12-Year Old’s Crushed Helmet in Brooklyn Bike Accident Highlights Danger

12-Year Old’s Crushed Helmet in Brooklyn Bike Accident Highlights Danger

The crushed bicycle helmet of a 12-year old in Borough Park, Brooklyn in a September collision with a Lexus sedan is a stark reminder of how dangerous NYC roads are for bicyclists and just how critical wearing a helmet can be in protecting your life. Pictures of the helmet show it mangled and torn into at least three pieces after the accident. No doubt as a result of wearing the helmet, the 12-year old was able to survive the impact with the Lexus, and was taken to Maimonedes Hospital in serious but stable condition and placed into surgery. A witness described the gruesome scene to the New York Post, saying, “I heard the sound, boom! And I ran outside. I saw the (boy) on the ground bleeding from his face…his whole head was covered in blood.”

The 2015 Lexus GS350 was driven by an unidentified 24-year old at the time it collided into the 12-year old at the intersection of Dahill and Cortelyou at 7 AM on a September Wednesday morning. Police arrived at the scene and appeared to conclude that the collision was an accident and did not issue a summons.

The Lifesaving Impact of Bicycle Helmets

The fact that the 12-year old was wearing a helmet at the time of the collision with the Lexus no doubt lowered the severity of the injuries and is a stark reminder to us all of the importance of wearing bicycle helmets. Research into bicycle accident statistics indicate that wearing a helmet can reduce the risk of severe brain and head injuries by 66% to 88%, even when there is a collision with a motor vehicle. Because brain and head injuries are often catastrophic injuries severely impacting a person’s life and ability to perform basic bodily functions for decades and beyond, wearing a helmet while bike riding thus becomes critical.

Several days after the accident, investigators from the National Transportation Safety Board said that they were still unclear why the accident had occurred. The investigation continues, however, and the engineer’s cellphone has been taken into custody for analysis, and drone footage and other surveillance footage was also being analyzed. Officials had retrieved a data recorder, similar to the “black box” retrieved in airline crashes, from the train, but it had malfunctioned. A second data recorder, however, was later retrieved and is being analyzed for further clues into the causes of the horrific accident.

Contact a New York Bicycle Accident Attorney Today

Regardless of the severity of injuries in a bicycle accident – whether catastrophic or less severe injuries that nevertheless involve medical bills, pain and suffering, and other financial losses – victims of bicycle injuries and their families should make sure that they are doing everything they can to recover the compensation they are owed and which can be critical to making sure they get on the road to recovery.

If you’ve been injured in a 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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Bicycling Deaths in NYC Grow, Despite “Vision Zero” Efforts

Bicycling Deaths in NYC Grow, Despite “Vision Zero” Efforts

NYC Mayor Bill de Blasio instituted the “Vision Zero” bicycling safety initiative with the goal of reducing the number of cyclist deaths in NYC down to zero (hence the Vision Zero title), but by the end of August, the number of cyclist deaths for 2016 has already surpassed that of 2015, calling into question the efficacy of the program. When 78-year old cyclist Michael Schenkman died on August 24 in Queens after being struck by a 25-year old motorist on Schenkman’s regular morning ride, his death brought the total number of cyclist deaths for 2016 up to 16, surpassing 2015’s total of 15 cyclist deaths with still four months to go in the year.

The Vision Zero Initiative

Mayor de Blasio’s Vision Zero initiative is one of the central programs of his administration in a city that is increasingly relying on bicycles to get around and had the stated goal of reducing traffic-related deaths in the city to zero by the year 2024. When Vision Zero was announced by the de Blasio administration in 2014, the number of traffic-related fatalities city-wide was 286, on par with the annual number of homicides. The Vision Zero initiative included the following actions:

  • Tougher penalties on motorists who do not honor the right-of-way
  • Speed limit reductions across the city
  • Criminal penalties for certain motorists who strike cyclists/pedestrians
  • Increased number of protected bike lanes
  • Repair of broken traffic signals

Schenkman’s Death Exposes Ongoing Problems with Bicycle Safety in NYC

Despite these stated priorities of making NYC a safer place for pedestrians and cyclists, the death of Schenkman shows just how far NYC has to go in actually making the vision a reality. Schenkman was an avid cyclist, and was very familiar with the roads and rules of the road, having previously worked as a driver’s education instructor in Queens and running his own Volvo repair shop. Schenkman regularly rode his bicycle for 20 miles a day around the Queens neighborhoods where he was struck and killed.

Schenkman’s accident occurred on Northern Blvd in Queens, an area that was included as one of the most dangerous intersections for bicycle traffic in the Vision Zero agenda. Schenkman was pedaling east when he was struck by a Chevy Impala. The exact circumstances of the accident have not been widely reported, but, as one observer told the New York Daily News, “Cars go really fast here…They don’t stop. You have to have your eyes open.” Schenkman’s son lamented the general cultural attitude towards bicyclist safety in the United States, saying, “ We have a dream of Vision Zero, but cyclists continue to die on the streets of New York City at an alarming rate…Bicycles and cars don’t seem to work here. Bicycles aren’t looked at as positively as they are in Europe or even Canada. That has to change.”

 

Contact a New York Bicycle Accident Attorney Today

If you’ve been injured in a 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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Midtown Taxi Accident Leaves 67-Year-Old Woman Dead

Midtown Taxi Accident Leaves 67-Year-Old Woman Dead

A SUV registered with the NYC Taxi and Limousine Commission (TLC) failed to yield a pedestrian and struck her earlier this month, killing the pedestrian and leading to the driver’s arrest. The accident occurred at 38th Street and 8th Avenue in midtown Manhattan during busy rush hour traffic. A pedestrian death caused by a taxi is sadly an all too common event in NYC, and the 67-year-old pedestrian’s death is a reminder of the danger that pedestrians and riders face from taxis every day in the city.

Good Samaritans Could Not Save the Pedestrian

Yuenei Wu of Brooklyn worked in the area where the accident took place, and was a common sight walking around the neighborhood. She was crossing the street at around 4:30 PM on Monday, June 6 when the SUV turned left into the intersection and struck her and dragged her for several feet. Good Samaritans that were nearby the scene actually worked together to lift the SUV up off of Wu in order to free her, but the damage had been done. The pedestrian was taken to Bellevue Hospital but did not regain consciousness and perished from her injuries.

The 39-year-old driver of the SUV was arrested for failing to yield to a pedestrian, which is only a misdemeanor. This is the second time that a car has hit and killed a pedestrian in the same south midtown area of Manhattan, and in both cases the driver was driving a livery cab registered with the TLC.

Recovery is Available for Taxi Accidents Victims and their Families

The driver of the livery cab that hit the pedestrian clearly acted negligently as evidenced by the arrest for failing to follow NYC traffic laws. When a taxi driver acts negligently and causes an accident as a result, the injured victim (or the victim’s family where the victim has died from the injury) can bring a personal injury action in state court against the driver and the cab operator for injuries, the cost of medical treatment, pain and suffering, and other costs brought on by the loss. The TLC requires all cab operators to carry insurance covering injuries to others for at least $100,000 per accident victim, and a plaintiff can sue the operator for any further damages in excess of that figure.

What to Do if You’ve Been in a Taxi Accident

Obviously, if you’ve been injured by a taxi, either as a passenger, pedestrian, or other driver, the first thing you need to do is secure medical attention. But it is also important to contact a taxi accident attorney as soon as possible to make sure that you are properly compensated for all of your injuries. The sooner you contact an attorney, the more quickly the investigation into the accident can occur, and a case can be put together for your recovery. To speak with a taxi accident attorney today, contact The Law Offices of Justin D. Brandel to set up a free consultation.

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What to Do After You Have Been Hit By a Car Share

What to Do After You Have Been Hit By a Car Share

Getting hit by a car is sadly not that uncommon of an experience in New York City, especially at densely populated intersections throughout Manhattan and the other boroughs. With taxis, trucks, and cars (including Uber, Lyft, and livery cars) sharing the roads with dense masses of pedestrians and bicyclists, collisions are bound to happen. In the unfortunate situation you are hit by a car or other vehicle, here is a quick rundown of what to do after you have been hit by a car:

Secure Medical Attention

This should go without saying, but if you’ve been hit by a car you may be at risk of serious injury even if you feel like you are able to function properly. You may be suffering internal bleeding, a concussion, or some other serious injury. By calling 911 or your emergency health provider, you can speak with an operator who can assess whether you are safe to transport yourself to a medical facility or require an ambulance.

A police officer should come to the scene of the accident to assess the situation, gather information you, the driver, and other witnesses might have, and file a report. Having such a report can be valuable for your own insurance needs and for collecting compensation from the driver and/or his or her insurer. A police officer can also assess whether the driver was intoxicated or otherwise acted illegally.

Obtain the Relevant Information from the Driver

If the driver has not left the scene, ask to see the driver’s telephone number, address, insurance information, license, license plate, and registration. Copy relevant information down if possible or, better yet, take a picture with your phone. If the other driver has fled the scene, attempt to recall as much information about the car and write it down as soon as possible: make, model, color, distinctive marking, and license plate number or partial number.

Do Not Accept a Settlement or Sign a Waiver

Some drivers may attempt to pay you cash on the spot, write you a check, or promise to pay you money at a later time. They may do this in an attempt to give you far less than you might get in court, to avoid effects to their insurance rates, or even to avoid being arrested for drunk driving or where they are engaged in a compromising position such as being with a prostitute or having contraband in the car. If you accept cash or other payment, you may well be giving up your right to collect greater damages later on and get full compensation for your injuries. Likewise, do not sign a waiver if presented with one.

Collect Info From Any Witnesses

If there are any witnesses to the accident, collect their telephone numbers and addresses so that they can be contacted to give their account of the accident at a later time if necessary.

Work with an Attorney Who Can Represent Your Interests

In most cases, a pedestrian hit by a car is entitled to compensation for medical bills and other damages related to their injuries. Collecting that compensation can be a confusing process of dealing with insurers and lawyers, so do not hesitate to work with a car accident attorney who solely represents your interests and will work to get you the maximum amount of compensation available. Attorney Justin Brandel represents victims of car injuries across New York City, and will fight to get you the compensation you deserve. Call his office today to set up a free consultation.

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Too Many Injuries and Deaths to People Hit by a Car While Crossing the Street

Too Many Injuries and Deaths to People Hit by a Car While Crossing the Street

In many ways, New York City is fantastic for pedestrians. The city is easy to navigate, and moving through the city by foot can be a pleasant activity. Unfortunately, pedestrians are also very vulnerable in New York. According to the New York City Department of Transportation, pedestrians accounted for 52% of all fatal traffic accidents in the city between 2005 and 2009. More than a third of the time, when people were hit by a car while crossing the street, it was because a driver was inattentive or reckless in operating the vehicle. Sadly, pedestrians are ten times more likely to be killed than the driver in such a collision. If you were hit by a car while crossing the street, and the driver was at fault, you have a right to pursue compensation for damages.

How Pedestrian Accidents Are Caused

Most New York City intersections are well sign-posted, and it is clear when pedestrians have the right of way to cross a street. Nonetheless, even the most careful pedestrian who only crosses legally can be at risk of being hit by a car while crossing the street. Some common ways these accidents happen include:

  • Speeding: When drivers speed through busy intersections, they risk hitting pedestrians who have the right of way. A speeding driver is unable to stop the vehicle fast enough, and may not even check for oncoming cars or pedestrians.
  • Drivers failing to yield: It’s common to see cars and taxis alike edging into the crosswalk on a red light, quickly turning right or left, and failing to observe a pedestrian. Even at low speeds, drivers who fail to yield can cause serious injuries to those who are hit while legally crossing the street.
  • Driver errors while turning: Even when vehicles have the green light, drivers must check carefully to ensure that no pedestrians are crossing at the intersection.
  • Distracted driving: If a driver’s hands and eyes are on a cellphone, a conversation, or other distraction, rather than the road ahead, it becomes far more possible to miss the presence of a pedestrian, and cause a serious injury accident.

Hit By a Car While Crossing the Street? Contact an Experienced Personal Injury Lawyer

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Hit by a Taxi? How to get Justice

Hit by a Taxi? How to get Justice

NYC city streets are flooded with taxis, and the drivers frequently take risks. All of us who live and work in the metro area have probably experienced at least one “near miss.” Recent months have brought a spate of deadly pedestrian accidents, with a shocking number of deaths — 18 fatalities in just one month, one of whom was a 9-year-old boy who died after being struck by a taxi while crossing the street with his father.

Why You Need a Lawyer After Being Hit By A Taxi

After being hit by a taxi, it can be confusing to determine where to turn for help, particularly when there are serious injuries or when a family is dealing with the sudden loss of a loved one. Attorney Justin D. Brandel is a litigator who takes his duty to his clients very seriously. Cases involving being hit by a taxi tend to be complex with regard to liability. Taxis are covered by commercial vehicle insurance and may be privately owned, or owned by a corporation. The first step in litigation is to identify the liable parties.

A full investigation into the facts may include:

  • A full review of police reports
  • Interview of eyewitnesses
  • Investigation of the accident scene
  • Collecting and reviewing any video evidence
  • Identifying the liable party(ies) and their insurers
  • Calling upon professional resources such as medical experts, accident reconstruction experts, and financial experts to assist

Each case involving a pedestrian being hit by a taxi must be managed with the highest level of professionalism. Commercial insurance companies hire expensive defense lawyers. These attorneys are tasked with reducing the value of claims against the company. Attorney Justin D. Brandel has garnered a reputation in the legal community as a tough, no-nonsense litigator who does not back down when facing off against these attorneys. Call today if you or a loved one was hit by a taxi. You need a professional litigator to negotiate the terms of a settlement with these corporate defense lawyers.

One of the first issues these attorneys review is the reputation of the opposing counsel. Who you select to represent is not a minor issue. It is absolutely critical that your lawyer has experience at trial, and a track record of success in personal injury claims. Many personal injury law firms prefer to quickly wrap up a case, and may shortcut the process, or want to avoid taking a case to trial. Ensure that your personal injury lawyer is a trial lawyer. When the defense lawyers discover that you are represented by a seasoned litigator, they sit up and listen.

Attorney Justin D. Brandel is focused on seeking justice for those who have been injured after being hit by a taxi. He has garnered a reputation in the legal community for his many positive case outcomes. Take advantage of his skills, reputation, and his personal commitment to those he represents. Call today for more information if you or a loved one has been hit by a taxi in the Bronx, Brooklyn, Queens, New York, Staten Island, Nassau, and the communities in Westchester and Rockland Counties.

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Hit by a Car While Crossing the Street? The Sad Truth About Pedestrian Accidents in New York

Hit by a Car While Crossing the Street? The Sad Truth About Pedestrian Accidents in New York

Hit by a car while crossing the street in New York? Staggering numbers of people are left with serious or fatal injuries when a driver fails to yield — the most common driver error, according to the Department of Transportation. New York City has its share of aggressive drivers, and unfortunately, innocent people can pay the ultimate price.

Were you, or someone you love, hit by a car crossing the street, and left injured? You are not alone. Statistics issued by the DOT show that a shocking 52% of the city’s traffic fatalities are pedestrians hit by a car, truck, or taxi. Those who were injured by a negligent driver should seek help from a pedestrian accident lawyer as soon as possible. Close family members who have lost a loved one have the right to pursue justice and compensation by filing a wrongful death claim.

Pedestrians Hit By Cars In New York: An Epidemic

Drivers injured 1,536 pedestrians and bicyclists in just one month in NYC. To date, the DOT reports 12,042 pedestrians were injured in 2014. The facts indicate that the problem is not getting better, with 17 pedestrians dying in just the month of October. Families are left struggling to deal with the consequences. The costs of emergency medical care, surgeries, and in some cases, long term care, are astronomical. Based upon the severity of the injuries, the outcome could be many weeks, months, or a lifetime of care.

Settlements and Verdicts in Pedestrian Accidents in New York

The law allows for a claim or lawsuit to be filed against a negligent driver who has injured another person. Whether the negligent driver was operating a commercial truck, a passenger vehicle, or a taxi, a claim or lawsuit has the aim of holding the responsible party accountable. The lawyer you choose to represent you can make a significant difference in the amount you recover in a settlement or verdict. It is important that an injured pedestrian is represented by a personal injury lawyer who has a record of positive results.

Generally, insurance companies seek out ways to reduce payouts for injuries and deaths. They employ various strategies in this effort, often including blaming the injured pedestrian for the accident. It is not uncommon for an insurance company to contact the injured person or the family directly after a pedestrian accident, and try to initiate the process of negotiating a settlement directly.

Unfortunately, those who are not familiar with personal injury law are at risk of signing off on a settlement offer that is far lower than it should be. Attorney Justin D. Brandel has garnered a reputation in the legal community for his ability to negotiate high-value settlements. Get real help from a pedestrian accident lawyer who you can trust to pursue fair and full compensation.

Don’t fall prey to tactics that could leave you cheated out of what you deserve in a settlement. Mr. Brandel is a skilled litigator and trial lawyer who has won against some of the top insurance company defense lawyers in the New York area. Call for more information.

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I Was Hit By a Car While Crossing the Street - Can I Sue?

I Was Hit By a Car While Crossing the Street - Can I Sue?

If you have sustained an injury after being hit by a car while crossing the street in New York City, or any location in the state of New York, you may be wondering whether you have the right to sue the driver for damages. Injuries in a pedestrian accident can cause a person to suffer physical and emotional harm, lead to extensive medical treatment, or render them incapacitated and unable to work. The financial, physical and psychological impact can be significant.

Despite these facts, victims of auto accidents are not automatically eligible to file a lawsuit. While you will likely be able to seek damages from the driver’s insurance company under the state’s no-fault insurance law, your ability to sue is dependent upon whether you can prove driver negligence, and whether your injuries meet the state’s definition of “serious injury.”

Hiring a skilled New York auto accident attorney is crucial if you hope to recover the maximum in compensation after being hit by a car while crossing the street. Your attorney can help you with issues such as establishing fault and gathering evidence to prove that the driver acted in a negligent manner or showed a disregard for pedestrian safety at the time of the accident. Skilled counsel can also advise you whether damages exceed the no-fault benefits. If so, you have the right to file a personal injury lawsuit.

What No-Fault Benefits Am I Entitled to Recover?

The New York State Department of Financial Services gives pedestrians who were injured after being hit by a vehicle the right to file a claim for damages under the no-fault insurance laws.aut

If the injuries you sustained a are serious enough that the related medical costs, loss of income and other accident-related expenses exceed the maximum no-fault coverage, you may be able to seek additional benefits, or sue the at-fault driver for fair compensation.

Do My Injuries Meet the State’s Serious Injury Threshold?

According to Section 5102(d) of the New York Insurance Law, a negligent driver must have been responsible for causing a victim serious injury before the victim can file a lawsuit to seek damages above and beyond no-fault benefits. The serious injury threshold, as laid out by the New York State Bar Association, must involve one of the following personal injuries:

  • Fractures
  • Significant, temporary limitations in body functions or systems
  • Permanent, significant limitations in body functions or systems
  • Permanent loss of a limb, organ, body function or system
  • Substantial disfigurement
  • Loss of a fetus
  • Dismemberment
  • Death

The law also states that if a pedestrian is injured to such a level that it will prevent the individual from performing the majority of his or her daily routine, for between 90 and 180 days following the accident, those injuries will likely meet the serious injury threshold.

Legal Representation If You Have Been Hit By a Car While Crossing the Street

Being involved in a pedestrian or auto accident can leave a victim in physical pain, unable to work, and dealing with massive medical bills. If you have been hit by a car while crossing the street, you deserve to be fully compensated for your injuries and losses.

Call Brandel and schedule to meet with a New York accident attorney to discuss your case, learn about your rights, and get help to determine whether you have the right to sue the driver. We know state law, and we take our duty to our clients extremely seriously. We are here to help — Call us now.

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