Settle a Car Accident Claim

How to Settle Your New York Car Accident Claim


Posted on March 31, 2016 by

Almost 300,000  car crashes were reported in New York in 2014, according to the state’s Department of Motor Vehicles website. Of those, more than 118,000 resulted in non-fatal injuries and over 180,000 caused property damage. New York drivers and passengers alike who have been involved in a car accident should learn about the state’s laws and insurance requirements because they affect property damage and injury claims that can be made and, should it come to litigation, settlement negotiations.

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Property Owner Liability

Are Property Owners Liable for Construction Injuries?


Posted on March 31, 2016 by

If you own a home and a contractor who is performing work on the property is injured while on the job, you may be sued for those injuries and possibly held liable for damages. While more often than not a property owner will be found responsible, there are a few steps that can be taken to help reduce the risk of liability for construction worker injuries.

If you or someone you know is a property owner in New York and is considering any type of construction on the property, contact a knowledgeable Brooklyn construction accident attorney right away to learn about your rights and obligations under the law.

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Motorcycle Accident Causes & Legal Advice


Posted on March 21, 2016 by

Motorcycle Accident Lawyers NYC

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.

New York City Car Accident Statistics


Posted on March 8, 2016 by

new york car accident statisticsIt is not surprising that New York is one of the most dangerous places to drive in America, according to a New York Post article. In 2015, New York law enforcement dedicated close to 2,000 officers whose sole purpose was to crack down on dangerous driving. At least 12,000 hours each day was focused on targeting drivers who engage in distracted driving, speed, fail to yield, and park in traffic lanes, among other violations.  The New York post is not alone. In its 2015 study of America’s Safest Drivers, Allstate ranked New York City as the 151st safest city to drive in.

By the Numbers

Each year, an average of approximately 1,464 people die as a result of car accident-related injuries in New York, according to the state’s Department of Health. This results in the death of more than 7 out of every 100,000 New Yorkers.  Male New Yorkers have a higher risk of dying in a car accident than females, especially if they are between the ages of 20 to 24 or age 65 and older.

An average of 150,000 emergency room visits were required in New York due to injuries resulting from a car accident, most of which were females. More than 15,000 victims required hospitalization because of car accident-related injuries. This translates to more than 80 out of every 100,000 New Yorkers. Again, males ages 15 to 19 and 20 to 24 are at a higher risk of injury and hospitalization than their same-aged female counterparts or older males.

Although New York City drivers compare better than drivers in Philadelphia and Los Angeles when it comes to safe driving, they are more dangerous than those behind the wheel in several other cities, including Chicago, Dallas, San Diego and Phoenix, to name a few. If you take a closer look at New York state specifically, drivers are twice as likely to be involved and killed in an auto accident in an urban area than a suburban one. In 2014, there were as many as 649 car-related deaths in metropolitan New York as opposed to 38 in more rural parts of the state according to data compiled by the Insurance Institute for Highway Safety. New York city drivers are 30 percent more likely than the national average to be involved in a car crash.

Brooklyn Auto Injury Attorney

Accidents occur to millions on America’s roads each day. New York’s roads are no exception. Car accident cases can be complex. Sometimes liability is not always clear. If you or someone you know has been injured in an auto accident because of the negligence of another an skilled attorney should be contacted immediately. The legal professionals at the Law Office of Jeffrey K. Kestenbaum serve all five boroughs and handle many different types of personal injury. Click here or call (718) 237-5586 today to schedule your case evaluation.

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


Posted on February 25, 2016 by

on the job driver injuryAccording 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

sexual assault lawyerSexual 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.

Recent NYC Bus Accidents & Your Bus Accident Rights


Posted on February 18, 2016 by

MTA Bus Accident AttorneyWhen you step onboard a bus or train, the last thing you’re likely thinking of is getting into an accident. However, public transportation accidents are actually very common and the results often devastating.

The bus, subway, and railway are all integral parts of life in New York City, more so than in many other places around the country. When mass transit vehicles have accidents, many innocent victims can become injured, resulting in pain and suffering, costly medical bills, and lost wages.

Bus Accidents in New York City

Unfortunately, there are many MTA accidents that have recently made headlines in the news in the five boroughs. In November 2015, a pedestrian was killed by an express MTA bus while walking in Brooklyn and crossing in the middle of a block on Ocean Avenue between J and K Avenues.

Earlier that month, a woman was killed at Main Street and Kissena Boulevard in Queens by a casino bus that struck her. That bus was operated by Skyliner Bus Travel & Tours and later spotted in Connecticut. Another recent case in NYC involved a man who was fatally struck by a bus after getting out of a cab. The MTA bus was traveling through the Bronx and hit the 23-year-old man who was getting out of the cab because he felt sick.

Many recent accidents have involved pedestrians but other types of accidents are very possible as well. These are some of the types of public transportation accidents that cause bodily harm to unsuspecting riders.

  • Subway platform or stairs accidents
  • Subway accidents
  • Intoxicated, over-medicated or distracted bus or train operators
  • City bus collisions
  • Charter or Tour bus accidents
  • Head-on collisions
  • Pedestrian accident cases involving city or private buses
  • School bus accident cases
  • Poorly maintained buses or trains

Your Rights after MTA Accidents

Many people who are involved in bus accidents mistakenly believe that they do not have legal rights against the at-fault party involved. In the state of New York, all buses are required to carry no-fault insurance, which could compensate you for damages you’ve suffered because of the accident. Additionally, pedestrians are covered for up to $50,000 for medical bills and lost wages by the New York City Transit Authority; however, medical bills for serious injuries often exceed this amount.

What to Do after a Bus Accident

As with any accident that results in injuries, the first thing to do after you’re involved in a bus accident is to seek medical attention immediately. Also make sure to report the accident to local law enforcement. If you are able, document what you can at the accident scene, including the names and contact information of the driver, other passengers, and witnesses. As you begin to heal, get copies of all of your medical records and take down notes and personal statements from friends and family members who are knowledgeable about your condition.

If you have been in a bus accident and are injured, it’s a smart idea to consult an attorney to ensure that you are fairly compensated for damages you’ve suffered please call Jeffrey K. Kestenbaum at 718-237-5586. MTA accident lawyers may be able to assist you with your public transportation claim. Avoid disclosing information to insurance companies until you’ve discussed the situation with your attorney and understand your options. But don’t delay, because bus accident lawsuits have a statute of limitations that limits the amount of time that you have to file a claim.

Crane Collapse Causes Injuries and Death in New York


Posted on February 16, 2016 by

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.

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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.

Secretly Recorded Conversations May Lead to Coal Baron’s Trail


Posted on December 24, 2015 by

Brooklyn wrongful death attorney

Donald L. Blankenship, one of the most powerful men in West Virginia and former chairman and CEO of Massey Energy, is presently on trial in federal court as a result of a fatal accident involving one of his company’s coal mines according to a recent New York Times article. Back in April of 2010, the death of Blankenship’s 29 employees brought to light the company’s purportedly less-than-stellar safety record. Indeed, the accident is known as America’s deadliest coal mining disaster in almost four decades. The case against him is the first of its kind to press criminal charges against a coal baron, which alleges willful violation of safety laws in pursuit of profits. Continue reading

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