Protecting Your Rights After a Motorcycle Accident

If you are involved in a motorcycle accident, it is normal to feel anxious, frightened, and even relieved if you were not seriously injured. Understandably, you may not be able to think clearly immediately following the incident or even a few hours to days after. However, time is not on your side after an accident and you must act quickly to preserve your rights. Before going out for a ride, all motorcycle riders should know what they should do to protect their rights in case they are involved in an accident.

  1. If you can, take photos of the accident scene before any vehicles are moved. The relative positions of the vehicles can be a crucial piece of evidence needed to establish who was at fault. Other physical evidence, such as skid marks and debris on the road, may disappear or fade within days or even hours. Photos can also help show weather conditions at the time of the accident.
  2. If there are witnesses, try to obtain their contact information, in case they leave the scene before the police arrive.
  3. Do not admit any fault to anyone. Even if you believe you may have been partially or completely at fault for the accident, you may not be aware of all of the circumstances. A hasty admission of fault can affect your rights, even if it turns out that you were mistaken.
  4. Ask for a copy of the police report. It will contain important information that you may need later on.
  5. Always seek medical care. Some injuries are not immediately apparent. The stress and adrenaline of the accident may mask pain and lead you to believe that you are uninjured. Failure to seek immediate medical attention will weaken your case if you start to experience symptoms afterwards. Even in extenuating circumstances, such as with the coronavirus (COVID-19) outbreak, it is important to be checked by a doctor after an accident. Take proper safety precautions, but do not delay in getting medical attention.
  6. Call an accident attorney. Your attorney will be able to help preserve evidence, interview possible witnesses, and work with insurance adjustors to get money for your medical expenses even before your case is settled.

The attorneys at The O’Brien Firm are dedicated to helping accident victims and have the experience necessary to handle the unique circumstances involved in motorcycle accident cases. Visit our website at for more information, or call us at 716-907-7777 to arrange a consultation. During the current coronavirus outbreak, we are available for phone and video consultations.

Common Mistakes of Teenage Drivers

The day a teenager obtains a driver’s license is both anticipated and dreaded by parents. You may look forward to spending less time as a chauffeur but know that you will worry about their safety every time they are behind the wheel. You can also look forward to higher insurance premiums. Unfortunately, young drivers tend to have more accidents, also leading to higher insurance payments and many extra grey hairs. Learn about some of the most common mistakes of teenage drivers so you can better prepare your children when they venture out into traffic:

Distractions. Distracted driving is a leading cause of accidents for drivers of any age, but it is especially dangerous for new drivers. First on the list of dangerous distractions is cell phone use. Teens should be instructed to turn their cell phones off completely while driving; even with a hands-free device, the simple motion of pressing a button to answer a call can take a driver’s attention off the road. For a driver already unfamiliar with their surroundings, a small lapse in attention can be disastrous.

Another common distraction is having passengers in the car. New drivers need to keep their attention on the road and cannot afford being distracted by multiple conversations. Many states limit the number of passengers allowed in a new driver’s vehicle. Even in states where no such limits are in place, parents should still consider placing their own limits on the number of passengers their children can drive.

Overconfidence. Teenagers tend to believe that they are indestructible. Once they complete driver training and pass the test for a driver’s license, they may believe they have all of the knowledge and skills they need to handle any situation that may arise. This, of course, is not the case. Many driving skills can only be learned with practice.

Learning how to handle common situations such as merging onto a busy highway, being cut off by another vehicle suddenly changing lanes, or braking on a wet or icy road, cannot be taught – they must be experienced. Teen drivers may believe they have the skills to handle these situations, only to find that they are not as prepared as they thought. The only way to help prevent accidents caused by overconfident and undertrained drivers is to provide new drivers as much supervised driving time as possible, even after they have earned a license.

Nerves. Your teenager may not admit it, but he or she may be nervous, or even terrified, of driving alone. Lack of confidence can be just as dangerous as overconfidence. While caution is always positive, too much of a good thing may actually lead to accidents. For example, hesitating or stopping while pulling into an intersection or merging traffic can lead to a rear-end collision. Time behind the wheel is the best solution for a nervous driver. If your teen is excessively timid, give him or her more supervised driving time before driving alone.

Recognizing the need to give new drivers as much experience as possible, all 50 states have some sort of Graduated Driver Licensing program. In New York, the first step is a learner’s permit, which allows a teen to drive under the supervision of a licensed driver over the age of 21 in the front seat. Between the hours of 9pm and 5am, the supervisor must be a parent, guardian, or licensed driving instructor. The next step is a junior driver’s license, which allows the driver to drive unsupervised between the hours of 5am and 9pm. The last step is an unrestricted license.

Even with the best instruction and supervision, some accidents cannot be avoided. If you or your teen has been injured in an accident, call The O’Brien Firm at 716-907-7777 for a free consultation, or visit our website at  for more information.

Why Hire A Personal Injury Lawyer After an Accident

You may have seen advertisements for personal injury attorneys on television or in print, but have you wondered what an attorney can actually do for you if you are injured in an accident? After all, if you have insurance and the other party has insurance, are the services of an attorney necessary? Here are some ways in which a personal injury attorney can help:

Preserving Evidence

Proving who was responsible for an accident can be difficult. Even in a situation in which liability seems clear, such as in a rear-end collision, factors such as weather, equipment failure, and driver impairment can make it difficult to prove responsibility. To ensure the best chance of recovery for your injuries, you will need to gather evidence as soon as possible after an accident. Physical evidence like skid marks will disappear and witnesses’ memories will fade, so you need someone collecting evidence on your behalf. A good personal injury attorney will have access to investigators who will be able to gather and preserve the evidence you may need later on.


Dealing with insurance companies

Your insurance adjustors and those of any other parties involved in the accident will be anxious to settle claims as soon as possible to save themselves money. A quick settlement may be tempting if you are out of work and in need of money, but that may not be in your best interests. Once you accept a settlement, you give up any right to further compensation.


Even if you have additional problems resulting from the accident, you will not be able to receive anything more. You should not accept a settlement until you are certain that you are completely recovered or that the extent of any permanent injuries is known. A personal injury attorney can work with insurance companies to get compensation for medical expenses, lost wages, and other out-of-pocket expenses while your claim is pending, so you do not have to feel pressured to accept a premature settlement.


Maximizing your compensation

An experienced personal injury lawyer deals with accidents like yours every day. Attorneys know exactly what your case is worth and how to work with insurance companies to make sure that you receive the best possible outcome. Knowing that an injured person is represented by an attorney who is willing and able to take your case to court if necessary, can prompt an insurance adjustor to offer a fair settlement.


Peace of mind

Entrusting your case with an experienced attorney will allow you to concentrate on healing. Let The O’Brien Firm handle the details of interviewing witnesses, talking to insurance companies, and preparing your case for court if necessary, so you can take care of yourself and your family. Call us at 716-907-7777 for a free consultation or visit our website at for more information.




Preventing Workplace Accidents

According to the National Safety Council, workplace accidents cost over $161 billion in 2017, taking into account medical expenses, loss of productivity, administrative costs, and uninsured expenses. Of that amount, employers paid over $12 billion in uninsured costs. Employees lost over 104,000,000 days of work due to on-the-job injuries, time that had to be covered by overtime, temporary workers, or extra shifts. Many of these accidents could have been prevented.

Common Causes of Workplace Accidents


The most common cause of injuries leading to lost workdays is overexertion, accounting for over one-third of reported workplace accidents. Overexertion can include lifting or moving heavy objects, using improper lifting techniques, and engaging in any repetitive motions over long periods of time. While it is ultimately up to the employee to know the limits of his own body, employers can help reduce overexertion injuries by:

  • Making sure all employees are trained in proper lifting techniques
  • Requiring the use of safety equipment such as back braces and wrist supports.
  • Making sure that shifts are adequately staffed, so workers do not have to lift heavy objects without assistance.
  • Allowing workers whose jobs duties require repetitive motions to take regular breaks.


Contact With Objects

This category of accidents includes being struck by falling objects, getting caught in machinery, and being struck or crushed by collapsing structures or materials. Employers can help avoid these injuries by:

  • Not allowing untrained employees to operate dangerous equipment
  • Enforcing a dress code that does not allow loose clothing that could get caught in machinery
  • Making sure that boxes and other materials are stacked properly
  • Frequent inspections of storerooms, warehouse space, and dangerous machinery


Slips and Falls

This includes falling off of ladders and scaffolding, tripping over objects, slipping on spilled liquids, and falling from high places at worksites, such as roofs, decks, and ledges. In addition to proper training of employees, employers can take the following steps to reduce slip and fall accidents:

  • Not allowing employees to work on ladders, scaffolding, roofs, or other high places alone
  • Making sure ladders and scaffoldings are properly maintained and sturdy
  • Having proper equipment available for every job so workers do not have to improvise with equipment not suited to the task
  • Keeping floors and aisles clear of debris
  • Having a janitorial crew or assigned workers on hand to clean up spills quickly


Workplace Diseases

Exposure to chemicals, dust, fumes, and other environmental hazards can lead to permanent disability or death. OSHA standards require all employers to provide adequate safety equipment for employees working with hazardous chemicals or materials. These include breathing equipment, eye protection, hearing protection, and protective clothing. Employers should make sure all workers use protective equipment at all times, even when it may seem inconvenient or less efficient to do so.


New York Workers Compensation Firm

If you or a family member is involved in an accident at work, call The O’Brien Firm at 716- 907-7777 to learn more about your rights and options. You may also visit our website at


Highway Etiquette – Avoid Accidents by Being Considerate

When driving, as in other aspects of daily life, practicing the Golden Rule can make for a safer, more pleasant experience. Here are some practical driver etiquette tips that may help avoid an accident, a road rage incident, or an unpleasant encounter.

Knowing and Obeying Right-of-Way Rules

New York traffic laws govern rights-of-way in intersections, the most common locations for automobile accidents. New York law and common courtesy require that a driver approaching an intersection must yield to a driver already in the intersection. Even if your light is green, do not pull out in front of another vehicle. You may be legally within your rights, but that will be little comfort when your vehicle is damaged, or you are injured.

In an intersection with four-way stop signs, drivers are required to yield to the driver on their right. If there are drivers at all four intersections, highway etiquette dictates that the first driver to approach should be allowed to proceed first.

No Tailgating

It can be frustrating to be stuck behind a slow driver but failing to leave enough distance between your vehicle and the one in front of you is not only impolite, but also dangerous. If that driver makes a sudden stop, lane change, or has to swerve to avoid an obstacle, you may not have enough time to stop. If you rear-end another vehicle, you will almost always be found responsible for the accident.

Avoid Aggressive driving

Aggressive driving practices such as frequent or sudden lane changes, honking or repeatedly flashing your lights in order to get a vehicle to move out of the way, and excessive speed, increase your chances of being involved in an accident. In addition, these practices may startle an inexperienced driver, further increasing the risk of an accident.

Use Your Signals

New York law and common courtesy require the use of turn signals before turning or changing lanes. Think about yourself in a similar situation: would you appreciate another driver suddenly stopping to turn without any warning? The driver behind you may be distracted, or may be following a bit too close. He may even be distraught over some bad news or a family emergency. Give him a chance to see that you are about to slow down or move into his lane, and you may avoid a potentially deadly accident.

General Courtesy

Drivers who are considerate of other motorists and who treat others on the road as they would prefer to be treated may avoid creating situations in which other drivers feel the need to retaliate for rude behavior, either with aggressive driving of their own, or even deliberate actions.

New York Accident Attorneys

Despite your best efforts, you may fund yourself in an accident someday. If you do, call the personal injury experts at The O’Brien Firm at 716-907-7777, or visit our website at for more information.


Trick or Treat Safety

If you have young children, they are probably already planning what to wear for Halloween.  Some parents opt to forego traditional trick-or-treating in favor of parties, haunted house tours, or one-location trick-or-treat events. For those who opt for the traditional trick-or-treating, here are some ways to help make it a fun and safe experience.

Costume Choices

  • Make sure to check the length and fit of children’s costumes before they go out. Costumes that are too long or too loose may restrict a child’s movement or may be a tripping hazard.
  • If cold weather is anticipated, long underwear and other layers can keep a child warm while not spoiling the look of their costume.
  • Face paint is more comfortable than a mask and allows for unrestricted vision.
  • If the costume is dark in color, make sure to sew or pin some reflective material on the costume so that your child can be seen by drivers.
  • If your child’s costume includes any type of weapon, make sure it is obvious from a distance that the weapon is not real. This is especially important for older children, who could be mistaken for an intruder in the dark. For maximum safety, any costume piece that resembles a firearm should be avoided.


Furthermore, children should carry a flashlight after dark. Children should also be instructed not to approach any house that does not have a sign, porch light, or other indication that the occupants are participating in trick-or-treat. Despite the name, “trick-or-treat,” children should be instructed not to play any pranks on non-participating neighbors.  A frightened homeowner may mistake a child for a burglar, to disastrous ends, or the prankster might encounter an aggressive or overly protective pet.



 While very young children are happy to trick-or-treat with their parents, older children prefer some freedom. Parents may give their older children a sense of freedom while still keeping an eye on them by restricting their children to known streets or neighborhoods, and by accompanying them to a location where they can be observed but not escorted. Children should be instructed not to enter any house or building unless their parents know and trust the occupants and have specifically given permission for the child to enter. Lastly, all children should observe the local trick-or-treat hours.


The Spoils of the Night

 Despite the numerous urban legends, verified incidents of tampering with Halloween candy are rare. Nevertheless, children should be instructed to bring all candy home before eating it so you can inspect it. Candy that is not in its original packaging, or in packaging that appears damaged, should be discarded.


New York Personal Injury Attorneys

 The attorneys and staff at The O’Brien Firm wish your family a safe and happy Halloween. If you or a family member is injured due to someone’s negligence, call us at 716-907-7777 for a free consultation.



Rush Hour Accident Prevention

According to the National Highway Traffic Safety Administration, most automobile accidents occur during the hours of 3-6pm, the traditional “rush hour” commute. With more cars on the road and drivers hurrying to get home after working all day, conditions are ripe for accidents. You can lessen your chances of becoming a rush hour statistic by following a few tips:

  1. Adjust your work times. If you can avoid traveling during these peak times, your chances for being involved in an accident decrease significantly. Many companies offer flexible schedules; even a thirty minute to one-hour change in your commuting time can help avoid the worst of the rush hour traffic. Full or part time telecommuting is also becoming more popular. Telecommuting one or two days per week, especially if one of those days is a Friday, will also keep you off the road during the most dangerous hours.
  2. Slow and steady wins the race. Many rush hour commuters like to step on the gas when an opening appears ahead, just to brake suddenly a few seconds later. Maintaining a slow and steady pace may allow some vehicles to get ahead of you in traffic, but it will help avoid a rear-end collision. Remember, if you hit a vehicle in front of you, the responsibility for the accident will fall on you, in most cases.
  3. Be on the lookout for slow or stopped vehicles. Many rush hour accidents are rear end collisions, caused by drivers who did not anticipate the actions of other drivers. When traffic is heavy, assume that the vehicle in front of you will be stopping or slowing suddenly.
  4. Don’t tailgate! Following too close can cause accidents even in the best conditions and is especially dangerous in stop-and-go traffic.
  5. Take extra care at intersections. Rush hour commuters are anxious to get to their destinations and may not take time to stop completely at a stop sign. They may also enter an intersection just as a light turns from yellow to red. You can reduce your chances of being involved in an accident by looking before proceeding into an intersection, even when your light is green, and then proceeding with caution. Don’t assume that other drivers will always adhere to the rules of the road.
  6. Minimize lane changes. In heavy traffic, drivers will often rush to occupy an open spot, usually without signaling or giving other drivers around them time to react. The more often you change lanes, the more chances there are for one of these careless drivers to hit you. Don’t be one of those drivers but be on the lookout for them.

New York Accident Attorneys

Even the best and most cautious drivers may find themselves a victim of someone else’s poor driving habits. If you are injured in an accident, call the experts at The O’Brien Firm at 716-907-7777 for a free consultation


Why You Should Take Photos After an Accident

Capturing Evidence After an Accident

In a popular exercise for students of criminal justice law, the professor will arrange for an interruption in the middle of a lecture. While the students have their attention focused on the lesson, the door will open suddenly. One or two people will enter the classroom, engage in a short activity, such as an argument or even a proposal, and then leave. Afterward, the professor will ask the students to describe what happened. Most students are surprised at what few details they recall, even minutes after the incident. Descriptions of the actors’ height, weight, hair color, clothing, and even race will vary significantly. If the professor waits until the class is over to interview the witnesses, their recollection is even worse. In a stressful situation like an automobile accident, witnesses’ ability to correctly observe and report important details can be compromised further. After an accident, any details that are captured in a photo can help prove important facts that you cannot remember or that varies from another witness’s memory.


Imperfect recollection is not the only reason why photos are important, however. In many cases, police officers seek to clear roadways as soon as possible and ask the drivers involved to move their vehicles to the side of the road. The placement of vehicles after an accident may provide clues as to the cause of the collision, so, if possible, take some photos of the vehicles before they are moved. Photographic evidence may also be used to show the extent of damage on a vehicle in case the driver tries to attribute additional damage from the accident afterwards.


Professional accident examiners will often take pictures of an accident scene to show skid marks that might indicate speed, damage to surrounding objects that might indicate the force and direction of a collision, and the positions of intersections, traffic signs, and/or barriers. These photos can be important in establishing the cause of the accident and the fault of the drivers. Photos taken at the scene, however, can capture evidence that later photos cannot. For example, photos taken at the scene provide evidence of weather and traffic conditions. It may even be possible to capture an image of a traffic light immediately after an accident to prove whether it was red or green.


Safety First

The safety of yourself and the other parties, of course, is more important than gathering evidence. If you or anyone else needs immediate medical attention, the photos can wait. Take photos only when you are safely capable of doing so.


Accident Attorney

One of the most important steps you can take to protect your rights after an accident is to talk to an experienced accident attorney as soon as possible. Learn more at or call (706) 907-7777 for a free consultation.

Bicycle Injuries Frequently Demand Litigation

Whether you are on your own bicycle or on one of the many bicycle rentals that are popping up in cities all over the country, accidents are always a possibility. In an accident between a bicycle and a car, the bicyclist is much more likely to be seriously injured or killed. Injuries to bicyclists are often above the no-fault insurance limit, and therefore, bicycle accidents may result in litigation.

Keeping Safe While Riding in New York

Safety precautions such as helmets, lights, reflectors, and bells are essential when riding, especially on public roads. Remember to obey traffic laws as if you are driving a car and to ride in designated bicycle lanes whenever possible. The most important safety tip for bicycle riders is to be aware that drivers of other vehicles are often not trained to watch out for smaller vehicles or bicyclists. Never assume that another driver can see you.


The doctrine of comparative negligence in New York limits recovery for injuries when the injured party has been found partially responsible for the accident. Therefore, failure to observe traffic laws or follow accepted safety procedures could make it more difficult to recover the full amount of your damages.


Bicycle Accident Litigation

There are many possible causes of bicycle accidents. Some of them are unavoidable or caused by errors and/or inattention on the part of the cyclist. In many cases, the accident could have been avoided. Cyclists can be struck by other vehicles when those vehicles are driving in a bicycle lane or when a driver does not look before changing lanes and making a turn. Drivers can also misjudge distances, thinking there is plenty of space to pass, and hitting the cyclist as they drive by. Poorly maintained roads, debris on the road, and other hazards are also responsible for accidents.


On the other hand, a cyclist may be injured when his own equipment fails. Deflated tires, faulty brakes, and other equipment problems can cause a cyclist to lose control, fall, and/or swerve into traffic. Moreover, a lack of lights or reflectors can lead to an accident if the driver of a vehicle can’t see the cyclist. Lastly, improperly designed or manufactured helmets may lead to serious injuries following an accident or fall.


Bicycle Accident Attorney in New York

The unique circumstances involved in bicycle accidents demand an attorney who has experience, not only in personal injury law, but in handling bicycle injury cases. The O’Brien Firm, with offices in Buffalo and many other New York locations, can help if you are injured in a bicycle accident. Visit our website at or call 716-907-7777 for more information.

How Much Car Insurance Do You Need?

Minimum Insurance Requirements 

Best NY Car Crash LawyersEven though New York is a “no-fault” jurisdiction when it comes to automobile accidents, all drivers and car owners in the state are required to carry insurance.  All drivers must have a $50,000 no-fault policy, which will pay for your damages if you are involved in an accident, regardless of who is at fault. In addition, you must have uninsured motorist coverage in the amount of $25,000 per person/$50,000 per accident, in case you are involved in an accident with a driver who does not have insurance.

Finally, all drivers must have a minimum coverage of $25,000 per person/$50,000 per accident for bodily injury, $50,000 per person/$100,000 per accident for death, and $10,000 per accident for property damage.

It is perfectly legal to operate a vehicle in New York if you have the minimum insurance coverage specified above, but is it wise?

What is Not Covered By the No-Fault Law

New York’s no-fault auto accident law is designed to make claims easier for most accidents. When an accident only involves property damage or the injuries are minor, the minimum coverage should be sufficient to cover the expenses. However, the minimum coverage may not be enough in these particular circumstances:

  • Accidents involving motorcycles. Motorcycles are not considered motor vehicles for purposes of the no-fault laws. In an accident involving a motorcycle, an injured person may sue for personal injury damages that fall below the threshold of “serious injuries” for other accidents. Even a non-serious injury claim may exceed the $50,000 minimum required coverage.
  • Serious injuries. Claims for serious or permanent injuries are not covered by the no-fault law. If you only carry the minimum amount of insurance, you could be personally liable for any damages above that amount. If a person is permanently injured, the claim can easily run into hundreds of thousands of dollars.
  • Pain and suffering. An injured person may still sue a negligent driver for pain and suffering. This type of damage is often far greater than the monetary damages for medical expenses, lost wages, and property.
  • Uninsured motorists. If you are injured in an accident with a driver who has no insurance, or whose insurance is inadequate, you may make a claim from your own insurance company. The minimum uninsured motorist coverage will not compensate you if you suffer any serious or permanent injury

Seek Professional Advice

Talk to your insurance agent about the best insurance plan for your needs. If you have been injured in an accident, talk to a New York accident attorney right away to learn about your rights and options. No-fault accident claims must be filed within 30 days, so do not delay. Attorneys at The O’Brien Firm are available for free consultations 24/7.  Call us at (716) 907-7777