Today we are going to talk about what to do if you are hurt in a car accident involving a driver who was intoxicated or under the influence of drugs.
There are a couple of things that you need to think about if and when you are involved in an accident involving a drunk driver, or a driver who was under the influence of drugs, including marijuana, which is now recreationally legal in New York.
The first thing you’ll want to do is make sure that the police are called so that a police report can be made, statements obtained, etc. If a driver is under the influence they will likely be issued tickets, which is important because that can help you establish liability down the road in the event that you have to file a lawsuit or if you’re dealing with an insurance company.
You’ll want to make sure that you call the police, that the police come to the scene, accident reports are completed, insurance information is exchanged, and any witnesses are identified by the responding police officer. After the accident, you or your attorney is going to want to reach out to the local court or district attorney who is responsible for prosecuting those tickets, who will be notified that this was an accident that involved a serious injury.
Why do we do that? Because then the prosecutor is less likely to give a quick plea deal to the wrongdoer, which may become important later if there is an admission of liability in the criminal matter.
You’ll next want to make confirm the insurance coverage limits for the other driver, and notify any relevant insurance carriers. This may not only include the other driver as we’ll discuss below.
After you have determined the other driver’s insurance coverage limits, you may need to notify your own insurance company that you have a potential SUM or UM claim. This is a claim that allows you to seek damages from your own insurance company in excess of the other driver’s insurance.
Why is this important?
This is important because often drunk driver involve very serious injuries. You may need surgery or surgeries. You may have a long recovery. You may miss work, or worse. If the other driver has minimal insurance coverage it may not be enough to adequately compensate you.
SUM or UM coverage – under your own insurance policy – is there to help you in this exact scenario, and in many cases allows you to make a claim for damages beyond the other driver’s coverage. If you don’t know what your SUM or UM coverage is take a look at the declarations page on your auto insurance policy. You can get that from your insurance carrier.
TIP: If you’re able to, you should increase your SUM/UM coverage. It’s relatively cheap, and we have had far too many clients obtain less than they should because of inadequate coverage.
Of course the most important thing following an accident is to take care of yourself or your family member. Thinking about the above, however, may also help you or your family in the end.
If you have questions contact us today.
*Attorney advertising. Not intended as legal advice. Prior results do not guarantee future outcomes.
Thursday nights at The Shirt Factory are like a block party and mini carnival every week!
Today from 4:30 PM to 8:00 PM, The Shirt Factory at 71 Lawrence Street will feature a Market and Food Truck Corral! There will be live music, local breweries and distilleries, homemade items… And, the shops are open late!
Live music will be provided by Rob Pulsifer, Geo Beat Duo, and Jolene Sierra.
There will also be free and low cost events for the family! Lego tables, games, a petting zoo, and bouncy houses! There is so much to do and see at The Shirt Factory on Thursday nights!
This event will take place every Thursday night, from May 18th to September 14th. Come and join the fun!
Matt and Rebecca O’Hara have been the owners of Queen Boat Co. since the fall of 2018… That was when they started promoting electric outboard motors on Lake George. Now, they have taken the next step in sustainable boating and incorporated the first electric boat chargers on Lake George! These 75 DC fast chargers allow the boats to be charged without pulling them out of the water. Although the demand for this technology is relatively new, it is growing – there are 400,000 registered boats in New York that are under 25 feet in length. This is an ideal size range for an electric motor! This charger is the first of its kind East of Michigan. With the addition of the boat chargers, Queen Boat Co. will also be able to rent out electric boats to their clients.
New York State has been on the forefront of clean energy, and electric charging stations for boats is a step forward for that initiative: “New York is committed to building clean energy and protecting our environment for future generations,“ Governor Kathy Hochul said in a statement about the 2023 state budget initiatives. New York State has a Climate Act goal of 100% zero emission electricity by 2040! To help reach this goal, decreasing the use of fossil fuels for recreational boating is key.
Lake George is a premier destination for boating enthusiasts, but the use of combustion engines to power these boats affects the environment… Recreational boating with a combustion engine can create pollutants and greenhouse gasses, and cause damage to aquatic life. When an internal combustion engine is used, it releases carbon monoxide, nitrogen oxide, and hydrocarbons; these emissions cause damage to the environment, and are harmful to the respiratory system. Electric outboard motors, on the other hand, produce zero pollution and zero emissions… There are no dangerous fumes, and no loud motor, either! There are also benefits in regards to the maintenance of the boat – because there are far fewer moving parts in the engine, electric boats require little maintenance; and the cost of electricity is lower than the cost of fossil fuels.
Queen Boat Co. is a family-owned and operated business that provides the ultimate in boating hospitality and take their role as custodians of the lake very seriously! Since taking over the marina they have excavated a failing underground fuel tank, and upgraded an above-ground fuel tank. The O’Hara’s have built a new waterway system, and worked to prevent storm water from running into the lake.
Queen Boat Co. is also home to Freedom Boat Club Lake George, which is the world’s oldest and largest membership boat club in the United States! The boat club cleans, maintains, stores, and insures the boats. Members make reservations, and show up to the dock, where there is a clean, fueled boat, ready for the day on the water. Now, there will be the option for electric powered boats as well.
Incorporating electric boats into lake life will help to lower the overall carbon footprint of all the boats on Lake George. For more information, please visit lakegeorgeboating.com
The New Journeys Structured Day Program (SDP) is a division of Kee to Independent Growth Inc. (KIGI). This social program model is located at 217 Dix Avenue, Suite 5, in Glens Falls. It is a structured, social model day program, serving seniors diagnosed with Alzheimer’s and Dementia, and those in need of supervision, monitoring, and assistance with everyday tasks.
The services provided by this program are designed to improve or maintain socialization, community integration, skills, abilities, and interests to live fully and independently as possible. The environment is fun, caring, and supportive. Karen Le’Que – the Founder, President, and Executive Director of Kee to Independent Growth, Inc. – says that KIGI currently provides services in Albany, Columbia, Fulton, Montgomery, Rensselear, Saratoga, Schenectady, Warren and Washington counties, with two more day programs looking to open in Schenectady County and Plattsburgh, with additional consideration to the Fulton/Montgomery County, and Oneida areas, as well as Ulster and Dutchess counties.
The New Journeys Structured Day Program’s newest site in the Glens Falls area is run by Kelly Hanafin, who is the Director of the Day Programs. Kelly is a graduate of Skidmore College with a BS in fine arts. Throughout her career she has worked in education, human resources, management, and human services. Kelly’s work with day programs began with developing an arts program; this program has given clients the opportunity for self- expression, creativity, and communication.
Kee to Independent Growth, Inc. is a non-profit that provides a wide and extensive list of services. Amongst those services is Psychosocial Rehabilitation (PSR), in home community counseling, case management, and the day programs. Both the PSR and day programs are focused on life skills including budgeting, organizing, meal planning, and more. Everyday things that seniors or people with traumatic brain injuries may have lost their ability for or need assistance doing. KIGI through day programs serves Veterans, people suffering from addiction, the elderly, and people with traumatic brain injury.
The programs and services that SDP provides help people live more independently, stay motivated, and continue to grow as individuals… Families enter the program, where they find out about the expansive services and the support that is available. The clients often start with one program, and utilize other programs that are available to them. There are various programs that can help support one person, and these programs are through contracts with the NYS Department of Health and NYS Office of Mental Health.
Karen Le’Que prides herself on the dedication of her organization and her staff to the community: “We help them get the things that they need. We have a rule throughout the agency, I don’t care if it’s 5:00 PM on Friday, if someone doesn’t have food, shelter, or heat, we are going to find a way to get that for them. These things are vital, and our staff is very skilled, and they care beyond measure,” Karen said.
The love, caring and compassion of Karen Le’Que is tangible, and her personal experience has influenced her career path: “I grew up very poor. We were lucky if we had food to eat… I raised myself, and through that experience came the interest in helping others. My father and two brothers are Veterans. One brother was homeless, and he passed away homeless… We were not notified that he had passed. My middle brother, who is also a Veteran, suffered from substance abuse. Our agency had helped him for many years… My husband is an Iraq War Veteran who had PTSD from his time in the military. Everything that I do, I am passionate about because of that,” Karen said.
Karen has watched the organization and the programs fill, and then has been able to help them expand – the program’s first location was in Ballston Spa. As this program filled, another facility was opened in Malta… Within a year, both day programs were full. The need in the community was evident, and the KIGI Board of Directors gave Karen their full support to keep expanding: “We opened our programs up to seniors in late 2021, and that’s when things really exploded… There is a need. Since the pandemic, there has been so much concern about nursing homes, and isolation. Families want to keep their loved ones home,” Kelly said.
Both Karen and Kelly have been pleased with the response from the Glens Falls area community: “Glens Falls really rolls out the red carpet for their seniors. They do much more than other areas,” Kelly said.
Karen has watched the industry grow and change over her career, as KIGI has been providing services for 15 years: “I started doing service coordination, a form of case management, in my house in a bedroom upstairs, and it grew slowly at first… Then the market crashed in 2008, and we were growing. Then things slowed a bit, and now things are exploding again,” Karen said.
Amongst the myriad of services that the SDP’s provide, helping people maintain their independence and life skills is at the core of their motivations. People may need help with life skills like budgeting, coordinating transportation; and help with employment such as resume writing, interviewing skills, and social skills. They might need organization assistance, or dietary support and suggestions. This type of support helps the elderly stay in their homes longer and maintain an improved quality of life. Managing long term care is something that affects the individual, the entire family, and the community at large: “Typically, we offer family resources. No one can manage long-term care on their own, it doesn’t matter what their income range is… So, we help them get onto waivers, and that offers the families so much support,” Kelly said.
SDP understands that supporting the individual and their families is essential for the success of the client: “One of the biggest services that we provide is respite care for caregivers. It just gives people a chance to have a life outside of what is going on day to day. We noticed that as a draw. The caregiver is often the spouse, and the caregiver is also aging. Respite care gives the caregiver time to take care of themselves so that they can provide better care for their loved one,” Kelly said.
The services that Kee To Independent Growth, Inc. provides reach a variety of communities in need… These services include mental health and substance abuse, serious mental illness, addiction, Traumatic Brain Injury and Nursing Home Transition and Diversion waivers. The interweaving of these communities creates a unique type of support: “We find that people with traumatic brain injury are not always elderly. They give vitality to the older clients and the younger clients benefit from the wisdom and having a sense of worth. Our facility helps people rebuild their place in the world,” Karen said.
Payment sources include Medicaid Managed Care providers such as Fidelis, Nascentia, VNSNY, CDPHP and MVP… They also offer a sliding scale option for out-of-pocket payment. Further, there are a few short-term grant options available as well.
The New Journeys Structured Day Program will be hosting an open house on June 16th, 2023, from 10:00 AM to 2:00 PM at their 217 Dix Avenue, Suite 5 location. There will be an art auction to support the clients of New Journeys.
This social program model fills a need in the community for both seniors and their families. Their hours of operation are Monday through Friday, 9:00 AM to 3:00 PM, and one Saturday a month.
Looking to work in sales? Are you self motivated and a team player? Five Tower Media has just the job for you! Five Towers Media is looking for new talent to expand their sales team with a new Junior Sales Associate position.
As a Junior Sales Associate, you will be able to fulfill your career goals and work in a supportive and fast-paced environment. Five Towers Media recognizes that to get the most from their employees, a flexible work environment is key, and offers the options of either working from home, at a desk in the office, or a hybrid of the two.
Five Tower Media is a full-service marketing company based out of Saratoga Springs, NY, and is looking for a self-motivated, disciplined individual, that can work both independently as well as part of a team. Compensation for this position is $15.00 an hour, with commission pay and mileage reimbursement.
Kyle and Randy Cozzens own and operate Evergreen Bicycle Works, which is located in the historic Fort Edward Train Station. Evergreen Bicycle Works is a full service bicycle shop offering new and used bicycles, gear, and apparel. They also offer maintenance and repair work, and bicycle rentals.
Evergreen Bicycles understands how quickly a kid can grow out of a bike, and that parents often purchase larger bicycles so that the child can grow into the bike… This can be both unsafe and unenjoyable for the rider. To save parents money and make the experience more enjoyable for the kids, Kyle and Randy created the Kid’s Bike Trade-Up Program.
This program helps to offset the cost of a new bike as the child grows, and makes bike riding fun and enjoyable for the kids. It’s open to bike riders under the age of 16 – parents can purchase any new qualifying kids’ bikes, and if the kid outgrows it within four years, Evergreen Bicycle works offers a trade-in-credit towards a new bike for the same child.
Due to wear and tear, a percentage of the total cost is used to cover necessary repairs. This program keeps kids on a safe, size-appropriate bike.
Members of the LGBTQ+ community are protected from discrimination and harassment in the workplace under both New York State and federal law. The New York Human Rights Law explicitly lists sexual orientation and gender identity as protected statuses, and the United States Supreme Court – in the landmark 2020 civil rights case Bostock v. Clayton County – found that Title VII’s prohibition against sex discrimination encompasses both sexual orientation and gender identity.
New York’s law more expressly addresses issues relating to gender identity because of GENDA (the Gender Expression Non-Discrimination Act). Specifically, GENDA applied the protections of New York’s human rights laws to gender identity and expression, which are defined as “a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.”
What does this mean? Most of us are familiar with what it means to target someone because of their sexual orientation, i.e., someone’s physical, romantic or emotional attraction to another person. Some of us are more recently learning about gender identity and what it means to be transgender, i.e., that someone’s gender identity is different from the one they were assigned at birth. Individuals are also protected from gender stereotyping, i.e., you do identify as the same gender you were assigned at birth, but you don’t, for example, dress in the way one expects a woman or a man to dress and you are targeted for that reason.
What is illegal? Anti-discrimination statutes prohibit employers from taking what we call an “adverse employment action” – like getting fired or not being promoted – against an employee because of that employee’s protected status. Most employees are “at will”, meaning they can be fired at any time for any reason, so the sticking point in any employment case is demonstrating that the employee was targeted because of their protected status and not some other reason, even if we don’t agree with it.
These laws also protect employees from harassment based on their sexual orientation or gender identity. When harassment rises to the level of a hostile work environment and, in extreme cases, to the employee’s forced resignation, they can also have a claim under the anti-discrimination laws. The law also encourages employees to complain about harassment, and those complaints – assuming they specifically raise the illegal reason – are protected from retaliation.
What can I do if I am targeted? Making an internal complaint to your boss or HR is always an option, and the law encourages this type of complaint particularly if the harasser or wrongdoer is a coworker. Retaliation is always a risk, but this can be an opportunity for the employer to make things right. You can also make a complaint to the EEOC (this is required to preserve federal claims) or to the New York State Division of Human Rights (this is optional). Lawsuits are also an option and employees are allowed to make immediate claims in court under New York State law which, unlike federal law, does not require making a complaint to an agency first.
This article is for informational purposes and should not be relied on as legal advice or in taking action at work. Every situation is different and you should consult your employee handbook and consider speaking with an attorney to discuss your rights and options.
Have you been seeing and hearing more motorcycles lately? There’s a good reason for that – the 40th annual Americade in Lake George is taking place one week earlier this year! The event started May 30th, and is going on until June 4th. The opening celebration was on May 30th, the Expo started May 31st, and the Demos are starting June 1st.
This week-long festival also raises money for charities: Americade partners with Ride for Kids and the Wounded Warrior Program, and has helped raise $600,000 for these charities as well as local and regional charities.
When this event was started in 1983, it drew about 2,000 riders… Now, over 50,000 riders and passengers attend the Americade event in Lake George! This is the world’s largest multi-brand motorcycle touring rally, and features events that include exhibits and vendors, fireworks, and parades. Americade is a boost to the local economy, bringing motorcycle enthusiasts from all over the country.
For more information and a schedule of events, please visit americade.com
A handmade sign in front of 42 degrees on Glen Street reads, “Thank You So Much for all the love Goodbye 42”… 42 Degrees and 42 Degrees Tavern closed on Wednesday, May 31st, 2023.
Robin Barkenhagen started the business as an art gallery and glassware shop in December of 2009… The Pipe shop, owned by Barkenhagen and co-owners Jon King and Mike Chowske, moved into the 206 Glen Street location in 2019, having previously been located for a decade on the corner of Park and Elm.
42 Degrees opened a second location in Malta in 2021, and then added the tavern to the Glens Falls location – the tavern was on the second floor of the building, and offered live music, wine, and beer.
The store closure was announced on Facebook earlier this month. Barkenhagen wrote: “I tried my best to hang on, but ultimately failed… 42 Degrees and 42 Degrees Tavern will be closing at the end of May. I want to thank you all for making the last 13 years special, and the 2 at the tavern magical. Hang on to those memories, good, bad and ugly, it was one of the finest stretches of my long life. This is obviously posted with a heavy heart, I gave both places my all, but it just wasn’t good enough… I love you all…Peace.”
