Slip and fall accidents are a leading cause of hospital emergency room visits, workers’ compensation claims, and accidental deaths in homes.

Sidewalks are among the most common places for trip-and-fall accidents, especially with our high pedestrian traffic in New York City. Sidewalks are designed to be safe places for people to walk, jog, take out their dogs, and push strollers. However, weather conditions, dangerous obstructions, and sidewalk damage can cause unsafe conditions, leading to injuries and lawsuits.

From the legal team at the Law Office of Jeffrey K. Kestenbaum, here’s a discussion of determining who is at fault for a sidewalk fall and sidewalk safety tips to protect yourself.

Causes of Sidewalk Trip-and Falls

During harsh and ever-changing New York weather, sidewalks often crack and create uneven surfaces. Rain, snow, and ice can cause potholes on sidewalks, where water pools and makes tripping hazards.

When it is raining, snowing, or icing, sidewalks become slippery and cause pedestrians to fall. Even on nice weather days, debris, such as kids’ toys, autumn leaves, and construction equipment, can create sidewalk hazards.

Proving Negligence in a Sidewalk Accident

Proving who’s at fault for a sidewalk accident is often complex and involves multiple parties. Local ordinances typically mandate that municipalities keep public sidewalks safe. However, there are also laws that make property owners responsible for sidewalks along their properties.

According to the New York City Administrative Code Sidewalk Rules, “It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.”

The NYC sidewalk code explains in Section 7-210 that the city is relieved of liability for any injury that anyone suffers on a sidewalk next to private property, with some exclusions.

Therefore, NYC homeowners and business owners are generally responsible for taking care of and paying for sidewalk maintenance in front of and abutting their properties. Meanwhile, the city may be responsible for sidewalks that do not adjoin private properties.

Sidewalk Safety Tips

As a pedestrian in New York City, it is crucial to be mindful of your surroundings to prevent sidewalk falls and the prolonged pain, suffering, and expense that they can cause.

Oftentimes, our clients aren’t to blame for their fall injuries because a property owner was at fault for poor sidewalk maintenance. But in other cases, plaintiffs share responsibility for their injuries because they were distracted, intoxicated, or otherwise irresponsible.

Here are some sidewalk safety tips to remember as you walk throughout our city on a daily basis:

• Obey traffic signals and always use crosswalks
• Avoid distractions like cell phones while walking
• Make eye contact with drivers to ensure they see you walking
• Wear light-colored and reflective materials when walking at night
• Be alert about your surroundings, especially during adverse weather
• Report sidewalk damage you see to property owners

Legal Help for Your Sidewalk Fall Case

Proving liability in a sidewalk trip-and-fall case involves showing that the responsible party was aware of a sidewalk hazard or that the damage or obstruction existed long enough that the party should have known about it. This information demonstrates whether a trip-and-fall accident was foreseeable and if the property owner could and should have warned people about the dangerous condition.

To navigate this complicated assessment, the Law Office of Jeffrey K. Kestenbaum provides personal injury representation to people who were injured on NYC sidewalks.

You can contact us day or night at 718-237-5586 for a free legal consultation about your sidewalk fall incident. We’ll walk you through the process of filing a claim and holding the responsible party accountable for your injuries and other damages.

Cycling is one of the best ways to get around New York City because of the exercise benefits, the ability to explore different neighborhoods, and reduced environmental impact. Approximately 28% of New Yorkers ride bikes, which means about 1.8 million people could be out riding at any given time.

However, despite NYC’s extensive bike infrastructure with hundreds of miles of dedicated and protected lanes, bike accidents are far too common. Bike fatalities have been on the rise lately, with many unfortunate and preventable injuries occurring throughout the boroughs.

If you were hit by a car on a bike in Brooklyn, here’s what you need to know to take care of yourself and protect your legal rights.

Common Causes to Be Hit by Car on Bike

Collisions between bikes and vehicles are among the most common reasons for bike accidents. Many of these accidents occur when cars and bikes must share lanes. Accidents also happen when cars make left turns in front of oncoming bikes and when drivers enter roads without seeing bikes in their path.

Cyclists may be hit by cars due to distracted or intoxicated driving, speeding, or failing to yield to bikes at intersections. However, cyclists can also be fully or partially to blame for their injuries if they aren’t paying attention to the road, not wearing helmets, or haven’t equipped themselves with reflective gear and lights.

Common bike accident injuries include bone fractures and traumatic brain injuries.

What to Do If You Get Hit by a Car on a Bike

The first thing to do after your bike is hit by a car is to prioritize your safety. If you are able, move off to the side of the road and call 911 for help.

While you wait for the police to arrive, exchange information with the driver of the vehicle and get yourself to a hospital or doctor as soon as possible. Essential details to collect at the accident scene include the vehicle’s license plate number, the driver’s insurance information, witness contact details, and photos of the scene and your injuries.

During these initial verbal exchanges, do not admit fault, even if you believe you could have been at least somewhat to blame for the incident. Discussions of fault can be left for later when an attorney reviews the police report, witness testimony, and medical records describing your injuries.

I Got Hit by a Car While on My Bike – What Do I Do?

Even though you may be in shock after being struck by a vehicle, it is crucial to keep your cool and not panic. It will only make the situation worse if you angrily yell at the driver or downplay your injuries just to avoid conflict.

In addition to taking the steps above after your accident, getting your bike checked out at a repair shop is vital. Since you’ll likely be shaken up and your bike potentially damaged, it is wise to get alternate transportation home rather than getting back on your bike to ride to your destination.

Legal Help After Being on a Bike Hit by Car

We hope that you now understand what to do if you get hit by a car on a bike in Brooklyn. Hurt cyclists in Brooklyn need the experienced legal expertise of a personal injury lawyer who understands the local laws and provides dedicated, aggressive representation to recover the best settlement possible in your case.

If you or someone you love has been hit by a car on a bike, please contact us for a free, no-obligation legal consultation. Day or night, we are here for you and just a call away at 718-237-5586 to help you return to everyday life after a bike accident.

Slip-and-Fall Accidents and Lowe’s

There are over 1,700 Lowe’s home improvement stores across the U.S. where you can shop for tools, appliances, lighting fixtures, and much more. Unfortunately, Lowe’s stores are also common places where injuries occur due to hazardous conditions.

If you are wondering how to file a lawsuit against Lowe’s, the Law Office of Jeffrey K. Kestenbaum can help. Here are the steps to follow after your accident and as you pursue a case against the corporation.

Common Causes of Injuries at Lowe’s

Many situations can lead to accidents and injuries in Lowe’s stores. People may slip and fall on wet floors or trip over merchandise left out to be stocked on shelves. Accidents can occur if employees operate forklifts or other heavy machinery around customers.

You could also be injured at Lowe’s due to poor lighting in the aisles, uneven floor mats that create tripping hazards, and spilled industrial cleaners on the floor. Even outside the store’s doors, poorly maintained parking lots can create dangerous conditions due to broken sidewalks and adverse weather conditions.

I Got Hurt at Lowe’s – What Should I Do Now?

If you ever find yourself saying, “I got hurt at Lowe’s,” and aren’t sure what to do next, the first thing to remember is to seek medical attention for your injuries. Even if your injuries seem minor, it is vital to see a doctor as soon as possible to care for your health and support your potential claim against the store.

Take photos and notes detailing the accident scene and collect any witnesses’ contact information. Inform the store manager about your accident and do not admit any fault. As soon as you are able, contact a personal injury attorney with experience in broken bones, concussions, nerve damage, and other slip-and-fall injuries.

How to File a Lawsuit Against Lowe’s

Lowe’s is responsible to you as a customer for maintaining safe stores and repairing hazards before people get hurt. When stores fail to care for their property, they can be found negligent in court.

To go up against a major corporation like Lowe’s, you need the expertise of a skilled lawyer who will handle the insurance companies and fight for your legal rights. Your attorney will gather evidence to support your claim, draft a legal complaint outlining the damages you suffered, and file the complaint with the court. From there, the legal process may involve:

• Serving Lowe’s with a lawsuit.
• Allowing time for the company to answer the complaint.
• Engaging in the discovery process.
• Attempting settlement negotiations.
• Taking the case to trial.

Pursuing a Lowe’s Slip-and-Fall Settlement

Many people have successfully pursued a Lowe’s slip-and-fall settlement after being injured in a Lowe’s store due to the company’s negligence.

Depending on the circumstances of your accident, you may be able to sue Lowe’s for various economic damages, including medical expenses, lost wages, and rehabilitation costs. Although more challenging to quantify, you may also be entitled to non-economic damages, such as pain and suffering, loss of enjoyment of life, and emotional distress.

Consider Us for Your Lowe’s Lawsuit Attorney

At the Law Office of Jeffrey K. Kestenbaum, we know what it takes to win against major corporations like Lowe’s.

If you believe a Lowe’s store was at fault for your injuries after an accident, don’t hesitate to contact us online or at 718-237-5586. We offer free, no-risk case evaluations and will handle every aspect of your case so you can focus on rebuilding your health and feeling well again.

No one likes the idea of getting hurt while enjoying vacation but slip and fall at hotel injuries are incredibly common. If you are involved in an accident at a hotel, you might wonder what your legal recourse is and how you can hold the hotel responsible for your injuries.

The Law Office of Jeffrey K. Kestenbaum is your local lawyer for hotel injuries in New York.

Common Causes of Slip and Falls at Hotels

Many potential hazards can affect you and your family while staying at a hotel. For example, wet and slippery floors can cause falls due to excess wax, spilled drinks in the lobby, damp pool areas, and rain and snow conditions tracked inside.

Other hotel slip-and-fall incidents occur due to poor lighting, uneven flooring, and cluttered walkways. You may sustain injuries in a hotel due to unsafe stairs, faulty elevators, or missing handrails. Poor hotel maintenance, lack of safety signage, and improperly stored cleaning equipment can also result in hotel injuries.

Consequences of Being Injured in a Hotel

An accident in a hotel can cause a person to suffer from broken bones, concussions, and back and spinal injuries. Bruises, sprains, dislocations, cuts, and burns are common in hotel accidents.

There are also psychological injuries that can result from getting hurt in a hotel, such as post-traumatic stress disorder, anxiety, and loss of enjoyment of daily activities.

Can You Sue a Hotel for Injury?

Hotels must ensure the safety of their guests, and they can face negligence and liability for injuries if they fail in this responsibility. Yes, you can sue a hotel for injury because hotels have a legal duty to keep their facilities and grounds well-maintained.

Many people successfully sue hotels for slip and fall accidents, injuries from poorly maintained facilities, security failures, swimming pool accidents, and hazards caused by construction and renovations. If you sustain injuries at a hotel, seek medical attention, document the accident scene, and report the incident to a hotel manager.

How to Pursue Hotel Injury Compensation

Like other personal property owners, hotels must meet premises liability standards. Guests can sue them for negligence, failing to repair or inspect the property, or failing to address a known hazard.

If you have a valid case against a hotel, you could receive compensation to help pay for your current and future medical bills, lost wages if your injuries caused you to miss work, and pain and suffering for your physical and emotional distress.

However, remember that a three-year statute of limitations will generally apply to hotel injury cases. Therefore, it is crucial to consult a hotel injury lawyer as soon as possible if you wish to pursue a case against the at-fault hotel.

Contact Us for a Hotel Injury Lawyer

At the Law Office of Jeffrey K. Kestenbaum, we know how to hold negligent hotels accountable for their actions and ensure justice is served to compensate you for your injuries.

Now is not the time to suffer in silence if you were injured in a hotel. We are here to guide you through the legal process with dedicated representation you can trust.

For your free hotel injury consultation, please call us 24/7 at 718-237-5586 or contact us online today.

Uber Accident Claims and How an Uber Accident Lawyer Can Help

Rideshare services like Uber are incredibly popular in New York City, with hundreds of thousands of people taking rides every day. Ubers are a convenient and efficient way to get around the boroughs. However, Ubers are not immune to traffic accidents, and Uber accidents have become increasingly common as more rideshare vehicles hit the streets of NYC.

So, what happens if you are in an Uber car accident?

Here’s an overview of how to file an Uber accident lawsuit and hire an Uber accident lawyer to pursue your case.

Can You Sue Uber for an Accident?

Yes, you can sue Uber for an accident. However, the details of your Uber crash will dictate if you should sue the Uber company, your Uber driver, or another at-fault party.

If your Uber driver was on the clock and actively transporting a passenger at the time of an accident, then you should consider suing the Uber company for any injuries you suffered from the Uber car accident.

Uber’s insurance program requires Uber drivers to maintain auto liability insurance on their vehicles while driving for Uber. The coverage en route to pick up a customer and during a trip includes third-party liability, contingent comprehensive and collision, and uninsured/underinsured motorist bodily injury coverage. The third-party liability coverage can be very significant but varies by state and circumstance.

However, if you are in your own personal vehicle and hit by an Uber driver who was not carrying a customer or who was off the clock, it may be best to file a claim against that driver rather than the Uber company. The company typically denies claims against them if the Uber driver didn’t have a passenger when the accident occurred.

Key Considerations in Uber Accident Claims

As with all auto accidents, you must be able to prove fault in your Uber crash to hold the correct person or entity accountable for injuries and damages caused. You may also be injured in an Uber accident, but someone else besides your driver caused the accident.

Proving fault after an Uber accident can be complex, as the company is beyond capable of hiring aggressive defense attorneys to avoid responsibility and argue that an at-fault driver is not technically its employee. Uber classifies its drivers as independent contractors who operate independently while using the company’s technology platform.

Hire an Uber Accident Lawyer

Pursuing a case against a powerful, prominent company like Uber often requires expert legal arguments and extensive evidence. An Uber accident lawyer can help you navigate this process and understand Uber’s insurance policies as they relate to the circumstances of your Uber crash.

Remember that you are not alone if you are involved in an Uber accident. The Law Office of Jeffrey K. Kestenbaum is experienced with Uber accident claims, and we know what it takes to hold negligent parties accountable and bring them to justice.

But don’t delay seeking help because a statute of limitations of three years applies to Uber accident lawsuits in New York. Promptly seeking the advice of an Uber accident lawyer will ensure that the relevant evidence is still available, witness memories are still fresh, and filing deadlines are met so that you don’t miss out on your legal right to compensation.

For your free Uber crash consultation, please call us 24/7 at 718-237-5586 or contact us online.

Even in our modern times of rideshare services and mobile apps, taxi cabs are still a significant part of daily life in New York City. This iconic form of transportation is instantly recognizable as a symbol of the city and a common way to get around the boroughs.

But with all the traffic, long working hours, and frequent stops taxis must make, taxi cab accidents are more common than you might think. In a recent year, there were approximately 4,000 taxi accidents.

If you are involved in a taxi accident, here’s what you should do and how to find a taxi accident lawyer.

Gather All Relevant Information

If you were riding in a taxi cab at the time of the accident, you’re probably fairly certain that someone else besides you was to blame for the crash and any injuries you sustained. To prove your case against the at-fault party, collect information about your taxi driver, including the driver’s name, taxi cab company, license plate number, driver’s license number, and taxi registration company.

If you are able, also collect information about other involved parties at the crash site, using your camera phone to make this process easier if you are in shock or pain. Take photos of other involved drivers’ license plates, drivers’ licenses, vehicular damage, bodily injuries, and the accident scene.

If there were any witnesses to the accident, such as pedestrians or cyclists nearby, gather their names and contact information for future reference.

Call the Police

As with any auto accident, it is important to call the police after a tax cab accident.

Make sure to get a copy of the police report so that you have that available to file an insurance claim. Through your insurance claim or a lawsuit against a negligent driver, you may be entitled to taxi accident compensation.

See A Doctor

One of the most important things to do after a taxi accident is to go to an emergency room or a trusted doctor to have your injuries checked out. Even if you initially feel okay after your taxi crash, certain injuries, such as back pain, internal bleeding, and brain damage, may not start to be symptomatic until days or weeks after the crash.

Your Right to Taxi Accident Compensation  

Whether you were riding in the cab at the time of the accident or hit by a taxi cab while driving your own vehicle, you may be entitled to taxi accident compensation for your injuries, pain and suffering, and lost wages from missing work.

Yet suing a taxi company can be challenging based on whether they classify their drivers as independent contractors or employees of the company. This is where a taxi accident lawyer can step in to hold taxi companies and their drivers accountable for their actions. Your attorney will consider all possible economic and non-economic damages to fight for the largest recovery possible.

Call a Taxi Accident Lawyer

Jeffrey K. Kestenbaum is your local taxi accident lawyer available to help you navigate the legal process after a taxi cab crash. We will review all the details of your case, negotiate with the insurance companies to get you a fair settlement offer, or file a lawsuit to bring the at-fault party to justice if necessary.

For a free taxi cab accident consultation, please call our law office at 718-237-5586 or fill out our online form

Please keep our number handy for whenever you or someone you care about is involved in any vehicle accident, taxi cab-related or otherwise, and we will help you with experienced and dedicated representation.

Statistics show that most car accidents happen within 10 miles or less of your home. This phenomenon may be because we drive most often here and perhaps become more distracted and complacent about safe driving habits on familiar roads,

But if you’re away on a trip, you may also be prone to accidents due to overtired driving, getting lost, or looking up directions.

Here’s what you should do if you get into a car accident out of state and how to get the legal representation you need immediately.

Things to Do After Any Accident, Anywhere

Regardless of where your accident occurred, there are specific steps to take the best care of yourself, your vehicle, and any other parties involved.

Here’s a car accident checklist to remember so that you are prepared for whatever may happen on the road wherever you are:

• Don’t panic
• Don’t leave the scene
• Assess your injuries and those of anyone else in your car
• Move your vehicle to the side of the road if possible
• Call the police
• Exchange insurance information with the other driver(s)
• Don’t admit fault, even if you believe you are to blame
• Take photos and write down other information about the accident scene
• Collect contact information from any witnesses
• Contact your auto insurance company
• Contact an auto accident lawyer

Know State-Specific Laws

If you get into an accident in a different state, you will be held to the laws of the state where it happened – not where you reside. Basic traffic laws vary from state to state on some issues, such as texting and driving and whether a first-time DUI offense is a misdemeanor or a felony.

Meanwhile, some states legally require drivers to shift lanes or slow down when approaching emergency vehicles with flashing lights. If you are relocating to a different state, be mindful of laws dictating how soon you must get a new driver’s license for that state as a new resident.

Understand State-Specific No-Fault Laws

A no-fault auto insurance law means a driver must file a claim with their own insurance company after an accident, no matter who was to blame. Personal injury protection coverage is required on auto insurance policies in no-fault states.

No-fault laws aim to keep small claims out of court and help reduce auto insurance costs. However, drivers can sue negligent parties in the state where the accident occurred for their injuries, pain, and suffering.

Twelve states have no-fault auto insurance laws: Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota, and Utah.

There are also three “choice no-fault” states (New Jersey, Pennsylvania, and Kentucky) where drivers can choose between a no-fault auto insurance or a traditional tort liability policy. In all other states, drivers have no lawsuit restrictions and can be sued by other drivers and their passengers for medical costs, pain, and suffering.

Legal Help for Out-of-State Accidents

Attorneys are licensed to practice in specific states, and it is generally advisable to hire an attorney licensed in the state where the accident happened. If you are an out-of-state resident who got into an accident in New York, please contact the Law Office of Jeffrey K. Kestenbaum for a free consultation.

If you are a New York resident involved in a crash somewhere else, you may also contact us at 718-237-5586, and we’ll help direct you to the resources you need. The sooner you talk to an attorney, the better to ensure that your statute of limitations to file a claim does not pass, leaving you without options to receive the compensation you deserve for damages.