Can You Sue a Hotel for an Injury? Understanding Your Legal Options

Posted on November 18, 2024 by Jeffrey K. Kestenbaum

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 Lawsuits: Can You Sue Uber for an Accident?

Posted on October 8, 2024 by Jeffrey K. Kestenbaum

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.

Here’s What You Should Do After a Taxi Accident

Posted on September 17, 2024 by Jeffrey K. Kestenbaum

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.

What to Do If You’re Involved in an Out-of-State Car Accident

Posted on August 27, 2024 by Jeffrey K. Kestenbaum

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.

The Most Common Construction Accidents and Injuries Caused

Posted on May 17, 2024 by Jeffrey K. Kestenbaum

Among the most important industries in the world is construction, which provides structures for safe housing, productive businesses, and growing communities. However, because of the nature of this work, construction is also one of the most dangerous industries in which to work. Construction workers face many on-site hazards at job sites due to others’ negligence, not following safety protocols, and environmental conditions.

This article explores the most common construction site accidents, typical construction site injuries, and how to seek help if you have been injured at a construction worksite.

Types of Construction Accidents

Falls from high surfaces are prevalent among construction workers and have been cited as the most frequent OSHA violation. This type of accident is even more common if workers are not adequately equipped with safety harnesses and guardrail systems on job sites.

During the workday, construction workers are often struck by swinging, falling, rolling, or flying objects. Similarly, workers can get stuck between objects in motion and become crushed between pieces of machinery or materials.

If you work in construction, you may also be at risk of electrocution due to faulty wiring or contact with power lines. Explosions and fires are real possibilities at construction sites and can be caused by poorly maintained power tools, improper storage of flammable materials, and smoking while working. Building collapses, elevators, dumpsters, compressors, cranes, and scaffolding are also risk examples of accidents at construction sites.

If construction sites are near roads, workers risk being struck by moving vehicles if drivers are distracted, impaired, or speeding. Even if safety protocols are followed at construction sites, workers may suffer from overexertion injuries from lifting heavy items, bending over repeatedly, and working in strained positions.

Most Common Construction Injuries

Although a wide range of injuries can occur due to construction site accidents, these are the most common ones that our clients have experienced and pursued legal compensation for:

Concussions
Burns
Broken bones
Repetitive movement injuries
Chemical toxin exposure
Eye and ear injuries
Neck and back injuries
Spinal cord damage
Amputations
Post-traumatic stress disorder

Proving Negligence in Construction Accident Cases

Construction accident cases are notoriously challenging to prove because there are often many companies, government agencies, and levels of management involved in this type of work. Therefore, a knowledgeable construction accident attorney is a tremendous asset in pursuing all avenues of potential compensation from the relevant parties.

The statute of limitations for construction accident cases is typically three years, so it is vital to contact an attorney as soon as possible after you are injured at work. To prove your case, you must determine liability for the accident, use evidence to back up your claims, assess damages and expenses to value your case, and fight for the best possible outcome.

Consult a Construction Accident Attorney

At the Law Office of Jeffrey K. Kestenbaum, we provide dedicated and aggressive representation for construction workers injured at job sites. We fight tirelessly to protect the rights of people injured at construction sites due to another person’s or company’s negligence.

Please contact us 24/7 for a free case review of your construction accident by calling 718-237-5586 or completing our online form. We’re here to help you file your claim and get the compensation you deserve as you heal from your construction injuries.

How a Delivery Truck Accident Lawyer Can Help You

Posted on March 18, 2024 by Jeffrey K. Kestenbaum

Whether your packages come from UPS, FedEx, Amazon, or another company, delivery trucks are in constant motion all over New York City. The reckless or negligent actions of delivery truck drivers can result in devastating accidents, causing innocent people to become injured and confused about where to turn for help or how to protect their legal rights.

Attorney Jeffrey K. Kestenbaum is the delivery truck accident lawyer you need on your side to prove your case and bring a delivery truck driver or company to justice.

Causes of Delivery Truck Accidents

Delivery truck drivers undergo classroom and on-the-road training before being assigned to delivery routes and pursuing a career in this industry. However, even the most highly trained and experienced drivers can still become distracted, overworked, and tired due to demanding shifts and few breaks.

Some of the most common causes of delivery truck accidents are sudden stopping, speeding, illegal parking, and distracted driving due to checking a smartphone or GPS for directions. Here in New York, we often see delivery truck accidents in the form of rear-end collisions, T-bone accidents, sideswipes due to lane changes, and crashes with pedestrians and cyclists.

Challenges of Delivery Truck Accident Cases

One of the biggest challenges with delivery truck accident cases is determining who can be held responsible for the accident and the injuries that resulted from it. Individual truck drivers could be held accountable if they are independent contractors and not delivery company employees. An injured person may be able to pursue the truck driver’s insurance company for a settlement or file a lawsuit if the insurance offer is not satisfactory.

The delivery company could be held accountable for the accident if you can prove that it employed and trained the driver, who was working at the time of the crash and performing routine duties of the job. Pursuing a third party in a delivery truck accident case may also be possible, such as the vehicle manufacturer, if you can prove there was an issue with the vehicle itself.

Proving a Delivery Truck Caused Your Injuries

Proving negligence in a delivery truck accident case typically requires the expertise of a personal injury law firm that understands the local laws and all aspects of the claims process.

Proving a case against any at-fault party in one of these cases may require conducting an accident investigation, interviewing witnesses, talking to the police department, gathering evidence, reviewing medical records, filing an insurance claim, negotiating with insurance companies, and taking the matter to court. Speaking to a personal injury attorney before accepting any initial settlement offer from a delivery truck company is highly recommended to ensure that you receive full and fair compensation for your injuries and damages.

When to Hire a Delivery Truck Accident Lawyer

The first steps to follow after a delivery truck accident are to contact the police, seek medical treatment for your injuries, gather evidence from the crash scene if you are able, and call your insurance company to report the accident. As soon as possible, contact a delivery truck accident attorney to determine the best strategy for handling your case from that point forward.

The Law Office of Jeffrey K. Kestenbaum handles all types of auto accident cases, including collisions with delivery trucks. When you need a delivery truck accident lawyer in Brooklyn, we are here to listen to your story and build a strong case against the at-fault party to get you the compensation you deserve.

For a free consultation about your accident with a delivery truck, please contact us at 718-237-5586 or send us a message.

An Update on U-Haul Truck Accidents in Brooklyn

Posted on March 20, 2023 by Jeffrey K. Kestenbaum

Accidents involving U-Haul trucks are more common than you might expect in New York City. New Yorkers relocating their residences and businesses are often not experienced with driving, parking, and navigating large vehicles. This challenge creates increased risks for rollover accidents, side-swipes, improper lane changing, and distracted drivers.

Earlier this year, a U-Haul rampage occurred in Brooklyn, devastating the lives of many individuals and their families. The injuries resulting from a U-Haul accident like this can be severe and even deadly, which is why it is good to know a commercial truck accident lawyer in case you are ever involved in this type of situation.

Details About the U-Haul Accident

The driver of a U-Haul truck, Weng Sor, age 62, allegedly drove a U-Haul truck up onto a sidewalk and struck at least ten people in Brooklyn. At least one person was killed in the accident, with many more hospitalized and treated for their injuries. Innocent pedestrians and bicyclists were struck by the U-Haul in multiple locations over the course of more than half an hour. Some of the victims were simply standing by their bikes, riding their bikes, and walking down the sidewalk while going about their days.

The initial site of impact was at Senator Street and 5th Avenue, and then the destruction continued through multiple neighborhoods. Several of the victims were brought to NYU Langone in Brooklyn for treatment. Police were eventually able to apprehend the driver and take him into custody.

This is an extraordinary U-Haul accident and far more shocking than most rental truck accidents that you see on Brooklyn streets. However, it’s important to know what to do if you are involved in any type of U-Haul accident so that you can protect your legal rights and get help paying for the treatment you need to heal your injuries.

What a Lawyer for Truck Accidents Does

A commercial truck accident attorney is a vital component of resolving a case involving a U-Haul truck or trailer. The Law Office of Jeffrey K. Kestenbaum is experienced with these types of cases and has been successful in recovering maximum settlements for injured parties.

Commercial truck accident lawyers help injured people file claims against at-fault drivers and get settlement money to help pay for medical bills, lost wages, and other related damages. To pursue your case, we will use all of the evidence available, including the police report, witness statements, photographs, and medical records, to show the court that you have been wronged because of someone else’s negligence and deserve to be compensated.

When to Hire a Truck Accident Attorney

There is a three-year statute of limitations for U-Haul truck accidents in New York, which means that the clock is ticking from the day an accident happens. As soon as you have addressed matters at the accident scene and received the immediate medical attention you need, it is important to call a U-Haul truck accident attorney for a free consultation. In this consultation, we will listen to the details of your accident, explain your legal rights, and offer advice about the next steps to take.

Contact us at 718-237-5586 or by online form to get the legal process started and allow us to fight for you and what you deserve!

What Happens If the Person I Got into a Car Accident with Has No Insurance?

Posted on March 20, 2023 by Jeffrey K. Kestenbaum

As a driver in New York City, you probably have an expectation that everyone else is responsible and has automobile insurance for their vehicles, just like you do. Unfortunately, this is not always the case. In fact, it has been estimated that one in eight motorists in the U.S. don’t have auto insurance, which means that there are approximately 28 million uninsured drivers out on the road today.

So, what happens if you are injured in an accident with someone who does not have insurance? Here are some tips for how to deal with the situation and how a New York car accident lawyer can help.

Auto Insurance Requirements for Coverage

In all U.S. states, there are minimum coverages requirements for auto insurance that you must register a vehicle and get a license plate. The first requirement is liability insurance, which protects your car and other people and their property involved in an accident. There is also personal injury protection (no-fault) coverage for medical expenses, lost wages, and additional accident-related costs. Uninsured motorist coverage is the third requirement and protects you and your passengers if you get into an accident with an uninsured motorist.

Understanding Uninsured Motorist Coverage

In New York, uninsured motorist coverage applies to bodily injuries caused by accidents but not damage to your car or other property. The amount of this type of insurance required is the same as the minimum bodily injury limits required by your liability insurance.

You should use your uninsured motorist coverage if a hit-and-run motorist injures you or another person in your vehicle. You can also use this coverage if you are a pedestrian injured by an uninsured or hit-and-run driver. If you or a family member are injured while in an uninsured vehicle, you can also file an uninsured motorist coverage claim with your own automobile insurer.

Call Us When You Need a New York City Car Accident Lawyer

Uninsured motorist accident cases are notoriously challenging, which is why you need an experienced New York car accident lawyer on your side. At the Law Office of Jeffrey K. Kestenbaum, we provide aggressive representation for auto accident victims and know what it takes to get you full and fair compensation for your injuries if an uninsured driver is to blame.

We will fight to protect your rights and recover the largest settlement possible while keeping you informed about the legal steps and progress from your initial consultation until the resolution of your case. We can also pursue the option of filing a lawsuit against the at-fault driver who did not have auto insurance if your own policy’s uninsured motorist coverage is not enough to cover your damages.

With our help, you can bring an uninsured driver to justice and get help paying for your medical expenses, lost wages, pain and suffering and more. For a free consultation, contact us today at 718-237-5586.

How a UPS Truck Accident Lawyer Can Help You in New York

Posted on February 17, 2023 by Jeffrey K. Kestenbaum

How a UPS Truck Accident Lawyer Can Help You in New York

UPS drivers are hard at work in New York City, delivering packages daily to residents and businesses. While these professional drivers are trained to drive safely and efficiently, accidents involving UPS trucks still occur, often resulting in severe injuries and significant vehicle damage.

Here’s what you need to know about UPS truck accidents and how a delivery truck accident attorney can help you.

Causes of UPS Truck Accidents

UPS trucks are much larger than the average vehicle on New York City streets, making them more challenging to navigate around. These trucks have large blind spots, especially when driving down narrow or busy streets. UPS truck accidents can happen for several reasons, including:

Cargo shifting inside the truck.
Trailers swaying into adjacent lanes.
Large blind spots that make lane changes difficult.
Distracted driving, such as texting or checking directions.
Bad weather conditions.
Failure to perform necessary safety checks or maintain the truck.
Fatigue or intoxicated driving.
Failure to obey traffic laws.

Proving That a UPS Driver Caused Your Injuries

If you are involved in a collision with a UPS truck, you may be able to file a claim against the driver, the UPS company, or other parties. To win a case, it is usually necessary to prove that the UPS driver was negligent or reckless while driving. This is where an experienced delivery truck accident lawyer becomes essential, helping to gather and use evidence to build a strong case.

These cases can be complex, but at the Law Office of Jeffrey K. Kestenbaum, we work diligently to seek fair compensation for our clients. We investigate the details of the accident to determine who was at fault, how the accident caused your injuries, and how much compensation you are entitled to for your suffering.

When to Hire a UPS Truck Accident Lawyer

If you’ve been injured in a UPS truck accident, it is important to reach out to a UPS truck accident attorney as soon as possible. At the Law Office of Jeffrey K. Kestenbaum, we represent clients injured in UPS truck accidents, FedEx accidents, and other commercial vehicle accidents.

When facing major corporations like UPS, it’s crucial to have legal support, as these companies often attempt to minimize payouts. Don’t be intimidated by going up against a large corporation. We will be with you every step of the way, from your initial free consultation to the final resolution of your case.

To discuss your UPS truck accident and explore your legal options, contact us today at 718-237-5586 or fill out our online form.

How a Lower Blood Alcohol Limit Law Could Affect NYC Pedestrians

Posted on February 17, 2023 by Jeffrey K. Kestenbaum

How a Lower Blood Alcohol Limit Law Could Affect NYC Pedestrians

In recent news, lawmakers have discussed the idea of reducing the legal blood alcohol limit in New York. The current blood alcohol limit is 0.08, but Senator John Liu has presented the idea of lowering that number to 0.05 to keep more drunk drivers off the road in our state.

Not only would such a change affect intoxicated drivers pulled over by NYC police officers, but also innocent pedestrians, cyclists, and motorists involved in accidents. Your local drunk driving accident lawyer, Jeffrey K. Kestenbaum, addresses this topic regarding injured accident victims.

What Is a Blood Alcohol Limit?

Blood alcohol content (BAC) is the amount of alcohol that is present in a person’s blood due to drinking alcoholic beverages. A totally sober person will have a BAC of 0.0 percent, legal intoxication is 0.08 percent, severe impairment is between 0.08 and 0.4, and anything above this level puts a person at significant risk of coma or death.

BAC is used in police investigations, court cases, and employment verification. In medical settings, it is used to check for alcohol poisoning and to monitor a person’s progress with alcohol use disorder treatment.

Pros and Cons of Reducing the Limit

Assemblywoman Jo Ann Simon has joined Senator Liu to advocate lowering the threshold for a person to be charged with Driving While Intoxicated (DWI) in New York. At this time, drivers who produce a BAC test result between 0.05 and 0.08 are typically charged with lesser penalties than those with levels of 0.08 or higher, if convicted. However, there have been increasing deaths due to drinking and driving lately, prompting lawmakers to take a tougher stance.

So far, only the state of Utah has reduced the BAC limit to 0.05. However, other states, such as Washington and Hawaii, are also considering lowering their limits. The arguments for reducing limits address public safety and preventing harm, while arguments against limit reductions highlight individual liberty objections and the culture of responsible social drinking.

Alcohol and Personal Injury Accidents

Unfortunately, as a Brooklyn personal injury law firm, we see many accident cases involving alcohol. Many types of cases that we handle can include alcohol as a contributing factor, including automobile accidents, pedestrian accidents, motorcycle accidents, construction accidents, slip and falls, traumatic brain injuries, and wrongful deaths.

Whether individuals are behind the wheel of a vehicle, riding a bike, or walking on the street, alcohol can cloud judgment, lead to risky decisions, and put other people at risk of harm. The value of your legal case may be affected if alcohol was a contributing factor in your accident, which is why an experienced DUI accident lawyer is helpful in this situation.

Were You Injured By A Drunk Driver?

The New York Department of Motor Vehicles reports that a third of New York road fatalities involve drivers or pedestrians who are impaired or intoxicated. If New York state law changes to lower the blood alcohol level to 0.05, will fewer accidents occur and fewer people suffer injuries due to someone else’s negligence?

If you are the victim of a drunk driving accident and suffered injuries, the Law Office of Jeffrey K. Kestenbaum can help. Please contact us today online or by phone at 718-237-5586 for a free legal consultation.

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