Recent Blog Posts
New York’s New Fault-First Rule Hurts Car Accident Victims
New York changed some important rules for car accident lawsuits in 2026. As explained in a recent post on New York’s comparative negligence law change, the state moved away from its old rule for car accident injury cases and adopted a stricter fault rule. Under the new rule, an injured person may receive nothing… Read More »
New York Removes the 90/180 Rule for Car Accident Claims
A significant change to New York’s motor vehicle accident laws took effect in 2026, eliminating the 90/180-day category from the state’s serious injury threshold. The change affects when an injured person may pursue compensation for non-economic losses, such as pain and suffering, after a car accident. At Rusk, Wadlin, Heppner & Martuscello, LLP, our… Read More »
Holding Trucking Companies Liable for Accidents Caused by Fatigued Drivers
Driver fatigue has long been recognized as one of the leading causes of commercial truck accidents in the United States. Operating an 80,000-pound tractor-trailer requires constant attention, quick reaction times, and sound judgment. When a truck driver gets behind the wheel without adequate rest or skips needed breaks, the results can be devastating. Fatigue… Read More »
New York’s New Comparative Negligence Law and What It Means for Car Accident Victims in the Hudson Valley
Car accident claims in New York have always involved questions about fault. Insurance companies routinely argue that injured drivers share responsibility for a crash, using allegations of speeding, distracted driving, improper lane changes, or other conduct to reduce the amount they must pay. However, a recent change to New York law has significantly altered… Read More »
How Traumatic Brain Injuries Can Affect Employment and Future Earning Potential
A traumatic brain injury (TBI) can alter nearly every aspect of a person’s life. While many people immediately think about the physical symptoms associated with brain injuries, such as headaches, dizziness, or memory problems, the effects often extend much further. One of the most significant and lasting consequences of a TBI is its impact… Read More »
The Role of Third Parties in Construction Accident Claims
Construction sites are complex environments involving multiple companies, contractors, and workers all operating at the same time. When an accident occurs, determining who is legally responsible is rarely straightforward. While injured workers often receive benefits through workers’ compensation, many construction accident cases also involve third-party liability, which can significantly expand the scope of available… Read More »
Proving Negligence in a Slip and Fall Case in New York
Slip and fall accidents are one of the most common types of personal injury claims in New York. These incidents can occur almost anywhere, including grocery stores, apartment buildings, parking lots, restaurants, office buildings, and sidewalks. While a fall may seem like a minor incident, the injuries can be serious, including broken bones, traumatic… Read More »
Understanding New York’s Premises Liability Laws
Premises liability laws touch the lives of many New Yorkers every year. Whether someone slips and falls in a grocery store, stumbles on a broken sidewalk in a downtown district, or is injured because of poor lighting in an apartment building, New York law sets out clear rules governing when property owners can be… Read More »
The Emotional and Psychological Effects of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) are often discussed in terms of their physical consequences, such as headaches, dizziness, memory loss, or impaired motor function. However, the emotional and psychological effects of a brain injury can be just as significant, and in many cases, far more disruptive to a person’s long-term quality of life. At Rusk,… Read More »
The Role of Black Boxes in Investigating Truck Accidents
Truck accidents are among the most devastating collisions on New York roadways. Due to the size and weight of commercial trucks, these crashes often result in catastrophic injuries or fatalities, leaving victims and their families facing overwhelming medical, financial, and emotional challenges. Determining exactly how and why a truck accident occurred is a critical… Read More »