Pedestrians
What is foreseeability in personal injury law?
A lot of elements come into play in personal injury cases. Concepts like causation, negligence, and duty of care all determine whether you are entitled to compensation for your injuries and financial losses. With some personal injury claims, an additional concept applies—foreseeability. Foreseeability refers to the issue of whether a reasonable person would have foreseen…
Read MoreSpringtime injuries to watch out for
At the first sign of spring, we start making some lifestyle changes. The heavy winter clothing goes back in the closet for another year. If a destination is within walking distance, then the car stays home. Public parks become busier. Like winter, however, spring has dangerous conditions. There are accidents that appear to occur or…
Read MoreA closer look at school bus safety
According to the American School Bus Council, nearly 25 million children take the bus to school every weekday. Each time a parent sends their children off to class, they trust that the trip to and from school take place without incident. Unfortunately, parents in Indiana, Florida, Mississippi, and Pennsylvania have suffered terrible losses in recent…
Read MoreThe weather did it?
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…
Read MoreSuing a child for a personal injury in New York
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…
Read MoreHow to have a safe Thanksgiving
Thanksgiving is just around the corner. With our minds on roast turkey, cornbread, pumpkin pie, and a celebratory family dinner, it’s easy to forget that the Thanksgiving weekend is one of the most dangerous ones for motorists. There are also other risks associated with hot cooking appliances, improper food preparation, and more. Here are some…
Read MorePokemon GO and video game accidents
Pokémon Go is arguably the most popular mobile video game of all time. This smartphone game app enables players to hunt down and capture their favorite Pokemon character in the real world using the same technology that powers Google Maps. Although it has been hailed as a way of getting game-obsessed teens out of their…
Read MoreCompensatory vs. punitive damages
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…
Read MoreNew York’s first automobile fatality
On May 3rd, 85-year-old Olimpia Davidovici was struck at West End Avenue and 70th Street by a Jeep traveling north on West End Avenue. She was rushed to the closest hospital, where she died. People living in the area complained that the area was always dangerous for pedestrians, with cars turning south onto West End…
Read MoreStaying safe during the Memorial Day weekend
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.…
Read MoreThe most common spring personal injuries
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…
Read MoreRoad rage—An ongoing concern in New York
Last November, a van and an automobile had a minor collision at the intersection of Third Avenue and 67th Street in Bay Ridge. The van driver and a 65-year-old man who was a passenger in the car both exited their vehicles and started an argument that ended in the van driver getting back behind the…
Read MoreWearable technology in personal injury claims
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…
Read MoreThe permissive use doctrine in New York automobile accidents
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…
Read MoreHow does the eggshell skull rule affect a personal injury case?
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,…
Read MoreCommon Halloween injuries to watch for
As children, we loved Halloween for a number of reasons: the scary costumes, the thrill of stuffing our bags with candy, and the joy of running around the neighborhood with our friends. We also enjoyed being scared by the idea of ghosts, ghouls, and other monsters lurking in the dark. Now that we’re adults, and…
Read MoreSchool bus injuries in New York: What parents should know
Comparatively few children live within walking distance of their school, making it necessary for them to take the bus. While the majority of trips take place without incident, it is, regrettably, not uncommon for parents to receive a call that their son or daughter has been hurt while riding to or from school. One of…
Read MoreCommon summertime personal injuries
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…
Read MoreJaywalking 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…
Read MoreWhiplash injuries in New York
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…
Read MoreThe rights of injured passengers in New York car accidents
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…
Read MoreATV Safety
Over the Memorial Day weekend, a high school teacher was involved in an all-terrain vehicle (ATV) crash that led to her death in western New York State. The teacher crashed her ATV on a rural road in Yorkshire. She was only 33 years old. ATV crashes, many of which result in serious injuries, occur regularly…
Read MoreCan 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…
Read MoreBringing a personal injury claim against the government
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…
Read MoreUber injuries in New York
Uber, Lyft, and other ridesharing services have increased in popularity across New York State. They appeal primarily to commuters who either dislike or do not have access to public transit but find regular cab travel cost prohibitive. A couple of taps on their Uber smartphone app and they’re off. When you travel in a motor…
Read MoreCar 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…
Read MoreMotor 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…
Read MoreInjured 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…
Read MoreWhat should I do if I think multiple parties caused my car accident?
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…
Read MoreWhat to do after you have been injured in a pedestrian accident
Pedestrians who are struck by cars in the state of New York may sustain serious injuries that impact them for many years to come. Some of the most common injuries associated with pedestrian accidents in New York include back injuries, head injuries, internal bleeding and other trauma that can require serious and immediate medical treatment.…
Read MoreWhat financial compensation would I be eligible to receive in a New York personal injury case?
After you have been seriously injured in an accident in New York, you probably have many questions about whether or not you are entitled to file a personal injury case. If someone else’s reckless or negligent behavior is the cause of your injuries, then you may be entitled to financial compensation for expenses and loses…
Read MoreWhat Is negligence and why does it matter for my personal injury case?
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…
Read MoreHow 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…
Read MoreWhat is the most important quality in a personal injury attorney?
After you have been injured in an accident in New York, you need to hire a personal injury attorney you can trust. With so many lawyers out there, it can be difficult to narrow down your list and determine who is most appropriate to help you. One of the most important qualities to look for…
Read MoreThree 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…
Read MoreIs the settlement I received for my personal injury lawsuit taxable?
For the most part, proceeds received as a result of a personal injury claim are not taxable under state or federal law, and it does not matter whether this case was settled outside of court or as a result of a jury  verdict. In the majority of situations, the state and federal government cannot tax…
Read MoreHow 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…
Read MoreThe high cost of car accidents
According to the National Highway Traffic Safety Administration, 2010 data indicate that the cost of lost productivity and lives from car accidents hovers around $1 trillion. Sadly, an injured individual is not the only person who suffers after an accident, although he or she is likely to carry the heaviest burden. Employers, too miss out…
Read MoreAvoiding accidents at outdoor concerts
When your favorite band is coming to town, it can be very tempting to forget about safety for the night and focus on the music. Without proper safety awareness, though, a fun concert can lead to serious injuries. When attending a concert, it is a good idea to be mindful of issues both in the…
Read MoreHow multitasking contributes to accidents
With many people juggling hectic schedules and massive to-do lists, it is no surprise that multitasking has become the method by which most people operate on a daily basis. Doing this in the car, however, can contribute to dangerous accidents. Texting and driving certainly have the worst reputation for being distracting, but it is not…
Read MoreThe impact of speed limit on accidents
If you have already been a car accident victim in New York City, then you know just how quickly your entire life can change because someone else is willingly or unknowingly breaking the law with regard to speed. In 2014, New York City lowered the default speed limit within the city from 30 miles per…
Read MoreRearview cameras mandated by 2018
As cameras have become more commonly used for social media purposes, it is no surprise that the interest in cameras has extended to using them inside vehicles for protection purposes. Rearview cameras are already an optional feature in many newer vehicle models, and lawmakers are seeing to it that this is mandatory going forward. At…
Read MoreA 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…
Read MoreBeware of riding in the car with a negligent driver
When you get in the car while someone else is driving, it’s unlikely you’re going to put a whole lot of stock in thinking about that person’s driving skills. That being said, being in the vehicle with a negligent driver could put you in harm’s way in the event of a serious accident. Accidents can…
Read MoreThe legal rights of New York cyclists
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…
Read MoreTaxicab accident involving a pedestrian
In the case of Velez v. Almonte, the plaintiff Ricarda Velez sought damages for injuries sustained due to the negligence of the defendant, Luis Almonte. According to the plaintiff’s testimony, she was in the process of exiting the taxicab operated by Luis Almonte when it ran over her left foot. Her right foot became twisted…
Read MoreTaxi accident with another vehicle
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…
Read MoreWhat to do if you are involved in a 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…
Read MoreInfographic: Taxi & Livery Cab Crashes in New York City
If you are unable to view the infographic below, then click here.
Read MoreAccident case involving a taxi and a pedestrian
The case of Linton v. Nawaz serves to illustrate the convoluted and conflicted nature of personal injury cases involving taxicab accidents. In the case, John R. Linton, a pedestrian, was struck by a taxicab operated by Muhammad Nawaz, the defendant. Following the impact, the taxi jumped the curb and pushed the plaintiff’s body into a…
Read MoreJudge does not permit release of cellphone records after car accident
A pedestrian died from injuries sustained in a collision with a car. The administratrix, or person in charge of the pedestrian’s estate after his death, and her attorney created an accident reconstruction model according to a July 23, 2014 New York Law Journal article. According to this model, the driver of the car should have…
Read MoreStaying in control after an accident
If you are involved in a motor vehicle accident, then there are many things on your mind. You will have to focus and prioritize during this stressful time. Therefore, the first thing on your mind should be the damage caused by this accident. Was anyone hurt? Does anyone need immediate medical attention? Do you immediately…
Read MoreTort 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…
Read MoreWhat is a “tort?”
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…
Read MoreNew York City hit-and-run accident data to be recorded, organized and made public
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…
Read MoreStatistics on texting while driving and car accidents
While many people might think that texting while driving is not a major issue, it is. Texting while driving can result in a serious life threatening accident. “Each day in the United States, more than 9 people are killed and more than 1,060 people are injured in crashes that are reported to involve a distracted…
Read MorePedestrians who run into oncoming traffic are responsible for accident
Pedestrians are supposed to cross at a designated crosswalk. If a pedestrian crosses midblock and is struck by an oncoming vehicle, then he or she might be responsible for his or her injuries. About two years ago a pedestrian in Queens, New York crossed in a midblock section of a street, emerging from between two…
Read MoreFault vs. No fault insurance
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…
Read MoreHow to prove that someone caused an accident
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…
Read MoreBronx accident attorney on an injured persons’ call records being used at trial
In an accident where a truck driver struck a pedestrian, the court allowed the “ pedestrian’s cellphone records into evidence†to show that the pedestrian was responsible for the accident as she was on the phone at the time the accident occurred, as reported by the New York Law Journal in an April 25, 2013…
Read MoreHeadphones increases accidents
Many people in New York City run to keep in shape and/or to reduce heart or health problems. Many runners listen to music while running, which makes the run seem shorter and less intense, and which increases one’s endorphins. The music that  the runners listen to can be distracting or too loud which prevents them…
Read MoreBronx attorney comments on pedestrians who run into oncoming traffic that are responsible for accident
Pedestrians are supposed to cross at a designated crosswalk. If a pedestrian crosses midblock and is struck by an oncoming vehicle, then he or she might be responsible for his or her injuries. About two years ago a pedestrian in Queens, New York crossed in a midblock section of a street, emerging from between two…
Read MoreTraffic laws can decrease drunk driving under certain circumstances, study finds
An effective traffic law Drunk driving: was it the law? Drunk driving is a leading cause of traffic accidents, injury and death. A study found that a 2008 law impacted the number of drunk drivers in the São Paulo area of Brazil. The study began before the law was written and enacted. Between 1970 and…
Read MoreWhy take photos after an accident?
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…
Read MoreFailure to stop leads to Brooklyn’s woman’s death
According to a January 26, 2013 Brooklyn Daily article, a bus accident in Brooklyn leads to the driver walking away and a woman dead. Prior to the accident the woman, Lorraine, was waiting for the BM2 bus with her husband. Due to the cold weather they chose to wait in their car. Once the couple…
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