Motorcycle Accident Causes & Legal Advice


Posted on March 21, 2016 by

Aerial view of motorcycles and cars driving.

Motorcycle accidents happen every day on U.S. roads and, although they may not occur more often than passenger vehicle collisions, there is a higher chance of serious injury or death. Motorcyclists have a higher likelihood of being involved in an accident. According to MedHelp.org, motorcycle accidents rank number 12 in the 25 most common causes of deaths. There are significant hurdles a plaintiff must overcome in order to be successful in a personal injury lawsuit involving a motorcycle crash. For this reason, it is important that after medical attention is received, a seasoned and aggressive Brooklyn personal injury attorney should be contacted right away.

How Motorcycle Accidents Happen

Some common causes of motorcycles accidents include:

  • Road hazards: dangerous road conditions are a much more serious threat to a motorcycle than a passenger vehicle, particularly because of the smaller size and less stability of a bike. Obstacles such as potholes, debris on the road, slick surfaces, uneven lanes, and other unexpected hindrances pose a serious threat to motorcyclists.
  • Cars making left-hand turns: possibly the most dangerous threat to the safety of motorcyclists, collisions resulting from a vehicle making this type of turn account for as much as 42 percent of all bike-related accidents. Generally, the passenger car collides when the motorcycle is passing the car, going straight through an intersection, or attempting to overtake a car.
  • Head-on collision: crashes that are caused by a head-on collision makeup more than half of all deaths involving motorcycles. Seventy-eight percent of these accidents are the result of the vehicle hitting the front of the motorcycle, as opposed to hitting a bike from behind, which results 5 percent of the time.
  • Lane-splitting: when a motorcyclists splits between lanes of stopped cars (or slowly moving traffic), an accident is likely to occur because there is less space for the bike to maneuver. State laws vary as to whether or not lane splitting is legal.
  • Speeding and/or alcohol: approximately half of all motorcycle-related collisions are caused by one or both of these factors. Because motorcycles do not provide the same protection as a passenger vehicle, death or serious injury is much more likely.

The Role of a Brooklyn Personal Injury Lawyer

Liability, or who is responsible for an accident, is not always obvious in a motorcycle incident. Generally, liability in personal injury cases is governed by negligence. The person bringing the lawsuit in court (the plaintiff) must prove that the other person (the defendant) was at fault (negligent) in order to recover damages (monetary compensation). Even if the plaintiff is able to prove negligence, in many states a defendant can dodge full liability by establishing someone else contributed to the crash.

Brooklyn Motorcycle Accident Attorney

Motorcycle accidents happen every day on our American roads, and there are several causes for these crashes. Beyond the damage resulting from a motorcycle accident, whether to the individuals’ persons or their property, establishing fault may not be so simple. The legal abilities of a knowledgeable personal injury attorney can help you and your loved ones endure this difficult time. The Law Offices of Jeffrey K. Kestenbaum represent greater New York and has a staff that is fully fluent in Spanish. Do not delay; click here or call (718) 237-5586 today to schedule your initial case evaluation.

Manhattan On-the-Job Driver Injuries – Who is Responsible?


Posted on February 25, 2016 by

Black car crashed into the back of a gray car. According to the New York’s Department of Motor Vehicles (NY DMV), in 2014 as many as 299,452 car accidents occurred in New York state. Approximately 118, 465 of these accidents resulted in injuries, 966 crashes had fatalities, and 180,021 ended in property damage only. With ride-share services such as Uber popping up all over the country, and Manhattan being no exception, on-the-job driver injuries are not uncommon. Accidents involving company cars, trucks and other vehicles – as well as private vehicles being used for job-related purposes – can raise various legal issues as to who is held liable for injuries.

For this reason, it is important to understand who is responsible for damages if you or someone you know has suffered an on-the-job injury. Contact an experienced Brooklyn car accident attorney right away to understand your rights and obligations under the law.

Respondeat Superior

Respondeat superior is a legal term that describes the relationship between employers and their company car driving employees. Latin for “let the master answer”,  this term means an employer is legally responsible for its employee’s actions while that employee is acting within the scope of his or her employment. Responsibility of an employer includes paying for property damage and injuries caused by an employee while driving a company car.

Company Vehicle versus Personal Vehicle

When an employee is driving a company car, truck or other motorized vehicle more often than not he or she is acting within the scope of his or her employment and respondeat superior applies. On the other hand, if you are involved in a car accident with your personal vehicle, whether or not vicarious liability (i.e. employer responsibility) may or may not apply depending on the circumstances. Specifically, for vicarious liability to go into effect, the following must be established:

  • The employee was acting within his or her scope of employment;
  • The employee’s actions were done on the job;
  • The employee was doing an activity the employer hired him or her to do; and
  • The employer benefited from the activity the employee was doing at the time of the collision.

Put differently, if the accident was caused while the employee was on his or her way to do a service the employer hired the individual to perform, then the employer may also be held liable for the crash. If the accident was caused while the employee was running a personal errand, however, then the employer will not be held responsible for the crash.

Should an employee’s negligence cause another person’s injury or property damage, both the employee and the employer may be held liable (i.e. responsible for paying damages). A third party may include drivers of other cars, passengers in the other car or the company car, as well as bystanders. Generally, an employer’s liability insurance protects the employee by taking responsibility for liability and legal fees (known as “indemnification”) so that the employee will not be held personally liable. Damages involved may include medical bills, out-of-pocket expenses, pain and suffering, as well as lost wages.

An exception to indemnification is when the employee is committing a crime while driving a company vehicle. Should the car accident involve a criminal action, an employer has the right to refuse to indemnify the employee from third-party legal actions.

Brooklyn Car Accident Attorney

Determining whether or not an accident occurred during the scope of employment is a fact-specific inquiry that should be left to a knowledgeable legal professional. An experienced and aggressive car accident attorney can put forth a compelling case to be presented during settlement negotiations or at trial, in order to maximize the damages available. Contact the Law Office of Jeffrey K. Kestenbaum today at (718) 237-5586 for your free, initial case evaluation.

Safe Places for Sexual Assault Victims to Get Help in New York City


Posted on February 23, 2016 by

Woman with bruises on her arm. Sexual assault is a serious crime that often happens behind closed doors and out of sight. But according to the National Center on Domestic and Sexual Violence, out of every 100 rapes committed, only 5-20 are reported to the police, 0.4 to 5.4 are prosecuted, 0.2 to 5.2 result in a conviction, and only .02 to 2.8 result in incarceration.

Fortunately, there are some great nonprofits, counseling groups, crisis programs, online resources, and specialized attorneys in the City to help sexual assault victims through difficult times.

Local Sexual Assault Nonprofits

There are many nonprofit organizations in New York City dedicated to helping victims of sexual abuse, assault, and rape. For example, the New York City Alliance against Sexual Assault has a crisis helpline for counseling and information which can be reached Monday through Friday 9am to 6pm at 212-514-SAFE or via email at survivorssupport@svfreenyc.org.

The New York State Coalition against Sexual Assault is another local nonprofit dedicated to ending sexual violence, and its hotline number is 800-942-6906. This group has advocated for increased state funding to rape crisis programs, improved access to criminal courts for survivors of sexual violence, and promoted the overall health and criminal justice response to sexual assault.

Sexual Abuse Therapy Groups

Psychology Today  published a listing of sexual abuse therapy groups in New York, which you can browse and learn more about the focus of the sessions, location, cost, and therapists. Network of Care for Mental/Behavioral Health is an online information portal where you can also find sexual assault counseling opportunities in New York. The resources here provide a wide range of services, including 24/7 trained rape crisis counselors, advocacy support, intervention, referrals, and preventative care programs.

Sexual Assault Lawyers

Sexual assault lawyers can help victims of domestic violence, rape, and other forms of violent crimes that are sexual in nature. A big part of sexual assault claims is security, and experienced attorneys  can also help you pursue a claim if your assault happened in a public place.

Intruder and attacker scenarios often  happen in apartment buildings, parking garages, public housing establishments, office buildings, and commercial properties. You are entitled to justice and compensation for damages that you have suffered due to sexual assault, as well as protecting yourself in the future, so don’t delay seeking help as soon as possible.

Housing Options for Assault Victims

Being a victim of sexual assault often means that you are not safe in your own home. Safe Horizon is one organization that helps victims move from crisis situations to safety and has programs located throughout the five boroughs of New York City. Safe Horizon has a 24-hour toll free hotlines for victims, which are as follows:

  • Domestic Violence Hotline: 800.621.HOPE (4673)
  • Crime Victims Hotline: 866.689.HELP (4357)
  • Rape, Sexual Assault & Incest Hotline: 212.227.3000
  • TDD phone number for all hotlines: 866.604.5350

The New York City Housing Authority works with victims of domestic violence to apply for Section 8 housing, and the City government’s rape and sexual assault hotline number to call is 212-227-3000. Other local housing solutions include the Brooklyn Women’s Shelter (116 Williams Ave.), the Franklin Women’s Shelter in the Bronx (1122 Franklin Ave. at East 166th St.), and Prevention and Temporary Housing  for families with kids under 21 in the Bronx (151 East 151st St.).

If you have been the victim of sexual assault, contact Jeffrey K. Kestenbaum, and experienced and compassionate sex crimes attorney at 718-237-5586.

Crane Collapse Causes Injuries and Death in New York


Posted on February 16, 2016 by

Crane over city skyline.

On February 5, 2016, a devastating accident shook Lower Manhattan Street: a crane collapsed, killing one individual in the area and causing injury to three more persons. As reported by NBC New York, according to Mayor Bill de Blasio, the collapse occurred when the crane was being lowered and secured. It is believed that the crane collapse may have occurred, or was aided by, high speed winds; nine minutes before the collapse, a 37 mile per hour wind gust was recorded.

Continue reading →

Chipolte’s Recent Food Safety Issues


Posted on January 18, 2016 by

Chipotle – best known for providing high-quality, fresh ingredients in its nation-wide burrito chain stores – was linked to several food-borne illness cases in 2015. According to a BuzzFeed news report, the problems occurred in its California and Minnesota stores in addition to those located in Washington and Oregon. Chipotle has experienced as many as three outbreaks over the course of a few months.

Chipotle is not alone in experiencing food-borne illness problems. Indeed, the strain of e. coli affecting its Pacific Northwest stores is the same one that affected Jimmy John’s restaurants in 2012. Furthermore, the Centers for Disease Control and Prevention (CDC) reports that the number of foodborne outbreaks has been steadily increasing since 2011.

If you or someone you know believes he or she has been contaminated with a food-borne illness as a result of the wrongdoing of another, contact a seasoned Brooklyn personal injury attorney right away.

Top Food-borne Illnesses

There are several types of food-borne illnesses, commonly referred to as “food poisoning,” which can make a person sick. The most common, however, are E.coli, norovirus, salmonella, shigella, and hepatitis A. The first three are the top food-borne illnesses, according to research.

  • E.coli – this is a bacterium that produces a deadly toxin and is found in undercooked or raw meat (particularly hamburger meat) produce, and raw milk. E.coli is responsible for about 73,000 cases of foodborne illnesses annually in the U.S. Symptoms include cramping, dehydration and severe diarrhea.
  • Norovirus – the leading cause of diarrhea in the nation, this highly infectious virus transfers to any type of food if it is handled by someone who has norovirus. Symptoms include nausea, fever, vomiting and cramps.
  • Salmonella – the most common cause of foodborne deaths, salmonella causes millions of cases of foodborne illnesses and can be found in raw or undercooked eggs, seafood, dairy products, undercooked meat or poultry, as well as fruits and vegetables. Symptoms include nausea, vomiting, cramps and fever.
  • Shigella – poor hygiene allows shigella to be easily passed from person to person, and accounts for approximately 300,000 cases of diarrhea. Sources of shigella consist of unclean water, milk and dairy products as well as salads. Symptoms beyond diarrhea include fever, chills and dehydration.
  • Hepatitis A – a liver disease caused by the hepatitis A virus, which can affect anyone and can consist of isolated cases or a widespread epidemic. Symptoms include jaundice, loss of appetite, cramps, diarrhea, fever and fatigue.

Personal Injury Attorneys & Help in New York

Foodborne illnesses are a costly, yet preventable, public health risk. The CDC estimates that each year 1 in 6 Americans get sick from food poisoning. As many as 250 different foodborne illnesses have been recognized. If you or someone you know is experiencing any or all of the symptoms listed above and resides in New York, food poisoning may be the cause. Accordingly, an experienced Brooklyn personal injury attorney should be contacted immediately. The legal professionals at the Law Office of Jeffrey K. Kestenbaum serves all of New York, including Brooklyn and the Bronx. Call (718) 237-5586 or click here today for your initial case evaluation.

Brain Injury: Judge Found Doctor at Fault


Posted on September 24, 2015 by

Two people holding hands while one is laying in a hospital bed.

A doctor working out of Bayfront Health Port Charlotte hospital has lost a recent medical malpractice lawsuit, according to a Wink News report. Earlier this year, a jury found Dr. Michael Coffey 70 percent responsible for a 2010 birth that resulted in a severe brain injury. The jury found the hospital, which was named Peace River Regional at the time of the incident, 30 percent responsible. The mother of the child alleges she visited Dr. Coffey, who is still on staff at the hospital, during her pregnancy looking for treatment because of decreased fetal movement as well as other concerns. Continue reading →

Toddler Dies After Being Hit With Falling Bricks on Upper West Side


Posted on June 8, 2015 by

Young girl sits on hospital bed.

A tragic accident occurred in the Upper West Side last month on a quiet Sunday morning, according to a recent Online news report . A portion of a terracotta window at the Esplanade, a senior citizens’ resident on West End Avenue at 74th Street, plummeted eight stories onto a two-year-old and her grandmother who were on a morning stroll. The debris hit the toddler, Greta Green, on the head and caused a severe and fatal brain injury. The grandmother, 60-year-old Susan Frierson, suffered a serious leg injury but survived the incident. If you or someone you love has suffered a brain injury, it is important to contact a skilled brain injury attorney Bronx residents can retain in order to ensure you receive just compensation for your damages and/or lost. Continue reading →

Bronx Injury Attorney : Injuries on NYC Playgrounds


Posted on May 15, 2015 by

Playground with large blue twisting slide.

Playgrounds in New York provide children and their families with a healthy, enjoyable form of outdoor entertainment. Playgrounds, however, can also pose significant safety and health risks for children if they are not properly maintained. For example, injuries can occur from improperly maintained surfaces or protruding nails from playground equipment. Notably, injuries at playgrounds in New York have become an increasing problem. Continue reading →

New York Construction Sites Pose Dangers From Above


Posted on April 23, 2015 by

Construction sites can Building with construction being done to it. pose significant dangers for construction workers, especially when adequate safety precautions are not taken. There is, however, another group that also faces dangers from construction sites: pedestrians. A recent online article in the Wall Street Journal looked into the dangers that pedestrians throughout New York City face from construction sites.

According to the article, at least once a month, a pedestrian walking the streets of New York City is injured by something at a construction site. The culprit? New York City pedestrians are injured by a variety of different objects that fall from a construction site or that are improperly maintained. Examples include falling bricks or tools, windblown fences, and collapsing sidewalks. Continue reading →

Construction Worker Killed By Falling Tape Measure


Posted on January 20, 2015 by

Construction worker holding a blue hard hat.

There are about 6.5 million construction workers employed at about 250,000 different worksites across the United States. And every year, thousands of construction workers are injured or killed at these worksites, often as a result of negligence on behalf of the construction site owner, contractor or sub-contractor. Some of the most dangerous hazards at construction sites include scaffolding, excavations, ladders, falling objects, and electrical wiring. Construction sites present precarious situations and even the most innocuous objects can be deadly.

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