Se Habla Espanol
Posted on July 31, 2019 by Jeffrey K. Kestenbaum
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.
Posted on July 23, 2019 by Jeffrey K. Kestenbaum
New Yorkers rely on buses to conveniently and affordably get around the city every day. But if you’ve been injured as a bus passenger or pedestrian, or your car was clipped by a city bus, it’s critical to understand your legal rights.
The Law Office of Jeffrey K. Kestenbaum is here to help you understand how bus accident liability works and how to prove negligence to hold the responsible parties accountable for your injuries.
Bus accidents can result from various types of negligence, such as distracted driving, speeding, fatigue, and failure to follow traffic laws. Faulty tires, poorly maintained brakes, and other mechanical issues can also contribute to bus accidents involving MTA public transit, school buses, tour buses, and private shuttles.
To establish negligence in a bus crash, you’ll need to prove four key elements: (1) duty of care, (2) breach of that duty, (3) that the breach led to the accident, and (4) the damages you suffered. If a public entity like the MTA is at fault for a bus accident, strict notice requirements may apply and require you to take action right away to pursue a claim.
People involved in bus accidents can sustain numerous injuries, even in seemingly minor collisions. Common injuries include whiplash, bruises, soft-tissue damage, and broken bones. In severe accidents, spinal injuries, traumatic brain injuries, and even death can occur.
If you file a bus accident claim, you could recover compensation for medical bills, lost wages, and non-economic damages like pain and suffering. However, insurance doesn’t always fully compensate individuals for long-term and severe injuries, especially when large transit agencies are at fault.
If a public transit company, such as the MTA, is involved, a higher legal standard may apply. These entities owe passengers a heightened duty of care, but to build a strong case against them, you’ll need detailed evidence such as on-scene photographs, police reports, witness testimonies, and medical records for treatment and future care projections.
If you were involved in an accident with a private bus, such as a charter bus or shuttle service, multiple parties may be involved. Depending on your case details, you could have a case against a private company, an independent driver, or a bus manufacturer.
A skilled personal injury attorney, like Jeffrey K. Kestenbaum, can help you navigate this process and handle negotiations with the relevant parties to protect your rights.
Bus accident cases can be complex and challenging to win, especially if you’re up against a massive entity like the MTA. That’s why it’s highly recommended to hire an experienced bus accident attorney who understands transit law, municipality liability, and common-carrier obligations.
At the Law Office of Jeffrey K. Kestenbaum, we have experience in private and public bus accidents and offer a personalized, aggressive approach. We are committed to investigating your claim, gathering critical evidence, and staying ahead of notice-of-claim deadlines. We’re ready to fight for full compensation for medical costs, lost wages, and pain and suffering related to your bus accident.
Immediately following a bus accident, you could find yourself confused, overwhelmed, and in severe pain. Therefore, it’s smart to familiarize yourself with the steps to take after a bus accident, so you remember what to do after impact.
If you or someone you care about has been injured in a bus accident, don’t delay calling the Law Office of Jeffrey K. Kestenbaum. You can reach us 24/7 at 718-237-5586 or send us a message online.
You don’t have to face the legal battle alone if you were hit by a bus and your health is suffering because of it. Contact us today for a free case review and let us help you fight for the recovery and justice you deserve.
Posted on June 20, 2019 by Jeffrey K. Kestenbaum
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.
Posted on May 22, 2019 by Jeffrey K. Kestenbaum
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.
Posted on May 15, 2019 by Jeffrey K. Kestenbaum
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.
Posted on April 25, 2019 by Jeffrey K. Kestenbaum
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.
Posted on April 19, 2019 by Jeffrey K. Kestenbaum
The New York City subway has over 660 miles of track in passenger service, serving as a lifeline for millions of residents and tourists navigating the city daily. While essential for transportation, subway stations also present significant safety hazards, particularly in the form of slip-and-fall accidents.
This guide covers the common causes of slip-and-fall accidents in subway stations, liability considerations, and the MTA’s responsibilities for maintaining these public spaces.
Subway stations are among the city’s most hazardous locations, especially during bad weather or for individuals with coordination challenges. Key risk factors for accidents include:
These dangers highlight the importance of vigilance and proper maintenance in these high-traffic areas.
Many people believe that the Metropolitan Transportation Authority (MTA) is automatically liable for any accident that occurs on its property. However, liability often depends on the specific circumstances. For example:
Premises liability cases involving the MTA can be complex and challenging. A knowledgeable NYC personal injury lawyer is crucial for navigating these legal intricacies and building a strong case.
Although the MTA is not accountable for every slip-and-fall incident, it has a legal obligation to keep subway stations safe. This includes:
To pursue a successful claim, your attorney must prove that:
Time is of the essence after a subway station slip-and-fall accident. Delaying legal action can make it more difficult to gather evidence and secure compensation for your injuries.
At The Law Office of Jeffrey K. Kestenbaum, we specialize in helping New Yorkers recover damages for medical bills, lost wages, and pain and suffering caused by MTA negligence. Our team will:
You don’t have to face this challenge alone. Contact us at 718-237-5586 or send us a message for a free consultation with one of our experienced personal injury attorneys. We’re available day or night to discuss your case and help you take the first step toward recovery.
Posted on February 28, 2019 by Jeffrey K. Kestenbaum
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.
Posted on February 20, 2019 by Jeffrey K. Kestenbaum
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.
Posted on January 29, 2019 by Jeffrey K. Kestenbaum
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.
