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Highly Preventable Car Crash Injures Two

A driver who apparently lost consciousness in Cicero crossed over to the other side of the road and smashed into an SUV.
The wreck took place near the intersection of Lake Shore Road Spur and County Route 31. According to witnesses and the Onodaga County Sheriff’s Office, 66-year-old Jack Adamo was behind the wheel of a Hyundai Sonata, when his vehicle began drifting towards the right. After nearly hitting a pedestrian, the Sonata hit a Chevrolet SUV, driven by 52-year-old Deborah Wallace, of Cato, before finally coming to rest against a pole.
Both Mr. Adamo, who was in a semi-conscious state, and Ms. Wallace, whose hand was injured, were transported to a local hospital.

Car Crash Injuries

An injured hand is a very good example of an injury that is legally defined as “serious” but may not seem all that bad, even to the victim.

  • Lacerations nearly always leave scars, and disfigurement in a visible area is a serious injury under Article 51 of the Insurance Law.
  • An injured hand will generally lose some or all of its function for several weeks, and the victim must normally attend physical therapy sessions and doctor’s appointments. All these events may qualify as disruptive under the 90/180 rule.

In serious injury cases, victims are entitled to compensation for both their economic damages, like property damage, and noneconomic damages, like loss of enjoyment in life. Punitive damages may also be available, especially if the tortfeasor (negligent driver) recklessly put other lives at risk by knowingly violating a medical license restriction.

Medical Issue

Medical providers have a legal obligation to report loss of consciousness while driving, or other conditions that may affect the ability to control a motor vehicle, to state authorities, who may then take action against the person’s drivers’ license. The DMV’s normal practice is to allow these people to keep their drivers’ licenses, but impose restrictions. Some of the codes and restrictions include:

  • Corrective Lenses (B): The driver must wear currently prescribed eyeglasses or contacts at all times.
  • Automatic Trans (E): The operator must always be driving a car that has an automatic transmission.
  • Daylight Driving Only (G): The driver can only be on the road between one-half hour after sunrise and one-half hour before sunset.
  • No Limited Access Roads (5): The operator cannot drive on freeways or other roads that have on- and off-ramps.

Violation of a restriction is clear evidence of negligence, and may even be a presumption of negligence, in some cases.
Thousands of drivers routinely violate the medical restrictions on their drivers’ licenses. For a free consultation with experienced personal injury attorneys in New York, contact our office. An attorney can arrange ongoing medical care for victims, even if they have no money and no insurance.

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