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

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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

A large percentage of the collisions between cars and pedestrians are not the fault of the person on foot. If you were hit by a car while crossing the street, you may be able to bring a claim against the driver who hit you. You may be compensated for costs associated with your injuries, including all hospital bills, medical bills, and other treatments, lost wages, as well as pain and suffering.

It is exceptionally important to have an experienced lawyer on your side in any pedestrian accident case. Insurance companies generally offer lowball settlements to victims, but you may be entitled to much more. Never sign anything or discuss your injuries without first consulting with a pedestrian accident lawyer. Contact us at the Law Offices of Justin D. Brandel to schedule a free consultation.

Speak with an attorney about your case today.

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

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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

Depending upon the severity of the injuries sustained by the victim, the compensation may range into the hundreds of thousands of dollars, or even higher for permanent injuries or death. Your future health, both physically and financially, is at stake, and you cannot take any chances when seeking fair compensation.

Cases involving a fall on an icy sidewalk require careful, professional, legal work. Attorney Justin D. Brandel is recognized throughout the legal community as a zealous advocate for the injured. He is responsible for many high value settlements, and is prepared to assist you immediately after a fall on an icy sidewalk. Take advantage of the firm’s offer of a free case evaluation, and find out how much your slip and fall case may be worth in compensation.

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I Fell on an Icy Sidewalk — What Now?

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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.

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Hit by a Taxi? How to get Justice

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Hit by a Taxi? How to get Justice

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

Why You Need a Lawyer After Being Hit By A Taxi

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

A full investigation into the facts may include:

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

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

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

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

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

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

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

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

Pedestrians Hit By Cars In New York: An Epidemic

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

Settlements and Verdicts in Pedestrian Accidents in New York

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

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

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

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

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Is New York City Liable if I Fell on an Icy Sidewalk

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Is New York City Liable if I Fell on an Icy Sidewalk

New York law requires homeowners, building owners, and retail businesses to maintain sidewalks that abut their property in a reasonably safe condition. There is also a notice requirement regarding a hazardous or dangerous condition whereby if the owner had actual notice of the icy condition or ‘constructive notice,’ then they may be liable for any resulting injuries to pedestrians. Constructive notice refers to a condition that lasted for a sufficient period that the owner should have been aware of.

Although this would seemingly immunize New York City from liability under these circumstances, the city still remains liable for an icy sidewalk if it abutted a municipal building or public walkway. City agencies could include Metro North, the Port Authority, the New York City Housing Authority, the Sanitation Department, and others who are responsible for maintaining walkways.

The City of New York is also responsible for clearing sidewalks that are adjacent to 1, 2 or 3 family owner occupied homes as well as if the slippery condition occurred on city owned properties. Of course, the city is entitled to the same notice requirements, actual or constructive, regarding the icy sidewalk if the condition was unreasonably hazardous. It also must have had a reasonable time to remedy the slippery condition.

Comparative Fault

New York is a pure comparative fault state. You can be partially at fault for causing your own injuries and still recover compensation so long as you can prove that another party, such as New York City or one of its city agencies, was also negligent. Your damages will be reduced by your percentage of comparative fault. For instance, if your damages are $100,000 and you were 45% at fault, you would recover only $55,000.

In a slip and fall case against the city, the defense attorneys will question you closely about your conduct, clothes you were wearing and the open and obvious nature of the hazard. You may be asked what kinds of shoes you wearing, if you were in a hurry or late to an appointment, talking on a cell phone or otherwise inattentive. You do have a duty to exercise reasonable care for your own safety, which the city will assert includes wearing non-skid shoes following a snowfall or icy weather, walking cautiously and being aware that you are walking in snow where other less dangerous routes were possibly accessible.

Following an accident, you will likely be contacted by a city attorney or investigator. Do not give any recorded or written statements without first consulting or retaining an experienced premises liability attorney.

Filing Deadlines

If the city is a defendant, there are strict filing deadlines that if missed, can result in dismissal of your claim. You only have 90 days following your accident on city owned property or that for which the city was responsible to notify the proper city department or agency. If your claim is rejected or you are unable to resolve it, you have one year from the date of the accident to file your claim in court.

Retain Slip and Fall Lawyer Justin Brandel

Justin Brandel has been handling premises liability matters, including slip and fall cases against private property owners or the city of New York, for more than 7 years. His experience and dedication to his clients in all boroughs and including Nassau, Westchester and Rockland counties have earned him the trust of numerous clients for whom he has obtained substantial awards at trial or in settlement. Contact his office today for a free in-depth analysis of your injury claim.

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What to Do if You Are Hit by a Taxi or Uber in NYC

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What to Do if You Are Hit by a Taxi or Uber in NYC

Have you been hit by a taxi or Uber while visiting NYC? Whether you believe your injuries were caused as a direct result of the taxi or Uber driver’s negligence, or it was an unfortunate accident, you may have the right to seek compensation.

New York City is a one of the largest and most heavily populated cities in the nation. The traffic is not caused in large part by personally-owned vehicles. Most New York residents and tourists take taxis, hire Uber drivers, or use public transportation to get around. Unfortunately, these vehicles can still cause roads to be congested and potential hazards at almost any time of day. As a result, New York has seen more than its fair share of auto accidents and injuries involving motor vehicles, bicyclists, and pedestrians.

If you have been hit by a taxi or Uber, you may be wondering what to do. What actions should you take immediately after your accident? How do you go about filing a claim? Who is responsible under New York no-fault insurance laws? Do you need to hire an attorney?

Actions to Take Following an Accident with a NYC Taxi or Uber

Any time an individual is injured in a motor vehicle accident, it is important that individual take specific steps to document the accident. Documenting the scene will aid in the claim process. These are a few of the actions you should take after being hit by a taxi or Uber in NYC:

  • Call 911 to report the accident and get emergency services to the scene.
  • Get a full medical assessment of your condition.
  • Note down the name of the taxi company or ridesharing group.
  • Get the driver’s name, I.D. number, driver’s license information, commercial license, and insurance coverage for the taxi or Uber driver.
  • Note down the vehicle’s license plate and any other identifying data.
  • Take pictures of the accident scene with your phone or camera.
  • Get contact information for eyewitnesses.
  • Write down every detail you can remember about what occurred before, during and after the accident.
  • Follow doctor’s orders to the letter.
  • Retain legal representation. Hiring an attorney improves your chances of being able to get fair compensation, whether in a settlement or awarded in court.

Filing a No-Fault Insurance Claim

As New York is a no-fault insurance state, drivers (including those working for taxi companies, Uber and other ridesharing groups) are required by law to carry at least the basic no-fault coverage. According to the New York State Department of Financial Services, minimal coverage would provide for up to $50,000 per person in personal injury protection, regardless of who was at-fault or whether negligence was involved.

No-fault insurance pays for economic damages including:

  • Medical costs
  • Lost wages
  • Certain other expenses directly related to the accident.

In cases where economic damages exceed the $50,000 minimum coverage, or non-economic damages were suffered as a result of serious injury, the victim may be eligible to file a lawsuit seeking fair and just compensation.

Been Hit By a Taxi or Uber in New York? Call Brandel!

If you have been hit by a taxi or Uber in NYC or other location in the state of New York, one of your first actions should be to hire a pedestrian accident attorney. Do not agree to any settlement your are offered by the taxi company, Uber or their insurance providers. Do not sign any legal documents. You have already suffered enough, both physically and financially. You don’t have to settle for less than you rightfully deserve, and you definitely should not be left having to pay out-of-pocket when you are the accident victim.

Don’t hesitate to call Brandel. Arrange a meeting with an experienced accident attorney at the Law Offices of Justin D. Brandel so you can learn about your legal rights and what it will take to pursue the maximum compensation.

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What to Do if You Fell on an Icy Sidewalk or Driveway

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What to Do if You Fell on an Icy Sidewalk or Driveway

Living in New York City can be wondrous and exciting, but, like all major urban areas, there are hazards that you have to be cognizant of at all times. Besides traffic, there are some risks for which you may not be prepared – or aware. Since New York weather can be brutal at times, especially in the winter, streets can turn icy overnight. So what do you do if you fell on an icy sidewalk or driveway and get hurt?

A slip on a sidewalk or someone’s driveway is part of premises liability law. You can bring a claim for damages against the homeowner under certain conditions, though premises liability law is complex with many issues regarding proof of negligence, comparative fault, and notice.

To claim injuries in a slip and fall on an icy sidewalk or driveway, there are things you can to preserve your claim and give yourself an opportunity to obtain the most compensation available. Besides getting prompt medical attention, you have to be aware of what a slip and fall case requires so that you can collect compensation.

What Constitutes Negligence in a Slip and Fall

Before you have a viable injury claim, you have to show that the other party, or landowner, was negligent. Negligence law has to do with a person or entity exercising reasonable or ordinary care towards others to whom they owe a duty of care.

Property owners have a duty of care to certain persons who are invited onto their premises or who are there lawfully such as meter readers, postal workers, police and fire or delivery persons. These persons are called licensees and are owed a duty by the residence owner to use reasonable care in keeping their property free of hazardous conditions or to warn guests or licensees of their presence.

Their duty of care does not extend to inspecting the property for hazards but to at least warn if they knew or should have known of the hazard. In the case of a slippery sidewalk or driveway, it can be unreasonably dangerous to allow the condition to continue since there is a high potential for people to slip and sustain serious injuries. You have to show that a residential owner using ordinary care would shovel their driveway or area of sidewalk, remove the ice or salt it, or warn persons of the condition.

The Issue of Notice

New York law imparts liability to property owners who have a statutory duty to maintain a sidewalk that abuts their property in a reasonably safe condition. To hold the owner liable, however, you must show that he had direct or constructive notice of the hazard or that it lasted long enough so that he should have been aware. Under New York City ordinances, this requirement is largely codified in certain cases so that the property owner or tenant in charge of the property has 4 hours to clear snow from an abutting sidewalk following a day time snowfall or prior to 5:00 p.m. Should the snow stop after this time, the homeowner has until 11 a.m.

However, if the owner created the condition by having washed a car earlier in the day or having spread water over the adjacent sidewalk or driveway during freezing weather or just before, then the owner’s liability may be more obvious or easier to prove.

If the sidewalk abutted a commercial business, then the owners probably have a higher standard of care and an investigation is needed to explore what steps it took to clear the hazard and when.

Comparative Fault

New York is a pure comparative negligence state. This means that you can be comparatively negligent, or you contributed to the accident or your injuries, by ignoring an obvious hazard or by not being prepared. In most slip and fall cases, the homeowner, insurance agent or defense attorney will invariably assert that you failed to take reasonable care for your own safety by either not wearing proper shoes, not looking where you were going or were aware of the obvious hazard.

For example, if the weather is cold and you knew it just snowed or rained or you knew your neighbor just sprayed water outside in freezing temperatures, then you are on notice. If you ventured out to someone’s house wearing ordinary shoes or decided to run across the driveway, your conduct was likely not that that would be exercised by an ordinary person under similar circumstances. If both you and the landowner were found at fault, your damages would be reduced by your own degree or percentage of fault. 

Evidence in a Slip and Fall Case

With the knowledge that you have to prove that the landowner had reasonable notice of the hazard but failed to exercise ordinary care, you can take certain actions to prove liability:

  • Take photographs of the snow and ice and exact area where you fell or have someone else do it as soon as practicable.
  • Show the time when the snow fell, how much had fallen, the outside temperature and the time of the rainfall, if any. If your accident occurred 4 hours after the last snow or rain during the day or early evening accompanied by a drop in temperature to well below freezing, then you may have a case of liability.
  • Were there witnesses to your fall or who came to your assistance shortly thereafter? They can attest to the icy conditions, amount of snow and temperature or if the snowfall had stopped.
  • Statements by the homeowner. If the homeowner saw you fall, it is possible the individual apologized or said that they should have warned you or that they were going to shovel or take care of the driveway hours ago but forgot to do so. Other people may have heard the homeowner utter something to that effect.
  • You took reasonable care for your own safety. Be prepared to be accused of not looking out for your own safety by walking too fast, not wearing proper footwear or some other conduct that an ordinarily prudent person would not have followed.
  • Medical care and records have to link your injuries to the accident. If you told the ER doctor or medical personnel that you had a minor ankle sprain or that you just injured your leg the previous day, then you have a serious problem showing that the accident was the proximate, or legal, cause of your injuries. If you are not sure of what you injured, then be general about it to the doctor or other medical assistants or EMT personnel and allow a diagnosis to demonstrate it.

In a typical slip and fall case, you will be contacted within a day or so by an insurance adjuster or investigator to take a recorded statement. You can politely state that you are not prepared to give one and immediately contact an experienced premises liability or slip and fall attorney. Too many injury claims are compromised because an injured claimant inadvertently made a comment that minimized the injuries or placed liability in question. Never agree to a giving a statement without having your attorney present.

Retaining a Slip and Fall Attorney

You can obtain reasonable compensation for your slip and fall but be aware of what needs to be proven and what evidence is necessary. Retaining a slip and fall attorney like Justin D. Brandel promptly can help you gather the proof necessary and avoid the pitfalls common in these types of accidents.

 

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

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

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

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

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

What No-Fault Benefits Am I Entitled to Recover?

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

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

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

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

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

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

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

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

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

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Obama Praises Affordable Care Act on Its 5th Birthday

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Obama Praises Affordable Care Act on Its 5th Birthday

WASHINGTON — President Obama marked the fifth anniversary of the Affordable Care Act by mocking the law’s longtime critics as wrong about their predictions that its passage would doom America’s health care system.

In an event at the White House on Wednesday, Mr. Obama said the law had decreased the ranks of the uninsured by a third, having enabled 16 million people to sign up for health coverage through the government marketplaces.

”We have been promised a lot of things in these past five years that didn’t turn out to be the case,” Mr. Obama said. “Death panels, doom, a serious alternative from Republicans in Congress.”

The president’s remarks came as the law remained under attack on multiple fronts. In a challenge before the Supreme Court this month, plaintiffs argued that a critical part of the law — the subsidies that make insurance affordable — cannot be provided to people signing up at HealthCare.gov.

And Republicans, who now control Congress, are pressing forward with efforts to change or even repeal parts of the law. In announcing his candidacy for president on Monday, Senator Ted Cruz, Republican of Texas, vowed to repeal “every single word” of the health care law.

Michael C. Short, a spokesman for the Republican National Committee, issued a statement shortly after Mr. Obama’s remarks.

“No matter how much President Obama spins his unpopular health care law so Hillary Clinton can run for his third term, middle class Americans are still being saddled with higher premiums, higher taxes, fewer work hours, and canceled plans,” Mr. Short said.

For Mr. Obama, the attacks may become easier to deflect, given the statistics that he cited at the event on Wednesday. He said that health care premiums would be $1,800 higher now if price growth in that industry had continued at the rate of five years ago. He said that cuts in Medicare drug costs had saved seniors $15 billion.

”It’s working, despite countless attempts to repeal, undermine, defund and defame this law,” Mr. Obama said.

“It’s not the job killer that critics have warned about for five years,” Mr. Obama said. “When this law was passed, our businesses began the longest streak of private sector job growth on record. Sixty straight months. Five straight years. Twelve million new jobs.”

Republicans insist that the economy would have been even better without the health care law. But after years in which the White House was on the defensive — especially when it came to the rocky implementation of the law — Mr. Obama on Wednesday was ready to simply brag about it.

”We know beyond a shred of a doubt that the policy works,” he said.

Source: NY Times

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