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Posted on November 20, 2017 by Jeffrey K. Kestenbaum
Rideshare companies like Uber, Lyft, and Juno have changed how people in the United States and around the world get around. Before, your transportation options in New York City were generally:
Each of these has its pros and cons. One of the greatest cons of riding a cab is its high price. Now, rideshare cars permeate the roadways, giving carless New Yorkers a fast, affordable alternative to the options above.
Posted on August 15, 2017 by Jeffrey K. Kestenbaum
If you have been injured in a New York car accident, the amount of compensation you can expect to receive will come down to one word: negligence. Basically, negligence refers to someone acting in a careless manner and causing injury to another person. While it seems so simple, it’s much more complicated in the eyes of the law.
Posted on June 22, 2017 by Jeffrey K. Kestenbaum
A car accident can potentially cause one or more victims to suffer severe injuries. These injuries can lead to permanent disability or death. In less dramatic cases, an injury can keep the victim from working for a prolonged period and require him or her to undergo extensive medical treatment.
If you drive or ride a bicycle in Brooklyn, know the laws that apply to your case and how personal injury claims work. You could find yourself facing financial expenses after an accident and considering filing a personal injury claim to seek compensation for them.
Posted on February 15, 2017 by Jeffrey K. Kestenbaum
Bicycle accidents, like other types of accidents such as automobile and motorcycle accidents, have many causes. Often, they are due to negligence on the part of the bicyclist or another party. Because a bicycle does not provide the level of protection that a car provides, bicyclists can suffer traumatic injuries more easily than motorists and their passengers. If you ride a bicycle in New York City, take the time to learn about the most common causes of bicycle accidents and what you can do to stay safe.
Posted on November 28, 2016 by Jeffrey K. Kestenbaum
Driving in Brooklyn can be frustrating. Many of us commute into or through other boroughs, Long Island, or into New Jersey every day for work. Even on a good day, the traffic can be challenging, and when accidents or construction cause traffic backups, a commute can seem downright oppressive.
When tensions rise, drivers are more likely to act in aggressive, dangerous ways. This creates an atmosphere where car accidents are more likely to occur, putting all parties on the road at a greater risk of being injured.
Posted on March 31, 2016 by Jeffrey K. Kestenbaum
Almost 300,000 car crashes were reported in New York in 2014, according to the state’s Department of Motor Vehicles website. Of those, more than 118,000 resulted in non-fatal injuries and over 180,000 caused property damage. New York drivers and passengers alike who have been involved in a car accident should learn about the state’s laws and insurance requirements because they affect property damage and injury claims that can be made and, should it come to litigation, settlement negotiations.
Posted on March 21, 2016 by Jeffrey K. Kestenbaum
Motorcycle accidents happen every day on U.S. roads and, although they may not occur more often than passenger vehicle collisions, there is a higher chance of serious injury or death. Motorcyclists have a higher likelihood of being involved in an accident. According to MedHelp.org, motorcycle accidents rank number 12 in the 25 most common causes of deaths. There are significant hurdles a plaintiff must overcome in order to be successful in a personal injury lawsuit involving a motorcycle crash. For this reason, it is important that after medical attention is received, a seasoned and aggressive Brooklyn personal injury attorney should be contacted right away.
Some common causes of motorcycles accidents include:
Liability, or who is responsible for an accident, is not always obvious in a motorcycle incident. Generally, liability in personal injury cases is governed by negligence. The person bringing the lawsuit in court (the plaintiff) must prove that the other person (the defendant) was at fault (negligent) in order to recover damages (monetary compensation). Even if the plaintiff is able to prove negligence, in many states a defendant can dodge full liability by establishing someone else contributed to the crash.
Brooklyn Motorcycle Accident Attorney
Motorcycle accidents happen every day on our American roads, and there are several causes for these crashes. Beyond the damage resulting from a motorcycle accident, whether to the individuals’ persons or their property, establishing fault may not be so simple. The legal abilities of a knowledgeable personal injury attorney can help you and your loved ones endure this difficult time. The Law Offices of Jeffrey K. Kestenbaum represent greater New York and has a staff that is fully fluent in Spanish. Do not delay; click here or call (718) 237-5586 today to schedule your initial case evaluation.
Posted on March 8, 2016 by Jeffrey K. Kestenbaum
It is not surprising that New York is one of the most dangerous places to drive in America, according to a New York Post article. In 2015, New York law enforcement dedicated close to 2,000 officers whose sole purpose was to crack down on dangerous driving. At least 12,000 hours each day was focused on targeting drivers who engage in distracted driving, speed, fail to yield, and park in traffic lanes, among other violations. The New York post is not alone. In its 2015 study of America’s Safest Drivers, Allstate ranked New York City as the 151st safest city to drive in.
Each year, an average of approximately 1,464 people die as a result of car accident-related injuries in New York, according to the state’s Department of Health. This results in the death of more than 7 out of every 100,000 New Yorkers. Male New Yorkers have a higher risk of dying in a car accident than females, especially if they are between the ages of 20 to 24 or age 65 and older.
An average of 150,000 emergency room visits were required in New York due to injuries resulting from a car accident, most of which were females. More than 15,000 victims required hospitalization because of car accident-related injuries. This translates to more than 80 out of every 100,000 New Yorkers. Again, males ages 15 to 19 and 20 to 24 are at a higher risk of injury and hospitalization than their same-aged female counterparts or older males.
Although New York City drivers compare better than drivers in Philadelphia and Los Angeles when it comes to safe driving, they are more dangerous than those behind the wheel in several other cities, including Chicago, Dallas, San Diego and Phoenix, to name a few. If you take a closer look at New York state specifically, drivers are twice as likely to be involved and killed in an auto accident in an urban area than a suburban one. In 2014, there were as many as 649 car-related deaths in metropolitan New York as opposed to 38 in more rural parts of the state according to data compiled by the Insurance Institute for Highway Safety. New York city drivers are 30 percent more likely than the national average to be involved in a car crash.
Accidents occur to millions on America’s roads each day. New York’s roads are no exception. Car accident cases can be complex. Sometimes liability is not always clear. If you or someone you know has been injured in an auto accident because of the negligence of another an skilled attorney should be contacted immediately. The legal professionals at the Law Office of Jeffrey K. Kestenbaum serve all five boroughs and handle many different types of personal injury. Click here or call (718) 237-5586 today to schedule your case evaluation.
Posted on February 25, 2016 by Jeffrey K. Kestenbaum
According to the New York’s Department of Motor Vehicles (NY DMV), in 2014 as many as 299,452 car accidents occurred in New York state. Approximately 118, 465 of these accidents resulted in injuries, 966 crashes had fatalities, and 180,021 ended in property damage only. With ride-share services such as Uber popping up all over the country, and Manhattan being no exception, on-the-job driver injuries are not uncommon. Accidents involving company cars, trucks and other vehicles – as well as private vehicles being used for job-related purposes – can raise various legal issues as to who is held liable for injuries.
For this reason, it is important to understand who is responsible for damages if you or someone you know has suffered an on-the-job injury. Contact an experienced Brooklyn car accident attorney right away to understand your rights and obligations under the law.
Respondeat Superior
Respondeat superior is a legal term that describes the relationship between employers and their company car driving employees. Latin for “let the master answer”, this term means an employer is legally responsible for its employee’s actions while that employee is acting within the scope of his or her employment. Responsibility of an employer includes paying for property damage and injuries caused by an employee while driving a company car.
Company Vehicle versus Personal Vehicle
When an employee is driving a company car, truck or other motorized vehicle more often than not he or she is acting within the scope of his or her employment and respondeat superior applies. On the other hand, if you are involved in a car accident with your personal vehicle, whether or not vicarious liability (i.e. employer responsibility) may or may not apply depending on the circumstances. Specifically, for vicarious liability to go into effect, the following must be established:
Put differently, if the accident was caused while the employee was on his or her way to do a service the employer hired the individual to perform, then the employer may also be held liable for the crash. If the accident was caused while the employee was running a personal errand, however, then the employer will not be held responsible for the crash.
Should an employee’s negligence cause another person’s injury or property damage, both the employee and the employer may be held liable (i.e. responsible for paying damages). A third party may include drivers of other cars, passengers in the other car or the company car, as well as bystanders. Generally, an employer’s liability insurance protects the employee by taking responsibility for liability and legal fees (known as “indemnification”) so that the employee will not be held personally liable. Damages involved may include medical bills, out-of-pocket expenses, pain and suffering, as well as lost wages.
An exception to indemnification is when the employee is committing a crime while driving a company vehicle. Should the car accident involve a criminal action, an employer has the right to refuse to indemnify the employee from third-party legal actions.
Brooklyn Car Accident Attorney
Determining whether or not an accident occurred during the scope of employment is a fact-specific inquiry that should be left to a knowledgeable legal professional. An experienced and aggressive car accident attorney can put forth a compelling case to be presented during settlement negotiations or at trial, in order to maximize the damages available. Contact the Law Office of Jeffrey K. Kestenbaum today at (718) 237-5586 for your free, initial case evaluation.
Posted on February 19, 2015 by Jeffrey K. Kestenbaum
Recently, CBS News correspondent Bob Simon died in a car accident in New York City. Simon had been the passenger in a for-hire Lincoln Town Car on New York’s West Side Highway. According to officials, the driver of the car lost control and hit a Mercedes-Benz stopped at a red light. The car then struck metal barriers that divide the highway’s northbound and southbound lanes.
Emergency officials found Simon unconscious in the back and transported him the hospital. The car had been crushed, and Simon had broken legs and a crushed chest. Simon suffered cardiac arrest at the hospital, and officials pronounced Simon dead thereafter. New York City medical examiners reported that Simon died from blunt-force injuries to his head, torso and extremities.
The driver of the car suffered two broken legs and a broken arm. Emergency personnel transported the driver to the hospital, where he was treated. The driver reported that he “blacked out” before the crash and does not remember what happened.
