What Percent of Motorcycle Accidents Results in Injury or Death?

What Percent of Motorcycle Accidents Results in Injury or Death?

The call of the open road is undeniable. America’s passion for motorcycles is on the rise – more than 500,000 motorcycles were sold last year in the U.S. alone, bringing the number of bikes on the road to approximately 8.4 million. As thrilling as it may be, biking can also be a risky proposition. No matter how safe or experienced you are as a rider, you can’t control the conditions or other drivers you encounter on the road.

If you or a loved one has been injured or killed in a motorcycle accident, the experienced motorcycle accident lawyers at the Law Offices of Justin D. Brandel will work diligently to get you the compensation you deserve.

Death and Injury Rates for Motorcyclists are High

According to the National Highway Traffic Safety Administration (NHTSA), thousands of riders lose their lives in motorcycle crashes every year. For every mile traveled, a motorcyclist is more than 26 times more likely to die in a crash than the occupant of a passenger car, and five times as likely to sustain injury. A staggering 80% of motorcycle accidents result in injury or death; the same is true for only 20% of car crashes.

Data published by the Insurance Information Institute shows that 4,586 people died in motorcycle crashes in 2014, while 92,000 were injured.

These alarming numbers highlight the need for motorcycle safety. Wearing a helmet is just one way to reduce your chance for injury. Head trauma is the leading cause of serious injury or death in motorcycle accidents. NHTSA research shows that helmets cause a 29% reduction in fatalities and a 67% reduction in serious brain injuries.

Other factors play a huge role in motorcycle injury and fatality rates, including:

  • Speeding – NHTSA statistics for 2013 show that 34% of motorcycle riders in fatal crashes were driving above the speed limit.
  • Alcohol – According to the NHTSA, in 2014, 29% of bikers involved in fatal crashes had a blood alcohol concentration at or above of 0.08, the legal threshold for drunk driving in the U.S.
  • No valid license – In 2013, 25% of motorcycle riders involved in fatal crashes lacked a valid license.
  • Bike type – The Insurance Institute for Highway Safety found that riders of “super sports” motorcycles, which are light-weight bikes built for racing, were four times more likely to die in fatal crashes than riders of other bikes.

All that said, in many accidents, it is the other driver who is at fault for causing the accident by failing to notice the motorcyclist and/or give them proper space on the road to maneuver safely. Even if the motorcyclist was partially at fault in causing the accident, he or she may be able to recover against a driver who was also at fault in causing the accident.

How an Experienced Motorcycle Attorney Can Help

Victims of motorcycle accidents have options. Negotiating with insurance companies and collecting for your injuries can be complicated. Enlisting the help of an experienced attorney will remove the stress and confusion from the process and ensure that you get the best possible recovery available.

The main goal of insurance companies is to convince you to settle fast for the least money possible. In many cases, a quick settlement is not in your best interest, and a personal injury lawsuit is the only way to protect your rights. An experienced motorcycle accident lawyer will aggressively seek the maximum recovery for you and help you determine the best course of action in your particular situation.

Collecting fair compensation for your injuries after a motorcycle accident can be a challenge, and you shouldn’t attempt to go it alone. At the Law Offices of Justin D. Brandel, we’re dedicated to protecting your interests every step of the way. Call today for a consultation.

Speak with an attorney about your case today.

Or fill out the form below:

What is a Personal Injury Claim?

What is a Personal Injury Claim?

People suffer injuries every day through no fault of their own. If you were injured as a result of someone else’s wrongful acts, either intentional or accidental, you may have a valid personal injury claim.

The two basic issues at stake in any personal injury claim are liability and damages. Liability involves determining who was legally at fault for the injuries you sustained. Damages are the legal measure of the nature and extent of your injuries. Damages in a personal injury case will be quantified as a dollar figure; unlike in criminal cases, personal injury claims do not result in punishment or jail time for the party that hurt you.

A personal injury claim can involve any wrongdoing by another party that resulted in harm to you. Some of the most common kinds of personal injury claims are:

  • Construction Accidents
  • Motorcycle Accidents
  • Auto Accidents
  • Slip and Fall
  • Wrongful Death
  • Dog Bite Injuries

Can I Make a Claim for Personal Injury?

Deciding to go forward with a personal injury claim requires a detailed analysis of the facts of your case. An experienced personal injury attorney can help you evaluate whether or not to pursue a lawsuit.

The first thing you need to do is take the time to recover from your injuries. The law requires you to mitigate your damages, which means that you need to take the necessary steps to recover and improve your physical condition. You’ll also have a much more accurate picture of your full damages after your recovery is complete. That said, you should contact an attorney as soon as possible after the accident occurs in order to begin the investigation of the facts and protect your interests.

You’ll also need to show that another party is responsible for your injuries. The main bases for personal injury claims are:

  • Negligence: The other party had a duty to exercise reasonable care in their actions but failed to do so, resulting in your injury. A classic example of a negligence claim is an automobile accident, but most other personal injury claims fall in this category as well.
  • Strict liability: Arising largely in cases involving injuries from defective products, strict liability cases do not require a showing of negligence. Rather, you just need to show that the product at issue was designed or manufactured in an unreasonably dangerous way.
  • Intentional wrongdoing: Less common than negligence and strict liability cases, certain personal injury claims such as assault or battery can be brought when someone’s intentional conduct causes you harm. Often these actions may also be the subject of separate criminal proceedings.

Finally, you must be able to prove that you suffered damages. These might include lost wages, medical bills, or pain and suffering. It’s important to keep a detailed record of how your injuries have affected your day-to-day life, including any impact on your job, schooling, or family and social obligations.

How Long Does a Personal Injury Claim Take?

Every case is different. Some claims are much more complex than others and involve more serious injuries. Only after a full investigation of the circumstances can your attorney begin to give you a sense of how long your claim may take.

One of the biggest factors influencing the length of your case is whether you settle or insist on seeing your claim through trial. Some cases may settle in a matter of months, while others may take years to go to trial. You should be wary of any attorney who guarantees that your case will settle in a certain amount of time without examining all the details.

Generally speaking, personal injury cases will settle more quickly if you are willing to accept less money for your injuries. Insurance companies notoriously try to rush injured plaintiffs into quick settlements for small damages. It’s important to assess your injuries and give them time to heal before rushing to accept an offer.

If you resist the quick settlement, your attorney will gather and analyze all the relevant evidence, including police reports, witness statements, and medical records. Fact gathering can often take months, if not longer. The good news is, the more time you spend analyzing your claim, the more likely you are to receive a settlement that accurately compensates you for your injuries.

While most personal injury cases settle, some do go to trial. And even if you are awarded damages by the court, it may take time to actually recover your money from the party who injured you. It’s not unusual for the trial process to take years.

Deciding the proper route to maximum recovery is not something that’s easy to do on your own. An experienced personal injury attorney will analyze your case and help you every step of the way, whether your claim ends in settlement or goes to trial. The Law Offices of Justin D. Brandel are dedicated to aggressively pursuing your claim and have a proven track record of helping their clients recover the full compensation they deserve. If you’ve been injured and think you have a claim, contact Mr. Brandel today for a free consultation.

Speak with an attorney about your case today.

Or fill out the form below:

New York Is an Injury Zone for Construction Workers

New York Is an Injury Zone for Construction Workers

It is a well-known fact that construction site accidents are becoming commonplace in New York. The number of fatal construction accidents is on the rise, as reported in a New York Times article about a 12-ton heating and air-conditioning unit that fell from a crane 30 stories to the pavement below. Five months into 2015, 8 people had already been killed in construction site accidents. The previous year saw a total of 231 construction-related accidents, up 24% from the year before.

A recent criminal case playing out in the courts of NYC demonstrates that construction safety continues to be a huge problem in the city. After construction worker Carlos Moncayo died in 2015, crushed by a collapsing wall, two employees of the construction firm employing Carlos were actually charged with homicide in his death by allowing the unsafe working conditions that led to his death. One of the men on trial in fact blamed the other defendant for not letting him fire the foreman on the construction site whose actions he alleged were the cause of the man’s death.

That sad case and the overall increasing number of construction site accidents can be attributed to the fact that more construction is occurring. According to the president of the New York Building Congress, $36 billion was spent on construction in 2014, with 98,000 new building permits issued by New York City. The current construction boom has led to more injuries and accidents, with construction workers, in some cases, paying the ultimate price.

Construction Site Accident Risks

Workers in the construction industry face the risk of serious injury on a daily basis. OSHA reports that of the 4,251 fatal work-related accidents in a recent year, 20.5% occurred in construction. Common types of construction site accidents include:

  • Falls from heights
  • Falling objects
  • Crane accidents
  • Forklift accidents
  • Fires and explosions
  • Electrocutions

Fortunately, many accidents can be prevented when contractors take the necessary (and required) safety measures that are proven to minimize risks. When they fail to do so, they may be held liable for injuries sustained by workers when something goes terribly wrong.

Why You Need Legal Representation After Construction Site Accidents

Construction workers have protection under state law. New York Labor Law Section 240 requires contractors, owners, and their agents to provide specific safety gear to employees working at higher elevations.

Third-party contractors (general contractors and subcontractors) are involved at most construction sites. When proper protective gear is not provided as required by law, injured workers may be entitled to recover compensation from the responsible third party if they can show that the third party knew or should have known about the safety violations occurring on the site.

Employees injured in construction site accidents are entitled to claim workers’ compensation benefits, but the amount of compensation can be sadly inadequate. It is important to have your case evaluated by a knowledgeable New York construction accident lawyer. If a responsible third party can be identified, you may be entitled to claim compensation well beyond your workers’ compensation benefits.

Construction Accident Lawyer in New York

If you have been hurt in a construction site accident, it is in your best interests to speak with an experienced construction accident attorney as soon as possible. At The Law Offices of Justin D. Brandel, we offer a free consultation with no obligation. Contact us to find out if you have a case against a third-party contractor, and what damages you may be entitled to claim.

Speak with an attorney about your case today.

Or fill out the form below:

Establishing Property Owner Liability in a Slip and Fall

Establishing Property Owner Liability in a Slip and Fall

Many terms related to personal injury law can be vague and amorphous to the non-lawyer – “negligence” and “duty” for example may not have obvious meanings to you. But “slip and fall” pretty much describes exactly what it is: a plaintiff slips on a dangerous surface, and then falls and injures himself as a result. While the thought of a person slipping and falling may bring to mind classic slapstick routines, actual slip and fall accidents are anything but a laughing matter.

Slip and fall accidents often lead to fractures, spinal cord injuries, traumatic brain injuries, and other serious damage. The consequences of these injuries can go on for years and decades, resulting in huge medical bills and rehabilitation costs, and pain and suffering endured over a lifetime. Individuals hurt in slip and fall accidents through the negligence of property owners may be entitled to claim compensation for their injuries. But how exactly is that negligence shown?

Proving Property Owner Negligence in Slip and Fall Accidents

In most negligence cases, a defendant has to have taken an action which presented a foreseeable and unreasonable risk of harm to you the plaintiff. But in a slip and fall case brought against a property owner, negligence works a little differently. The property owner does not actually have to take the action which caused your injury (for example, spilled a bucket of soapy water that you then slipped on). Instead, property owners can be held liable where accidents occurred on their property and they failed to take reasonable steps to protect you as a visitor on their property. Specifically, the steps involved in proving a slip and fall case against a property owner are:

  • The plaintiff must prove that the defendant owned the property in question and therefore owed a duty to you as a visitor. In most cases this can be proven easily, whether you were a customer, a residential guest, or using a public facility, although it may be more complicated if you were trespassing.
  • The property owner failed to take reasonable steps to keep the property safe from the dangerous conditions that caused the slip and fall. This standard can change based on whether you were on the property as a customer or as a personal guest, but generally it means the owner should either take steps to prevent slips and falls from occurring or adequately clean up spills when the owner notices them. In many cases, this is proved through a showing that the owner or possessor of the property knew the dangerous condition existed but negligently failed to correct the hazard, or the hazardous condition existed on the property long enough that the owner or possessor should have found and corrected it before your slip and fall accident occurred.
  • The property owner’s failure to take the above reasonable steps was the foreseeable cause of your injury. For example, if you claim to suffer migraine headaches from a fall, the property owner may try to argue the fall did not cause your headaches.
  • You actually suffered the full extent of damages you are claiming recovery for.

Holding Landlords Liable for Slip and Fall Accidents on Residential Properties

Residential property landlords may also be held liable for slip and fall accidents suffered by tenants and other parties. To hold a landlord responsible, you must show that:

  • The landlord had control over the hazardous condition.
  • Repairing it would not have been unreasonably difficult or expensive.
  • It was foreseeable that the hazardous condition could cause serious injury.
  • The landlord’s failure to take reasonable steps to prevent an accident caused your injuries.

Get Legal Assistance in Bringing Your Slip and Fall Claim

At The Law Offices of Justin D. Brandel, we go the extra mile for our clients. You pay us no legal fees unless we win your case for you. If you have been injured in a slip and fall accident on the property of another, contact us today to schedule a free consultation.

Speak with an attorney about your case today.

Or fill out the form below:

Motorcyclist Hit by Car: Distracted Driving and Motorcycle Accidents

Motorcyclist Hit by Car: Distracted Driving and Motorcycle Accidents

Distracted driving is a serious threat to every motorist on the roadway, and an extreme hazard for motorcycle riders. While passenger vehicle occupants have the protection of an enclosed vehicle, motorcyclists lack that protection. A motorcyclist hit by car can sustain serious, catastrophic, and even fatal injuries in accidents caused by distracted drivers.

A landmark research study released by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute concluded that driver inattention was indeed the most common cause of all crashes and near crashes in the United States. The report concluded that, “Nearly 80 percent of crashes and 65 percent of near crashes involved some form of driver inattention within three seconds before the event,” with cell phone use being a primary source of driver inattention. The report found that 3,179 people were killed and 431,000 were injured in motor vehicles accidents involving distracted drivers in a recent year. The Insurance Institute for Highway Safety (IIHS) also reported that a total of 4,295 motorcyclists were killed in traffic crashes that year, accounting for 13% of all traffic fatalities, which means that hundreds if not thousands of motorcyclists are dying as a result of motorists texting while driving each year.

Most Motorcycle Accidents are Caused by Auto Drivers

Most traffic crashes between motorcycles and other vehicles are caused by drivers who fail to register the presence of the motorcycle while navigating traffic conditions. Motorcycles have a smaller profile than other passenger vehicles, and often automobile drivers simply fail to observe that a motorcycle is sharing the road or highway. In a well-known study prepared for the NHTSA, commonly known as the Hurt Report, researchers found that:

In two-thirds of the accidents between motorcycles and other vehicles, the driver of the other vehicle caused the accident by violating the motorcyclist’s right-of-way.

The predominant cause of motorcycle accidents is the failure of motorists to recognize motorcycles in traffic.

The most frequent motorcycle accident configuration is when the motorcycle is proceeding straight ahead and an automobile turns left into the path of the oncoming motorcycle.

This serious problem is compounded exponentially when drivers are texting or otherwise distracted, and as a result, have even less aware of motorcycles in the roadway.

Despite Laws and Growing Awareness, Distracted Driving is Still Prevalent

In 2007, Washington became just the first state to ban texting while driving. Less than ten years later, 45 additional states and the District of Columbia banned the practice as well, and many public awareness campaigns have attempted to curb texting and driving. Despite those efforts, texting while driving is still commonplace. In a 2015 Erie Insurance survey, one-third of drivers admitted to texting while driving. At any given daylight moment in the U.S., an estimated 660,000 people are manipulating electronic devices or using cell phones while driving.

Are You a New York Motorcyclist Hit by Car?

After a motorcycle accident with serious injuries caused by a distracted driver, you need an experienced motorcycle accident lawyer to protect your rights and interests. Our seasoned litigators at The Law Offices of Justin D. Brandel are dedicated advocates for our clients. Contact us for a free consultation to find out about your options under the law.

Speak with an attorney about your case today.

Or fill out the form below:

NYC Tops National Poll for Aggressive Driving

NYC Tops National Poll for Aggressive Driving

Aggressive driving is a category of dangerous driving behavior that is the underlying cause of many deadly auto accidents. This driving behavior is defined by the National Highway Traffic Safety Administration (NHTSA) as operating a motor vehicle in a manner that is likely to endanger, or actually endangers, people or property. Aggressive driving is classified as a traffic violation, as distinguished from “road rage,” which is a criminal offense.

Regardless of how it is classified, aggressive driving puts everyone sharing the road at risk of serious injury or death. It has become a serious problem on our nation’s roadways, as reported by the NHTSA. The administration is providing guides, information, and planners to law enforcement agencies throughout the country in an attempt to stop aggressive driving.

Aggressive Driving in New York: A Major Cause of Auto Accidents

According to an article in Reuters, in an annual poll, New York has been voted the city with the angriest, most aggressive drivers in the nation. Voters in 25 major metropolitan areas awarded New York the “prize” for the most aggressive drivers who speed, tailgate, honk their horns, and overreact to traffic situations.

Aggressive driving behavior causes serious and fatal auto accidents. The Insurance Information Institute (III) reports that researchers in an American Automobile Association study of data collected in NHTSA’s Fatal Accident Report System (FARS) found that aggressive driving contributed to 56% of all fatal crashes over a four-year period.

What Constitutes Aggressive Driving?

Aggressive driving typically involves a combination of moving traffic violations committed by a particular driver that endangers persons or property. Aggressive driving behavior may include:

  • Excessive speeding
  • Tailgating
  • Weaving in and out of traffic
  • Unsafe lane changes
  • Running traffic lights and stop signs
  • Violating other motorists’ right-of-way

NHTSA explains that not all instances of aggressive driving behavior are intentional. Drivers who are distracted or inattentive may just fail to obey traffic signals. Judgment errors while executing a turn can result in right-of-way violations and auto accidents.

As we all know, aggressive driving is often intentional, and motivated by a number of factors. Factors contributing to intentional aggressive driving, as stated by NHTSA, include:

  • Traffic delays
  • Drivers running late
  • Anonymity
  • Disregard for the law
  • Predisposition to angry confrontation

While these factors may explain aggressive driving, they do not excuse it, especially when it results in an accident leading to injury of innocent drivers, passengers, bicyclists, and pedestrians.

New York Auto Accident Attorney

Drivers who follow too closely, weave erratically in and out of traffic exceed the speed limit by 20 to 30 mph, run red lights and stop signs, and cut other drivers off in traffic are a serious hazard for other law-abiding drivers and their passengers.

If you have been seriously injured in a traffic crash caused by one of these negligent drivers, The Law Offices of Justin D. Brandel can help. Contact our office to arrange for a free case consultation. Our seasoned New York auto accident lawyers are available to review your case and advise you of the potential value of your claim, the time expected to reach a resolution, and to answer any other questions you may have. We charge no legal fees unless we win for you, so there is no risk in connecting with us — call now for help.

Speak with an attorney about your case today.

Or fill out the form below:

Slip and Fall Accidents Are No Joke

Slip and Fall Accidents Are No Joke

From The Three Stooges to the classic cartoon character stepping on a banana peel, slipping and falling has been used as fodder for comedians for decades. But the reality is that slip and fall accidents are far from funny — in fact, they account for more than eight million emergency room visits per year in the US, making them the leading cause for ER visits. Falling can result in serious health problems or loss of life. If the slip and fall accident led to serious injury for you or your loved one, and is the result of another party’s negligence, you are entitled to pursue compensation for economic and noneconomic damages.

The key to recovering damages in a slip and fall case, or any personal injury claim, is to establish that there has been an act of negligence. Whether your slip and fall accident occurred on public, private, government, or commercial property, if the property owner failed to take reasonable precautions to protect the safety of those who are present on the property, a claim can be filed to seek compensation for all damages.

How the Property Owner/Manager May Be at Fault

Many slip and fall accidents take place in commercial buildings, such as grocery stores or other places of business. The business can be held responsible for your accident if one of the following is true:

The owner or an employee caused the hazard that led to the accident. If the premises owner or one of its employees spilled the substance that caused you to slip, or otherwise created an uneven or dangerous walking surface, this is an element of fault.

The owner or an employee knew about the hazard and did not correct it. If you can demonstrate that someone was aware of the dangerous condition but did not take action to repair the problem, this is a clear example of negligence.

The owner or an employee should have known about the hazardous condition. This last case is the most difficult to prove, but is a common category under which most slip and fall cases are negotiated. The standard for negligence in this area is that a reasonable person caring for the property and taking reasonable precautions would have noticed the hazard prior to the accident.

Slip and Fall Accidents: An Attorney You Can Trust

At the Law Offices of Justin D. Brandel, we know slip and fall accidents, and have a breadth of experience in personal injury cases as well as a long record of high value settlements and verdicts. Contact us to discuss the details of your case and let us help you determine how to best move forward legally.

Speak with an attorney about your case today.

Or fill out the form below:

Serious, Catastrophic and Fatal Motorcycle Accidents in New York

Serious, Catastrophic and Fatal Motorcycle Accidents in New York

Motorcyclists in New York are at high risk of suffering serious, catastrophic or fatal injuries when in an accident. The New York State Department of Motor Vehicles reports that in 2014 there were a total of 4,357 motorcycle accidents, or about 112 occurring in the state every day of the year. A further investigation into the facts reveals 142 fatal accidents, with 148 people killed and 4,105 people injured in that year.

Of the shocking numbers of injured people, 893 suffered serious injuries (about 20 percent of the total injured), 1,204 suffered moderate injuries, and 1,682 sustained minor injuries. The DMV also reports that a high percentage of these accidents were the result of driver distraction, at 15.4 percent. 10.3 percent were the result of following too closely, and 17.9 percent were due a driver failing to yield right of way.

Serious injuries include motorcycle crashes in which a person sustained broken bones, spinal cord injuries, traumatic brain injuries, disfiguring injuries or accidental amputations, among others. These injuries can come with lasting consequences; the victim may require a lifetime of care in the worst cases. If the injuries can be successfully treated, it may require many months or even years before normal day-to-day life is restored. The losses sustained can leave a person with permanent impairments, unable to work or live life as he or she did prior to the motorcycle accident.

Any person who has been injured in a motorcycle accident caused by a negligent driver, whether the driver was drunk, speeding, or inattentive can incur sobering economic and noneconomic damages. The offending party must be held accountable. A person who is unable to work, and is now living with serious impairments or facing many months of medical care and rehabilitation, could potentially seek financial compensation for the following damages:

  • Medical bills
  • Hospital bills
  • Wage loss
  • Lost earning potential
  • Transportation costs
  • Rehabilitation
  • Other financial damages (based on case)
  • Pain and suffering
  • Loss of quality of life
  • Loss of consortium

Wrongful Death Claims in Motorcycle Accident Cases

A family who has lost a loved one in a fatal motorcycle accident caused by another party has the right to pursue compensation for losses, by filing a wrongful death claim. These claims pay specific family members various types of damages. As with any injury claim, the statute of limitations in New York restricts the time in which a wrongful death claim can be filed, and it is critically important that these deadlines are met.

Justin Brandel — A Powerful Advocate

Attorney Justin Brandel has made seeking justice for the injured his life’s work. With an outstanding record of success in injury claims, he has a reputation as a powerful advocate for his clients, who works hard and takes every case very personally. Who you choose to represent you matters. Call the Law Offices of Justin D. Brandel for immediate assistance, and a free case evaluation. No fees unless we win.

Speak with an attorney about your case today.

Or fill out the form below:

Auto Accidents in New York Leave Families Struggling

Auto Accidents in New York Leave Families Struggling

The New York Times reports that traffic deaths in the city are decreasing, but if you are one of the hundreds of families who has a loved one suffering serious or fatal injuries, the statistics are not reassuring. The numbers of people dying from injuries fell to 230 in 2015 — but that still means more than one person dies from an auto accident every other day. The New York State DMV reveals that in the most recently reported year there were 66,554 auto accidents in New York City, or about 182 each day. In these auto accidents, 45,315 people sustained injuries.

If you drive in New York City, the facts suggest that you are putting your life on the line. 25 percent of the auto accidents involved a distracted or inattentive driver, 14.4 involved a failure to yield right of way, and 15 percent involved following too closely. Of these tens of thousands of accidents, many led to innocent people suffering severe injuries or left with permanent damage. In that year, 2,576 people sustained serious injuries, 5,032 sustained moderate injuries, and 28,070 sustained minor injuries.

Families can be left struggling to pay bills, with a loved one hospitalized, in pain, with an uncertain outcome. The financial situation can become dire within a few months. Recovering compensation not only allows for justice to be served, it provides financial support to the injured, with damages paid for the following:

  • Medical bills
  • Rehabilitation costs
  • Loss of income from work
  • Loss of earning potential
  • Loss of quality of life
  • Pain and suffering
  • Other damages, based on case.

If you were seriously injured in a New York auto accident, it is imperative that you take the right legal actions, and as early as possible after the accident occurred. It may be difficult to consider the financial consequences of the accident, particularly if you or your loved one is hospitalized and suffering. If another party was at fault, you have the right to pursue full compensation. Unfortunately, it can be difficult to be treated fairly by the insurance company. These companies operate for profit, and use various tactics to convince injured people to accept and sign off on lowball settlements. Don’t let this happen to you and your family.

Step One: Get the Right Attorney

Your first step, as soon as you are able, should be to get legal representation from a qualified and experienced auto accident lawyer. The difference in the amount you are paid in a settlement can be significant. Your lawyer will advocate for you and your interests, and understands how injury cases are valued, and will help you fight for a fair settlement.

New York auto accident lawyer Justin Brandel has made a name for himself through consistently achieving high value settlements for his clients. He is a powerful litigator and stands firm for his clients, demanding justice and full compensation. Call his firm today for more information and a free case evaluation.

Speak with an attorney about your case today.

Or fill out the form below:

Slip and Fall Accidents — Who Is At Fault?

Slip and Fall Accidents — Who Is At Fault?

A slip and fall accident can be very dangerous, and many are seriously injured every year in New York. The winter months pose greater risks due to the ice and snow brought in by storm systems. Under New York law, property owners or managers are required to clear the ice and snow accumulated in public walking areas, but in many cases, property owners fail to follow the rules — and innocent pedestrians pay the price.

The law requires that property owners clear ice and snow once the snow has stopped falling. The hours of removal are specific, and New York City government lists them as follows:

  • If the snowfall ends between 7 am and 5 pm, the property owner must clear sidewalks within 4 hours.
  • If snowfall ends between 5 pm and 9 pm, the sidewalks must be cleared within 14 hours.
  • If snowfall ends between 9 pm and 7 am, sidewalks must be cleared by 11 am.

In a perfect world, all would take responsibility, follow the laws, and do everything reasonably possible to keep others safe from harm. Unfortunately, this is not a perfect world. Every year, thousands of people slip and fall on New York City sidewalks, crosswalks, entryways, stairways and other areas. The question is — who can be held accountable?

Negligence and Slip and Fall Cases in New York

The answer lies in the legal concept of negligence. Did the property owner fail to remove snow or ice, or fail to warn a visitor to the property of the risk of a slip and fall? Who owned the property — a homeowner, commercial enterprise, government agency, or the City? Once the negligent party or parties are identified, an injury claim can be filed to recover compensation for the slip and fall accident. It is strongly advised that you get legal help from a skilled slip and fall lawyer in New York. Based on the initial investigation to identify the liable parties, there may be a very limited window of time in which to legally file an injury claim.

If the slip and fall occurred on the street, on public property, there is far less time in which to file an injury claim than cases involving a private party. It is advised that you discuss your situation with a qualified lawyer to help you determine what to do, and the deadlines that must be met. If you fail to file within the statute of limitations, there is literally no case, and no chance to seek financial compensation or get the justice you deserve.

Talk to a Slip and Fall Lawyer Who Has a Long Record of Success

Attorney Justin Brandel is an advocate for the injured, and has made it his mission and his life’s work to help them seek justice. With an extensive track record of high value settlements and verdicts, you can be fully confident that everything possible will be done to help you pursue the maximum level of compensation in your case.

Speak with an attorney about your case today.

Or fill out the form below: