New York Pedestrian Accidents

Posted on December 11, 2020November 17, 2020 by one400-dev

New York Pedestrian Accidents

Millions of people walk around the streets of New York every day to go to work, run errands, and to see the sights. Unfortunately, drivers do not always look out for pedestrians and as a result there are a number of devastating accidents every year. Pedestrian accidents in New York require an experienced personal injury attorney to handle the claim and secure full compensation for victims. At the Law Offices of Justin D. Brandel, our top tier legal professionals are ready to provide you with zealous legal advocacy after a pedestrian accident. Call or contact the office to schedule an evaluation of your case today.

New York Pedestrian Accident Statistics

According to the New York Department of Health, there are on average 312 deaths every year caused by drivers striking pedestrians. The most common demographics for pedestrian accident victims are men and those ages 65 years and older. In addition, there are over 3,000 hospitalizations of pedestrian accident victims annually and over 12,500 emergency room visits. Emergency room visits due to pedestrian accidents are most common for men ages 15 to 24 years old. Pedestrian accidents are one of the least common types of auto accidents, yet they result in the highest likelihood of serious injury and death for victims.

Common Causes of Pedestrian Accidents

Pedestrian accidents in New York happen for many different reasons, but in the majority of cases a driver of a car, truck, or other vehicle behaves in a negligent or reckless manner that ultimately results in a crash. Some of the most common causes of pedestrian accidents in New York include the following:

Speeding

Running red lights

Failing to yield the right of way to pedestrians

Diving while texting or looking at GPS directions

Other distracted driving

Driving while drowsy

Driving under the influence

Road rage incidents

Regardless of the cause, after a pedestrian accident, there are steps that you should take to preserve your case. Seek immediate medical care for diagnosis and treatment of your injuries. Obtain copies of any accident or police report about the crash and get the contact information of the driver involved. If possible, take photos and videos of the scene of the accident, including all injuries and other damage inflicted by the negligent driver. If there were witnesses to the accident, obtain their contact information, as well. Keep a record of your medical progress and setbacks in addition to all receipts regarding your care and lost wages. Finally, seek legal representation from an experienced pedestrian accident attorney who can skillfully advocate on your behalf with insurance companies and in court.

Injuries Caused by Pedestrian Accidents

Given the lack of protection that a pedestrian has when struck by a vehicle, the injuries sustained by victims are often severe and catastrophic. These injuries often require substantial medical treatment and can result in permanent disabilities for victims, which can render them unable to return to work or care for their families. In some cases, they may require a lifetime of additional care, rehabilitation, and continued medical intervention. Some of the most common injuries seen in New York pedestrian accidents include the following:

Serious head injuries

Traumatic brain injuries

Back and neck injuries

Spinal cord injuries

Crushed and broken bones

Dislocated joints

Torn and damaged soft tissue injuries

Nerve damage

Amputation injuries

Internal organ damage and bleeding

Lacerations and road rash

Paralysis

Coma

Death

Medical bills for these types of injury can quickly skyrocket into the tens or hundreds of thousands of dollars. You need a knowledgeable pedestrian accident attorney who understands the full value of your claim and will not settle for anything less than what your case is truly worth.

Compensation for Pedestrian Accident in New York

Compensation for New York pedestrian accidents includes damages for all economic and noneconomic damages sustained in the crash. Economic damages include all associated medical expenses, property damage, lost wages, and the loss of future income and benefits. Noneconomic damages include compensation for the victim’s pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life. For pedestrian accidents that are fatal to victims, the loved ones of the deceased can also seek damages for wrongful death. Wrongful death compensation includes payment for all final medical bills, funeral costs, burial costs, and payment for the victim’s final pain and suffering, emotional distress, and for the loss of guidance, support, love, and companionship of the victim.

New York uses a comparative negligence rule when determining the final compensation in pedestrian accidents and other personal injury claims. This means that the court determines the degree of fault for every party involved in the accident and reduces the overall compensation by that percentage. For example, if a pedestrian is injured in an accident with $100,000 in damages and found forty percent at fault, the total compensation is reduced to $60,000. Comparative fault can be extremely damaging to an accident victim’s total compensation, which is why you should always use an experienced personal injury attorney who knows how to fight accusations of fault in an accident.

How a Lawyer can Help With a Pedestrian Accident

Hiring a knowledgeable pedestrian accident attorney can be incredibly beneficial for your injury claim. A lawyer knows the laws and procedures to preserve your case, such as the applicable statute of limitations to file a claim. An attorney will protect you against unscrupulous insurance adjusters looking to minimize your injuries or accuse you of causing the accident. Once you hire a lawyer all communication from insurers is required to go to your attorney. An experienced lawyer understands the true value of your claim and will not settle for anything less, and if necessary an attorney can take your case to trial in order to secure the compensation you deserve.

Contact the Law Offices of Justin D. Brandel

If you would like to speak with an experienced pedestrian accident attorney in New York, call or contact the Law Offices of Justin D. Brandel today to schedule a consultation of your case.

December 11, 2020
9:00 pm

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What You Need to Know About Taxi Accidents in New York

Posted on December 4, 2020November 17, 2020 by one400-dev

What You Need to Know About Taxi Accidents in New York

Taxis are one of the most common ways to get around New York for residents and tourists alike. Unfortunately, with thousands of vehicles on the street, taxi accidents are common in the city and the injuries suffered by crash victims can be devastating. At the Law Offices of Justin D. Brandel in New York, we pride ourselves on providing all the information you need to know about taxi accidents and provide zealous representation for our clients injured in this type of crash. If you or a loved one has been hurt in a taxi accident, call or contact our office today to schedule a consultation of your case.

Who can be Injured in a Taxi Accident?

There can be many victims involved in a New York taxi accident. According to the New York Police Department, there were 1,413 taxi accidents reported in the city in December 2019 alone, which equates to 46 taxi accidents per day and almost two accidents per hour. While taxi passengers are the most common victim, pedestrians and bicyclists can also be hurt by a negligent or reckless taxi driver in New York. Drivers and passengers in other cars, trucks, and motorcycles can also be injured in a collision caused by a taxi that causes serious injuries to all involved.

Common Causes of Accidents Involving Taxis

There are many reasons why a taxi may be involved in an accident around New York. These accidents are common because of the sheer number of trips that are taken by this form of transportation every day. There are more than 50,000 taxis in New York alone that make over 600,000 trips per day. This type of accident is most common in Manhattan, but they also commonly occur in Brooklyn, Queens, and the Bronx. Some of the most common causes of taxi accidents include:

Speeding

Failing to yield the right of way

Driving recklessly

Driving distracted

Driving drowsy

Blocking traffic to pick up/drop off passengers

Failing to check for pedestrians and bicyclists

Attempting to beat a yellow or red light

Improper or unsafe lane changes, and more.

Injuries Caused by Taxi Accidents

The injuries caused by taxis in New York auto accidents can be significant and devastating. This is particularly true if the driver was speeding, driving recklessly, or strikes a victim outside of the vehicle that lacks the protection another vehicle provides. Some of the most common injuries seen in taxi accidents include the following:

Head injuries

Traumatic brain injuries

Facial trauma

Neck injuries

Spinal cord injuries

Broken bones

Nerve damage

Soft tissue injuries

Internal injuries and bleeding

Paralysis

Death

Many of these injuries require extensive medical treatment and sometimes result in permanent disability or require a lifetime of additional care. You deserve to be compensated by those responsible for any injuries caused in a taxi accident.

Taxi Insurance Coverage

In New York City, all yellow taxi cabs are required by law to carry a minimum of $100,000 for individual bodily injury coverage and $300,000 per accident in auto insurance. Private, unlicensed cabs do not have the same requirements and only have to keep a minimum of $25,000 for individual coverage and $50,000 per accident. If your claims are more than the policy coverage, an experienced attorney may be able to go after the taxi driver personally or the company that the driver works for to secure the compensation you deserve after an accident.

Compensation for Injuries Caused by Taxi Accidents

Compensation for victims injured in New York taxi accidents includes coverage for all economic and noneconomic damages caused by the crash. Economic damages include all medical expenses, lost wages, property loss, and the loss of future income and benefits. Noneconomic damages include compensation for the victim’s pain and suffering, emotional distress, disability, disfigurement, and for the loss of enjoyment of life.

In the most tragic taxi accidents, where a victim dies as a result of their injuries, the family of the victim can also seek damages for wrongful death. Compensation for wrongful death includes all final medical bills, funeral and burial expenses, payment for the victim’s final pain and suffering, and for the loss of love, guidance, counsel, and support of the deceased.

It is important to note that New York uses a comparative fault when it comes to determining final compensation in taxi accidents and all other personal injury claims. This means that the court determines the degree of fault for every person involved in the accident and reduces their overall award by that percentage. For example, if a bicyclist is struck by a taxi, suffering $100,000 in damages, and is found 25% at fault, the overall award is reduced to $75,000. Allocating fault in an accident can have a substantial impact on a victim’s compensation, which is why it is important to always have an experienced accident attorney representing your interests in the case.

What to do After an Accident

If you have been injured in a taxi accident in New York, there are steps that you can take to protect your health and your claim. First, write down the medallion number of the taxi involved in the accident. Seek immediate medical treatment, even if you think that your injuries are minor. Take photos and videos of the scene of the accident as well as your injuries and any other damage, such as the destruction of property. If there are any witnesses to the accident, get their contact information, and get the contact information of the taxi driver if you can. Finally, seek legal representation from an experienced personal injury attorney to handle the insurance companies and the courts so that you can focus on your recovery.

Call or Contact Our Office Today

Have you or a loved one been injured in a taxi accident in New York? If so, the experienced team at the Law Offices of Justin D. Brandel are here to help. Call the office or contact us online to schedule a consultation of your claims with one of our knowledgeable taxi accident attorneys today.

December 4, 2020
9:00 am

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Types of Head Injuries Common in Auto Accidents

Posted on November 27, 2020November 17, 2020 by one400-dev

Types of Head Injuries Common in Auto Accidents

Given the force and impact of an auto accident, head injuries are common for car crash victims. Head injuries can range from mild to severe, with the worst injuries causing permanent disability or even death. If you or someone you know has suffered a head injury in a New York auto accident they deserve to be compensated for the harm caused to them by those responsible for the crash.At the Law Offices of Justin D. Brandel our experienced auto accident attorneys zealously advocate on behalf of accident victims suffering from head injuries, and we are prepared to do the same for you. To learn more about our wide range of legal services for accident victims, call or contact our office today.

Scalp Laceration

Auto accidents routinely result in sharp debris being thrown around inside a vehicle after a crash. One head injury that can result is scalp lacerations. This type of injury occurs when sharp objects like metal or glass cut the head and scalp of a victim. Scalp lacerations may require stitches or even plastic surgery to fix after an accident in order to avoid permanent disfigurement.

Concussion

A concussion is the most common type of head injury in an auto accident. A concussion can cause mild symptoms that disappear in a matter of days to severe issues that can last for years and cause disability. Symptoms of a concussion include headache, loss of consciousness, nausea or vomiting, fatigue, agitation, slurred speech, clear fluid running from ears and nose, lack of coordination, and confusion. An accident victim should seek immediate medical treatment after an accident to diagnose the severity of a concussion injury.

Contusion

A contusion is also referred to as a brain bruise. This type of injury occurs when a force or object impacts the head from the outside, causing the brain to rattle inside of the skull. Contusion injuries can be mild or life threatening. Serious brain contusions can lead to brain herniation and swelling, which requires major surgery and immediate medical attention to avoid permanent injury or death. Symptoms of a contusion on the brain include cognitive changes, difficulty forming new memories, numbness or tingling, difficulty with balance or coordination, slurred speech, difficulty concentrating, and difficulty forming sentences.

Diffuse Axonal Injury

A diffuse axonal injury is another common injury in car accidents, especially those at high speeds, which occurs when significant forces are exerted on the head and brain typically from severe rotation or shaking. If the brain is moved forcefully within the skull hard enough, it can compromise the connection with the rest of the body and tear or shear fibers within the brain stem. Diffuse axonal injuries are almost always severe and auto accident victims suffering from this injury routinely end up in comas after a crash. Signs of a possible diffuse axonal injury include headache, vomiting, nausea, dizziness, fatigue, and a loss of consciousness.

Coup-Contrecoup

A coup-contrecoup head injury also occurs when a substantial force or impact with an object occurs in an auto accident. This type of injury causes two injuries inside the head. The first injury occurs at the site of the impact, known as the coup, and the second injury occurs on the opposite side of the brain, known as the contrecoup. The force in an accident must be significant enough to impact the brain with enough force to cause damage on both sides. Signs of a coup-contrecoup accident include bleeding and swelling of the brain, skull fracture, loss of consciousness, headaches, seizures, dizziness, confusion, fatigue, nausea, vomiting, memory issues, mood disturbance, blurred vision, slurred speech, sensitivity to light and sound, and tinnitus in the ears.

Open Head Wound

An open head wound, or open head injury, involves the victim of an auto accident receiving a cracked or fractured skull in the crash in addition to a brain injury. Blood loss is common, as is swelling of the brain. This type of injury also runs the risk of infection and additional complications because of the open nature of the wound, and debridement is often required if debris from an auto accident gets into the wound.

Penetration Head Wound

A penetrating head wound is a form of an open head wound that occurs when an object penetrates the skull and brain in an auto accident. A penetrating head wound routinely causes swelling of the brain and requires immediate surgery to remove the object and release the pressure inside the skull. Wound debridement may also be necessary for a penetrating head wound, as serious complications can arise from leaving pieces of an outside object inside the skull and brain. While a penetrating head wound is normally easy to identify, complications that can result from this type of injury include heavy blood loss, bleeding from the ears, seizures, difficulty breathing, loss of movement or sensation in limbs, paralysis, loss of consciousness, loss of bowel control, and coma.

Acquired Brain Injury

The last type of head injury seen in New York auto accidents is an acquired brain injury. This type of injury is different from other types of head injuries because the injury occurs inside the body and not from external forces. Two of the most common acquired brain injuries include anoxic and hypoxic injuries. Anoxic acquired brain injuries occur when the brain does not get enough blood to continue functioning properly, and hypoxic acquired brain injuries occur when the brain does not get enough oxygen to continue functioning properly. Lack of blood or oxygen starves the brain cells, which can permanently damage or kill the cells, causing permanent brain injury as brain cells do not regenerate. Victims of auto accidents that suffer acquired brain injuries often require a lifetime of additional care.

To Learn More, Call Our Office

Head injuries caused by auto accident can be serious, costly, and result in permanent disability for crash victims. If you or a loved one has suffered a head injury in a New York auto accident the knowledgeable and experienced personal injury attorneys at the Law Offices of Justin D. Brandel are ready to help. Call the office or contact us today to schedule a consultation of your case now.

November 27, 2020
9:00 am

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Falling From a Ladder at a Construction Site

Posted on November 20, 2020November 17, 2020 by one400-dev

Falling From a Ladder at a Construction Site

Falling from a ladder is one of the most common workplace accidents, especially on a construction site. According to the Centers for Disease Control and Prevention, around 20% of all workplace accidents involve falling from a ladder, and that statistic skyrockets to 81% when looking specifically at construction site injuries. At the Law Offices of Justin D. Brandel, our team of dedicated legal professionals understands the seriousness of falling from a ladder at a construction site and will zealously advocate for the compensation you deserve for your injuries. To learn more about your legal options after a ladder fall accident, call or contact our office today to schedule a case evaluation.

Common Causes of Ladder Falls at Construction Sites

According toOSHA, over 20% of all worker deaths were in the construction industry, and of those the number one cause of fatal accidents involved a fall. One-third of all fatal construction site accidents, a total of 338 fatalities, were caused by falling from a ladder or scaffolding. Thousands more are injured every year from falling off ladders at construction sites, and there are many reasons why ladder falls happen. Some of the most common causes of ladder falls on construction sites include the following:

Construction site negligence
Greasy ladder steps
Reckless behavior
Defective ladder or safety equipment
Poorly maintained equipment
Failure of ladder safety features
Improperly installed or missing safety features, such as guard rails, base plates, and side brackets
Installation on unstable, slippery, or uneven surfaces
Loading a ladder beyond its capacity
Placing a ladder in a passageway where it is likely to be moved or shifted by other workers, and more.

Injuries Caused by Ladder Falls

When a worker falls from a ladder at a construction site, the injuries can be severe, and in some cases, permanent. Falling from a height off a ladder results in a powerful and jarring force upon impact on the body that can result in both external and internal injuries. Injuries reported after a ladder fall routinely include the following:

Traumatic brain injuries
Skull fractures
Facial trauma
Neck injuries
Spinal cord injuries
Back and spine injuries
Broken bones
Dislocated joints
Nerve damage
Soft tissue damage
Internal bleeding
Internal organ damage
Paralysis
Death

Many injuries caused by a fall from a ladder require substantial medical treatment, including surgeries, scans, medication, and significant rehabilitation. In some cases, the injuries result in permanent disability for a worker so that they can never return to work and may require a lifetime of additional care. Ladder fall injuries cause physical, emotional, and financial harm to workers that deserve to be compensated to the fullest extent under New York law.

Compensation for Falling From a Ladder

Compensation for injuries caused by a ladder fall at a construction site include the full range of workers’ compensation benefits. This includes coverage of all related medical bills, temporary total disability while recovering, temporary partial disability for return to light work, permanent partial disability for lasting injuries, and permanent total disability for the most serious injuries in ladder falls that result in being unable to return to gainful employment. In the worst cases, ladder falls result in the death of the victim. Family members may be eligible to collect workers’ compensation death benefits, which includes payment for dependents as well as coverage of all funeral expenses.

Depending on the specifics of your case, third parties may also be personally liable in accidents involving a ladder fall. This may mean that you are eligible to receive additional compensation along with or instead of workers’ compensation benefits. This could include compensation for the economic and noneconomic harms caused by the fall, including medical expenses, property damage, lost wages, pain and suffering, emotional distress, disability, disfigurement, and the loss of enjoyment of life. To learn more about the potential compensation in your case, talk to an experienced construction site accident attorney today.

What Steps to Take After a Ladder Fall

There are important steps that you should take after a fall from a ladder at a construction site in order to preserve your claims. First, you should seek immediate medical treatment for a full diagnosis of your injuries and care from a medical professional. Some injuries like traumatic brain injuries or internal bleeding may not present immediately after an accident but do require immediate care. This also creates contemporaneous documentation about the nature and extent of your injuries immediately after the accident, which can serve as powerful evidence when negotiating a settlement with insurers.

If possible, take pictures and video of the scene of the accident. Where was the ladder located, were there any substances on the ladder, and what conditions exist that make the situation dangerous? Save the ladder that the fall took place on if you can. Get the contact information of anyone at the construction site that witnessed the accident, as their testimony may be important for your lawyer.

You should also inform your employer of the accident and your injuries. New York workers’ compensation law requires that notification be made within 30 days of the accident, or else you risk losing your right to file a claim for workers’ compensation benefits. Finally, you should seek the services of a knowledgeable and experienced New York personal injury attorney who has successfully represented construction site workers injured on the job. A lawyer can skillfully negotiate the maximum in workers’ compensation benefits for your claim and investigate whether you are entitled to any other damages for your injuries.

Call or Contact Our Office Now

Have you or a loved one suffered a fall from a ladder at a construction site? You may have a claim for substantial compensation for the negligent or reckless conditions that caused the accident. To learn more about your legal options after a ladder fall, call the office or contact us today at the Law Offices of Justin D. Brandel in New York to schedule a consultation of your case.

November 20, 2020
9:00 am

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What Questions to Ask When Finding a New York Personal Injury Attorney

Posted on November 13, 2020November 13, 2020 by one400-dev

What Questions to Ask When Finding a New York Personal Injury Attorney

The days and weeks following an accident can be a scary, painful, and confusing time for an injury victim. It can be difficult to know what to do or who to talk to about what comes next. Once the decision is made to hire a personal injury attorney, the process of finding the right lawyer for you begins. At the Law Offices of Justin D. Brandel, our team of highly qualified legal professionals understands the importance of finding the right attorney for you after an accident and what questions you should be asking when talking to lawyers about your claim. Call or contact our office today to learn more.

Experience

One of the most important aspects of a discussion with a potential personal injury attorney for your case is ensuring that they have the experience necessary to zealously advocate on your behalf.

How many personal injury cases have you handled? Ask specifically how many personal injury cases the attorney has handled over the course of their career. How many years have they been in practice, and what percentage of their practice is dedicated to personal injury claims? You want a lawyer who is dedicated to the specific field of personal injury claims, not someone who only spends a small portion of their time on this type of work.
How many claims like mine have you represented? Not only do you want a lawyer that is dedicated to personal injury, but you also want an attorney who has experience specifically handling your type of injury claim. Not all accidents are the same, and your attorney should have experience successfully advocating for injury victims who have experienced similar accidents to your case.
Will you be the one handling my case? In some cases, you will meet with an attorney at a firm for an initial consultation only to discover after you have secured their services that the case is actually being handled by an associate with less experience. Be candid in asking who specifically will be litigating your claims, as larger firms are not always upfront with that information.
What do you think my case is worth? A personal injury attorney with experience handling your type of claim should be able to provide you with an estimate on what your case might be worth, given the specifics of your case. While no attorney can guarantee a monetary result in an initial consult, a lawyer should be able to provide some guidance on what to expect in compensation.

Time and Case Progression

Another important element to discuss in any interview with a personal injury attorney involves the amount of time invested and the possible case progression of your claim. You want to find a lawyer who will dedicate their time to your case and has the experience to take your claims to trial.

Typically, how long does it take you to resolve a case like mine? If a lawyer has had experience with your type of personal injury case, they should be able to give you an estimate of how long this type of claim takes to resolve with insurers. They should be able to tell you how long this type of case usually takes to settle with the insurance companies as well as how long the case could take if it goes to trial. You want a lawyer that is both efficient and effective in litigating your case.
Will my case go to trial, and what is your success rate at trial? In some personal injury cases, the insurance companies disagree about fault, the extent of damages, or other issues in the case that ultimately go to trial. A lawyer should be able to tell you, based on the specifics of your case, what the chances are that your case will go to trial. Furthermore, you should ask what that attorney’s success rate is for clients at trial. You want a lawyer who has successfully litigated cases to a judge and jury representing your interests in court.

Fees and Costs

Discussing fees and costs associated with your claim is also critical in your discussion with potential personal injury attorneys. You need to know before you hire a lawyer what costs you are expected to cover both before, during, and after the case.

What are your fees? Most personal injury attorneys work on contingency. This means that the client does not pay unless the lawyer secures compensation. On contingency, an attorney’s fees are collected as a percentage of the compensation awarded for their client. However, a few personal injury attorneys work on retainer, which requires the client to pay thousands of dollars upfront for representation. This can be extremely difficult for some personal injury victims who are already struggling with medical bills and lost wages.
Will I be responsible for any case-related costs if we lose? Relatedly, it should be crystal clear whether you will be responsible for any case-related costs if your claim is unsuccessful. Some lawyers will require their clients to pay for costs like copying, requesting records and files, and court costs even if no compensation is won in the case. Be sure to ask specifically what, if any, costs you will be responsible for in any outcome of the case.

Referrals

Referrals Finally, you should be able to ask a personal injury attorney for referrals of previous satisfied clients. If a lawyer cannot give you a referral to a past client, that is a red flag. It means that either the attorney does not have any relevant experience with personal injury cases or that their work with clients is extremely suspect. A lawyer should be able to give you referrals not just for past clients, but for satisfied clients with your type of claim.

Talk to Our Firm Today

If you would like to sit down and have a conversation with a New York attorney dedicated to personal injury cases about your claim, call the office or contact us today at the Law Offices of Justin D. Brandel to schedule a consultation.

November 13, 2020
7:15 pm

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Accidents on a Snowy or Icy Sidewalk

Posted on November 3, 2020November 11, 2020 by one400-dev

Accidents on a Snowy or Icy Sidewalk

New York City receives considerable amounts of snow and ice every winter that can lead to dangerous situations, such as an icy sidewalk. It is a matter of public safety that sidewalks are kept free of ice and snow during this time. Property owners, occupiers, and the city all have a duty to keep sidewalks around their premises clear of icy and snowy conditions to prevent accidents and injuries. At The Law Offices of Justin D. Brandel in New York, our team of highly qualified legal professionals is here to help you navigate the complicated process of filing a claim for damages after being injured on an icy or snowy sidewalk. Call or contact the office today to learn more about your legal options.

Who is Responsible for Ice and Snow Accidents?

In order to protect the safety and well-being of its citizens, New York has laws in place that require the timely removal of ice and snow from sidewalks. Generally speaking, property owners and occupiers have four hours from the time that snow stops falling to remove ice and snow from the sidewalks surrounding their premises. It must be done in a way that does not create further hazards, such as piling the snow in a place that blocks a crosswalk, and when hard ice cannot be removed the property owner or manager must spread sawdust or other materials to minimize the dangerous condition for others.

The only exception to this rule is when snow stops falling between 9:00 p.m. and 7:00 a.m., in which case the four hour limit begins tolling at 7:00 the next morning. Those property owners and occupiers who do not clear the ice and snow from their surrounding sidewalks face fines and jail time for multiple violations in addition to facing civil liability for any injuries that result from their negligence.

Snow and Ice Liability for Property Owners

Under New York premises liability laws, property owners and occupiers may be held liable for any injuries that result from icy or snowy sidewalks on their premises if they are negligent in properly clearing the space of hazards. In order to hold property owners or managers liable in an accident involving icy or snowy sidewalks, the following elements must be proven to the court:

The property owner or occupier created a hazardous condition by not clearing the ice and snow from the sidewalk in a timely manner
They knew about the ice or snow and did nothing to correct the conditions, or
Should have known about the icy and snowy sidewalks because a reasonable person maintaining the property would have discovered and corrected the hazardous condition

Premises liability law applies to all property owners, occupiers, and managers of commercial and residential spaces. If a snow removal company has been contracted to remove ice and snow from a property’s sidewalks and fails to do so before an accident occurs, the snow removal company may share in the liability with the premise’s owner or occupier. Furthermore, if the sidewalk is maintained by a government agency, they may also be held liable for any injuries caused by an accident on their icy and snowy sidewalks. Talk to a lawyer today to determine who may be liable in your case after an accident on an icy or snowy sidewalk in New York.

Injuries Caused by a Snowy or Icy Sidewalk

Ice and snow on sidewalks might not seem like a serious issue, but accidents caused by icy and snowy sidewalks can cause devastating injuries for victims. In some cases, the injuries can be so severe they result in permanent disability and even death. Some of the most common injuries caused by accidents on icy and snowy sidewalks include the following:

Head injuries
Traumatic brain injuries
Neck injuries
Facial trauma
Broken bones
Sprains and strains
Torn tendons and ligaments
Nerve damage
Frostbite, and more.

An experienced personal injury attorney will be able to review the facts of your case to determine what you are owed for your injuries after an accident on an ice or snow-covered sidewalk in New York.

Compensation for Injuries Caused by Icy and Snowy Sidewalks

Compensation for injuries caused by icy and snowy sidewalks includes payment for both economic and noneconomic damages. Economic damages refer to all out of pocket costs incurred by the injuries caused by icy and snowy sidewalks. This can include all medical bills, lost wages, property damage, and loss of future income and benefits. Noneconomic damages compensate the victim for their pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life caused by their injuries. In the worst ice and snow accidents on New York sidewalks, the injuries can be fatal for victims. When a victim dies, their family can seek compensation in the form of a wrongful death lawsuit.

Compensation for wrongful death includes payment for all final medical expenses, any pain and suffering of the victim, funeral and burial expenses, and for the loss of love, companionship, guidance, and counsel of the deceased.

It is important that you speak with an experienced New York personal injury attorney as soon as possible after an accident, as state law only allows a short window of time in which to file a claim for damages. Personal injury claims against business owners and other negligence claims must be filed within three years from the date of the accident, and wrongful death claims must be filed within two years of the date of death. For cases against the city for icy and snowy sidewalk claims, a notice must be filed within 90 days of the accident.

Talk to Our Office Today About Injuries Due to Icy Sidewalks

Ice and snow on sidewalks cause countless injuries and worse in New York City every winter. If you or a loved one has suffered injuries due to snowy and icy sidewalks it is critical that you speak with an experienced New York personal injury attorney right away. Call the office or contact us today at The Law Offices of Justin D. Brandel to schedule a consultation of your case.

November 3, 2020
7:19 pm

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Who is Liable for an Accident Caused by a Car Defect?

Posted on September 22, 2020September 22, 2020 by one400-dev

Who is Liable for an Accident Caused by a Car Defect?

When a New York car accident occurs because of the negligent or reckless acts of a driver, establishing liability is usually a fairly straightforward process. However, some car accidents happen because of a defect in the vehicle itself, not because of the actions of its operator. When an accident is caused by a car defect, establishing liability can be a much more complicated issue, but it is also necessary to identify the liable parties in order for victims to get the compensation they deserve for their injuries.

Have you or a loved one been injured in an accident caused by a car defect? If so, the experienced legal team at The Law Offices of Justin D. Brandel in New York can help. Call or contact the office today to schedule a consultation.

Examples of Car Defects

There are many parts of a car that can malfunction because of a defect, but certain types of defects can lead to serious injuries on the road. One of the most common examples of a car defect is a malfunctioning airbag. Takata recently recalled their airbags after a series of accidents caused by the airbags resulted in severe injuries and death. Failing brakes or malfunctioning signal lights are also defects that can lead to injuries. Tires that are prone to blowouts are another common defect that can lead to serious accidents and injuries on the roads in New York.

Driver Liability

In most car defect accidents, the driver is often not liable for the damages caused by the accident. However, a driver may be found at least partially responsible for the accident if it is discovered that the driver of the vehicle knew about a defective part and failed to get it repaired or replaced. In this situation, the driver may share liability with the originator of the defective car part.

Vehicle Manufacturer Liability

Many accidents caused by car defects ultimately result in the vehicle manufacturer being held liable for damages. A vehicle manufacturer is liable if the accident was caused by a design or manufacturing defect in the car. A design defect refers to a flaw in the planning and design of a car part. A manufacturing defect means that the design was sound, but mistakes were made in the manufacturing of the car part. If defective vehicles are produced by the manufacturer and put on the road, the manufacturer is liable for any accidents that result.

Component Manufacturer Liability

Similarly, a car component manufacturer can also be held liable for accidents if they resulted from a defective part manufactured by their company. Some vehicle manufacturers do not make every part of their vehicles in house and utilize third party companies for some vehicle parts. If there is a design or manufacturing defect in a component manufacturer’s parts, they can be held responsible for any accidents that occur because of the defect.

Shipping and Transportation Liability

In some cases, the car may be designed and manufactured correctly, but negligent transportation of the vehicle results in a defect. The shipping or transportation company responsible for a vehicle that is damaged during transport can be held liable for any accidents that occur because of the damage. In these cases, documentation at every stage of the vehicle’s creation, transport, and sale is critical in order to prove that the defect was created during transportation and did not take place elsewhere.

Car Dealership Liability

Car dealerships may also be liable for accidents resulting from a vehicle defect for both new and used cars. Used car dealerships have a duty to inspect every vehicle they receive for defects and repair these issues before selling the car to a customer. Failing to check or to repair defects can render them responsible for any injuries that result. Car dealerships can also be held liable for accidents resulting from new car defects for similar failures to inspect or for installing new parts on a vehicle that are themselves defective. Some dealerships will upgrade vehicles and fail to check whether the new parts installed are defective. Any accidents that occur as a result mean that the dealership is liable for damages.

Mechanic Liability

Mechanics can also be held liable for accidents in a car defect case. Independent mechanics can be responsible for car defects if they fail to identify a defective part if the car is inspected or fail to repair the defect properly if the car was brought in to address the issue. A mechanic can also be liable in this type of accident if replacement parts installed are defective. This scenario occurs when a mechanic fails to store their replacement parts properly that results in damage and defects.

Auto Parts Company Liability

Finally, an auto parts company can also be held liable if they sell or replace auto parts with ones that are defective. Similar to cases of defect liability with mechanics, if the auto parts company negligently stores their parts that results in damage, and those damaged parts are installed in vehicles, any accidents that result can fall on the auto parts company for compensation. Because there are so many different parties that may singularly or combined share liability in a car defect case, it is critical that you secure the services of a personal injury attorney with experience handling car defect cases.

We can Help

At The Law Offices of Justin D. Brandel , we understand how traumatic and painful the days and weeks following a New York car accident can be for injured victims. These feelings can be amplified when you do not know whom to hold responsible for the harm caused by the crash. Our team of dedicated legal professionals is here to help identify those responsible for an accident caused by a car defect and ensure full and fair compensation for your injuries after a crash. Call the office or contact us today to schedule a consultation of your case and learn more about car defect accident claims.

September 22, 2020
7:25 pm

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Ask an Uber Accident Attorney: Who is Liable in a New York Uber or Lyft Accident?

Posted on September 1, 2020August 25, 2020 by one400-dev

Ask an Uber Accident Attorney: Who is Liable in a New York Uber or Lyft Accident?

Rideshare services like Uber and Lyft are becoming one of the most popular methods of transportation, especially in big cities like New York. Rideshare companies use everyday people to serve as drivers, who pick up and drive customers to their destination in their personal vehicles. While this practice has made getting around much easier for passengers, problems can arise quickly when a rideshare vehicle is involved in an accident. One of the most common questions an Uber accident attorney is asked after a New York Uber or Lyft accident is who is liable for any resulting injuries?

The Law Offices of Justin D. Brandel in New York are here to answer this and any other questions that you may have after an accident. Call the office or contact us today to schedule an evaluation of your case.

When the Other Driver is at Fault

When the driver of another vehicle is at fault in an accident with a rideshare vehicle, the process progresses like any other car accident case. Damages are submitted to the insurance company of the other driver, and a settlement is negotiated. Statements about the accident and discovery evidence may be exchanged in order to establish the value of the case. If the insurer refuses to settle for the full and fair amount of the claim, the case may go to court in order to secure fair compensation for the case. However, the case can get more complex when the rideshare driver is found at fault for the accident.

When the Rideshare Driver is at Fault

When the rideshare driver is found at fault for a New York Uber accident, the first question asked is whether the driver was completing a ride at the time of the crash or driving on personal time. If the driver was on personal time, then the legal process after the accident looks the same as many other car accidents. All drivers in New York are required to carry minimum levels of insurance, and compensation is usually available up to the policy limits of the driver after a crash. New York auto insurance minimums are $25,000 for bodily injury to one person, $50,000 for bodily injury to all persons, and $10,000 for property damage in any one accident. Mandatory “no-fault” coverage of $50,000 is also required. However, if the driver was on the clock with the rideshare company, victims of the accident may have additional coverage.

If an accident occurs when a ride is taking place in an Uber or Lyft vehicle, the companies provide insurance coverage for accidents in addition to the driver’s regular auto insurance. Uber and Lyft carry $1,250,000 in liability coverage for New York Uber accidents that kicks in after the rideshare driver’s policy limits are reached. This means that if a victim in a rideshare accident has damages that exceed the policy limits of the driver, they can access additional compensation to cover the costs of their injuries with the rideshare company coverage. For example, if one person suffers $100,000 in injuries and the rideshare driver only carries the minimum amount of insurance coverage, their policy would cover the $25,000 limit and the rideshare company’s liability policy would cover the remaining $75,000.

Accidents Caused by Defect

One final liability situation occurs when a rideshare accident happens because of a defect in a vehicle. If a crash is caused by a vehicle defect, there are many parties that may ultimately be found liable for the accident. If the defect was in its design or manufacture, the manufacturer of the vehicle may be liable for damages. This type of defect occurs when there is a fundamental flaw in the design of a part or if the design is sound but a mistake occurs in its manufacture.

If the vehicle was manufactured correctly but a defect occurred while in transport, the transportation company carrying the vehicle may be at fault for any accidents caused by the defect part. This can happen if a company is transporting entire vehicles or specific parts that are damaged in transit. If alterations were made to a part that results in a defect either at the retailer or at a mechanic’s shop, those entities may also be held liable for any damages that result from an accident. These entities may also be liable if they installed a part incorrectly or stored vehicle parts negligently in a way that results in defects occurring.

How an Uber Accident Attorney can Help After a New York Lyft Accident

Because there are so many parties that can be liable for a rideshare accident, it is critical that you hire an experienced attorney to represent your legal interests after a crash. A knowledgeable Uber accident attorney understands the law and has the experience to investigate the accident in order to identify the liable parties in your case. An attorney takes the burden of the legal process off your shoulders so that you can focus on your recovery. They also serve as a shield between you and the insurance companies that are looking for any excuse to minimize or eliminate your claims for damages.

A lawyer with experience managing rideshare accident claims also knows what the full and fair value of your case is and will not stop advocating for your interests until a fair settlement is negotiated. If the insurers or rideshare companies refuse to settle for the full value of the claim, your attorney can take the case to trial. Talk to a lawyer with rideshare accident experience today to learn more about the wide range of legal services offered to victims of rideshare crashes.

Call or Contact Experienced Car Crash Lawyers Today

One of the most complicated issues in any car accident case is identifying the at-fault parties for the crash. The knowledgeable team at The Law Offices of Justin D. Brandel has the experience you need to get the compensation you deserve after a rideshare accident. Call the office or contact us to schedule a consultation of your case with one of our-top tier accident attorneys today.

September 1, 2020
9:43 pm

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How a Wrongful Death Attorney Can Help in New York

Posted on August 25, 2020August 25, 2020 by one400-dev

How a Wrongful Death Attorney Can Help in New York

The passing of a loved one is never easy, but when that death is the result of an unforeseen accident, the loss can be even more tragic for the family. Wrongful death lawsuits in New York allow the loved ones of a fatal accident victim to collect compensation to cover the expenses incurred because of their loss. However, there are laws specific to wrongful death cases, which is why you should only trust an experienced wrongful death attorney with the claim. At The Law Offices of Justin D. Brandel, a compassionate and zealous attorney will advocate for you after the unfortunate loss of a loved one. Call or contact our firm today to learn more.

What is Wrongful Death?

Under New York law, in order to establish a wrongful death claim there must be a death caused by the wrongful act of those responsible that would have given rise to a personal injury claim if the victim would have survived. In addition, there must be at least one or more people who suffered a loss as a result of the wrongful death and those damages must be recoverable by the estate.

A wrongful death claim can arise from any accident or intentional act that results in a person’s death. This includes car or truck accidents, motorcycle accidents, bicycle or pedestrian accidents, slip and falls, trip and falls, construction site accidents, fatal criminal acts, and more. In addition, there does not need to be criminal charges in order to bring a wrongful death lawsuit.

Wrongful death is a civil claim, while criminal charges are handled in criminal court. A criminal conviction is strong evidence in a wrongful death lawsuit but not required to bring a claim. The standard of proof is also lower in civil court, so the grieving party must only prove by a preponderance of the evidence and not beyond a reasonable doubt that those responsible caused the wrongful death of the victim. However, it is important to note that in New York a wrongful death lawsuit cannot be brought for the loss of a fetus even if the loss is caused by the wrongful act of another party.

Who can Bring a Wrongful Death Lawsuit?

Many states allow family members of the victim to file a wrongful death lawsuit on their behalf, but that is not the law in New York. The personal representative of the victim’s estate must bring the lawsuit for wrongful death; however, the personal representative may also happen to be a family member. The personal representative may bring a case claiming damages to the victim’s estate as well as to the victim’s surviving heirs and beneficiaries. If the court awards damages to the heirs and beneficiaries, the personal representative holds that compensation in trust and distributes it accordingly.

Statute of Limitations on a Wrongful Death Case

The personal representative of a wrongful death victim’s estate only has a small window of time in which to file a claim, known as the statute of limitations. Under New York law, the statute of limitations for a wrongful death case is two years from the date of death. It is important to note that the statute of limitations starts tolling at the date of death, not the date of the accident. If a victim survives the initial accident but dies from their injuries days or even weeks later, the statute of limitations begins on the day of their passing.

Because the personal representative of the estate is expected to file the lawsuit for damages, having an heir that is a minor or legally incapable of filing a claim is not a reason to stall the statute of limitations on a wrongful death case. The personal representative is expected to file the lawsuit within the two-year window on their behalf.

Compensation for a Wrongful Death Case

While money can never replace a lost loved one, wrongful death damages can help ease the financial burden that often comes after the unexpected passing of a loved one. Compensation for a wrongful death case includes damages on behalf of the victim’s estate as well as damages for any surviving heirs, beneficiaries, or designees. Compensation includes payment for funeral and burial expenses, all final medical bills associated with the accident, lost wages and benefits of the deceased, the loss of support and services, the loss of parental care, nurturing, and guidance, loss of inheritance, and any pain and suffering of the deceased that occurred before their death. The award is also entitled to 9% interest on the wrongful death award from the date of death in order to prevent purposeful delays in this type of case.

However, unlike other states’ wrongful death compensation, the surviving family members in New York are not allowed to collect damages for their own pain and suffering, emotional distress, or loss of companionship. The only additional compensation that may be awarded is to parents for the lost value of services that a child might perform until they reach legal adulthood. To learn more about the full and fair value of your wrongful death claim, talk to an experienced wrongful death attorney today.

How a Wrongful Death Attorney can Help

When grieving the unexpected loss of a family member, the last thing that you want to do is also juggle a legal case. Hiring a knowledgeable wrongful death attorney alleviates that burden for you and your family. An attorney will handle the legal filings and court hearings on the case, while ensuring that the claim is filed within the statute of limitations. A lawyer also understands the true value of your claim and will settle for nothing less than full and fair compensation. If negotiation fails, an attorney can take your case to trial and craft the best possible arguments as to why your family deserves to be compensated for your loss.

Call or Contact The Law Offices of Justin D. Brandel

To learn more about wrongful death claims in New York, call or contact The Law Offices of Justin D. Brandel today to schedule a case evaluation.

August 25, 2020
6:05 pm

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Need a Construction Accident Lawyer? Learn About the Most Common Construction Accidents.

Posted on August 12, 2020August 12, 2020 by one400-dev

Need a Construction Accident Lawyer? Learn About the Most Common Construction Accidents.

Construction sites are some of the most dangerous workplaces to operate in, and for good reason. Unlike a cubicle-style office, construction sites are full of hazardous chemicals and dangerous heavy equipment, and employees sometimes work at precarious heights. Despite best efforts to avoid injuries and accidents on construction sites, incidents happen every day. Some types of construction accidents happen more often than others, so knowing what causes many construction site accidents may help you or a loved one avoid injury. When someone is hurt on a construction site, they deserve to be compensated for their injuries. To learn more about your legal options after a construction site accident in New York from a construction accident lawyer, call or contact The Law Offices of Justin D. Brandel today to schedule a consultation of your case.

Falls From Heights

On average, about 35% of all construction site accidents nationwide every year are caused by falls. Construction site workers routinely operate at significant heights, working on ladders, scaffolding, rooftops, and other places where a fall could result in serious harm. A fall can cause a number of injuries, such as head trauma, broken bones, spinal cord damage, internal bleeding, and more.

Electrocutions

Electrocution accidents are also a common type of accident on construction sites. Workers can come in contact with downed power lines, unfinished electrical systems, exposed wires, and other electrical sources that can lead to devastating injuries. Common injuries from electrocutions include burns, nerve damage, internal organ damage, cardiac arrest, and other severe injuries.

Slip and Falls

Slip and fall accidents are another common cause of injuries for construction site workers. There are countless items that can lead to a slip and fall on a construction site, including tools, debris, extra materials, spilled materials, grease, puddles, and more. Slip and fall injuries can range from a minor issue like a soft tissue injury to something catastrophic like a traumatic brain injury.

Being Struck by a Vehicle

Many construction site workers every year are injured when they are struck by a vehicle. Depending on the circumstances of the construction site, this can either be from a passing vehicle near the construction or by a large vehicle coming to and from the site. The vehicles coming to and from construction sites are often large dump trucks, excavators, bulldozers, and other big construction vehicles. When a person is struck by one of these vehicles the results are often devastating in terms of their injuries. Injuries can include head trauma, neck injuries, spinal cord damage, broken bones, internal organ injuries, amputation limbs, paralysis, and even death. 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.

Trench and Ground Collapses

Another common type of construction site accident is a trench or ground collapse. The digging of trenches and other ground excavation is often necessary in many types of construction site projects. However, if they are not done properly, the trench or dig site can cave in on the workers excavating on the project. The unstable ground can also cause more than just dirt to collapse on the workers, including tools, materials, and even part of the building project itself. Suffocation and drowning can occur in a trench collapse in addition to inhalation of toxic gases and other respiratory damage.

Crashing Accidents

Crushing accidents also occur on a regular basis to workers on construction sites. This type of accident typically occurs in two different ways: first, a worker can be crushed between something and the ground. An example is when a large piece of material or machinery falls and crushes a worker beneath it. The second type of crushing injury occurs when a person is caught between two objects. Crushing accidents lead to a number of amputation injuries every year.

Machinery Accidents

Construction sites have more heavy and hazardous machinery than any other type of workplace. As such, machinery accidents are a far more frequent occurrence on construction sites. Injuries caused by heavy duty equipment and machines can occur because of a faulty part in the machinery or because of negligent safety standards on site. This type of accident often leads to lacerations, broken bones, nerve damage, and loss of limbs among other injuries.

Explosions or Burns

Explosions and accidents that cause burns happen far more often at construction sites than other places. Construction sites use demotion charges to clear areas and aid in digging on a regular basis. Explosives and dangerous chemicals are commonplace on construction sites, and when an accident occurs it can lead to devastating accidents. Often, these injuries involve serious burns that require surgery, skin grafting, and painful scar tissue removal. Explosions can also cause broken bones, eye and ear trauma, head injuries, and more.

Falling Tools and Debris

Falling tools and debris are another type of common construction site accident. When workers are operating on ladders, scaffolding, and at other significant heights they are often doing so with tools, material, and debris. If these items are not carefully guarded, they can fall and strike workers below. Even with construction site helmets, falling items can cause severe injuries. Head trauma and traumatic brain injuries are common in this type of accident in addition to neck and shoulder injuries.

Overexertion

The last type of common construction site accident is caused by overexertion. Construction site workers are often operating in very hot or cold temperatures, in inclement weather, and work long hours physically exerting themselves every day. This can easily lead to overexertion, leading to injuries like heat stroke, cardiac arrest, fainting, falling, and other incidents that lead to serious injury.

Contact an Experienced Construction Accident Lawyer Today

Construction site accidents can lead to catastrophic injuries that require years of rehabilitation and care. If you or a loved one has been injured in a construction site accident it is critical that you speak with a qualified attorney to learn more about your legal options. To speak with a skilled New York construction accident lawyer about your claims, call the office or contact the Law Offices of Justin D. Brandel today.

August 12, 2020
6:53 pm

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