Your Local Legal Guide for Kingston, Newburgh, Poughkeepsie & Beyond
At O’Connor & Partners, PLLC, we don’t just work in the Hudson Valley; we live here. We know that the risks you face on the Taconic are different from those in NYC. We understand the specific dangers of local construction sites, farms, and seasonal tourism.
Below are answers to the most common (and critical) questions we hear from our neighbors in Ulster, Orange, Dutchess, Greene, and Columbia counties.
Traffic & Commuter Accidents in the Valley
I was injured in a crash on the Taconic State Parkway. Is the state liable for the road design?
The Taconic is notoriously dangerous due to its narrow lanes, sharp curves, and lack of shoulders. While driver negligence (speeding, distracted driving) is the most common cause of action, yes, you can sometimes sue the State of New York if a specific road defect or lack of maintenance caused the crash.
- The Catch: Claims against the state must be filed in the New York Court of Claims, and you have a strict 90-day deadline to file a “Notice of Intention to File a Claim.”
- Common Claims: We investigate cases involving median crossover accidents, inadequate signage, or dangerous pooling of water/ice near Poughkeepsie and Hopewell Junction.
- “Many people wait too long to call an attorney after car crash,” says Carey C. Beyer, a Partner with O’Connor & Partners. “Claims against the State have very short deadlines that can kill a case if you don’t get moving right away.”
Who pays my medical bills after an accident on I-87 (The Thruway) or Route 17?
New York is a “No-Fault” state. Regardless of who caused the crash on the Thruway or Route 17 (future I-86), your own auto insurance Personal Injury Protection (PIP) covers your initial medical bills, lost wages, and household services up to $50,000.
- Beyond No-Fault: If your injuries meet the NY “Serious Injury Threshold” (e.g., fractures, significant disfigurement, permanent limitation, or others), we can file a lawsuit against the at-fault driver to recover damages for pain and suffering—something PIP does not cover.
- “You have 30 days to submit an application for No Fault benefits.” says Carey Beyer. “However, while No Fault is great for covering out of pocket expenses, it doesn’t provide any compensation for pain and suffering. You need a lawsuit against the responsible party for that.”
I was hit by a Winery Tour Bus or Shuttle. Who do I sue?
The Hudson Valley wine trail (especially around Marlboro, New Paltz, and Warwick) sees heavy tour bus traffic. If you are injured as a passenger or a driver hit by one of these buses, you may have a claim against:
- The Bus Company: For negligent hiring, driver fatigue, or negligent maintenance of the bus.
- The Tour Operator: For overbooking or safety violations.
- The Driver: For specific errors.
- Note: These are often commercial vehicle cases, which typically carry much higher insurance policy limits than standard car accidents.
“When a commercial vehicle is involved in a crash, you have to dig deep to make sure every responsible company is held to account.” says Carey Beyer. “If you miss someone in the chain, the client may miss out on compensation they deserve.”
Recreational & Tourism Injuries (Skiing, Hiking, Fairs)
Can I sue a ski resort like Hunter Mountain or Windham if I get hurt?
Skiing comes with an “assumption of risk,” meaning you generally cannot sue for falling on your own. However, resort owners are liable if they create “unreasonably dangerous” conditions.
- Valid Claims: We handle cases involving ski lift malfunctions, poorly marked man-made obstacles (like grooming equipment left on a trail), improperly maintained or repaired ski and snowboard rented equipment, and collisions caused by reckless resort employees.
- Downhill Collisions: If another skier crashes into you due to recklessness, you can sue that individual directly.
- “Don’t let the waivers fool you.” says Carey Beyer. “Injuries on a ski slope are commonly caused by risks that aren’t a normal part of skiing that the resort is responsible for.”
I tripped and fell on a broken sidewalk in Kingston or Newburgh. Can I sue the city?
Yes, but these “municipal liability” cases are tough. Most of the time, you must prove the city had sufficient “Prior Written Notice” of the defect.
- What this means: You usually cannot sue for a pothole or cracked sidewalk unless someone else had already reported that exact spot to the city in writing, and the city failed to fix it.
- The Deadline: You must file a Notice of Claim within 90 days of the accident. If you miss this window, your case against the town or city is likely dead.
- “Municipalities write their own rules.” says Carey Beyer. “But that doesn’t mean they’re always immune. If a client calls early enough, they have a much better chance at recovering against a municipality.”
Does O’Connor & Partners handle hiking or ATV accidents in the Catskills?
Yes. While hiking on state land often involves immunity for the State, we investigate cases where:
- ATV/Snowmobile accidents occur due to another operator’s negligence or intoxication.
- Defective products (like a snapping climbing carabiner or a brake failure on an ATV) caused the injury.
- “You have to have the right kind of case.” says Carey Beyer. “I usually tell people to give me a call when they’re in a recreational accident. We can work through what happened and come up with a plan.”
Workplace, Farm & Construction Accidents
I’m a farm worker in the Hudson Valley. Am I covered by Workers’ Comp?
Yes. New York State recently updated its laws (The Farm Laborers Fair Labor Practices Act) to ensure farm workers, including those on orchards and vineyards in Highland and Milton, are entitled to Workers’ Compensation benefits if injured on the job.
- Third-Party Claims: If your injury was caused by defective farm machinery (like a tractor rollover or auger accident), you might also have a “product liability” lawsuit against the equipment manufacturer.
- “You can’t sue your employer if they have workers compensation insurance.” says Carey Beyer. “But if you’re injured on the job by anyone other than your employer or a co-employee, you can still have a case to pay out beyond what workers comp will give you.”
What is the “Scaffold Law” (Labor Law 240) and does it apply to my house?
Labor Law 240 protects workers who fall from heights (ladders, scaffolds). It holds owners and contractors 100% liable for safety failures.
- The “Homeowner Exemption”: Owners of one- or two-family homes (common in our area) are generally exempt from this law unless they directly supervised the work. However, if you were working on a commercial property, apartment complex, or mixed-use building in Albany or Middletown, you likely have full protection.
- “Gravity is incredibly dangerous,” says Carey Beyer. “That’s why the law makes sure that general contractors and commercial building owners are held responsible when a worker falls or something falls onto them on a construction, demolition, or other jobsite.”
Medical & Procedural Questions
Which hospitals in the Hudson Valley have the best trauma records?
In serious injury cases, we often look at medical records from the area’s primary trauma centers. The Level I and Level II trauma centers serving our region include:
- Westchester Medical Center (Valhalla) – Level I
- Vassar Brothers Medical Center (Poughkeepsie) – Level II
- MidHudson Regional Hospital (Poughkeepsie) – Level II
- Garnet Health Medical Center (Middletown) – Level II
- Albany Medical Center – Level I
Do I have to go to your office to start a case?
No. We understand that after a severe injury, travel is difficult.
- We Come to You: We can meet you at your home, or at the hospital (whether you are at Vassar, St. Luke’s in Newburgh, or Kingston Hospital).
- Virtual Options: We can also handle the entire intake process via Zoom or phone.
- “Our clients have enough to worry about after a major injury,” says Carey Beyer. “That’s why we make our process as easy and convenient as possible to fit their needs.”
What towns do you serve?
We serve the entire Hudson Valley and Capital District. Our primary office hubs allow us to cover:
- Ulster County: Kingston, Saugerties, New Paltz, Highland.
- Orange County: Newburgh, Middletown, Goshen, Port Jervis.
- Dutchess County: Poughkeepsie, Fishkill, Beacon, Hyde Park, Rhinebeck.
Have a Question Not Listed Here?
Call O’Connor & Partners, PLLC today. We offer Free Case Evaluations. If you don’t know if you have a case, let us listen to your story and give you an honest answer. (845) 303-8777