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The weather did it?

cars in rain

Every year in New York State, there are dozens, if not hundreds, of motor vehicle accidents caused by negligent driving practices in poor weather conditions. Collisions are not limited to snowstorms and freezing rain. Even summer has its share of heavy rainfalls that can turn streets and highways into high-risk thoroughfares. The most responsible drivers…

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Suing a child for a personal injury in New York

car and bicycle accident

At first, the thought of an adult suing a child seems ridiculous and even petty, but there are cases where it may be warranted, especially in personal injury law. Imagine you are walking through Central Park on a weekend afternoon, enjoying the fall weather. Suddenly a rock, thrown by a child who looks no older…

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Compensatory vs. punitive damages

car crash at night

The spring weather has been so beautiful lately that you decided to go for a jog in Central Park. Unfortunately, when you crossed the street to catch the bus, a distracted driver struck you, resulting causing you to break your arm and dislocate your knee. Rather than stop and see if you were hurt, the…

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Staying safe during the Memorial Day weekend

amusement park rides

Memorial Day is drawing ever closer, and while most New Yorkers are looking forward to taking a day off from work and spending an enjoyable time with friends and family, the reality is that the holiday weekend is one of the most dangerous times of the year for accidents. DWI accidents are common The U.S.…

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The most common spring personal injuries

bicyclist and car on street

When the weather grows warmer, people spend more time outside. While the fresh spring breezes are both healthy and uplifting, melting snow and ice create damp and slippery conditions that turn indoor and outdoor surfaces into hazards. Increased car and bicycle traffic and the presence of more dog owners walking their pets also contribute to…

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E-bike injuries in New York

bike bicycle

The e-bike phenomenon has been strong in Asia and Europe for a long time, and it’s now catching on here in the United States. Electric bikes, or e-bikes for short, are regular bicycles with built-in electrical systems that consist of a motor, battery, and a means of controlling the resulting power. New Yorkers have a…

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Wearable technology in personal injury claims

running with smartwatch and cars

From the Apple Watch to the FitBit to the Motorola 360, wearable technology has made rapid inroads into our lives. Depending on the device, we can use it to track our fitness levels, send emails and text messages, call people and more. Now it could help validate your personal injury claim. Smartwatches as evidence Smartwatches…

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The permissive use doctrine in New York automobile accidents

car insurance policy

Imagine this scenario. You are driving to the store for a late-night grocery run when another vehicle collides with yours, causing you to suffer significant injuries. When the police arrive, they discover that the other driver, who ran a red light, was not the actual owner of the car. Who can therefore be held liable…

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How does the eggshell skull rule affect a personal injury case?

eggs concert for personal injury eggshell skull rule

Imagine that you’re driving through the Bronx, en route to meet friends at a newly opened cocktail lounge. When you stop at a red light, a distracted driver rear-ends you. Your seat belt prevented you from hitting your head on the windshield, but your injuries are still serious. This is because you have osteogenesis imperfecta,…

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Common summertime personal injuries

bicycle and car accident, crosswalk

Although Labor Day has passed and school is in session, temperatures are still warm and people remain in the summer holiday spirit. For some, this means weekends away, hours in the swimming pool, and other continued warm weather fun. Although relaxing and enjoyable, summer activities are not without risks. To lessen the chances of an…

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Jaywalking injuries in New York City

New York City’s streets are chaotic, but laws are still in place. If you are using a crosswalk in proper accordance with the signal being displayed and a motor vehicle hits you, then the driver will most likely be held at fault. Even if a crosswalk lacks signals, drivers are legally obligated to give you…

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Whiplash injuries in New York

spine injury

If you were recently in a motor vehicle accident—as a driver or passenger- and now suffer from persistent and excruciating neck and / or back pain, then you may have suffered whiplash in the collision. Whiplash is a commonly used term for neck sprains and strains that occur when your neck is suddenly and violently…

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The rights of injured passengers in New York car accidents

car with driver and passengers

After a collision occurs, passengers have the same rights as drivers when it comes to seeking compensation for their injuries, which may include: Traumatic brain injury and/or facial trauma from striking the dashboard or window Whiplash and back injury from being rear-ended Widespread physical trauma from a side-impact collision Who is legally obligated to provide…

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Can part-time employees receive workers’ compensation in New York?

Worker’s compensation plays an indispensable role in the nation’s employment system. It ensures that if you are injured while carrying out employment-related duties, your medical costs are covered. Many people, however, wonder if this protection is also extended to part-time employees. The answer is, yes. New York is not an elective state when it comes…

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Bringing a personal injury claim against the government

court case scales of justice

All kinds of injuries occur on public property. People trip on defective sidewalks, vehicles collide when traffic lights malfunction, and pedestrians stumble into excavation sites that are poorly marked, especially at night. In these cases, the agency responsible for maintaining the sidewalks or traffic signals should be held legally responsible, and they can be, under…

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Car accident caused death of 3 on Halloween

It is imperative that this year, we all take serious precautions on Halloween as we should every day of the year. Last year’s car-pedestrian crash in the Morris Heights section of the Bronx highlights faced by car drivers and trick-or-treaters. A truck driver, who was driving a sedan at the time of the accident, twice…

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Motor vehicle accidents

Not all motor vehicle accidents are harmless fender-benders. Many are major collisions that result in serious injury and even death, forever changing the lives of the victims and their loved ones. According to the U.S. Department of Transportation, 1,039 New Yorkers were killed in car crashes in 2014, and injury totals were even higher. Leading…

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Bicycle accident injuries in New York

Throughout New York State, people use bicycles for transportation, exercise, and recreation. Unfortunately, bicycles offer little protection from common road hazards, so when an accident occurs, the resulting injuries can be catastrophic. Most New York bicycle accidents can be attributed to one or more of the following factors: Motorists that fail to share the road,…

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Injured on a New York City bus? Here’s what to do

When you ride the bus to get to work or school or to accomplish an errand, you rely on it to carry you safely to your destination and back. Unfortunately, that doesn’t always happen. Every year literally thousands of people are seriously injured or even killed in bus-related accidents, many of which are caused by…

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What should I do if I think multiple parties caused my car accident?

cars

If you have recently been injured in a car accident, then you are probably overwhelmed with the process of trying to keep up with your own medical bills and treatment. Hiring the right New York personal injury attorney is an important first step in protecting your rights and ensuring that you are represented aggressively in…

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What Is negligence and why does it matter for my personal injury case?

negligent driving

In order to have a viable personal injury claim in which you are fighting for compensation, you must be able to demonstrate that the injuries you sustained were associated with another individual’s negligence. When you can demonstrate that the injuries you sustained were tied to another’s reckless actions, you open up the possibility of recovering…

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How soon after an accident should I file a liability claim?

After you’ve been involved in a car accident in New York State, you need to contact your insurance company as soon as possible in order to initiate the process of filing a claim. If you meet the serious injury threshold in the state, however, you may also need to speak to a personal injury lawyer…

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What to do if you are hurt on your bike in New York

bicycle by street

Many individuals across the state of New York use bicycles to get to work or simply for leisure or the health benefits. According to research from the National Highway Traffic Safety Administration, 700 cyclists suffer fatal injuries as a result of bicycle accidents with motor vehicles every year. A further 32,000 individuals suffer serious injuries…

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Three key steps to take post-car accident

There is no doubt that it is an unfamiliar and scary experience to go through a car accident. Even if you are generally an organized person, it is normal to feel like things are chaotic and hectic post-accident. One of the most critical things you can do in this dizzying time is to consult with…

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How does speed influence road safety?

Speed increases both the risk and severity of a car crash. Aside from being against the law, speeding can put you and others at serious risk. This is true even if there are no other risk factors, like distractions or adverse weather conditions, in play at the time of the accident. Across high-income countries, speed…

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A statistical summary of New York City bicycle accidents

On September 19, 2014, a bicyclist in New York City hit a woman head on, after swerving to avoid a group of pedestrians that had gathered near a popular attraction in Central Park. The incident marked the second time within two months that a cyclist hit and killed a pedestrian inside of the nation’s most…

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Does New York require cyclists to have insurance?

bicycle theft and accident nyc

In February of 2011, a New York State Assembly representative introduced a bill that would have made bicycle insurance mandatory for cyclists. The bill’s primary purpose was “ensuring personal protection for cases such as bicycle theft or bicycle accidents. With a recent high increase in bike use on roads, rising from 30% in 1980, and…

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Laws that apply to New York City commercial cyclists

bicycle commercial delivery

Because of crowded New York streets, courier services and businesses that send important documents to other businesses and government agencies employ commercial cyclists to deliver information. Commercial cyclists have unique bicycle laws to follow, as well as laws that pertain to all cyclists. New York City laws exclusive to cyclists Working cyclists must wear employer…

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The legal rights of New York cyclists

road accident attorney

Article 34 of New York State law covers a wide range of statutes that pertain to cyclists. Some of the laws address cyclist negligence, such as Section 1233 that prohibits cyclists from clinging to motor vehicles. However, Article 34 contains a few statues that grant cyclists legal rights. Legal protection against driver negligence Motor vehicle…

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Overview of the New York bicycle helmet law

After living through one of the worst winters on record, New Yorkers from all over the state have taken to the paths and streets on bicycles. The sheer joy of gliding with the wind and traveling through some of the most picturesque scenery in the United States attracts cyclists from other states as well. However,…

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How to handle the aftermath of a bicycle accident

bicycle accident with car

Every year, the New York State Department of Motor Vehicles presents accident statistics that cover a wide variety of operating scenarios. In 2012, over 6,000 bicycle accidents caused by vehicles occurred on New York highways and street, 45 of which turned out fatal. Add the number of times bicyclists hit stationary objects such as trees…

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A summary of bicycle accident statistics in the United States

bicycling

For the latest year available for a summary of bicycle accident statistics in the United States, 2012 represented a near record in terms of bicyclist deaths and injuries. According to the National Highway Traffic Safety Administration (NHTSA) 726 bicyclists lost their lives during 2012. Although the number of bicyclist fatalities fell below 2001 numbers, 2012…

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Taxi accident with another vehicle

car crash lawyer in bronx

In Almeida v. Ben Gor Taxi, the plaintiff Gastao Almeida, age 72, sought compensation for personal injuries sustained when the taxicab owned by Ben Gor Taxi struck the plaintiff’s vehicle in the rear. According to the plaintiff’s testimony, their injuries were to the extent that the accident resulted in considerable back pain and the significant…

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What to do if you are involved in a taxi accident

taxi accident

Taxicabs and liveries are one of the most common modes of transportation used in the New York State. Though the public trusts its taxi drivers to be licensed and experienced, sometimes, despite having taken all necessary precautions, passengers and pedestrians fall victim to unfortunate accidents. In the event of an accident, the passenger retains certain…

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Bicyclist hit by car sues for damages of pain and suffering

bike lane accident

In the summer of 2011, a man was bicycling on an avenue in Brooklyn, New York. He was going north and had passed across street when someone driving in an SUV towards that avenue turned right onto the avenue. The bicyclist, who was in a bicycle only lane, alleged that the driver hit him from…

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A case of dangerous highway guardrails

highway accidents

Highway guardrails are supposed to keep us safe, right? A June 19, 2014 Bloomberg Businessweek article relates the story of a lawsuit that may prove that the end terminals of guardrails are, in fact, dangerous. One man, Joshua Harman’s company, went through a bankruptcy, laying off most of its workers after Trinity Highway Products sued…

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Tort reform law is invalid

To learn more the basics about torts, read this recent blog: What is a “tort?” Tort reform is when there changes in the current tort laws and the changes are aimed at reducing the number of cases that are brought for tort claims or damages.  Moreover, tort reform laws vary by state.  About three years…

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What is a “tort?”

injuries and torts

Many people are unaware of what the term tort entails. A tort is an injury or harm that one sustains and it can either be private or civil as reported by the Western Producer in an April 17, 2014 article.  Moreover, the injury can be unintentional, meaning that it was caused by an accident, or…

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New York City hit-and-run accident data to be recorded, organized and made public

Bronx accident attorney

Hit-and-run accidents can be fatal. To families and friends of victims of these tragic accidents, it is disheartening that justice cannot be served, because without additional information, the police cannot conduct an investigation. In addition, leaving the scene of an accident is a crime. In fact, according to advocate streetsblog.org, leaving the scene of an…

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Fault vs. No fault insurance

auto insurance in court

Every auto owner in the United States must have auto insurance coverage in the state where he or she resides. However, many people do not do this as they shop around for cheap auto insurance and obtain auto insurance in states where the insurance premiums are lower compared to the state where they reside. The…

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How to prove that someone caused an accident

Car Accident Police Report

On one hand there are states that assign fault to the drivers in an automobile accident, whereas on the other hand there are states that do not assign fault to drivers in an accident. In these fault states it might be difficult to prove that the other person caused the accident due to his reckless…

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Why take photos after an accident?

Car Accident Attorney, New York

Safety first After an accident, you should always check on everyone’s safety. If anyone is injured, then you should call 911 for an ambulance. You should do this before taking photos of the vehicles involved in your accident and the accident scene itself. Another basic rule of accident photography may seem obvious—you should never put…

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