Summer in the Capital District is unmatched. Between track season in Saratoga Springs, weekend trips to Lake George, and backyard barbecues in Latham, Upstate New York comes alive when the weather warms up. Unfortunately, this surge in outdoor activity also brings a significant spike in preventable accidents and severe injuries.
At Anderson, Moschetti & Taffany, PLLC, we have spent decades protecting the rights of injury victims throughout Albany, Saratoga and the surrounding counties. We want you to enjoy everything the season has to offer without a trip to the emergency room.
Review our comprehensive summer safety guide to protect your family and understand your legal rights if the unthinkable happens.
1. Motor Vehicle Accidents: The “100 Deadliest Days”
The period between Memorial Day and Labor Day is infamously known as the “100 Deadliest Days of Summer” on our roadways. With schools out, more teen drivers are on the road, increasing the risk of distracted driving crashes. Additionally, the influx of tourists on 787 and heading up I-87 (The Northway) causes heavy congestion and collisions.
Summer Driving Safety Tips:
- Talk to your teens: Enforce strict rules about zero cell phone use while driving and limit the number of teenage passengers allowed in their vehicle.
- Watch for motorcycles: Summer is peak riding season. Always check your blind spots twice before changing lanes on I-90 or I-87.
- Never drink and drive: Track season and summer concerts at SPAC often lead to an increase in DWIs. Always designate a sober driver or use a rideshare service.
Your Legal Rights: If you are hit by a negligent or distracted driver, New York’s No-Fault insurance law will cover your initial medical bills and wages (up to $50,000) regardless of fault. To secure compensation for pain and suffering, we can file a personal injury lawsuit against the at-fault driver.
2. Boating Accidents on Local Lakes
From Saratoga Lake to the Great Sacandaga, boating is a staple of an Upstate New York summer. However, operator inexperience, speeding, and Boating Under the Influence (BUI) frequently lead to catastrophic collisions and drownings.
Critical Update: Brianna’s Law is Fully in Effect
If you operate a motorized boat or personal watercraft (like a Jet Ski) in New York, you must be aware of Brianna’s Law. As of January 1, 2025, the phased rollout of this law concluded. All operators of motorized vessels, regardless of age, must now hold a valid New York State boating safety certificate. Operating a vessel without one is illegal and serves as strong evidence of negligence if you are injured by another boat operator without the certificate.
Boating Safety Tips:
- Ensure every passenger has a U.S. Coast Guard-approved life jacket that fits properly.
- Never consume alcohol while operating a boat or personal watercraft.
- Maintain a safe speed and observe all “no wake” zones.
3. Premises Liability: Swimming Pools and Backyard Barbecues
Property owners have a legal obligation to keep their premises reasonably safe for guests. When they fail to do so, summer parties can quickly turn tragic.
Swimming Pool Safety & Attractive Nuisance:
Drowning is a leading cause of accidental death for young children. Under New York’s “Attractive Nuisance” doctrine, property owners can be held strictly liable if a child wanders onto their property and falls into an unsecured pool.
- Safety Tip: Ensure your pool is completely enclosed by a fence at least 48 inches high, with a self-closing, self-latching gate located out of a child’s reach. Never leave children unattended near water, even for a moment.
Grilling and Fire Pit Accidents:
Defective grills, improperly maintained propane tanks, and poorly placed fire pits frequently cause severe burn injuries.
- Safety Tip: Keep grills and fire pits at least 10 feet away from your home, deck railings, and overhanging branches. Never use gasoline to ignite a backyard fire pit.
4. Construction Zone Accidents
In Upstate New York, summer is synonymous with road construction. Highway work zones on I-87 and local road paving projects create hazardous driving conditions. Rear-end collisions are common as traffic suddenly slows down, and construction workers are highly vulnerable to being struck by distracted drivers.
Work Zone Safety Tips:
- Reduce your speed the moment you see orange construction signs.
- Merge early if a lane closure is ahead.
- Pay strict attention to flaggers and temporary traffic patterns.
Note for Workers: If you are a construction worker injured by a negligent driver or due to an unsafe job site condition (such as a scaffold collapse or lack of safety equipment), you may have the right to file a third-party lawsuit under New York Labor Laws, in addition to collecting workers’ compensation benefits.
What to Do If You Are Injured This Summer
If your summer is derailed by an accident caused by someone else’s negligence, take these crucial steps:
- Seek immediate medical attention. Adrenaline can mask the symptoms of severe injuries.
- Report the accident. Call 911 for car or boating crashes or demand a written incident report if you are injured at a commercial property.
- Document everything. If possible, take photos of the scene, the hazard that caused your injury, and your visible injuries. Try to obtain names from witnesses.
- Do not speak to insurance adjusters. Let your attorney handle the communication to ensure your rights are protected and you are not tempted by a quick low value settlement.
Secure Highly Experienced Legal Representation
You deserve to enjoy a safe summer. But if tragedy strikes, you need a powerhouse legal team to protect your future.
The attorneys at Anderson, Moschetti & Taffany, PLLC possess over 100 years of combined experience and a proven track record of record-setting verdicts and settlements in the Capital District. We handle all personal injury cases on a contingent fee basis—meaning you pay nothing unless we win your case.
Contact our offices in Latham or Saratoga Springs today for free, strictly confidential consultation.
Anderson, Moschetti & Taffany, PLLC
(518) 785-4900
26 Century Hill Drive, Suite 206, Latham, NY 12110
6 Butler Place, Saratoga Springs, NY 12866