new york city scaffolding

What You Should Know About Scaffold Accidents, Injuries, and Death

Posted on October 21, 2020 by

Scaffolding is necessary at many construction sites to enable workers to reach high locations, provide a working platform, and offer a place to store materials. However, scaffolding is also a major source of accidents at construction sites and often results in devastating injuries to workers who were just trying to do their jobs.

Here is some information about scaffolding accidents and how to know if you should pursue a wrongful death case on behalf of a loved one who was involved in this type of tragedy.

Causes of Scaffolding Accidents

Scaffold accidents, injuries, and deaths are often caused when the scaffolding supports break because they are defective or assembled improperly. Construction workers and even other people just walking by can trip over scaffolding. Ordinary citizens may have an accident claim due to scaffolding due to a landlord’s negligence, for example.

Slips and trips often occur when the scaffolding is slippery due to weather, where it lacks guardrails, or when workers have not properly been trained for the job they are doing. Winter weather makes scaffolding even more dangerous than it usually is for workers and pedestrians. If a person or company places scaffolding too close to a power line, electrocution can occur. Workers who are careless, overloaded scaffolds, falling objects, and using damaged scaffolding for a project can all lead to serious injuries and even death.

Common Injuries and Scaffolding Accidents

Because scaffolding is placed at high levels and often around dangerous materials and wiring, very serious injuries can occur. Unfortunately, death scaffold cases are far too common here in New York. Some of the most common injuries due to scaffolding accidents include spinal cord injuries and traumatic brain injuries. Many people break bones due to scaffolding accidents, suffer from severe cuts and scrapes, and paralysis is possible in severe situations.

Many of these injuries can be prevented with the proper training of construction workers and ensuring that workers have the appropriate safety gear. Businesses that use scaffolding must inspect it regularly for defects, replace worn-out materials, and take the time to construct it properly according to OSHA standards.

Wrongful Death Cases for Scaffolding Accidents

Dozens of people die each year because of scaffolding-related accidents, which prompts the question of whether a wrongful death case can and should be pursued. A wrongful death case may be appropriate if a person dies in a scaffolding accident due to the fault of another person. If you believe that someone’s negligence was to blame for such a death, it is important to speak to a knowledgeable wrongful death attorney right away.

Various parties may be entitled to make a wrongful death claim, such as a surviving spouse, children, separated spouse in some situations, life partners, financial dependents, putative spouses and even distant family members. Compensation from a wrongful death case can help with the many expenses associated with the passing of a loved one, including lost wages and benefits, medical expenses, pain and suffering, funeral expenses, and household services.

Get Help with Your Injury or Death Scaffold Case

In addition to pursuing a wrongful death case because of a scaffolding incident, you may also be able to pursue a personal injury claim and a workers’ compensation claim. The Law Office of Jeffrey K. Kestenbaum can help you with your scaffolding-related case, regardless of whether you were the victim, a loved one was the victim, or if the accident resulted in injuries or death. Based on the circumstances of your case, it may be possible to bring a civil claim against one or more parties for failing to prevent a scaffolding injury or causing it through negligent actions.

Call us anytime 24/7 at 718-237-5586 to speak with an attorney about your scaffolding matter. You can also contact us online to learn more about how we can help you be successful in recovering the maximum monetary award and settlement for an injured person.

brooklyn nyc

What Are the Main Causes of Pedestrian Accidents?

Posted on August 28, 2020 by

Automobile crashes are all too common in New York, but pedestrians are especially vulnerable because no human body can withstand the force of a vehicle barreling towards it. Pedestrian-related accidents can be the fault of the driver, pedestrian, both, or another party, but no matter who’s at fault, the results can be devastating for a person on foot.

Here are the main causes of pedestrian accidents so that you can be aware of these common situations and avoid and deal with them accordingly.

Left Turns

Left turns are problematic because drivers and pedestrians are looking in different directions when they occur. Drivers are typically looking at the intersection while pedestrians are looking straight ahead, which means they may not see each other in time.

Not Crossing at Crosswalks

Jaywalking, or walking across the part of a street without a designated crosswalk, is a common reason why pedestrians get hit. Intersections are common accident spots, but simply using a crosswalk makes an accident far less likely.

Distracted Drivers or Pedestrians

Modern technology has made roadway situations less safe for both drivers and pedestrians. Both groups of road users commonly try to multitask, whether it’s by texting, changing music stations, looking up directions, or otherwise using a mobile device.

Alcohol Use

Drunk driving is a common cause of pedestrian accidents because alcohol impairs a driver’s judgement and affects reaction time. However, pedestrians under the influence of alcohol also make poor decisions about when to cross streets and can become reckless in the middle of roadways to cause accidents too.

Wearing Dark, Non-Reflective Clothing

Pedestrians who wear dark colored clothing are more likely to be hit by cars who cannot see them well at night. This is why runners and walkers should wear reflective gear after sunset to make themselves more visible to drivers.

Rolling Stops

Pedestrian accidents occur frequently when a driver fails to come to a full stop at a red light or stop sign, choosing to roll through the traffic signal instead. This commonly happens when drivers are in a hurry and don’t look for pedestrians while trying to rush through an intersection.

Speeding Drivers

People who drive above the speed limit put pedestrians at a higher risk because it is harder to stop quickly in a vehicle when you are traveling at a high speed. A driver can be held liable for an auto accident due to speeding even if a pedestrian was negligent while crossing a street.

Get Help with Your Pedestrian Accident Case

If you have been involved in a pedestrian accident, the Law Office of Jeffrey K. Kestenbaum can help. Due to the complexity and severity of these types of accidents, you need a reliable and knowledgeable Brooklyn personal injury lawyer on your side to get the compensation you deserve.

To learn more and for a free consultation, call us 24/7 at 718-237-5586 or send us a message online.

Justice Scales and books and wooden gavel

Evidentiary Standards and the Burden of Proof in New York

Posted on August 19, 2020 by

In New York, plaintiffs bear the burden of proof in personal injury cases, which means that they must prove that the defendant was at fault for the accident and injuries. In general, evidentiary standards are typically preponderance of the evidence or clear and convincing evidence for civil cases and proof beyond a reasonable doubt for criminal cases. This article looks at the evidentiary standards in New York and how the burden of proof applies to cases pursued in our state.

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NYC traffic

Why You Need a Traffic Accident Lawyer by Your Side After an Accident

Posted on August 5, 2020 by

Thousands of automobile accidents occur every year in New York City, yet many drivers are convinced that it will never happen to them. Yet even the slightest incident of not paying attention or adverse weather conditions can cause devastating effects to an unsuspecting driver’s health, vehicle, and ability to live a normal life.

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new york city streets and appartments

Property Damage Claims in NYC and When You Need a Property Damage Lawyer

Posted on August 3, 2020 by

You work hard to be able to buy things that you want and need, which is why it’s so frustrating when another person willfully and intentionally damages your personal property. Property damage can occur in many different circumstances, and some claims are considerably more difficult to prove in a court of law than others. Here’s a look at how to pursue a property damage claim in NYC and when it’s time to hire an experienced property damage lawyer.

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attorney talking with client

What to Know About Making a Slip and Fall Claim Against Someone with Homeowner’s Insurance

Posted on July 2, 2020 by

Slip and fall accidents can take place essentially anywhere, such as a public sidewalk, a retail store, or someone else’s house. If you have an accident while visiting a friend, relative, or neighbor, one of the first questions to ask is if the person has homeowner’s insurance. Most homeowners do carry this type of insurance, especially if they have a mortgage.

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car accident with airbags

What to Do After a Car Accident Total Loss When You’re Not at Fault

Posted on July 2, 2020 by

A vehicle is considered to be a total loss when the amount to cover repairs would be greater than the current value of the vehicle. These are often serious accidents that may or may not involve injuries. They can also create complex legal questions that require the expertise of a car accident total loss attorney to avoid being taken advantage of and lose a sizable sum of money.

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woman working from home office

What You Should Know About Work from Home Slip and Fall Accidents During the Pandemic

Posted on June 3, 2020 by

Due to the spread of COVID-19 and social distancing guidelines, many New Yorkers are finding themselves working at home for the very first time. Not only can working at home pose technological and logistical challenges, but it can also lead to compromised safety and more accidents around the home.

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columns of a court house in NYC

How is COVID-19 Impacting Court Cases in New York?

Posted on June 3, 2020 by

Over the past few months, COVID-19 (coronavirus) has been affecting nearly every aspect of daily life, including the legal system. There is now a distinction between “essential” and “non-essential” court functions, while social distancing protocols have changed the way that judges, attorneys, and clients interact with each other.

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uber driver in car with passenger in back seat

What Happens If You’re in an Uber Accident and How to Pursue a Rideshare Lawsuit

Posted on April 21, 2020 by

Ridesharing is a popular way to get around New York City and often a safe, convenient, and accessible alternative to driving yourself or owning a car. However, Uber and Lyft rides are not immune to car accidents, which poses serious legal questions for rideshare passengers who are injured while using these services.

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