Cop at auto accident

Drunk Driving Pedestrian Accidents in NYC and Your Legal Rights


Posted on November 30, 2020 by

Legal Options After a Drunk Driver Hits a Pedestrian in NYC 

Did you know that slightly more than one-third of fatal traffic crashes 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 the sheer number of pedestrians on NYC streets at any given time. If a drunk driver hits a pedestrian, the injuries are often severe and life-changing. Understanding your legal rights after this type of accident can help you determine whether speaking with a pedestrian accident attorney is necessary. 

How Drunk Driver and Pedestrian Accidents Happen 

When a person drives under the influence of alcohol, their reaction time slows, and judgment is impaired, making it difficult to respond to unpredictable pedestrian activity. Under New York law, a driver may be considered legally impaired with a blood alcohol concentration above 0.05%, and legally intoxicated at 0.08% or higher.  

Drunk drivers often strike pedestrians while they are crossing the street, whether inside a crosswalk or outside of one. In other cases, impaired drivers lose control and drive onto sidewalks, hitting pedestrians standing at street corners, waiting outside buildings, or walking along the curb. These accidents frequently occur at night and on weekends, when impaired driving is more common. 

Common Injuries in Drunk Driving Pedestrian Accidents 

Pedestrian injuries are often severe when a person on foot comes into contact with a motor vehicle. Broken bones are common, along with excessive bruising, internal injuries, and head trauma. 

Traumatic brain injuries can have long-lasting consequences, including memory loss, cognitive impairment, and emotional changes. Victims suffering from concussions or more serious head injuries may need assistance from a traumatic brain injury lawyer who understands the long-term impact of these conditions. 

Pedestrians are also frequently left with serious fractures to the arms, legs, hips, or ribs. In these cases, working with a bone fracture lawyer can help ensure the full scope of orthopedic injuries is considered when pursuing compensation. 

Tragically, many pedestrians do not survive these accidents. In a recent year, more than 7,000 alcohol-related crashes in New York resulted in approximately 335 deaths statewide, highlighting the deadly consequences of impaired driving. 

A Pedestrian’s Legal Rights 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. Driving while intoxicated is considered negligence under New York law, meaning the injured pedestrian may pursue compensation for damages. 

If the collision results in death, a representative of the pedestrian’s estate may file a wrongful death lawsuit on behalf of surviving family members. An experienced drunk driving accident attorney in NYC can help investigate the accident, gather evidence of intoxication, and build a strong claim. 

New York’s Implied Consent Law also applies in these cases. Drivers are deemed to have consented to chemical testing of their blood, breath, urine, or saliva, and refusal results in automatic license suspension. 

What Compensation May Be Available After a Drunk Driving Accident  

Because injuries in drunk driving pedestrian accidents are often extensive, victims may be entitled to substantial compensation. This can include medical expenses, lost wages, pain and suffering, and long-term care needs. 

While medical bills may be straightforward to calculate, non-economic damage such as emotional trauma, loss of quality of life, and future limitations is more complex. This is why working with an experienced pedestrian accident attorney is so important. 

The Role of Auto Insurance 

Another important factor in drunk driving pedestrian cases is the insurance coverage available. In many cases, compensation comes from the driver’s auto insurance policy rather than directly from the driver. 

If coverage is limited or nonexistent, recovering full compensation can be challenging. In these situations, guidance from an auto accident lawyer can help identify all available sources of recovery and maximize compensation. 

Get Help After a Drunk Driver Pedestrian Accident in NYC 

If you or someone you love has been injured after a drunk driver hit a pedestrian, the Law Office of Jeffrey K. Kestenbaum can help. We understand the physical, emotional, and financial toll these accidents take and are committed to guiding you through every step of the legal process. 

Call us 24/7 at 718-237-5586 or contact us online to have our Brooklyn legal team review your case and explain your legal options.

Street block with apartments

What to Do After a Slip and Fall Apartment Complex Accident


Posted on November 25, 2020 by

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:

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.

Busy scaffolding in NYC

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


Posted on October 21, 2020 by

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.

Road icon for bicycle lane

What Are the Main Causes of Pedestrian Accidents?


Posted on August 28, 2020 by

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.

Judge's gavel and weights of justice

Evidentiary Standards and the Burden of Proof in New York


Posted on August 19, 2020 by

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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NYC traffic

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


Posted on August 5, 2020 by

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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Overview of NYC

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


Posted on August 3, 2020 by

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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Fallen lady with injury

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


Posted on July 2, 2020 by

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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car accident with airbags

What to Do After a Car Accident Total Loss When You’re Not at Fault


Posted on July 2, 2020 by

A vehicle is considered to be a total loss when the amount to cover repairs would be greater than the current value of the vehicle. These are often serious accidents that may or may not involve injuries. They can also create complex legal questions that require the expertise of a car accident total loss attorney to avoid being taken advantage of and lose a sizable sum of money.

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Nurse Helps Patient Walk

What You Should Know About Work from Home Slip and Fall Accidents During the Pandemic


Posted on June 3, 2020 by

Due to the spread of COVID-19 and social distancing guidelines, many New Yorkers are finding themselves working at home for the very first time. Not only can working at home pose technological and logistical challenges, but it can also lead to compromised safety and more accidents around the home.

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