Determining Fault in Chain Reaction Accident Involving Multiple Cars


Posted on April 25, 2019 by

The number of citywide motor vehicle collisions in New York has been around 16,000 per month lately, leaving thousands of motorists, cyclists, and pedestrians injured and killed. Many of these accidents involve just one or two cars, while others are the result of chain reaction accidents. These types of accidents involve three or more cars and create complex circumstances for determining fault and pursuing damages.

This article will explore what causes rear-end collisions and the process of determining who is at fault in a rear-end collision involving 3 cars or more.

What Causes Rear-End Collisions?

It is estimated that rear-end collisions make up about one-third of all automobile accidents, and these types of accidents can result in serious injuries even if it only appears to be a “fender-bender” at first. Rear-end collisions are often caused when the driver in front brakes very suddenly and doesn’t give the following car enough time to brake.

These collisions also result when a driver is following another car too closely and cannot stop in a reasonable amount of time. Heavy traffic, road rage, and driving under the influence of drugs, alcohol, or fatigue are all factors that lead to rear-end collisions and pile-ups of three or more cars.

Common Chain Reaction Accident Scenarios

One common scenario that we see far too often here in Brooklyn is when a driver is following another car too closely and can’t stop in time, thereby slamming into the first car and subsequently being hit by a third car from behind. Chain reaction accidents are common when a driver loses control before rear-ending another car or is pushed into another car from behind. A chain reaction can also occur if a driver rear-ends the preceding car and pushes that car into the middle of an intersection and in the way of oncoming traffic.

Who Is at Fault in a Rear-End Collision Involving 3 Cars?

One of the trickiest things about rear-end collisions involving three or more cars is determining fault and pursuing a liability claim. Making this determination involves finding out which driver was negligent because of carelessness or recklessness. But in some instances, more than one driver was negligent, and then it is a matter of dividing up each driver’s share of liability.

Something important to consider is what constitutes a safe following distance that allows enough room for a driver to stop safely. If it is determined that a driver was not maintaining a safe following distance, that driver will almost always be found at fault. In a three-car pile-up, a careless driver who rear-ends a car and pushes that car out into traffic at an intersection could be held liable for damages for all of the cars involved. If after a two-car rear-ending accident, a third car is unable to stop and crashes into the accident, the driver of the third car could be held liable for the initial victim’s injuries as well.

In court, a judge or jury will assign fault to each responsible defendant or perhaps even find that the plaintiff was partially negligent too. In New York, plaintiffs can recover personal injury damages even if they are partially responsible for multi-car accidents. However, their recovery amount will be proportionally lower based on the percentage they are found to be at fault.

How a Brooklyn Auto Accident Lawyer Can Help

As you can see, determining fault in a multi-car pile-up can be a complex matter, which is why it’s good to know an experienced auto accident attorney if it should ever happen to you. The Law Office of Jeffrey K. Kestenbaum has worked on many rear-end collision accidents involving three or more vehicles, and we know what it takes to find out who’s at fault in these situations and get you the compensation you deserve.

If you are involved in a chain reaction accident, police reports, eyewitness accounts, on-scene evidence, and proof of vehicular damage can help us pursue your case. We’ll obtain the relevant evidence, explain the next steps to you as your case moves through the legal process, and fight for you every step of the way. Regardless of the circumstances, it is in your best interest to seek professional help if your multi-car accident involves significant injuries or if someone is trying to place the blame on you.

Contact us day or night at 718-237-5586 or send us a message to discuss your rights and get a free consultation with one of our attorneys.

Blank billboard on canal street subway entrance

What New Yorkers Should Know About Slip-and-Fall Accidents at Subway Stations


Posted on April 19, 2019 by

The New York City subway has over 660 miles of track in passenger service, which is essential for getting us to work and around the city every day. Millions of New Yorkers and tourists rely on this MTA service, but it can also pose serious safety risks in the form of slip-and-fall accidents.

Here is some information about what causes slip-and-fall accidents at subway stations, who is liable for injuries sustained here, and what the MTA’s role is in maintaining NYC subway stations.

Common Sources of Subway Accidents

Subway stations can be some of the most dangerous places in the city, especially during inclement weather and for people with coordination or balance issues. Subway station stairs pose risks when they are wet, slippery, or very crowded with commuters. Individuals can also get injured at subway stations due to malfunctioning turnstiles, uneven platforms, cracked concrete, and littered walkways.

Who Is Liable for Subway Station Accidents?

Some people mistakenly think that any accident that happens at a subway station is automatically the fault of the MTA since the accident occurred on MTA property. However, some accidents are deemed to be out of the MTA’s control, such as the intentional or criminal action of another person at the subway station. The MTA cannot control the weather or where people decide to toss their trash, but it can control how it warns people about hazardous conditions and cleans up messes inside stations.

Premise liability cases against the city-owned MTA can be challenging to prove, especially when you’re going up against such a powerful entity. This is why you need an experienced local lawyer on your side to help you navigate the legal system to your advantage after a slip-and-fall accident.

Role of the MTA in Maintaining Subway Stations

Although the MTA cannot be held responsible for all slip-and-fall accidents that take place at subway stations, it still has a legal responsibility to keep stations safe and properly maintained. This means that MTA employees must post warning signs about station repairs or weather conditions that could pose hazards, and they must clear snow and debris from stairs in a timely manner.

To pursue a personal injury case against the MTA, you and your attorney must be able prove that the MTA breached its duty to properly maintain a subway station, that the MTA’s breach caused your fall, and that you were injured because of that accident.

When to Contact a NYC Subway Accident Lawyer

The longer you wait after a slip-and-fall accident at a subway station, the harder it will be to prove your case and recover damages to help cover your medical bills, lost wages, and pain and suffering. The Law Office of Jeffery K. Kestenbaum is here to help you gain compensation for all the financial losses you’ve suffered due to the negligence of the MTA. We will collect all of the evidence necessary to build a case and take on the MTA and the City of New York to ensure that justice is served.

You don’t have to suffer in pain and struggle through the legal process on your own. Contact us day or night at 718-237-5586 or send us a message to discuss your rights and get a free consultation with one of our attorneys.

 

Left Turn Traffic Light in NYC

Left Turn Car Accidents: Causes, Injuries, and Negligence


Posted on February 28, 2019 by

According to a study developed by the New York City Department of Transportation, left turns cause over three times as many pedestrian and cyclist serious injuries and fatalities than right turns do. Furthermore, NYC City Hall reported that between 46 and 56 pedestrians and cyclists died and between 5,577 and 5,928 pedestrians and cyclists were injured in a recent five-month period due to New York City traffic.

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NYC Sidewalks in the Snow

Slip and Fall Accidents Due to Sidewalk Defects


Posted on February 20, 2019 by

In New York City, slip and fall accidents can be caused by many things, including icy walkways, doorway obstructions, and medical conditions that affect a person’s balance. However, sidewalk defects are also a major cause of these injuries, which can be devasting and costly for unsuspecting pedestrians who fall victim to unsafe and unmaintained sidewalks.

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23rd street manhattan ny in the winter

The Serious Dangers of Senior Slip and Fall Accidents


Posted on January 29, 2019 by

Snowy and icy winter weather brings on an increase in slip and fall accidents, especially among senior citizens in New York City. According to the New York State Department of Health, falls are the top cause of emergency room visits, hospitalizations, and injury-related deaths among people over the age of 65. The prevalence of the slip and fall accident is on the rise in our state too, with 304 ER visits, 143 hospitalizations, and three deaths – all due to falls – among seniors each day in a recent year.

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view-of-empire-state-building-and-manhattan-skyline-from-a-uber

Commercial Semi Truck Accident Patterns


Posted on January 20, 2019 by

Commercial trucks are vital to the New York City economy. Yet driving a semi-truck around the five boroughs is not easy. Semi-trucks operate much differently than the average family sedan in terms of how they brake, steer, and create dangerous blind spots. All of these factors can lead to a New York truck accident. In fact, New York is one of the top ten states for the highest average of fatal large truck and bus crashes.

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No Hot Water in Your Apartment: What are Your Rights?


Posted on December 21, 2018 by

Depending on the circumstances, a landlord’s failure to provide hear or hot water is illegal, and unfortunately it is not an uncommon problem in NY. According to ny.curbed.com, In 2017 there were 21,894 complaints about heat or hot water in New York City in just one week.

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Back view of modern hipster man riding bike on bike lane, photographed in Brooklyn NY in July 2017

Cycling in NYC: Statistics to Inform Your Bicycle Commute


Posted on November 30, 2018 by

In 2017 the NYC Department of Transportation released their Safer Cycling: Bicycle Ridership and Safety in New York City study that analyzes growth of cycling and NYC’s bicycle network, noting that as the number of regular bicyclists has increased, cycling has grown dramatically safer.”

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civil engineer or architect with hardhat on construction site checking safety regulations on iPad

How to Prevent Construction Accidents


Posted on November 27, 2018 by

Construction is one of the most dangerous industries. Across all of NYC, one of every five worker deaths occurs in the construction industry. Specifically, in 2015, New York City’s Building Department (NYBD) recorded eight fatal construction-related accidents just in 2015, the highest it has been since the 2008 boom. Every day, construction workers subject themselves to the dangers of heights, heavy machinery, electricity, and power tools. Anyone of these elements can lead to injury or death.

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