Construction Site Accidents: An Epidemic in NYC

Construction Site Accidents: An Epidemic in NYC

The City of New York is experiencing a construction boom, with huge projects underway in every part of the city and across the boroughs. Construction workers have no trouble finding employment — but are they safe? The New York Times reports that the staggering numbers of injuries and deaths on construction sites are often the result of developers, builders, or contractors cutting corners on safety regulations. These accidents were completely avoidable had the responsible party adhered to New York’s strict construction safety laws.

Both federal and state laws are in place for worker protection. In a report entitled “The Price of Life,” it is revealed that nearly 20 percent of occupational fatalities occur in New York, even though the state’s economy only accounts for 4 percent of national employment. Working construction has inherent risks, but a failure to ensure construction workers have proper safety protections has left many families bereft after the death of a loved one, or facing the consequences of a loved one who is so severely injured that he or she can no longer work. The types of construction activities that have proven to be the most dangerous, as listed by the U.S. Department of Labor, include:

  • Working at an elevation. Falls to a lower level made up 49 percent of the construction industry fatalities in two recent years. With 80 percent of roofing and siding contractors being found to be in violation of safety laws, workers have died needlessly.
  • Electrocutions. Construction workers are often fatally injured when energized electrical lines come into contact with tools or other metal components.
  • Struck by Object. Falling tools or other items endanger all those who are busy working below. As these injuries are frequently to the head and skull, either death or traumatic brain injuries with permanent consequences can occur.
  • Caught in or Between. Workers that get caught in or between moving machinery, vehicles, items being moved by cranes or lifts, loaders, or other situations can leave a worker either permanently or fatally injured.

Nonunion Employers: The Biggest Offenders

OSHA reports that 79 percent of fatal New York construction accidents occurred at nonunion sites. Contracting companies that cut corners for higher profits, hire undocumented workers, and fail to provide the required safety gear or ensure that safety regulations are in place are putting workers in harm’s way. OSHA inspectors have found construction sites that have no fall protection, such as the required guard rails, and that workers were using ungrounded power tools that could result in electrocution. At least one serious violation of OSHA safety requirements was present in 80 percent of the fatal construction accidents.

OSHA reports that the following violations were common in accidents in which a construction worker died after a fall:

  • Broken guardrails
  • Failing anchor bolts
  • Cracked planks
  • Unprotected platforms
  • Scaffolding collapse in windy conditions
  • Stuck scaffolding buttons
  • Scaffolding that breaks
  • Scaffolding improperly anchored
  • Unprotected skylight
  • Broken ladders
  • Elevator shafts without barrier
  • Collapsed flooring or floor planks

Get Trusted Legal Counsel in a Construction Accident Case in New York

Attorney Justin Brandel represents injured construction workers, as well as families who have lost a loved one in a construction accident. He has an impressive record of successful cases, and is personally committed to every person he represents. Call today for immediate assistance in a New York construction accident injury case.

Speak with an attorney about your case today.

Or fill out the form below:

Auto Accident Injury Claims: Legal Strategies That Work Share

Auto Accident Injury Claims: Legal Strategies That Work Share

Not only can auto accidents be traumatic events with long-lasting health consequences, they also leave the injured with significant financial stress. If you or a loved one was injured or killed in an auto accident that was not your fault, then it is your legal right to seek monetary compensation from the responsible party.

Sometimes it is possible to negotiate a favorable settlement with the insurance company outside of court, but in some cases, it is necessary to move forward to trial. Whatever the specifics of your car accident injury claim may be, the likelihood of recovering the damages to which you are entitled is dramatically increased when you enlist the services of a personal injury attorney with a breadth of experience in auto accident cases and a track record of high value settlements and verdicts.

Legal Approaches to Car Accident Injury Claims

While no two cases are the same, there are various legal strategies that can assist the injured to have the best chance at a favorable outcome. At The Law Offices of Justin D. Brandel, we are committed to assessing the facts in your case and choosing the legal avenue that is most appropriate and advantageous. Our strategic approach in car accident injury claims may involve one or more of the following actions:

  1. Don’t accept the first settlement offer the insurance company makes. Despite what they may say, the insurance company is not concerned about protecting your interests; they are trying to get the case settled, and reduce the value of the claim. The first offer is rarely reasonable. The insurance company hopes to settle before you engage the services of skilled legal counsel, and may even try to dissuade you from speaking with an attorney.
  2. Think beyond the most obvious damages. While medical bills and the direct costs of repairs to your car are easy to quantify, you are entitled to far more compensation than these obvious categories. Other common expenses that can be recovered in a personal injury case include medical bills that multiply in cases of serious injury, lost wages due to the inability to function normally, the cost of repairing or replacing other property that may have been inside your vehicle, transportation costs, rehabilitation, and pain and suffering. In the case of catastrophic injuries with lasting impact, loss of quality of life and loss of future wages/earning potential will come into play.
  3. Demonstrate clear negligence by the other driver. In order to recover compensation, it will have to be established that another driver was at fault for the accident and engaged in negligent driving behavior. Whether the case involves a drunk driver, distracted driver, speeding, texting or other issue, evidence must be presented to establish these facts. Often a police report clearly outlines which driver was at fault. Other evidence may include pictures of the accident scene, witness accounts, and other documentation.

Contact an Auto Accident Injury Lawyer

It is of great importance to your future health, both personally and financially, that you enlist the services of a car accident injury attorney who knows the law and who will advocate for your best interests. At the Law Offices of Justin D. Brandel, we have an impressive track record of favorable outcomes in auto accident cases, so give us a call today.

Speak with an attorney about your case today.

Or fill out the form below:

Motorcycle Accidents: Settlements and Verdicts for Injury or Death

Motorcycle Accidents: Settlements and Verdicts for Injury or Death

Motorcycle accidents are inherently more dangerous than those involving other vehicles, and are far more likely to result in serious injury or death. The lack of a protective exterior, limited visibility for other motorists, and relative instability add up to serious risk for both experienced and inexperienced riders. But even the most seasoned riders can find themselves the victims of terrible and potentially fatal motorcycle accidents, often the direct result of another motorist’s negligent driving conduct.

Personal Injury Settlements for Motorcycle Accidents

Depending on the facts, a case may never make it to a jury, and will be settled through negotiations between the insurance company and your motorcycle accident lawyer. Negotiating a fair settlement requires skill, experience, and the ability to craft a powerful case. As the plaintiff, (the person filing the lawsuit), the quality of your legal representation can have a significant impact on the final negotiated settlement sum.

Damages that can be collected through a personal injury lawsuit for a motorcycle accident can include medical bills, lost wages, lost earning potential, pain and suffering, and loss of quality of life, depending upon the degree of the injuries sustained. While medical costs are fairly easy to quantify, it it more difficult to assign other damages a dollar amount. The process of “valuing” a case involves a full investigation into the facts, including medical records, available resources in insurances, and other details.

Motorcycle Accident Verdicts: Liability and Damages

If the insurance company of the negligent driver refuses to make a reasonable settlement offer, the case can be taken to civil court for resolution, where a jury can decide on the level of damages to award. A jury will be tasked with making the decision about the level of compensation the injured motorcyclist deserves. Insurance companies are often known for making reasonable offers at the 11th hour, as the risks of putting the case before a jury are high. Your lawyer should be a talented litigator that is very familiar with negotiating settlements or presenting a persuasive case in court.

The Importance of a Motorcycle Accident Attorney

When you’ve been injured in a motorcycle accident, or lost a loved one, you deserve to be paid full compensation from the responsible party. Unfortunately, insurance companies typically offer settlements that are far too low, in the hopes that the offer will be accepted. Don’t fall prey to these tactics — there is no going back once you sign off on a settlement.

An experienced personal injury attorney can not only fight for a full and fair settlement in negotiations, but also address the jury with a well-crafted case, fully documented and supported by evidence and witnesses. At the Law Offices of Justin D. Brandel, we are committed to seeking maximum compensation for those who have suffered serious injuries in motorcycle accidents.

If you need a New York motorcycle accident lawyer, contact us. We are advocates for the injured, and have an extensive record of high value settlements and verdicts.

Speak with an attorney about your case today.

Or fill out the form below:

Icy Sidewalk Falls: A Guide to Prevention

Icy Sidewalk Falls: A Guide to Prevention

Winter in New York City is no joke. The chance of slipping on icy surfaces means a greater risk of broken bones, soft tissue injuries, spinal cord injuries, and traumatic brain injuries. As a home or business owner, you can be held responsible for injuries that result from passerby slipping on an icy sidewalk. The city required property owners to keep the sidewalks safe and free from ice and snow.

Property owners or managers may not have received an official notice regarding clearing a sidewalk, and it is assumed that the responsible parties are aware of dangers, and have proactively addressed the problem. Pedestrians should also protect themselves by looking out for their own safety. Everyone can do their part to reduce the number of slip and fall accidents this year by taking a few simple precautions.

Simple Tips to Prevent Icy Sidewalk Injuries

There’s no way to entirely eliminate the risk of a slip and fall on an icy sidewalk. However, with a little foresight, you can reduce the chances of a slip and fall. Consider taking these simple measures that increase safety for yourself and others over the long winter months.

  • Keep the sidewalk in front of your home and business free of ice. Shovel away snow as soon as it falls to prevent accumulation and compression. If there is already ice, use a dissolving agent such as rock salt to melt it and scrape the remaining ice and snow off the sidewalk completely.
  • In addition to salt, apply sand to slippery walking surfaces. Sand adds traction to the surface and makes it easier to walk on.
  • Make sure your sidewalk is well lit. Slippery surfaces and poor lighting are a disaster waiting to happen. Keep any stairs illuminated with durable outdoor lights.
  • Wear shoes with excellent traction. Carry other shoes with you and change when you reach your location, rather than wearing leather-soled or other footwear that make it more possible to slip in icy or snowy conditions.
  • Walk cautiously when using sidewalks. During the winter, assume you are likely to encounter a slippery surface at any time. So, walk a little more slowly than usual and take cautious steps.
  • Don’t place your hands in your pockets. A slip and fall is far more dangerous if you are unable to break your fall.
  • Walk like a penguin. It sounds amusing, but walking with a wide stance, spreading your arms apart and “waddling” slightly widens your center of gravity. It will be harder to get knocked off your feet in slippery conditions.
  • Try to keep your eyes ahead, rather than focused strictly on the ground. Walking while looking at the sidewalk can make it more possible to lose your balance.

Help for New Yorkers Who Fell on Icy Sidewalk

Speak with an attorney about your case today.

Or fill out the form below:

Can I Get Financial Compensation If I Fell On an Icy Sidewalk?

Can I Get Financial Compensation If I Fell On an Icy Sidewalk?

Low temperatures combined with inclement weather can turn New York City sidewalks into a dangerous situation for pedestrians. We’ve all experienced that moment of slipping on an icy surface, and throwing our arms out to try to break a fall. What if we really do fall, and suffer serious slip and fall injuries? Slipping on the sidewalk can cause broken bones, back injuries, traumatic brain injuries, or in the most terrible cases, death.

In New York City, homeowners and business owners are expected to keep the stretch of sidewalk in front of their premises free of ice and snow. If you fell on icy sidewalk in New York City, you may be able to bring a claim against the party who is responsible for that stretch of sidewalk, and get compensation for your injuries. The key is to show that the owner was negligent by failing to handle the unsafe condition, as required by law.

What To Do If You Fell on an Icy Sidewalk in New York City

Home and business owners can receive notification of unsafe conditions in one of two ways. First, the city can send them official notice about the icy sidewalk. This is called “actual notice.” The property owner or manager may be assumed to have recognized the unsafe conditions by observation. This is called “consecutive notice.” That means that it’s rarely a good defense on the part of a home or business owner to claim they were unaware that the sidewalk was icy and dangerous. Property owners and managers are required to act with reasonable care in handling icy conditions, and correct the problem.

If you fell on icy sidewalk, you need to take a few important steps to increase your odds of receiving compensation:

  • The first action is always to seek medical attention. It is important to get a full medical assessment after a fall even if you believe you are uninjured. You may have internal injuries, or symptoms that only manifest a day or two later.
  • Seeking medical attention provides you with a record of receiving treatment for your injuries, an important factor in a slip and fall accident claim.
  • Get as much evidence about the fall as possible. You can take photos of the sidewalk, and obtain contact information from eyewitnesses.
  • Speak with an experienced slip and fall attorney. Your lawyer will review the facts in your case, examine the evidence, and determine who was responsible for your fall. Your attorney will compile all the relevant evidence and present it to the insurance company of the negligent party to seek full compensation.

Contact an Experienced Slip and Fall Attorney

Speak with an attorney about your case today.

Or fill out the form below:

Filing an Injury Claim After Being Hit By a Taxi in New York

Filing an Injury Claim After Being Hit By a Taxi in New York

The sight of yellow taxi cabs part of the fabric of New York City. Whether you’re a tourist or a local, taxis are a big part of life in our city. Unfortunately, the high numbers of cabs make it far more likely that a pedestrian can be hit by a taxi. Accidents involving taxis often have very serious consequences. In the period between July 2014 and September 2015, 43 licensed taxi (or limousine) 43 licensed taxi (or limousine) drivers were involved in accidents that caused serious injury or death in New York City.

If you or a loved one has been injured in an accident with a taxi, you will need to speak with an experienced attorney. Once you file an injury claim, you may be able to receive compensation for costs associated with your injuries. The damages include the costs of treatment, lost wages, as well as non-economic damages such as pain and suffering or loss of quality of life. Each case is unique and must be evaluated on an individual basis. Our firm can help.

What to Do After Being Hit By a Taxi

After being hit by a taxi in New York, it’s important that you take the following key steps:

  • If you are able, note the name of the driver, and the taxi cab’s number. This information is displayed in the cab.
  • Call the police to the scene of the accident, even if it appears to be a minor injury. The police report can be a critical part of the evidence in an injury claim.
  • Get medical attention. The adrenaline produced by the body after an accident can mask serious injuries. Closed head injuries can be fatal if not treated at once.
  • If you can, get contact information from witnesses who observed the accident.
  • Continue to monitor your medical state. Injuries and symptoms of trauma can take several days to surface. Keep notes on your physical condition, and ensure that you inform your doctor that you were hit by a taxi while crossing the street so it is noted in your medical records.
  • Contact an experienced personal injury lawyer to manage your claim or lawsuit to recover compensation.
  • Do not make a statement to an insurance company representative who contacts you without first speaking with your lawyer.

Help For Victims Hit By Taxi Drivers

Speak with an attorney about your case today.

Or fill out the form below:

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

Speak with an attorney about your case today.

Or fill out the form below:

Serious Injury From a Fall on an Icy Sidewalk — Facts and Statistics

Serious Injury From a Fall on an Icy Sidewalk — Facts and Statistics

New York is subject to harsh winter weather conditions, with temperatures often plummeting to below freezing and many snow storms moving through the area during the season. Recent years have brought increased levels of snow and ice. A pedestrian can suffer serious injury from a fall on an icy sidewalk, and in many cases, will need many months of treatment to recover. The most serious injuries result in permanent impairments. Injuries associated with icy sidewalks can include:

  • Broken bones
  • Traumatic brain injury
  • Spinal cord injury
  • Permanent impairment, physical, cognitive, or both
  • Hip fractures

What the Facts Tell Us About Falls: A Problem for the Elderly

Statistics issued by the NYC Department of Health and Mental Hygiene reveal falls are the leading cause of injuries for older adults. There are five New York neighborhoods in which the risk of a fall is higher, according to the agency: Staten Island, east Manhattan, and northwest Bronx. Other neighborhoods with high numbers of falls include West Queens and Flushing-Clearview. When sidewalks are icy, the risk of a fall is far higher; when a property owner has failed in his or her duty to keep the walking surfaces safe, it is time to take action and seek justice.

An icy sidewalk is a risk for a pedestrian of any age. No matter how sturdy the footwear, a patch of ice makes it almost impossible to avoid a dangerous, or potentially deadly slip and fall accident. CBS New York recently reported that unkempt sidewalks and violations of snow and ice clearing regulations are at their worst in the Bronx. Abandoned buildings and foreclosed properties are not maintained, leaving those in the area dealing with hazardous walking conditions.

Compensation for a Fall on an Icy Sidewalk in New York

Speak with an attorney about your case today.

Or fill out the form below:

I Fell on an Icy Sidewalk — What Now?

I Fell on an Icy Sidewalk — What Now?

Property owners and managers are required to clear snow and ice from the sidewalks in front of the property. If you fell on an icy sidewalk, you may have legal recourse. Did the property owner or manager fail to clear the ice as required under the NYC code? The code requires the following:

  • Between the hours of 7 am and 5 pm, property owners are required to clear snow and ice within four hours.
  • Between the hours of 5 pm and 9 pm, the sidewalks are required to have snow and ice cleared within 14 hours.
  • Between the hours of 9 pm and 7 am, sidewalks must have snow and ice cleared by 11 am.

Property owners of commercial buildings, residential properties, and government buildings are all subject to this requirement. If you slipped and fell on an icy sidewalk and were injured, it is crucial that your case is evaluated by a skilled personal injury lawyer to help you determine how to seek compensation for your injuries and other damages.

Unfortunately, icy sidewalks pose a serious safety hazard for pedestrians. Ice covered with fresh snow can often lead to severe or deadly injuries that could have been avoided had the walking surface been cleared as the law requires. Public property must also be cleared, including bus stop shelters, park paths, and walking areas in front of schools, police stations, and post office buildings.

Injured in a Fall on an Icy Sidewalk in New York?

Unfortunately, slip and falls are one of the most common and potentially deadly accidents. According to the CDC, one out of every five falls results in a serious injury, including fractures and head injuries, often with long term health consequences. The agency reports staggering statistics — over 700,000 people are hospitalized every year nationwide, with the majority suffering hip or head injuries.

Slips and falls are the most common cause of traumatic brain injuries. These are potentially deadly, and when the person recovers physically, he or she can be left with either cognitive or physical impairments. Some of the most common injuries sustained if a person fell on an icy sidewalk in New York include:

  • Broken wrist
  • Broken ankle
  • Broken arm
  • Hip fractures
  • Head Injuries
  • Neck injuries
  • Spinal cord injuries
  • Traumatic brain injury

Are you suffering from injuries sustained after you slipped and fell on an icy sidewalk? Connect with personal injury attorney Justin D. Brandel for help. You may have the right to pursue full compensation from the property owner, whether you fell in front of commercial, residential, or government property. The firm will fully investigate the facts and can advise you of your rights, what to expect, and the potential value of your claim. With an extensive record of success in personal injury law and a high-powered litigator managing your case, you can be confident that it will be handled with the highest level of professional skill.

Speak with an attorney about your case today.

Or fill out the form below:

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.

Speak with an attorney about your case today.

Or fill out the form below: