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Moped Accident: I Got Hurt on My Revel

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Moped Accident: I Got Hurt on My Revel

This month, a CBS reporter for New York City was killed while riding as a passenger on a Revel rental electric moped. The accident was the latest, and most tragic, in a series of accidents that have occurred on Revel mopeds. Touted as the next generation in rented transportation, much like Divvy bicycles and Lime motorized scooters, Revel mopeds pose significantly more risk of more severe injuries given the size and speed of these vehicles on the road. If you or someone you know has been injured in a Revel moped accident, you need to speak with a personal injury attorney about your case right away.

At the Law Offices of Justin D. Brandel in New York, our team of highly qualified legal professionals is here to provide you with zealous and dedicated attention for your personal injury claims. With offices in New York and Brooklyn, call or contact us today to schedule a consultation of your case.

Who can be Injured in a Revel Moped Accident?

Revel is an electric moped rental service that allows users with a valid driver’s license and five dollars to rent a motorized moped with absolutely no training required. These mopeds can go up to 30 miles per hour, and a motorcycle license is not required. Within the first year of operation, there have already been multiple serious accidents involving Revel mopeds in New York. But it is not just the driver of the moped who is at risk. Many people can be injured in a Revel accident, including the moped driver, moped passenger, drivers and passengers in other vehicles on the road, motorcyclists, bicyclists, and pedestrians.

Injuries on a Revel Electric Mopeds

Even with a helmet and proper safety gear, the injuries caused by a Revel accident can be long-term and severe. An electric moped provides none of the protection of a larger, covered vehicle so when an accident happens, there is nothing to protect the moped riders from the impact of the crash. In some cases, the injuries can be permanent, catastrophic, and in a recent unfortunate case of a New York City CBS reporter – fatal. Some of the most common injuries being reported in moped accidents includes the following:

  • Head injuries
  • Traumatic brain injuries
  • Neck injuries
  • Facial trauma
  • Spinal cord injuries
  • Broken bones
  • Lacerations and road rash
  • Nerve damage
  • Soft tissue damage
  • Internal organ injuries
  • Internal bleeding
  • Paralysis
  • Death

If you or a loved one is injured in a moped accident while on a Revel, it is critical that you seek immediate medical treatment for assessment and triage of your injuries. Then, as soon as you are able, you need to speak with an experienced personal injury attorney about your legal options.

Compensation for a Revel Moped Accident Injury

Compensation for an accident that occurred with a Revel electric moped includes damages for economic and noneconomic losses. Economic damages compensate an injury victim for their out-of-pocket costs associated with the accident, including all medical bills, lost wages, loss of future income and benefits, and any property damage. Medical expenses include all present and future medical costs, including transportation, treatment, surgeries, medication, rehabilitation, medical devices, and any long-term care. Non-economic compensation includes damages for all pain and suffering, emotional distress, loss of enjoyment of life, disability, and disfigurement.

In the worst Revel accidents, where the injuries are fatal to the victim, the family of the deceased can also file a claim for wrongful death. This compensates the family of the victim for all final medical expenses, funeral and burial costs, and for the loss of love, guidance, companionship, and counsel of their loved one.

However, it is important to note that for cases involving personal injury on a Revel electric moped and all other types of personal injury cases, the state of New York utilizes a pure comparative fault rule. The court determines the degree of fault for each party involved in the case and reduces the compensation by that percentage. For example, if a Revel accident victim sustained $100,000 in damages and is found 10% at fault, their award is reduced to $90,000. This is why you need an experienced personal injury attorney by your side to protect you against any claims of fault after an accident.

Moped Accident: I Got Hurt on My Revel

There are many parties that may ultimately be liable in a Revel moped accident. If the accident was caused by the driver of the moped, he or she is liable for all injuries inflicted upon a passenger, other motorist, pedestrian, bicyclist, or any other victim involved in the accident. The same applies to the driver of another larger vehicle that does not check for Revel mopeds on the road and causes a crash. That driver would then be liable for the damages inflicted upon the Revel rider in the crash.

Revel may also be a liable party if the accident was caused by a defect or equipment failure on a moped that ultimately caused the crash. It is the company’s responsibility to maintain their fleet of moped vehicles and provide regular maintenance on them. If the accident occurred because of a glitch in the electronics, brake failure, or other malfunction, the company may be liable for any damages that result.

Once the liable parties in a Revel moped accident are identified it is important that a lawsuit is filed in a timely manner in order to secure your claims for compensation. Under New York law, an injury victim only has three years from the date of the accident to file a claim for damages. Failure to file a lawsuit within the three-year statute of limitations could mean that your case gets thrown out of court.

Call or Contact Our Office Today

Revel electric mopeds may be an easy way to get around New York City, but they come with the potential for serious accidents and injuries. If you or someone that you know has been injured in a Revel accident, you need to speak with an experienced New York accident attorney about your case. Call the office or contact us today at the Law Offices of Justin D. Brandel to schedule your initial consultation.

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How can a Dog Bite Lawyer Help?

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How can a Dog Bite Lawyer Help?

There are over 52,000,000 dogs in the United States alone, and around one-third of all households have at least one dog as a pet. Although dogs are considered man’s best friend, the fact is that thousands of people are attacked by dogs every year. According to the Centers for Disease Control and Prevention, approximately 800,000 people are bitten by a dog annually, and around 334,000 of those injuries are severe enough to require hospital treatment. At The Law Offices of Justin D. Brandel in New York, our team of legal professionals understands the seriousness of dog bites and zealously advocates for our clients injured in dog bite attacks. Call the office or contact us today to schedule a consultation with a trusted New York dog bite lawyer.

Common Victims of Dog Bite Attacks

Sadly, over half of all dog bite victims are children — in particular young boys ages 5 to 9 years old. Over one-quarter of all children hurt in dog bite attacks require emergency room treatment, and around 77% of the dogs involved in these attacks belong to the victim’s family, a relative, or a friend of the family. The most common place of an attack on children is in their own home or at a friend’s home. Children are most often bitten in the head, face, and neck, which can cause catastrophic and often permanent damage.

What Dogs are Most Likely to Bite?

A recent study published in 2019 identified the dog breeds most likely to bite and which breeds caused the most severe damage in dog bite attacks. According to the researchers, the known breeds that cause the most bite attacks in the United States include the pit bull, German shepherds, terriers, and rottweilers. Other breeds known to have a higher propensity for attacks include bullmastiffs, wolf hybrids, huskies, akitas, chow chows, and doberman pinschers. The study also looked at which breeds of dogs caused the most damage with their bites. They noted that weight and head shape played an important role in assessing how much damage a dog bite can cause. Dogs with short, wide heads that weighed between 66 and 100 pounds typically caused the most damage. Breeds that can cause the most severity with their bites include pit bulls and mixed breed dogs.

Injuries Caused by Dog Bite Attacks

The injuries caused by dog bite attacks can be particularly devastating given the age of the victim and the location of the bite. Bites that occur on the head, face, and neck typically cause far more severe damage and can result in permanent disfigurement, disability, and the need for additional care. Some of the most common injuries caused by dog bite attacks include the following:

  • Puncture wounds
  • Ripped or torn soft tissue damage
  • Broken bones
  • Eye injuries or loss
  • Facial trauma
  • Scarring
  • Head and neck injuries
  • Nerve damage
  • Crushing injuries
  • Avulsion or amputation injuries
  • Rabies
  • Infections
  • Death

If you or someone you know has been injured in a dog bite attack, it is critical that you speak with an experienced dog bite lawyer right away to learn more about your rights and begin the process of securing compensation for your injuries.

New York Dog Bites LAW

The liability of a dog owner for their pet’s attack on another person is determined by whether the animal qualifies as a “dangerous dog” under New York law. State code dictates that the owner of a dangerous dog is liable for any injuries caused to another person, their livestock, or their companion animal. In order for a dog to qualify as dangerous, it must be shown that the animal did one of the following:

  • Attacked, injured, or killed another person, their livestock, or their pet without justification, or
  • Behaved in a way that would give cause for a reasonable person to believe that the dog poses a serious and unjustified imminent threat of either injury or death

Once a dog has been deemed dangerous, an owner is held strictly liable for all injuries caused by a dog bite attack. If the dangerous dog caused additional damage, such as property loss, the victim must also show that the dog owner was negligent.

Compensation for Dog Bite Injuries

Compensation for dog bite injuries includes all costs stemming from attack injuries. This includes all medical bills such as hospitalization, treatment, surgery, medication, and transportation costs. It also includes compensation for future rehabilitation, therapy, medical devices, and additional care. Noneconomic damages for a dog bite attack may also include compensation for emotional distress, pain and suffering, disability, disfigurement, and the loss of enjoyment of life.

If the injured victim can prove negligence in the dog bite attack, they can additionally be compensated for any property damage that was caused in the incident. This may be damage to real estate, such as a broken fence or window, or to personal property like a cell phone or clothing. It is important that an injury victim disclose all losses associated with an attack to their attorney.

How a Dog Lawyer Can Help

Given the intricacies of dog bite law in New York, hiring an experienced dog bite lawyer is a victim’s best chance at securing compensation after an attack. Your attorney can navigate the legal process while you focus on what is most important, recovering from your injuries. An attorney will conduct their own investigation into the case, collect evidence, and interview witnesses for statements. Your lawyer will make the best possible arguments for your case in court and hold pet owners responsible when they fail to keep their dogs from attacking others. Talk to a dog bite lawyer today to learn more.

Call or Contact My Office Today

Dog bite attacks can be devastating incidents to victims of all ages, but particularly to the young and the elderly. If you or a loved one has been injured in a dog bite attack in the New York area, call or contact The Law Offices of Justin D. Brandel, P.C. today to schedule a case consultation.

Speak with an attorney about your case today.

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What to Do After a New York Car Accident?

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What to Do After a New York Car Accident?

Being involved in a car accident is a scary, painful, and confusing experience. It can be difficult to know what to do or who to talk to in the hours, days, and weeks following a crash in New York. Hiring an experienced New York car accident attorney can ensure that you do everything possible to preserve your claims to compensation after an accident. There are certain steps that you can take to protect your case and your rights to damages from those responsible for the crash. At The Law Offices of Justin D. Brandel, our team of highly qualified legal experts is here to help if you have been injured in a New York car accident. Call the office or contact us today to schedule a consultation of your claims.

Seek Immediate Medical Attention

The first step that you should take after any accident is to seek immediate medical treatment for your injuries. This is important for many reasons and is a critical step regardless of how minor or severe you believe your injuries to be. The first reason to seek immediate medical treatment is to have a healthcare professional assess your injuries and begin the healing process. Some injuries, such as internal bleeding or organ damage, are not always immediately recognizable after an accident but require urgent medical care. By going directly to a healthcare professional after a crash, all known and unknown injuries can be identified and treated.

The second reason for seeking immediate medical treatment after a car accident is to create contemporaneous documentation about the extent of your injuries at the time of the accident. This can be crucial evidence in a later lawsuit for damages, especially if the insurance companies try to claim that you were not actually as injured as you claim in the crash.

Gather Evidence From the Scene

The next step to take after a car accident in New York is to collect evidence from the scene. This can include photos and videos of the location of the crash, the extent of the damage, and anything else that may be helpful to your case, such as the weather conditions, traffic signs or signals, and information about the other people involved in the accident. If there are witnesses to the car accident, get their contact information so that your attorney can get their statements later. Request a copy of the police report and any other accident reports taken about the crash. All evidence from the scene may be helpful later in your case.

Keep a Record of Receipts

In the days, weeks, and months after the car accident it is important that you keep a record of your receipts associated with the incident. You should keep all receipts related to medical bills, property damage, rehabilitation, and transportation costs. As part of your compensation claim, the out of pocket costs are calculated into your final award and keeping a record of all receipts will ensure that you are receiving the full value of your economic losses.

Track Your Medical Progress

At the same time, you should also be keeping a record of your medical progress after the accident. Write a daily journal that details the extent of your injuries, all medical treatments and medications taken for the injuries, rehabilitation and physical therapy appointments, and the general progress or lack thereof in healing from your injuries. Keeping this record of your recovery can help make the argument for greater noneconomic compensation. Noneconomic damages refer to the payment for pain and suffering, emotional distress, disability, disfigurement, and the loss of enjoyment of life. This journal can serve as powerful evidence during your case about the lasting effects of the accident and the injuries you sustained.

Do Not Speak To Insurers

It is critical that after a New York car accident you do not speak to the insurance companies on your own. Insurance adjusters may reach out to you within hours after the accident to try and get a statement about what happened in the crash. Insurance companies, including your own, do not have your best interests at heart. Their goal is to settle your claim as quickly and for as little money as possible. Oftentimes, the insurers are trying to get you to make a statement against your own interests in order to mitigate or eliminate your claims for damages. When you hire a New York car accident attorney with experience handling the insurance companies you are protecting your rights to compensation.

Have an Experienced Car Accident Attorney

One of the most important steps that you should take after a New York car accident is to hire an expert lawyer in car accident cases. Hiring an attorney to represent your interests after a crash protects your claims and defends against other interested parties who want to lessen or eliminate your case for damages. First, when you hire a lawyer after a car accident, the insurance companies are required by law to send all communication about your case through the attorney. This includes all requests for statements, settlement offers, and negotiation. Your lawyer will handle the back and forth with the insurers while you focus on what is most important, your recovery.

Your attorney can also be present when you make a statement to the insurance adjuster about the crash. This ensures that your rights and interests are protected during this interaction. An experienced car accident attorney will be able to review the evidence in your case and determine the full and fair value of your claims to protect you against accepting a settlement worth far less than you deserve. Finally, if the insurers refuse to offer a fair settlement for your injuries, an attorney can take your case to trial.

Call or Contact Our Office Today

If you would like to speak with an expert in New York car accident cases about your claims, call or contact The Law Offices of Justin D. Brandel today to schedule a consultation. 

 

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What to Look For in a Personal Injury Lawyer: New York

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What to Look For in a Personal Injury Lawyer: New York

After an accident, you need to find a personal injury lawyer in New York to represent your interests and protect your claims to compensation. But do you know what to look for in a personal injury attorney to find the right one for you? Here at The Law Offices of Justin D. Brandel, our team has years of experience successfully representing our injured clients and can provide quality guidance on what you should look for in a personal injury lawyer. If you would like to learn more about how our office can help in your personal injury case, call or contact us today to schedule a consultation.

A Personal Injury Lawyer in New York with a Specialized Practice

The first thing that you should want when researching potential personal injury lawyers is an attorney with a specialized practice in New York injury cases. Attorneys with a generalized practice have a little experience in many areas of law, but they usually lack significant experience in any particular area of practice. When you hire a personal injury attorney, you want one that focuses solely on personal injury law. 

A New York lawyer with a specialized practice in injury law will be up to date on the current law, understand the nuances of this area of practice, and have experience with the insurance companies that you will be battling in your case. Furthermore, the lawyer should have a specialty in your type of personal injury claim, whether it is car accidents, pedestrian accidents, slip and fall cases, or another kind of accident. You want a lawyer who knows the types of injuries common in your type of case as well as the full and fair value of your claim.

Your Lawyer Should Have a Proven Track Record of Success

The next thing that you should look for when looking at personal injury lawyers is whether the attorney has a proven track record of success in your type of personal injury case. When meeting with potential lawyers, you should specifically ask what their overall success rate is with personal injury cases generally as well as with your type of injury claim. What is the average settlement this lawyer has received for an accident case with your injuries? You will find that some attorneys push for higher settlements for their clients than others.

You Need a Lawyer With Trial Experience

You should also ask potential personal injury lawyers about their level of trial experience. Your attorney should have trial experience in personal injury cases. In the majority of personal injury claims, your attorney will negotiate with the insurers to reach a settlement that accurately reflects the costs of your injuries after an accident. However, there are cases where a settlement cannot be reached, and questions of fault or compensation must be taken to trial. You need a personal injury lawyer in New York who not only has trial experience but successfully advocated for clients at trial.

Your Lawyer Should Focus on Representing Accident Victims

You should also look for a personal injury lawyer that focuses specifically on representing accident victims. Some personal injury attorneys handle both sides of cases, representing both insurance companies and accident victims. You want a lawyer who is focused solely on the victim’s side of personal injury claims. Lawyers who work for both sides may be more likely to settle for less because they become sympathetic to the insurers or want to retain their business. You need someone who will always aggressively fight for you.

You Need a Lawyer with Resources

When speaking to potential New York personal injury lawyers, you should inquire about the level of resources their firm has at its disposal for your type of claim. You want to hire a lawyer at a firm who has the resources necessary to successfully advocate for your case. Depending on the type of accident and injuries, this could include access to personal investigators, expert witnesses, and others who can help solidify your injury claims. It could also include access to practice management resources like online bill pay or e-signing documents, which can be particularly important if your injuries make it difficult to travel to the law office. Ask potential personal injury lawyers about the resources they have available to help with your case.

You Want a Lawyer Who Works on Contingency

You should also look for a personal injury lawyer who works on contingency. This refers to the type of fee structure that the attorney charges for his or her work. For other practices of law, an attorney might require a retainer fee or bill the client monthly for services. However, the vast majority of personal injury lawyers work on contingency, which means that the lawyer does not get paid unless the client wins compensation for the case. Typically, a lawyer will take between 25% and 35% of the overall award, depending on how complex your personal injury case is. You want a personal injury lawyer who works on contingency because it makes them just as invested as you in getting the best possible outcome for your case.

Your Lawyer Should Provide You with Referrals for Satisfied Clients

Finally, you want a New York personal injury lawyer who is able to provide you with referrals to satisfied clients. If a lawyer is unable to provide you with the contact information of satisfied clients you should be concerned about his or her capacity as a quality attorney. A lack of referrals could either mean that the attorney does not work well with others or has not had the level of success described to you in your conversations. A successful personal injury attorney will always be able to provide you with satisfied clients who can speak to their competence as a lawyer.

Talk To Your Office Today

If you would like to learn more about what to look for when searching for a personal injury lawyer in New York, The Law Offices of Justin D. Brandel are here to help. Call the office or contact us today to schedule an evaluation of your case and speak with a highly qualified personal injury attorney now. 

 

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Do I Need a Bus Accident Attorney?

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Do I Need a Bus Accident Attorney?

Buses are one of the most common forms of public transportation in the United States. Children use buses to get to and from school, workers commute on buses every day, and travelers ride on buses that take them across the state or even across the country. When a bus accident occurs, the results can be devastating for the victims. Given the significant size and impact force of a bus in a crash, a bus accident is often far more catastrophic than the typical vehicle accident. If you or a loved one has been injured in a bus accident in New York City, you need an experienced bus accident attorney on the case. Call or contact The Law Offices of Justin D. Brandel today to schedule an evaluation of your injury claims.

What Causes Bus Accidents?

Bus accidents can be caused by a number of different factors, and the specifics of your case will help determine who is ultimately liable for your injuries. One of the most common causes of bus accidents is distracted drivers. Drivers may be looking at their phones, distracted by passengers on the bus, or have their attention diverted by a distraction outside of the vehicle. Driver negligence also causes a number of accidents every year when bus drivers fail to adhere to traffic signs and signals or fail to check for other vehicles, bicycles, or pedestrians while behind the wheel.

In heavy urban areas, bus accidents can be caused by driver inexperience. This is especially the case when the large bus is in an area that is difficult to maneuver and drive. Road conditions and construction can cause bus accidents, especially when the bus driver is not used to driving in those conditions. Bus accidents can happen on the highway, in city centers, and everywhere in between when a driver is uncomfortable driving a bus in less than perfect pavement conditions.

Finally, bus accidents can be caused by vehicle failures and equipment malfunctions. Tire blowouts, brake failures, and weight distribution problems cause many bus crashes every year. In this type of accident, the bus company as well as the manufacturer of the vehicle or vehicle parts may be liable for victim injuries. Your bus accident lawyer can help you pursue the compensation you need from those responsible for your injuries. 

Injuries Caused by Bus Accidents

The injuries caused by bus accidents can be traumatic and catastrophic for victims. A person can be a passenger on the bus, in another smaller vehicle on the road, on a bicycle, or a pedestrian and suffer devastating injuries. Given the sheer size and force of a bus, injury victims often require extensive medical care, years of rehabilitation, and in many cases suffer from permanent disability or death. Some of the most common types of injuries suffered in bus accidents include the following:

  • Traumatic brain injuries
  • Head and facial trauma
  • Neck injuries
  • Spinal cord injuries
  • Fractured bones
  • Amputated limbs
  • Severe burns
  • Soft tissue damage
  • Cuts and lacerations
  • Internal organ damage
  • Internal bleeding
  • Paralysis
  • Death

If you or someone you know suffered injuries in a bus accident, it is critical that you speak with an experienced New York bus accident attorney right away. Victims of bus crashes only have a small window to file their claims for compensation. 

Compensation for Bus Accident Injuries

Compensation for bus accident injuries include damages for economic and noneconomic loss. Economic damages refer to all out-of-pocket expenses caused by the accident, including property damage, medical bills, lost wages, and the loss of future income and benefits. Noneconomic damages compensate victims for pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life. However, in many New York bus accidents, the case is rarely that straightforward.

If the bus involved in the accident is owned by a government agency like a public school or the city, the deadlines for filing a claim are much shorter than the typical personal injury case. In some cases, an injury victim must file a notice within ninety days of the accident. In other cases, the victim may only have up to one or two years to file a lawsuit and preserve their right to compensation. Do not take a chance with your case and talk to an expert in bus accident cases today. 

Hiring a New York bus accident lawyer is the best step you can take to protect your rights to compensation after a crash. First, an attorney can review the facts of your case and determine who is responsible for your injuries. Once liability is established, a lawyer can review the extent of your injuries and advise you on the full and fair value of your case. An experienced bus accident lawyer also understands the law and will ensure that your claim is not denied because of a missed deadline or legal filing.

After a bus accident, the insurance adjusters will be asking for a statement mere hours or days after the crash. Do not be fooled – the insurance companies do not have your best interests at heart. They are trying to settle the claim as quickly and as cheaply as possible, and they are hoping that you will make a statement that will mitigate or negate your claims for damages. When you hire a bus accident attorney, the insurers are required by law to send all communication, requests for statements, settlement offers, and negotiation through your attorney. Let your lawyer worry about handling the insurance companies so that you can focus on what is most important — your recovery.

Call or Contact The Law Offices of Justin D. Brandel Today

At The Law Offices of Justin D. Brandel, our team of highly qualified legal professionals is prepared to zealously advocate for your claims after a bus accident in New York. To learn more about the wide range of legal services offered to our personal injury clients, call the office or contact us today. Schedule a consultation with an experienced New York bus accident lawyer today.

 

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Trump’s VP Plane Skids Off Runway at LGA

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Trump’s VP Plane Skids Off Runway at LGA

It is a sure sign of how unusual the 2016 election cycle has been in that the near-catastrophic landing of Gov. Mike Pence’s plane into LaGuardia Airport (LGA) in October was forgotten nearly as soon as it is occurred. In reality, the hard landing Pence’s plane took, which destroyed portions of the runway and sent the Boeing 737 into a grassy area, stopped only by emergency barriers which kept the plane from crashing into the Flushing Bay. The accident was one of the worst in years at LGA, but similar to other crashes that have occurred at the relatively old airport which suffers from extremely tight scheduling and short runways due to the close proximity to the water.

Pence’s Plane Failed to Automatically Engage Spoilers

Although Pence and others on board minimized the severity of the accident, the Chairman of the National Transportation Safety Board (NTSB) said of the accident, “Make no mistake; this was a very close call indeed.” The plane had flown in from Iowa and faced delays in landing at LGA due to heavy rains. According to initial reports, the plane’s “spoilers,” which are devices on the wings that are raised to slow speed as the plane touches down, failed to automatically deploy and so had to be manually deployed several seconds later than they otherwise would have been. In addition, gusty winds hit the plane from rear and side which could have prevented the plane from making a safe stop.

LGA Runway Lacked Safety Zone

Adding to these factors is the less-than-ideal runway design of LGA, which, due to geographic restrictions, lacks the 1,000-foot “safety zone” that the FAA requires airports to have at the end of runways for incidents such as this one. To make up for the lack of safety zone, LGA uses an FAA-approved Engineered Material Arresting System, which is essentially crushable concrete that absorbs the impact of a landing plane that will not stop on the runway. Without this barrier, the plane may have continued to skid towards the water.

Fortunately, no one was hurt in the plane landing, but others have not been so lucky during problematic landings at LGA. Eight people suffered injuries in 2013 landing during a Southwest Airlines flight when the pilot landed nose-first on the LGA runway due to a failure to slow the plane.

Work With a NYC Personal Injury / Wrongful Death Attorney

If you have been injured in any kind of transportation accident – whether on a plane, bus, train, taxi, Uber, or in a car accident – in the New York or New Jersey area, or a family member has died in such an accident, the Law Offices of Justin D. Brandel will fight to get you the maximum recovery for your losses. Call now for a free consultation.

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Bicyclist Severely Injured in Brooklyn Truck Accident Same Week 5 Pedestrians Killed

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Bicyclist Severely Injured in Brooklyn Truck Accident Same Week 5 Pedestrians Killed

A 35-year old was left severely injured in a collision with a large tractor-trailer in downtown Brooklyn on the morning of October 11, coming at the end of a 7-day period in which five pedestrians were killed across New York City in accidents with drivers. Although there are no reports that the bicyclist died from the injuries, the total number of bicyclist deaths for 2016 surpassed those of 2015 months ago. All of these reports indicate that the city has a long way to go in reducing the number of deaths from car and truck accidents, and that NYC pedestrians and bicyclists continue to face serious risk of death and injury across the city.

Jay and Tillary Intersection Site of Repeated Accidents

A picture of the grisly scene from the morning of October 11 shows a large tractor-trailer stopped in the road as it makes a wide right turn around a construction zone in downtown Brooklyn at the corner of Jay and Tillary Street. Underneath and near the truck are an abandoned black helmet and pooled blood on the road. According to onlookers, the bicyclist was pinned underneath the truck as was his bike. He was taken to a nearby hospital where he was treated for massive head and leg trauma.

Gothamist reports that the crowded Jay and Tillary Street intersection has been the site of three bicycle-related injuries just this year, and a total of 41 crashes involving pedestrian or bicyclist injuries between the years 2002 and 2011.

Drivers Rarely Face Criminal Prosecution But Do Face Civil Liability

As reported by the Village Voice, the accident occurred the same week that five pedestrians were killed in different accidents with drivers across the city. Drivers rarely face criminal prosecution for their actions which cause the deaths of pedestrians and bicyclists (while bicyclists often are cited for not following safety rules), but injured victims and their families do have the ability to bring civil claims for their injuries and financial losses.

 

Gothamist reports that the crowded Jay and Tillary Street intersection has been the site of three bicycle-related injuries just this year, and a total of 41 crashes involving pedestrian or bicyclist injuries between the years 2002 and 2011.

Contact a New York Bicycle Accident Attorney Today

If you’ve been injured in a truck accident and/or bicycle accident, you should contact a bicycle accident attorney as soon as possible to improve your chances of a full and timely recovery. At the Law Offices of Justin Brandel, we will aggressively pursue your claim and fight to get you the full compensation you deserve for all injuries sustained in your bicycle accident. Contact us today to schedule your free consultation and take the first step in protecting your rights.

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IIHS Study: Passengers Might Be at High Risk in Cars With Good Driverside Protection

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IIHS Study: Passengers Might Be at High Risk in Cars With Good Driverside Protection

Automotive safety technology has come a long way since the 1960s and 1970s when the per capita fatality rate was 2-3 times what it is today, but a new study from the Insurance Institute for Highway Safety (IIHS) shows that, although improvements have been made in driverside protection in many cars, there is still a ways to go in providing similar levels of protection for front seat passengers.

How the IIHS Tests Automotive Safety

Part of the reason automotive technology has become safer is that the testing process for car safety has become increasingly thorough, taking into account a wide variety of potential collision scenarios. The IIHS uses a number of different tests to assess safety across cars, including testing the strength of automotive roofs, head restraints, and seats.

The institute also look at two main types of collisions: side crashes (being rammed on the side) and frontal crashes (driving into another car, wall, or object). Within the heading of frontal crashes are two subcategories: moderate overlap crashes where a large portion of the front of the car collides with another object, and small overlap crashes where only the corner of the front of the car hits an object, such as a light pole or tree.

The IIHS Results on “Small Overlap” Collisions

In looking at small overlap crashes, the IIHS found that, by and large, small SUVs had made improvements in the protections they offered to drivers in such crashes, but that they were asymmetrical with regard to passengers sitting in the front seat. Passengers faced greater “intrusion,” meaning the amount of structural impact made as the car caves in on itself, in most cars, up to 10-13 inches as compared to the driver side. In one case, the passenger door of an SUV swung open during a small overlap collision, which could lead to passenger ejection.

The IIHS noted that, in most cases, both the passenger side and driver side looked similar before the crash, so adjustments made to increase passenger side protection were not visible and only apparent due to the testing. Such adjustments can include using stronger materials with slightly larger thickness. The IIHS gave only one good rating to the 7 SUVs tested with respect to passenger side safety, despite having given all good ratings with respect to driverside protection. The institute’s full ratings as to passenger side protection are as follows:
  • 2016 Hyundai Tuscon: Good
  • 2015 Buick Encore: Acceptable
  • 2015 Honda CR-V: Acceptable
  • 2015 Mazda CX-5: Acceptable
  • 2014 Nissan Rogue: Marginal
  • 2014 Subaru Forester: Marginal
  • 2015 Toyota RAV4: Poor

Recovery is Available For Those Injured in Auto Accidents

If you have been involved in an automobile accident in New York, automobile accident attorney Justin Brandel can help you obtain the recovery you deserve under New York law. Contact The Law Offices of Justin D. Brandel to set up a free consultation.

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Can I Sue for a Sports or Fitness-related Injury?

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Can I Sue for a Sports or Fitness-related Injury?

One of the biggest trends over the past decade has been the growth of intense sports and fitness programs for adults, with many working professionals heading out to engage in Crossfit, triathlons, kickboxing, rock climbing gyms, intramural sports, and all other types of physical activities that can carry with them a high risk of physical injury. And when injury does happen either through another’s negligence or intentional actions, the question arises of whether the victim can bring a personal injury lawsuit for his or her injuries.

Winning a Personal Injury Suit Generally

A defendant may raise a number of defenses in a sports/fitness related suit. The defendant might argue that you as the plaintiff was also negligent, but so long as the defendant was negligent, this only means that the plaintiff’s award might be reduced (and not that the plaintiff would be blocked from bringing a case). A defendant might also argue that a plaintiff consented to the injurious action, e.g. by agreeing to participate in a boxing match in which both participants would be hitting each other. Similarly, a defendant can argue that a plaintiff voluntarily assumed a risk by appreciating the nature of the risk of injury and nonetheless proceeding. While consent and assumption of risk may be valid arguments, you should work with your attorney to determine whether facts in your case negate those defenses.

What about Waivers?

Many gyms, recreational, and sporting organizations will require participants to sign a waiver of liability prior to participating in an activity. In some cases, this will limit the plaintiff’s ability to bring a suit, but this is not always the case, and you should always speak with an attorney to determine whether you have a viable personal injury suit in spite of a waiver. Waivers must be very explicit in what they entail in order to be effective, and courts will construe the waiver in favor of the plaintiff when possible. Furthermore, where the injurious conduct was reckless or intentional, a waiver will be ineffective.

Legal Help in Your NYC Personal Injury Matter

Personal injury attorney Justin Brandel represents injured victims and their families in all types of accidents across NYC, and will fight to win the settlement or verdict you deserve. Contact us today to schedule your free consultation to discuss how we can help you win recovery for your injuries.

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$431 Million Paid Out by NYC Transit in Personal Injury Suits

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$431 Million Paid Out by NYC Transit in Personal Injury Suits

More people take public transportation in New York City than in any other city in the country, and those numbers are only growing as more people move to the city. The MTA reports that, in 2015, around 5.7 million people took the subway each day, with a ridership of around 1.73 billion per year. Those numbers are the highest since 1948, when car ownership was much less common. And, as anyone who has been a regular rider of the NYC subways over the past decade can tell you, the statistics are clearly apparent, with subway cars and platforms getting more crowded all the time. This of course can be a dangerous trend, given the combination of speeding trains, electrified tracks, and steep platform drop-offs. This danger is demonstrated by a recent NY Daily News article which pointed that, in just the past five years, NYC Transit has paid out $431 million to victims in personal injury suits in a total of 4,592 cases relating to injuries on the subways or city buses.

88 Cases Involved $1 Million+ Payouts

The average payout by NYC Transit to victims over the past five years has been $94,000, although that average is lifted up by a smaller number of high settlement and verdicts that have been awarded. In 88 of the cases brought for personal injury on the bus or subways, the injured plaintiff was awarded at least $1 million.

In one recent case, a 19-year old student was awarded $9 million after he slipped onto the tracks due to a hole on the platform edge had been concealed by an MTA employee, and both of his legs had to be amputated below the knees. The NY Daily News revealed that the NYC Transit’s own internal reporting on dangers on the platforms revealed that 85% of the stations reviewed had major trip-and-fall dangers.

Winning Your NYC Subway/Bus Injury Case

The article also included an in-depth discussion of how, despite what may appear like the high number of payments made in these types of cases, the transit authority appears to have a standard practice of attempting to delay and obstruct personal injury cases as much as possible. According to those involved in such litigation, opposing attorneys will haggle over small details, withhold evidence, and intimidate victims by blaming them for their injuries.

Because of this, it is important for those victims injured in NYC bus and subway accidents to work with an experienced attorney to bring their suit. By delaying working with an experienced attorney, victims can make it much harder on themselves as evidence becomes harder to identify and the opposing side builds up a case against you. But by contacting a subway/bus accident attorney immediately, injured victims and their families increase their chances of a speedy, full recovery.

Legal Help in Your NYC Subway or Bus Accident

If you have been injured on a NYC/MTA bus or subway, or PATH, Metro-North, or Amtrak train, legal assistance is available to help you recover for any and all losses you have suffered as a result, including the costs of medical bills, rehabilitation, lost wages and reduced income potential, and pain and suffering. Personal injury attorney Justin Brandel represents injured victims and their families in all types of transportation accidents, including subway and bus accidents, and will fight to win the settlement or verdict you deserve. Contact us today to schedule your free consultation to discuss how we can help you win recovery for your injuries

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