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Drinking and driving and the holidays. Let’s hope this doesn’t apply to you…

injury law

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. 

While it’s not a topic that you want to think about, with the holidays come increased drinking and driving, and if you find yourself (or a family member) in a car accident caused by a driver who was intoxicated, you may be asking: What do I do now?

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 to do following an accident is make sure that the police are called, so that a police report can be generated which identifies parties involved, witnesses and insurance coverage, and may even help establish fault.   In particular, if a driver is under the influence they will likely be issued tickets, which is important because it can help you establish liability down the road.

Following the accident you or your attorney will want to reach out to the local court or district attorney who is responsible for prosecuting any charges against the other driver, notifying them of the severity of your injuries.  

Why is that important? Because then the prosecutor is less likely to give a quick plea deal to the wrongdoer if the case involves serious injuries.  This may become very important later, because if there is an admission of wrongdoing (i.e. a guilty plea), it will help establish liability against the other driver.  

You’ll next want to be sure that the other driver had insurance, and that the relevant insurance companies are given notice of the potential claim.  This will help you determine the applicable coverage limits on the other driver’s vehicle.  

Once you determine the coverage limits of the other vehicle you may want to notify your own insurance company that you have a potential SUM or UM claim.   As we’ve discussed before, this is a claim that allows you to seek damages from your own insurance company in excess of the other driver’s insurance.

This is important because many times if you are hurt because of a drunk driver you will have sustained very serious injuries.  You may need surgery or significant medical treatment.  You may have a long recovery and miss work.  If the other driver has $25,000 or $50,000 in insurance coverage, it will likely be insufficient to wholly compensate you.

If you have sufficient SUM or UM coverage under your own insurance policy you may be able to make a claim against that coverage for damages beyond the other driver’s policy.  But remember that it is critical to notify your carrier, as part of your responsibility as an insured is to notify the insurance company that you have the potential for a SUM or UM claim. If you are unsure about your Sum or UM coverage, take a look at the declarations page on your auto insurance policy.  

In addition to everything else – and this goes without saying – get medical treatment.  You have to take care of yourself and your family so that you can move on from the accident. And the best way to do that is to get medical treatment immediately and as needed.

To learn more about how D’Orazio Peterson can help you, visit here or go to our website: www.doraziopeterson.com

*This article is informational only and is not intended as legal advice, nor does it create an attorney-client relationship*


ABOUT THE AUTHOR

Scott M. Peterson is the founding partner of D’Orazio Peterson, having left a partnership at a large regional law firm to limit his practice and focus on exclusively representing individuals in a small number of employment and serious injury/medical malpractice matters.

Glens Falls Schools Stay Open During Winter Storm

Friday, December 16, Glens Falls Schools stayed open while other area schools closed; Glens Falls did cancel after school activities, and postpone and reschedule games and meets. 

The Glens Falls City School sent out a district-wide email explaining their decision to community members: the email explained the variables that are involved in making the decision to close schools or keep them open. Current and forecasted weather is considered, as are the conditions of the roads, parking lots, and sidewalks.

The Glens Falls role in the community is also a consideration – the schools offer every student free breakfast and lunch. These meals are very important on Fridays and Mondays to students and families who face food insecurity, so providing these services is a factor in deciding to keep the facilities open. The school also provides winter clothes, boots, hats, and gloves to students in need through the HOPE boutique. The email said: “The learning, nourishment, social-emotional community, and consistency of schedule for students and families are important.” The goal of the Glens Falls City Schools is to keep every child in school – both safely, and consistently.

Governor Hochul Signs Blue Alert Legislation

Governor Hochul, on Friday, December 16th, 2022, signed legislation to crack down on violent crimes against police officers. Legislation (S.772A/A.6318B) establishes a Blue Alert System to aid in the identification, location, and apprehension of individuals suspected of killing or seriously wounding a police officer. This new law will reportedly help catch perpetrators, and improve public safety across the state by creating a better way to disseminate information.

Governor Huchul said in a press release: “We are taking a comprehensive approach towards protecting the individuals who serve and protect us, taking every measure we can to crack down on violent crime against law enforcement. New York is wholly committed to safeguarding our brothers and sisters in law enforcement and this new law will be crucial to creating safer communities and apprehending those who commit violent crimes against police officers.”

A Blue Alert is issued to notify law enforcement agencies, media, and the public about suspects who have killed, seriously injured, or pose an imminent threat to police. This system will help catch perpetrators that threaten public safety by establishing a better way to disseminate information on crime against police officers to the public. 

New York Acting Superintendent Steven Nigrelli said, “Law enforcement is known for being a dangerous profession. However, officers choose this profession because they believe in public service, helping others and putting the public ahead of themselves. Each call to service brings its own set of challenges and officers never know for certain what they will face. By establishing a Blue Alert System, we can better protect law enforcement from individuals who are looking to inflict harm on officers who have committed their lives to protecting others.” 

Assembly member Steven Stern said, “I was proud to sponsor and pass this critically important legislation in support of the brave men and women of law enforcement, who sacrifice so much to keep all of us safe. The Blue Alert System has a proven track record of success nationwide and its implementation is long overdue in New York State.” 

In 2015, Congress passed the Rafael Ramos and Wenjian Liu National Blue Alert Act; named in honor of two New York City police officers killed in an ambush attack on December 20, 2014. Blue Alerts can be transmitted via wireless devices and through the emergency alert system, and can also be transmitted to televisions & radio stations, cellphone & wireless devices, overhead highway signs, and other secondary alerting mechanisms in the same way that Amber Alerts are commonly issued. This bill was unanimously passed and signed into law by Governor Hochul.

 Quirk Family Business Sold to Third Generation

Lake George has been home to the Quirk Family business for four decades, and now is being passed to a third generation – Dennis Quirk has sold his Lake George holding to his daughter and son-in-law. Katie Carson and her husband Will Carson will take over the Woodbine Motel, the tour boat business, restaurant & boat rental company. According to the Warren County clerk’s office the real estate sold for $3.53 million. Documents filed with the county show that the transaction was financed through a $4-million mortgage with Chemung Canal Trust, and closed on November 16, 2022. 

Renovations and rebranding will be taking place for several of these holdings: The Lake George Shoreline Tour Boat Company – which includes the Horicon, a three story 85-foot wooden yacht, & The Adirondac, a 115 ft luxury cruise ship – will operate under the name Lake George Waterfront Cruises. This tour boat company offers historic sightseeing cruises; these tours are one-hour long narrated cruises, which feature local history, including the Revolutionary and French & Indian Wars. The tour highlights historical locations where documented historical events took place; in addition, the company offers sunset tours, twilight cruises, and family firework cruises.  Both the Adirondac & the Horicon are available for wedding functions and special events. 

Rebranding will also take place at the Woodbine Motel, which is west of Canada Street: this holding will be switching from a seasonal motel to a short term rental motel. It will operate as “The Bungalows”. 

The Shoreline Restaurant will be undergoing renovations, fine-tuning its menu, and undergoing a rebranding of its own in the coming months. Katie has worked for her father’s businesses in the restaurants and on the cruises, and Will Carson previously owned and operated Leroy Holding Truck Leasing & Service, which he sold in August.

Glens Falls TODAY: Morning Brief – Episode 68: Security Updates at Glens Falls City Schools | 12/19/22

It’s another Monday, and to kick off the week, Gary discusses new updates to the security resources at Glens Falls City School District. Other stories from the weekend include power outages caused by Friday’s snowstorm, the recipients of the Common Roots Foundation’s community grants, and a panel discussing the feats of Gen. Henry Knox scheduled in Lake George tonight.

00:02 – Intro
00:32 – Ad Break 1
01:26 – Story 1: Snowstorm Power Outages
04:22 – Story 2: Common Roots Foundation Grants
07:28 – Ad Break 2
07:52 – Story 3: Security Updates at Glens Falls City Schools
10:37 – Story 4: Lake George Henry Knox Panel
13:39 – Outro

Stories Cited:
Snowstorm Power Outages – Sun Community News
https://suncommunitynews.com/news/100469/snowstorm-knocks-out-power-to-thousands/

Common Roots Foundation Grants – Post Star
https://poststar.com/news/local/common-roots-foundation-awards-grants-to-nine-organizations/article_6a8637f4-7bc3-11ed-b006-6b58f0849255.html

Security Updates at Glens Falls City Schools – Glens Falls TODAY
https://glensfallsbusinessreport.com/security-changes-coming-to-glens-falls-middle-school-and-high-school/

Lake George Henry Knox Panel – Glens Falls Chronicle
https://www.glensfallschronicle.com/gen-knoxs-epic-1775-76-cannon-march-is-topic-of-dec-19-lake-george-panel/

Queensbury Girls Varsity Basketball Beats Hudson Falls 45-37

Queensbury, 45… Hudson Falls, 37! The Queensbury Spartans and the Hudson Falls Tigers girls varsity teams were neck and neck until Queensbury pulled away in the third quarter of Thursday night’s game at Hudson Falls. In the first quarter of play, Queensbury scored nine points to Hudson Falls seven points. In the second quarter, Hudson Falls scored 12 points to Queensbury’s 11, for a halftime score of Queensbury 20, Hudson Falls 19.

The Spartans’ defense in the third quarter held the Tigers to only three points, while the Spartan offense scored 10. Both teams added 15 points in the fourth quarter; however, the hard-fought victory was already secure.

Queensbury’s Aislynn Dixon poured in a career high of 23 points for the Spartans, and Liz Rowley & Sedona Jones each grabbed eight rebounds; this was a career high for both players. Dyllan Ray added 11 points and six rebounds. Kayla Zehr had a team high and personal best of five assists. The Spartans improved to 1-3 over all (1-1 in the foothills council). Glens Falls’ next game will be on Monday, December 19th, at 7:00 PM.

Security Changes Coming to Glens Falls Middle School and High School

The advanced walk-though concealed weapons detection system for the high school and middle school arrived this week. This system scans for shapes of weapons and individualized firearm components, unlike traditional metal detectors or wands; so the system can distinguish between threats and everyday items, like cell phones, coins and keys. The system will enter into uservice once it is fully calibrated and staff members are trained in its use. This will make entry into the school more secure, and reduce the bottleneck of checking backpacks as the students enter. The expected start date for this system is mid-January. 

The process to add an additional school resource officer from the Warren County Sheriff’s office is also nearly complete: this officer will be housed at the Middle School, but will work district-wide. The officer will partner with current SRO Norton to provide additional support for safety and community building. This position is expected to be added in mid-January.  A local Glens Falls parent said, “After what happened at the beginning of the school year, I think it’s a sad necessity. It’s been so challenging for the kids and the community. Then the backpack searches made kids late to class which added stress. The school district has responded to the needs of the community, which is nice to see.”

Safety at Glens Falls High School has been a concern since the first day of school: on September 8, 2022 at approximately 11:20 AM, a student was directed on two occasions to leave the building. This student went outside, damaged speakers, and was asked to leave campus; the student then proceeded around the building and knocked on doors until let back into the school. Once inside, the student put on a mask and walked the hallways, and engaged in an altercation with the school’s hall monitor and principal. During this altercation, a BB-gun fell out of the student’s backpack. The Glens Falls School resource officer called for additional assistance from the Glens Falls Police Department to remove the student from the school. The high school then called for a Lock Out, and the middle school sheltered in place until the situation was resolved. 

It was less than a week later on September 14, 2022, when the middle school and high school went into lock down again over a possible weapon; a student at the middle school saw what looked like a weapon fall out of another student’s backpack. Police recovered a toy gun, and then took the student into custody and removed the student from campus. Since those two incidents, Glens Falls Middle School and High School have taken campus security and student safety very seriously – the district responded by checking backpacks daily, and not allowing students to carry backpacks in the hallways between classes.

Saratoga Biochar Video Resources

Saratoga Biochar Solutions LLC has released a series of videos to promote understanding and transparency for the community regarding the processes that will be used at the proposed Biochar facility in Moreau, NY. On Monday, December 19, 2022 at 6:00 PM, Saratoga Biochar Solutions LLC will hold a virtual public meeting. This meeting is part of the New York State Department of Environmental Conservation (NYSDEC) permitting process; Saratoga Biochar Solutions LLC has submitted an application to the NYSDEC for a Solid Waste Management Facility and State Air Facility permit for Carbon Fertilizer. 

This $45-million project will occupy 5.9 acres near the Hudson River. The public can join the meeting by using this link: https://bit.ly/3UaoNjX, or by calling in at (518) 801-9266, and entering the meeting ID 697144872#. 

Saratoga Biochar Solutions LLC has released this series of videos defining terms, talking about safety, the great effort of getting approvals, and their interest in protecting the environment:

● Solving the Biosolids Problem: https://youtu.be/XaCp3o6Wc3s

● BioSolids vs. Sewage: https://youtu.be/d-hCYQ2AqWw

● Safety on the Truck Route: https://youtu.be/VuNWR3p40hU

● Pyrolysis & PFAS: https://youtu.be/fLofMgOKB68

● Negative Carbon Footprint: https://youtu.be/BqM9muZPefI

● The Road to Approval: https://youtu.be/CyF1GV7_Ge0

● Protecting the Environment: https://youtu.be/p2IJ7MXu7Sc

The aim of these videos is to educate the public and enhance the ongoing conversation. Saratoga Biochar is releasing these videos to support an open discourse with the community on Monday, December 19th.

Vocal opponents of the proposed facility include residents who are united under the name “Not Moreau”; These community members believe that Saratoga Biochar’s outreach to community members and neighboring towns has been insufficient.  During the virtual meeting, each resident who signs into the meeting will be given two to three minutes to speak, and community members will also be able to post questions to a chat. The DEC will be monitoring the outcome of the meeting to determine if it meets the state’s public participation and environmental justice obligations.

For more information, visit Saratogabiochar.com

Glens Falls TODAY: Morning Brief – Episode 67: Queensbury Cannabis Regulations | 12/16/22

Today, Gary discusses updates to the local laws regarding cannabis retailers in Queensbury. Also, Glens Falls City School District weighs in on the state’s new mascot mandate, the Lake George Land Conservancy purchases new properties around Indian Brook, the “Meet Lake George” tourism resource website relaunches, and the HOPE Holiday Gift Boutique comes to Glens Falls High School. Finally, Lake George conservation icon Jeff Killeen has sadly passed away.

00:02 – Intro
00:41 – Ad Break 1
01:46 – Story 1: Glens Falls School District Discusses Mascot Mandate
03:55 – Story 2: Land Purchase Protects Indian Brook
05:53 – Ad Break 2
06:17 – Story 3: Queensbury Cannabis Regulations
09:23 – Story 4: “Meet Lake George” Relaunch
10:47 – Story 5: HOPE Holiday Gift Boutique
12:18 – Story 6: Lake George Conservationist Jeff Killeen Dies
13:51 – Outro

Stories Cited:
Glens Falls School District Discusses Mascot Mandate – Post Star
https://poststar.com/news/local/glens-falls-city-school-district-discusses-the-effects-of-mascot-mandate/article_69364d58-7b0f-11ed-a0e6-b375471788fb.html

Land Purchase Protects Indian Brook – Sun Community News
https://suncommunitynews.com/news/100409/land-purchase-protects-indian-brook-watershed/

Queensbury Cannabis Regulations – Post Star
https://poststar.com/news/local/queensbury-plans-to-mirror-state-cannabis-sales-regulations/article_a112e640-7bba-11ed-a197-331263900cc2.html

“Meet Lake George” Relaunch – News 10
https://www.news10.com/news/north-country/lake-george-tourism-resource-gets-winter-relaunch/

HOPE Holiday Gift Boutique – Glens Falls TODAY
https://glensfallsbusinessreport.com/gfsd-hope-boutique-a-huge-success-with-help-from-volunteers-and-lia-auto-group/

Lake George Conservationist Jeff Killeen Dies – News 10
https://www.news10.com/news/north-country/jeff-killeen-lake-george-conservation-icon-dies/https://www.news10.com/news/north-country/jeff-killeen-lake-george-conservation-icon-dies/

Residents Displaced and Animals Perish Due to Frederick Street House Fire

33 Frederick Street

At 7:00 PM on Wednesday evening, both Glens Falls Fire Department and Glens Falls Police Department responded to a 911 emergency call regarding a fire at 33 Frederick Street in Glens Falls. Within 15 minutes of arrival, GFFD had the three-alarm fire under control, and the fire was fully extinguished within 30 minutes. 

No injuries were reported, but the fire displaced two residents. There was no assistance needed by the Red Cross, and the displaced residents both stayed with family members. Two dogs got out of the house safely; however, two cats and two rabbits perished. 

The fire was contained to the kitchen area in the rear of the structure; however, there was some heat damage and smoke damage in other areas of the structure. The cause of the fire is still under investigation by both the GFFD and GFPD.