. Instead, contact the appropriate authorities and let trained professionals handle the removal. If the debris has caused damage to your vehicle, move to a safe location and document the scene with photographs if possible.
Staying safe on the road
Road debris and improperly secured loads are preventable hazards that can cause serious accidents and injuries. By learning to recognize the warning signs of unsafe cargo, knowing how to respond when you spot a dangerous situation and understanding the proper protocol when debris appears in your path, you become a safer and more prepared driver. Always prioritize your safety and the safety of others by maintaining awareness of your surroundings and reporting hazards to the proper authorities. Your vigilance could prevent a serious accident and protect everyone who shares the road.]]>On Behalf of Black, Lyle & Habberfield, LLP<![CDATA[Why are speed limits so important?]]>https://www.blhfirm.com/?p=503332026-10-05T22:03:37Z2026-10-05T22:03:37ZIt’s not uncommon for a lot of drivers to ignore speed limits, especially in familiar areas. They may feel comfortable going 5 miles per hour over the speed limit on the road they take to work, for example – or they may glide through their own neighborhood a little faster than the posted limit.
Unfortunately, the cavalier attitude that many drivers take toward speed limits can be a massive safety issue.
Higher speeds increase the danger
What these drivers may not have thought through is why speed limits have been established in the first place. There are two main reasons behind speeds being restricted on roads:1. The ability to react: Faster speeds mean less time to decide on a response to something up ahead and longer stopping distances if braking is required. So higher speeds make crashes more likely.2. The force carried into a collision:The force of a crash depends not just on the mass of the vehicle -- a truck will carry more force than a family car – but also on the speed the vehicle(s) are traveling at. So a driver who hits someone at 50 mph will do so with more force than if they hit them while doing 20 mph. Put simply, slowing down can save lives, which is why you see lower limits in urban areas, and even lower ones outside schools. As you can see, speed limits are there for good reason, and whether a driver agrees with them or not, they are obligated to abide by them. Anyone injured by a speeding driver may want legal guidance as to how best to highlight that excess speed to strengthen their claim for compensation. ]]>On Behalf of Black, Lyle & Habberfield, LLP<![CDATA[What kinds of evidence can help a car crash claim?]]>https://www.blhfirm.com/?p=502062026-09-21T22:03:44Z2026-09-21T22:03:44ZCar crash claims are often hotly contested by the other motorist's insurer. Even though they may know their client was at fault, insurance companies are typically more interested in protecting their bottom line and boosting shareholder profits than in paying out the just compensation they should.
Evidence can therefore become critical in proving the other driver’s negligence and culpability for the accident and the injuries you suffered. The following sorts of evidence can be of major value.
Photos and video
While it is possible to manipulate photos and video to show a false version of events, they are generally considered reliable by a court. If you can find footage of the other driver jumping through the red light before hitting you, a court is likely to believe that is what happened.You can request footage from traffic cameras or private cameras nearby, or possibly get it from dashcams that you or another driver has. You can also use your phone to document the scene immediately after, focusing on road conditions, vehicle positions and damage to people and vehicles.
Witness statements
Collecting contact details of anyone who witnessed the accident is often easier at the time than later. Statements given sooner after the crash may also be viewed as more accurate than those gained later, when the memories may have faded or distorted.
Police crash reports
If the police attend the scene, they should make a report of what they find. Their position gives their findings an air of authority which may help you convince the insurer to pay up, or if they refuse, to convince the court to award you a suitable settlement.An experienced legal team can help you determine what evidence is out there and how to access and present it, giving you the best chance of a successful injury claim.]]>On Behalf of Black, Lyle & Habberfield, LLP<![CDATA[What should you do if someone is tailgating you?]]>https://www.blhfirm.com/?p=502032026-09-08T22:49:02Z2026-09-08T22:49:02ZLooking in your rear view mirror to see a driver riding overly close to your rear fender can feel unnerving as well as annoying. While you are doing your best to drive safely, the driver behind is putting you in danger by not keeping an assured clear distance.
Knowing how best to react can help you to reduce the threat their poor driving poses to you.
Try to let them pass when it is safe
While you cannot make the other driver pass you, you can make it easier for them to do so. In some cases this could mean pulling over into the next lane, while in others it might mean squeezing over to the side of a single lane. If neither is an option, you might even want to consider taking a turn off the road into a gas station or similar. Do be careful if you feel their tailgating is intentional, though, as stopping could put you in even more danger if they were to follow and confront you.
Don’t try to tell them to give you more space
Even a polite attempt to tell the following driver to back off a bit could go wrong if they misinterpret it and react aggressively. A less polite attempt, such as gesturing at them or suddenly hitting your brakes, could seriously escalate the situation. Brake checking is also illegal as it is highly dangerous.Drivers follow too closely for all sorts of reasons, so there is little point in second guessing why someone is doing it to you. It’s better to just try and let them pass with the minimum of fuss so you can continue your journey in safety. If they do crash into you, seek experienced legal guidance to learn how to hold them responsible.]]>On Behalf of Black, Lyle & Habberfield, LLP<![CDATA[3 reasons car accidents increase when school starts]]>https://www.blhfirm.com/?p=501992026-08-25T01:42:20Z2026-08-25T01:42:20ZThe return of children to school after the summer break can be a dangerous time on the roads. Drivers and pedestrians alike may have gotten used to a different pattern of traffic over the last few months, and it can take some time to adapt to the school day routine again.
Here are a few of the factors that can make accidents more likely:
Drivers don’t realize the speed limit is lower
Some roads have speed limits that are lower during school times. So a driver might have been passing by at 30 mph all summer, and fail to realize that school is back in and the “school zone” speed limit now applies. That excess of speed can make all the difference when there are more people using that stretch of road.
Kids don’t realize they need to be more cautious
Your child may have spent weeks playing out on the street with their friends, riding their bicycle or playing ball games next to the road. If they relaxed their guard due to a low volume of traffic, they might be unprepared when traffic increases. They might run into the road to fetch a ball without looking for traffic simply because there haven’t been any cars the last fifty times they did the same.
The stress can leave drivers distracted and in a rush
Allowing your child to get up, get dressed and eat breakfast in their own time is a luxury many parents relish over the summer. That disappears as soon as classes start again, and you may have to take charge to make it all happen on time. It can leave kids and parents stressed and running late, and that can make for less attention being paid to the road when driving.If you or your child are injured in a collision, it’s wise to learn how best to pursue the compensation you may need.]]>On Behalf of Black, Lyle & Habberfield, LLP<![CDATA[What is the deadline to file an injury claim after a car crash?]]>https://www.blhfirm.com/?p=501952026-08-10T14:44:28Z2026-08-13T14:42:48ZUnderstanding the statute of limitations
New York generally gives you three years to file a personal injury lawsuit after a car accident. This period applies to most personal injury lawsuits arising from injuries caused by the crash. New York courts also list three years as the general time limit for car accident and other negligence-based personal injury cases.
The three-year period generally begins on the date of the accident. If you wait too long to bring a lawsuit, the court may dismiss the case as time-barred. Once the applicable limitations period expires, you may lose the ability to pursue the claim in court.
Other exceptions can affect the filing deadline in specific situations. For example, different rules may apply when the injured person is a minor. New York law contains special provisions that can extend the limitations period for people who were under a legal disability when the claim arose. Because these exceptions depend on the facts, you may want to determine which deadline applies to your situation.
Different deadlines for different claims
Not all car accident claims follow the same timeline. Claims against a government entity can involve much shorter notice requirements. For many claims against a municipality, you generally must serve a notice of claim within 90 days after the claim arises. You may need to satisfy this requirement before bringing a lawsuit.
Claims involving New York State can follow different procedures. For certain personal injury claims caused by the negligence of a state employee, the Court of Claims Act generally requires the claim or a notice of intention to be served within 90 days. Different deadlines can apply after you serve a notice of intention.
Wrongful death actions also have a different timeline. In general, a wrongful death action must be commenced within two years of the person's death. This differs from a standard personal injury lawsuit, which generally must be filed within three years of the date the accident occurred. If the person dies immediately, those dates are the same. If the person dies later from crash-related injuries, the wrongful death period generally runs from the date of death.
No-fault insurance claim deadlines
New York has a no-fault auto insurance system. It generally provides first-party benefits for certain economic losses after a covered motor vehicle accident. A no-fault claim is separate from a potential lawsuit against the person who caused the crash.
You generally have 30 days from the date of a crash to provide written notice of your injury to the applicable no-fault insurer. The notice should include information that identifies the injured person and describes the time, place and circumstances of the accident. An exception may apply when you provide a clear and reasonable justification for late notice.
You may also need to submit claim forms, medical bills and other documentation within specific timeframes. Check your policy and insurer's requirements and keep copies of the documents you submit.
Protecting your interests after a car accident
Several deadlines may apply after a car accident in New York. A three-year period generally applies to personal injury lawsuits, while government claims and no-fault benefits can involve shorter notice requirements. Wrongful death actions have their own time limit.
After a crash, consider keeping copies of medical records, insurance correspondence and other documents related to your injuries. Tracking each applicable deadline can help you avoid missing an important notice or filing requirement. If you are unsure which deadline applies to your situation, consider seeking guidance about the specific facts of your claim.]]>On Behalf of Black, Lyle & Habberfield, LLP<![CDATA[Bedsores and neglect: When is a nursing home responsible?]]>https://www.blhfirm.com/?p=501972026-08-11T02:22:52Z2026-08-11T02:22:52ZNursing homes provide an invaluable service for people who require skilled care around the clock. Because of the love and dedication provided by the staff, family members can have peace of mind knowing their loved ones' needs will be met.
So when a resident develops a bedsore, their family may wonder how it happened and whether the facility could have prevented it. Not every bedsore is the result of neglect. However, when nursing homes fail to provide adequate appropriate care and a resident suffers harm as a result, the nursing home may face legal liability.
What causes bedsores?
Bedsores typically develop on people with limited mobility who spend most of their time in bed or a wheelchair. Continued pressure, especially on bony areas such as tailbones, hips, heels, elbows and shoulders, eventually causes ulcers to develop. They can be painful, difficult to treat and, in severe cases,lead to serious infections and other complications.A bedsore doesn't automatically mean the nursing home was negligent. Some residents are more vulnerable and may develop pressure ulcers despite staff intervention.However, neglect may be a concern when a facility fails to take preventative measures, such as:
Regularly repositioning a resident who can't move independently
Monitoring a resident's skin for early signs of pressure ulcers
Ignoring redness, swelling or other changes in the skin
Providing appropriate mattresses, cushions or other pressure-relieving equipment
Keeping a resident's skin clean and dry
Providing adequate nutrition and fluids
Following the resident's personalized care plan
Obtaining appropriate medical treatment after a pressure ulcer develops
Properly documenting or communicating a resident's change in condition
In some cases, the problem may extend beyond a single employee. Inadequate staffing, poor training, ineffective supervision or failures in the facility's policies and procedures may also contribute to the neglect.If you believe your loved one's bedsore may be theresult of neglect, it's crucial to take immediate action. First, ensure they receive the appropriate medical attention. Next, speak with someone who can review your situation and discuss potential legal action. A prompt response can help protect your loved one's health and rights.]]>On Behalf of Black, Lyle & Habberfield, LLP<![CDATA[Why you should not actually run from a dangerous dog]]>https://www.blhfirm.com/?p=501932026-07-24T11:15:20Z2026-07-24T11:15:20ZFor many people, if a dog seems dangerous or likely to bite, their instincts tell them to run. And if you notice a dangerous dog in advance, it can be best to keep your distance or avoid it. But once the confrontation has begun, running is often counterproductive.
Part of the issue here is that many dogs experience prey drive, which means that they want to chase. It is part of their instincts. If they see you running away, they want to pursue you, and they view you as prey.For this reason, it is often best to stop and remain still. Rather than giving the dog a reason to chase or act aggressively, you want to act calmly. A dog will sometimes bark or snarl and act like it is going to attack, but if you remain calm and slowly move away, the attack may never occur.
Key tips that may help
If you are facing a dangerous dog, it is often best to keep your arms close to your body. Do not try to strike the dog or grab it, or you may be bitten.It can also help to turn sideways, giving yourself a smaller profile. You want to look as small and unthreatening as you can. Avoid making direct eye contact, but do not turn your back on the dog entirely.If possible, try to slowly remove yourself from danger. Begin taking slow steps away from the dog and try to put something between you and the animal, such as a car parked on the street. Remember that dogs are often territorial, so if the dog sees you retreat, it may be less likely to bite.
Seeking compensation for injuries
Even if you are able to suppress your instincts and respond appropriately, you could still suffer serious injuries in a dog attack. If you do, you need to know how to seek compensation from the dog’s owner.
]]>On Behalf of Black, Lyle & Habberfield, LLP<![CDATA[What if a driver swerves to avoid an animal and hits you?]]>https://www.blhfirm.com/?p=501912026-07-16T14:34:08Z2026-07-16T14:34:08ZWhy these crashes become more complicated
No two animal-related crashes happen under the same circumstances. A motorist might react purely on instinct, but other details often influence what happens next. Traffic conditions, vehicle speed, visibility and the time available to react can affect whether the driver's response was reasonable.
As a result, deciding fault means looking at every single detail. Insurance companies do not simply blame the wildlife for causing the crash, especially when another person suffers injuries.
How insurers and courts determine fault
Drivers do not automatically escape liability just because an animal ran into the lane. Likewise, swerving to avoid an animal does not automatically make a motorist responsible for everything that follows either.
Insurance companies evaluate whether the driver acted reasonably under sudden pressure. They might also consider whether speeding, distracted driving, following too closely or unsafe road conditions contributed to the accident before deciding fault. That review can affect whether an injured person may be able to pursue compensation for their losses.
Legal options after the crash
Getting hit because of another driver's sudden maneuver often leads to severe injuries, significant medical expenses and lost income. Fault disputes might take time to resolve, but knowing how responsibility is evaluated can help you better understand what to expect as your claim moves forward.
If another motorist's split-second reaction caused the crash, talking to an attorney can clarify how New York law applies to your particular situation and what options might be available]]>