motorcycles in high city traffic

Motorcycle Accidents in NYC and Common Factors to Avoid


Posted on August 29, 2019 by

There’s nothing quite like riding a motorcycle through New York City and feeling experiencing the exhilaration of all the sights, sounds, and smells of the city. However, there’s no denying that riding a motorcycle comes with its fair share of risks and that motorcycle accidents are all too common in NYC.

Here is some information about motorcycle accidents in NYC and how to be safer when you’re riding one or driving next to one in the future.

Prevalence of Motorcycle Accidents in the New York

According to the New York State Department of Health, about 166 people die annually from motorcycle crashes in our state. Approximately 1,600 New Yorkers go to an emergency room each year because of motorcycle crashes, and motorcyclists are about 37 times more likely to die in crashes than people in passenger cars. The biggest factor in motorcycle crashes in New York is unsafe driving speed.

In New York City, the fatal crash rate is about 14 percent of all traffic fatalities in the city. Other factors that put NYC motorcycles at a disproportionate risk of death is operating a motorcycle without being properly licensed to operate it and alcohol use.

Common Injuries from Motorcycle Accidents

Even if a motorcyclist is fortunate to survive a motor vehicle collision, he or she is likely to suffer very severe injuries. Road rash is very common after an accident, as well as broken bones, burns, and bodily disfigurement. Severe accidents can also cause spinal cord injuries, limb amputations, brain injuries, and paralysis.

If you have been injured in a motorcycle accident, it is important to seek immediate treatment for your injuries, call the police, and call a local motorcycle accident attorney.

Common Types of Motorcycle Collisions

Motorcycle accidents in NYC are most common on weekends and during afternoons and evenings. Most crashes here take place on city streets and not highways. They also most often involve passenger cars, rather than cyclists or pedestrians.

Based upon motorcycle registrations, Brooklyn and the Bronx have the highest rates of motorcycle fatalities – 6.0 percent and 6.7 percent, respectively.  The most commonly cited causes for motorcycle injury crashes in the city are overtaking, rear-ending, right angle movements, and left turns.

Safety Tips for Operating a Motorcycle

If you are a motorcycle rider, always wear the appropriate gear to prevent severe crash-related injuries, including a helmet, leather clothing, non-skid boots, and gloves. Follow all traffic rules, don’t weave in and out of lanes, be alert when you are riding, and never assume that other drivers can see you or are paying attention.

As the driver of a car, it is also your responsibility to be hyper-aware of motorcyclists in your vicinity. Practice the four-second rule, which means counting and leaving a four-second distance between your car and a motorcycle. Look carefully in all directions before turning, check blind spots frequently, and never cut off a motorcycle when you’re in a rush to get somewhere quickly.

Legal Help with Your NYC Motorcycle Accident

At the Law Office of Jeffrey K. Kestenbaum, our team of knowledgeable and experienced attorneys will help you get the justice you deserve after a motorcycle accident. We will provide you with a free legal consultation, and we are only paid if your case is successful. If we cannot get a satisfactory settlement with the insurance company, we are always prepared to take your case to trial.

Contact us or call us today at 718-237-5586 to discuss your potential case.

yellow caution tape with a Brooklyn street background

How to Handle Pedestrian Car Accidents in Brooklyn


Posted on August 21, 2019 by

Brooklyn is one of the most walkable places in America, which is great for running errands and commuting to work without the hassle of having a car in the city. However, pedestrians face significant dangers while walking around our borough due to the negligence of drivers who are distracted, reckless, or simply make a mistake.

This article will discuss the common occurrence of a pedestrian hit by a car in Brooklyn and how to handle this situation if it happens to you.

Pedestrian Hit by Car Statistics

Pedestrian injuries and deaths are on the rise in Brooklyn and throughout New York City. From the start of the year through August 8, we’ve had 67 pedestrian deaths, which is a 15.5 percent increase from 58 during this same period of time last year. One particularly troubling part of Brooklyn for pedestrians is the Brownsville neighborhood. This neighborhood has seen at least 154 crashes that have injured 12 pedestrians since July 2018.

Another big problem area is around Church Avenue and Ocean Parkway, which is a pedestrian-heavy area where cars are accessing the Prospect Expressway. At least 102 people have been seriously hurt at the Church and Expressway intersection over the past five years. New York roadways have also been very deadly places for cyclists and other drivers this year.

What to Do Immediately After You’ve Been Hit

Understandably, pedestrians are caught off-guard when a fast-moving car comes veering at them, which causes many victims to go into a state of shock. Therefore, it is a good idea to familiarize yourself now with the steps to do after you’ve been hit in case this should ever happen to you in the future.

Your health is the most important thing after you’ve been hit by a car, so seeking immediate medical attention should be your top priority. Document your injuries as soon as you are able in order to establish a record of what body parts were affected.

It is also important to call the police right away, even if your injuries initially seem minor. This is because you may still be in shock from the impact or not thinking clearly, and then injury symptoms worsen over time. While waiting for the police to arrive, do not discuss who was at fault with the driver or the driver’s insurance company. However, you will want to contact your own insurance company and a local pedestrian injury attorney to protect your rights and file a claim.

Making a Claim Against the Driver

In many situations, Brooklyn pedestrians have great cases against drivers who hit them, so these are cases worth pursuing. A driver is almost always found to be at fault for hitting a pedestrian in a crosswalk or who had a walk signal while crossing a road. However, liability may fall with the pedestrian if the pedestrian was jaywalking or running across the road to beat traffic.

In addition to making a claim against the driver, it is also possible for an injured pedestrian to pursue legal action against the city because of a broken traffic light, missing stop sign, or other unsafe road condition under the city’s control that may have contributed to the accident.

Who Should Pay Your Medical Bills?

The human body is no match for a moving vehicle, which is why any pedestrian is fortunate to survive being hit by a car. Some of the most common injures that pedestrians experience are concussions, hemorrhages, scalp lacerations, contusions, spinal cord injuries, and broken bones. All these injuries are very costly to seek medical treatment for, which is why you need a pedestrian accident attorney to pursue the driver’s insurance company for damages.

New York is a “no fault” state for auto insurance, which means the driver’s auto insurance company will likely pay some or all the injured pedestrian’s medical bills. “No fault” standards generally ensure that an insured person is reimbursed by his/her insurance company for damages no matter who was at fault for the accident. However, you may need to file a claim within 30 days from the accident to receive these benefits.

Brooklyn Legal Help for Pedestrian Car Accidents

Jeffrey K. Kestenbaum is an experienced in pedestrian hit by car accident cases in Brooklyn. Our law office has helped many pedestrians pursue cases against drivers and receive the compensation they deserve to help cover their medical bills, pain and suffering, and lost wages from missing work.

If you’ve been hit by a car, call our office today at 718-237-5586 and we will schedule your free consultation. Being struck as a pedestrian is a traumatic experience, so let us fight for you and make Brooklyn a safer place to walk and live.

taxi cab speeding over the brooklyn bridge

What to Do After Being Injured in a Taxi Accident


Posted on July 31, 2019 by

Taxi cabs are deeply ingrained into New York City culture and a convenient way to get around without having to deal with traffic and parking. However, taxis are certainly not immune to roadway accidents, which often catch both passengers and pedestrians off-guard.

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NYC MTA Bus

Bus Accidents in New York City and How to Protect Yourself


Posted on July 23, 2019 by

New Yorkers rely upon city buses to get them around the city every day and getting into an accident is the last thing on their minds during a commute. However, MTA buses get into accidents every day and cause innocent riders to suffer from injuries and even death.

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Drunk driving accident victim photographing their car

Hire an Attorney After Drunk Driving Accidents


Posted on June 20, 2019 by

Drunk driving is far too common in our society and results in devastating injuries, property damage, and even death in Brooklyn. Since the injuries from drunk driving accidents are often severe and because determining liability can be a complex endeavor, it is important to call a drunk driving accident attorney if you’ve been affected by a drunk driver’s negligence.

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New york city ambulance back doors

Emergency Vehicle Accidents in Brooklyn


Posted on May 22, 2019 by

We rely upon emergency vehicles, such as ambulances, fire trucks, and police cars, to help us when we’re sick, injured, or in danger. When an emergency vehicle responds to an incident, it must often travel at speeds above the speed limit, weave in and out of traffic, and blow through traffic lights without stopping. While these driving practices may help save the life of a person being transported, they can also put other innocent drivers, cyclists, and pedestrians at risk.

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Sunlight shines down the streets of New York City with taxis stopped at the intersection

Dangerous Intersection Alert: How to Avoid Car Accidents in Brooklyn


Posted on May 15, 2019 by

In New York City, not all intersections are created equal, and some are far more accident-prone than others. Unfortunately, many of these problem spots are right here in Brooklyn. A recent Localize Labs study revealed the 20 most dangerous intersections for pedestrians and cyclists, and eight of them were right here in our borough.

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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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