How to Handle MTA Injury Claims If You’ve Been in a Bus Accident

Posted on December 23, 2020 by Jeffrey K. Kestenbaum

The Metropolitan Transportation Authority (MTA) operates the largest municipal bus fleet in the U.S., with approximately 5,725 buses serving over 200 local and 30 express routes across all five boroughs. While this public transportation system is a vital resource for New Yorkers, it is not immune to accidents that cause serious injuries to passengers, pedestrians, and drivers.

If you’ve been involved in a bus accident in New York City, here’s what you need to know about handling MTA injury claims effectively and protecting your legal rights.

Common Causes of MTA Bus Accidents

MTA buses are involved in numerous collisions each year with other vehicles, pedestrians, and stationary objects. Slip-and-fall accidents also occur inside buses due to wet or icy conditions. Accidents are often caused by driver negligence, such as distracted driving, speeding, or intoxication. Crowded urban environments contribute to frequent collisions, and poor road conditions, including bad weather or construction zones, increase the risk of crashes. Maintenance failures, such as defective bus equipment or delays in necessary repairs, can also play a significant role.

Understanding these causes highlights the importance of holding negligent parties accountable when a bus accident occurs.

Common Injuries in Bus Accidents

Even seemingly minor bus accidents can result in painful injuries, including whiplash, cuts, scrapes, and bruises. However, because of the size and momentum of buses, accidents often cause more severe injuries. Victims may suffer broken bones, fractures, traumatic brain injuries such as concussions, severed limbs, or, in the most tragic cases, fatal injuries.

If you’ve been injured in an MTA bus accident, seeking immediate medical attention is crucial. Timely documentation of your injuries also plays a critical role in supporting your legal claim.

Suing the MTA for Bus-Related Injuries

Filing a claim against the MTA is not the same as filing a typical personal injury case. Strict deadlines and specific legal procedures apply. If another driver caused the accident, you may be able to file a claim through that driver’s insurance company. However, if the MTA or one of its bus drivers was at fault, you may sue the MTA directly for negligence.

In some cases, responsibility may be shared among multiple parties, including the MTA, the bus driver, and third-party drivers. Pursuing a claim against the MTA often allows for access to larger insurance policies than individual drivers typically carry, but navigating these cases can be complicated without legal help.

Proving Negligence in an MTA Bus Accident

Proving negligence in an MTA injury claim can be complex because of the many parties involved. Bus accident claims fall under common carrier law, which holds transportation providers like the MTA to a heightened duty of care for passenger safety.

Strong evidence is essential to building a successful case. Important forms of evidence include photographs of the accident scene, police and weather reports, witness statements, medical records and bills, and proof of lost wages. Although the MTA has a clear duty to protect passengers, documenting the full extent of negligence strengthens your chances of a favorable outcome.

How a NYC Injury Attorney Can Help With Your MTA Injury Claim

Handling MTA injury claims can feel overwhelming, especially when you’re facing a large public authority and complex legal procedures. An experienced NYC bus accident lawyer can help you navigate the process, protect your rights, and fight for the compensation you deserve.

At The Law Office of Jeffrey K. Kestenbaum, we have successfully represented many clients injured in MTA accidents. We fight tirelessly to recover damages for medical expenses, lost income, and pain and suffering. Our legal team knows how to build strong cases against the MTA and any other negligent parties involved.

Don’t let the complexity of an MTA injury claim or the size of the organization discourage you from seeking justice. Contact us today at 718-237-5586 or reach out online to schedule a free consultation. We are here to help you move forward after your bus accident with the support, experience, and advocacy you need.

What You Should Know About Grocery Store Slip and Fall Settlements

Posted on December 23, 2020 by Jeffrey K. Kestenbaum

New Yorkers typically visit grocery stores at least once a week to stock up on food and supplies to prepare meals at home. Having an accident in a grocery store is usually the last thing on our minds as we move through the aisles, but these retail establishments are actually a major cause of injuries because of someone else’s negligence.

Here are some details about how grocery store accidents often occur and how a Brooklyn injury attorney can help with grocery store slip and fall settlements.

Common Causes of Grocery Store Accidents

One of the most common ways that people fall in grocery stores is by tripping over the carpet or mat by the front door. These are in place to reduce wetness when coming in from the outdoors, but they can also pose tripping hazards when they become bunched-up or torn.

Liquid spills, either from an employee mopping the floors or a shopper knocking a liquid item off a shelf, also cause falls. Even solid spills, such as a bag of rice, can be fall hazards. Loose packing materials left on the ground, ice that escapes onto the floor in the freezer aisle, and pooled water by the produce misters can also make you fall while you’re shopping.

Proving Negligence Against a Grocery Store

Grocery stores have a responsibility to keep shoppers safe from hazards, which means that you can sue a grocery store for a premises liability claim after an injury. Even if the grocery store did not create the hazard, it can be held liable for a person’s slip-and-fall injuries if staff was made aware of the condition and did not fix it in a timely way. Therefore, you’ll need to be able to prove that the grocery store staff allowed a spill, torn carpet, or other hazard to exist for an unreasonably long time after being told it existed.

If you slipped and fell immediately after a spill happened, the grocery store probably could not be held liable because there was no reasonable way for a staff member to tend to it before you got there. You may also need to prove that you were exercising reasonable caution while shopping in the store and that you weren’t too distracted to safely avoid a hazardous condition.

Get Help with Your Grocery Store Injury Case

Taking on a grocery store after you’ve slipped and fallen can feel like an uphill battle if you don’t have an experienced lawyer on your side. At the Law Office of Jeffrey K. Kestenbaum, we will meticulously investigate your claim to find out who was to blame for your injuries by accessing surveillance tapes, interviewing witnesses, and linking injuries documented in your medical records to the accident that occurred.

We understand how dangerous grocery stores can be if they aren’t properly maintained, and we will fight for you and stand up for your rights to the fullest extent of the law. Contact us at 718-237-5586 for your free slip and fall consultation to get started.

Legal Considerations for Drunk Driver Hits Pedestrian Accidents

Posted on November 30, 2020 by Jeffrey K. Kestenbaum

Did you know that at least one-third of traffic fatalities in New York involve alcohol in an average year?

Drunk driving is a serious problem in New York City, not only because of automobile collisions but also because of how many pedestrians are on NYC streets at any given time. Here is what you need to know about drunk driver hits pedestrian accidents so that you can protect your legal rights as a pedestrian and seek the help of a Brooklyn pedestrian attorney if necessary.

How Drunk Driver and Pedestrian Accidents Happen

When a person drives drunk, his or her reaction time slows down, which makes it very difficult to respond to the unpredictable activity of pedestrians on the street. Drunk drivers often hit pedestrians when they are crossing a street, either within a crosswalk or especially outside of it while jaywalking. Drivers under the influence of alcohol may also accidently drive up onto a curb because of their reduced operational abilities and hit pedestrians standing on a street corner or waiting in a line outside a building. Most of these accidents occur at night when people are most likely to drive drunk and not see pedestrians as well as during the daytime hours.

Common Injuries of Pedestrian Accidents Caused by a Drunk Driver

Pedestrian injuries are often very severe when a person on foot comes into direct contact with an automobile. Bone fractures are very common, as well as excessive bleeding, bruising, and traumatic brain injuries. Unfortunately, many pedestrians die from drunk driver accident injuries because the human body is simply no match for a large machine traveling at any speed.

A Pedestrian’s Legal Recourse After an Accident

A pedestrian who has been hit by a drunk driver has the legal right to file a lawsuit against the negligent driver. Drunk driving is a form of negligence, so the person who was walking can sue for damages. If the car-to-pedestrian collision resulted in the pedestrian’s death, a representative can file a wrongful death lawsuit on behalf of the pedestrian.

Calculating Damages for a Drunk Driver Hits Pedestrian Lawsuit

Because the injuries of a drunk driver hit pedestrian accident can be so extensive, a pedestrian can receive substantial money in a lawsuit settlement. This money will help compensate the pedestrian for medical bills, pain and suffering, and lost wages from work due to the accident.

The calculation of medical costs is pretty straightforward but less tangible damages are more difficult to calculate, which is why having an experienced pedestrian accident attorney is so important. We look at the big picture of your situation and understand how so many aspects of life are affected after an accident. This means factoring in everything from follow-up doctor visits to physical therapy, emotional trauma, loss of consortium, funeral expenses, and loss of quality of life when pursuing your case.

The Role of Automobile Insurance

Another factor to keep in mind with this type of lawsuit is how much insurance coverage the drunk driver had at the time of the accident. In many cases, the settlement money comes from the driver’s insurance company and not actually from the driver directly. If the drunk driver did not have automobile insurance or did not have very much coverage, there may not be enough money available to pay for the pedestrian’s damages. Collecting the remaining funds directly from the driver, especially if the driver has very limited assets, is challenging and often requires the expertise of an auto accident lawyer who knows how to maximize a pedestrian’s recovery in every way possible.

Get Help with Your Pedestrian Accident Case

If you or someone you love has been a pedestrian hit by a drunk driver, the Law Office of Jeffrey K. Kestenbaum can help. It is definitely worth it to find out what your options are for recovering damages after this type of devastating accident, and we are here to walk you through every step of the process to help you get what you deserve.

Call us 24/7 at 718-237-5586 or contact us online to have our Brooklyn legal team take a look at your case.

What to Do After a Slip and Fall Apartment Complex Accident

Posted on November 25, 2020 by Jeffrey K. Kestenbaum

Slip-and-fall accidents can happen anywhere, but apartment complexes are among the most common locations for these incidents in New York City. With nearly two-thirds of New Yorkers renting apartments, many tenants may have valid legal claims if a fall occurs due to negligence.

This guide outlines the steps to take after a slip-and-fall accident at an apartment complex, from seeking medical care to filing a claim for compensation.

Common Causes of Slip-and-Fall Accidents at Apartment Complexes

While some accidents occur because the individual wasn’t cautious or was under the influence of drugs or alcohol, others are the result of landlord negligence. Examples of landlord negligence include:

Failure to remove snow and ice from sidewalks and entryways
Inadequate lighting in common areas
Unrepaired broken flooring or staircases
Lack of cautionary signage during maintenance or repairs

Landlords are legally required to maintain safe living conditions for tenants and visitors. Failing to do so can make them liable for injuries sustained on the property.

Step 1: Assess Your Injuries and Seek Medical Treatment

Your first priority after a slip-and-fall accident is to take care of yourself. Common injuries from these incidents include:

Broken bones
Concussions and other traumatic brain injuries from head impacts
Severe injuries from falls down stairs or near traffic

Prompt medical attention is crucial, not only for your recovery but also for documenting your injuries as evidence for your claim.

Step 2: Collect Evidence to Support Your Claim

If you suspect landlord negligence caused your accident, gather evidence to strengthen your case. Key evidence may include:

Your lease agreement: Highlight clauses that assign maintenance responsibilities to the landlord.
Communications with your landlord: Emails or messages reporting hazards that were ignored.
Photographs: Capture the accident scene and any hazards, such as icy sidewalks or broken stairs.
Witness statements: Neighbors or bystanders who saw the incident or are familiar with the hazard.
Medical records: Documentation of your injuries and treatment.

The sooner you collect evidence, the stronger your claim will be.

Step 3: Determine Fault in Your Case

To hold your landlord accountable, you must prove their negligence caused your injuries. In general:

Landlords are responsible for maintaining common areas, including hallways, entryways, staircases, and sidewalks.
Tenants are responsible for hazards within their own apartments.

The burden of proof is on you to show that the landlord failed to meet their legal responsibilities, resulting in your accident.

Step 4: Work with a Trusted Personal Injury Attorney

At the Law Office of Jeffrey K. Kestenbaum, we specialize in personal injury cases, including apartment slip-and-fall accidents. Our experienced team will:

Investigate the accident to determine fault
Prove your injuries are directly related to the incident
Negotiate with insurance companies on your behalf
File court documents and represent you in court if needed

We are committed to getting you the compensation you deserve for medical bills, lost wages, and pain and suffering.

Call us 24/7 at 718-237-5586 or fill out our online contact form for a free consultation with our Brooklyn-based legal team.

What You Should Know About Scaffold Accidents, Injuries, and Death

Posted on October 21, 2020 by Jeffrey K. Kestenbaum

Scaffolding is necessary at many construction sites to enable workers to reach high locations, provide a working platform, and offer a place to store materials. However, scaffolding is also a major source of accidents at construction sites and often results in devastating injuries to workers who were just trying to do their jobs.

Here is some information about scaffolding accidents and how to know if you should pursue a wrongful death case on behalf of a loved one who was involved in this type of tragedy.

Causes of Scaffolding Accidents

Scaffold accidents, injuries, and deaths are often caused when the scaffolding supports break because they are defective or assembled improperly. Construction workers and even other people just walking by can trip over scaffolding. Ordinary citizens may have an accident claim due to scaffolding due to a landlord’s negligence, for example.

Slips and trips often occur when the scaffolding is slippery due to weather, where it lacks guardrails, or when workers have not properly been trained for the job they are doing. Winter weather makes scaffolding even more dangerous than it usually is for workers and pedestrians. If a person or company places scaffolding too close to a power line, electrocution can occur. Workers who are careless, overloaded scaffolds, falling objects, and using damaged scaffolding for a project can all lead to serious injuries and even death.

Common Injuries and Scaffolding Accidents

Because scaffolding is placed at high levels and often around dangerous materials and wiring, very serious injuries can occur. Unfortunately, death scaffold cases are far too common here in New York. Some of the most common injuries due to scaffolding accidents include spinal cord injuries and traumatic brain injuries. Many people break bones due to scaffolding accidents, suffer from severe cuts and scrapes, and paralysis is possible in severe situations.

Many of these injuries can be prevented with the proper training of construction workers and ensuring that workers have the appropriate safety gear. Businesses that use scaffolding must inspect it regularly for defects, replace worn-out materials, and take the time to construct it properly according to OSHA standards.

Wrongful Death Cases for Scaffolding Accidents

Dozens of people die each year because of scaffolding-related accidents, which prompts the question of whether a wrongful death case can and should be pursued. A wrongful death case may be appropriate if a person dies in a scaffolding accident due to the fault of another person. If you believe that someone’s negligence was to blame for such a death, it is important to speak to a knowledgeable wrongful death attorney right away.

Various parties may be entitled to make a wrongful death claim, such as a surviving spouse, children, separated spouse in some situations, life partners, financial dependents, putative spouses and even distant family members. Compensation from a wrongful death case can help with the many expenses associated with the passing of a loved one, including lost wages and benefits, medical expenses, pain and suffering, funeral expenses, and household services.

Get Help with Your Injury or Death Scaffold Case

In addition to pursuing a wrongful death case because of a scaffolding incident, you may also be able to pursue a personal injury claim and a workers’ compensation claim. The Law Office of Jeffrey K. Kestenbaum can help you with your scaffolding-related case, regardless of whether you were the victim, a loved one was the victim, or if the accident resulted in injuries or death. Based on the circumstances of your case, it may be possible to bring a civil claim against one or more parties for failing to prevent a scaffolding injury or causing it through negligent actions.

Call us anytime 24/7 at 718-237-5586 to speak with an attorney about your scaffolding matter. You can also contact us online to learn more about how we can help you be successful in recovering the maximum monetary award and settlement for an injured person.

What Are the Main Causes of Pedestrian Accidents?

Posted on August 28, 2020 by Jeffrey K. Kestenbaum

Automobile crashes are all too common in New York, but pedestrians are especially vulnerable because no human body can withstand the force of a vehicle barreling towards it. Pedestrian-related accidents can be the fault of the driver, pedestrian, both, or another party, but no matter who’s at fault, the results can be devastating for a person on foot.

Here are the main causes of pedestrian accidents so that you can be aware of these common situations and avoid and deal with them accordingly.

Left Turns

Left turns are problematic because drivers and pedestrians are looking in different directions when they occur. Drivers are typically looking at the intersection while pedestrians are looking straight ahead, which means they may not see each other in time.

Not Crossing at Crosswalks

Jaywalking, or walking across the part of a street without a designated crosswalk, is a common reason why pedestrians get hit. Intersections are common accident spots, but simply using a crosswalk makes an accident far less likely.

Distracted Drivers or Pedestrians

Modern technology has made roadway situations less safe for both drivers and pedestrians. Both groups of road users commonly try to multitask, whether it’s by texting, changing music stations, looking up directions, or otherwise using a mobile device.

Alcohol Use

Drunk driving is a common cause of pedestrian accidents because alcohol impairs a driver’s judgement and affects reaction time. However, pedestrians under the influence of alcohol also make poor decisions about when to cross streets and can become reckless in the middle of roadways to cause accidents too.

Wearing Dark, Non-Reflective Clothing

Pedestrians who wear dark colored clothing are more likely to be hit by cars who cannot see them well at night. This is why runners and walkers should wear reflective gear after sunset to make themselves more visible to drivers.

Rolling Stops

Pedestrian accidents occur frequently when a driver fails to come to a full stop at a red light or stop sign, choosing to roll through the traffic signal instead. This commonly happens when drivers are in a hurry and don’t look for pedestrians while trying to rush through an intersection.

Speeding Drivers

People who drive above the speed limit put pedestrians at a higher risk because it is harder to stop quickly in a vehicle when you are traveling at a high speed. A driver can be held liable for an auto accident due to speeding even if a pedestrian was negligent while crossing a street.

Get Help with Your Pedestrian Accident Case

If you have been involved in a pedestrian accident, the Law Office of Jeffrey K. Kestenbaum can help. Due to the complexity and severity of these types of accidents, you need a reliable and knowledgeable Brooklyn personal injury lawyer on your side to get the compensation you deserve.

To learn more and for a free consultation, call us 24/7 at 718-237-5586 or send us a message online.

Evidentiary Standards and the Burden of Proof in New York

Posted on August 19, 2020 by Jeffrey K. Kestenbaum

In New York, plaintiffs bear the burden of proof in personal injury cases, which means that they must prove that the defendant was at fault for the accident and injuries. In general, evidentiary standards are typically preponderance of the evidence or clear and convincing evidence for civil cases and proof beyond a reasonable doubt for criminal cases. This article looks at the evidentiary standards in New York and how the burden of proof applies to cases pursued in our state.

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Why You Need a Traffic Accident Lawyer by Your Side After an Accident

Posted on August 5, 2020 by Jeffrey K. Kestenbaum

Thousands of automobile accidents occur every year in New York City, yet many drivers are convinced that it will never happen to them. Yet even the slightest incident of not paying attention or adverse weather conditions can cause devastating effects to an unsuspecting driver’s health, vehicle, and ability to live a normal life.

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Property Damage Claims in NYC and When You Need a Property Damage Lawyer

Posted on August 3, 2020 by Jeffrey K. Kestenbaum

You work hard to be able to buy things that you want and need, which is why it’s so frustrating when another person willfully and intentionally damages your personal property. Property damage can occur in many different circumstances, and some claims are considerably more difficult to prove in a court of law than others. Here’s a look at how to pursue a property damage claim in NYC and when it’s time to hire an experienced property damage lawyer.

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What to Know About Making a Slip and Fall Claim Against Someone with Homeowner’s Insurance

Posted on July 2, 2020 by Jeffrey K. Kestenbaum

Slip and fall accidents can take place essentially anywhere, such as a public sidewalk, a retail store, or someone else’s house. If you have an accident while visiting a friend, relative, or neighbor, one of the first questions to ask is if the person has homeowner’s insurance. Most homeowners do carry this type of insurance, especially if they have a mortgage.

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