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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Hoboken Train Crash Injures 114 People, Kills One

Hoboken Train Crash Injures 114 People, Kills One

https://callbrandel.com/contact/In what appears to be the largest crash in the history of the New Jersey transit system, a light rail Pascack Valley Line train careened into the Hoboken Terminal on the September 29, apparently without lowering its speed, and slammed into the terminal wall itself. The crash caused injuries to 114 people and one death. The injuries mostly occurred to passengers on the train itself who were jostled by the impact of the train, but injuries also occurred to people waiting on the platform due to structural damage to the terminal. The single fatality resulted when debris from the terminal ceiling fell on a 34-year old woman due to the impact of the train hitting the terminal wall.

The Cause of the Accident Remains Unclear

Authorities have been investigating the Hoboken train crash but have not released conclusions on the cause of the accident. The operator of the train, a 29-year veteran of the New Jersey rail system, claims that the train was moving at the appropriate speed of 10 MPH as it approached the station, but also said he has no memory of the moments leading up to the crash and that the first thing he remembered was waking up in the cab of the train after the crash. The engineer’s report of the speed of the train contradicts witnesses who have said that the train appeared to have not slowed down as it entered the terminal.

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.

Help is Available for Train and Subway Injuries

If you have been injured on a New York or New Jersey subway, PATH, light rail, 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 train 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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When is a Dog Owner Liable for a Dog Bite in New York?

When is a Dog Owner Liable for a Dog Bite in New York?

While most people may have been scratched by a dog at one point or another in playing with or petting a dog, a serious dog bite is a whole other matter. People can die from dog bite injuries – and children and the elderly are especially vulnerable – and a serious dog bite can require expensive medical bills, not to mention significant pain and suffering that can last for months and years. Determining whether a dog owner is liable for a dog bite injury is not always a straightforward matter, so an understanding of New York dog bite laws can be critical to knowing whether you have the ability to pursue a personal injury case for damages against the owner.

New York Law on “Dangerous Dogs”

Generally in New York, a dog owner has to have reason to know that his or her dog was a “dangerous dog” and/or had “vicious propensities” in order for there to be liability for a dog bite claim. Some people might refer to this as the “one free bite” law – meaning that an owner gets a free pass for the first time that the dog bites a victim – but this is not quite accurate.

If the dog has previously bitten a person or other animal, causing injury or death to the person or animal, then the dog will be considered a “dangerous dog” under New York law, and the owner will be strictly liable for other injuries caused by the dog. But a previous biting incident is not the only way for an owner to know that the dog is dangerous and/or has vicious propensities, and thus to be strictly liable for dog bite injuries. New York courts have recognized that even where a dog has not caused death or injury, so long as the owner was aware that the dog had a “proclivity to act in a way that put others at risk of harm,” the owner may still be strictly liable for injuries caused by the dog.

Putting the Blame on a Dog Bite Victim

Defendants in dog bite cases will often try to place the blame on the victims in dog bite injuries by suggesting that the victim was negligent in approaching or antagonizing the dog. It is important to understand, however, that, even if the victim did exhibit some level of carelessness in interacting with the dog, this will not necessarily prevent the victim from recovering compensation for his or her injuries from the dog owner, although that recovery may be lessened depending on the circumstances. A good dog bite attorney will fully investigate the matter to find evidence of the dog being a dangerous dog and defend against arguments of negligence on the part of the victim.

Legal Assistance in Your Dog Bite Claim

If you or a family member has been injured by a dog bite in New York or New Jersey, dog bite attorney Justin Brandel can help investigate your situation and fight for maximum compensation for your injuries through a settlement or verdict. Contact us today to schedule your free consultation and take the first step in winning recovery for your dog bite injuries.

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