Category Archives: Accident Attorney Brooklyn

white delivery truck driving down the street

How a Delivery Truck Accident Lawyer Can Help You


Posted on March 18, 2024 by

Whether your packages come from UPS, FedEx, Amazon, or another company, delivery trucks are in constant motion all over New York City. The reckless or negligent actions of delivery truck drivers can result in devastating accidents, causing innocent people to become injured and confused about where to turn for help or how to protect their legal rights.

Attorney Jeffrey K. Kestenbaum is the delivery truck accident lawyer you need on your side to prove your case and bring a delivery truck driver or company to justice.

Causes of Delivery Truck Accidents

Delivery truck drivers undergo classroom and on-the-road training before being assigned to delivery routes and pursuing a career in this industry. However, even the most highly trained and experienced drivers can still become distracted, overworked, and tired due to demanding shifts and few breaks.

Some of the most common causes of delivery truck accidents are sudden stopping, speeding, illegal parking, and distracted driving due to checking a smartphone or GPS for directions. Here in New York, we often see delivery truck accidents in the form of rear-end collisions, T-bone accidents, sideswipes due to lane changes, and crashes with pedestrians and cyclists.

Challenges of Delivery Truck Accident Cases

One of the biggest challenges with delivery truck accident cases is determining who can be held responsible for the accident and the injuries that resulted from it. Individual truck drivers could be held accountable if they are independent contractors and not delivery company employees. An injured person may be able to pursue the truck driver’s insurance company for a settlement or file a lawsuit if the insurance offer is not satisfactory.

The delivery company could be held accountable for the accident if you can prove that it employed and trained the driver, who was working at the time of the crash and performing routine duties of the job. Pursuing a third party in a delivery truck accident case may also be possible, such as the vehicle manufacturer, if you can prove there was an issue with the vehicle itself.

Proving a Delivery Truck Caused Your Injuries

Proving negligence in a delivery truck accident case typically requires the expertise of a personal injury law firm that understands the local laws and all aspects of the claims process.

Proving a case against any at-fault party in one of these cases may require conducting an accident investigation, interviewing witnesses, talking to the police department, gathering evidence, reviewing medical records, filing an insurance claim, negotiating with insurance companies, and taking the matter to court. Speaking to a personal injury attorney before accepting any initial settlement offer from a delivery truck company is highly recommended to ensure that you receive full and fair compensation for your injuries and damages.

When to Hire a Delivery Truck Accident Lawyer

The first steps to follow after a delivery truck accident are to contact the police, seek medical treatment for your injuries, gather evidence from the crash scene if you are able, and call your insurance company to report the accident. As soon as possible, contact a delivery truck accident attorney to determine the best strategy for handling your case from that point forward.

The Law Office of Jeffrey K. Kestenbaum handles all types of auto accident cases, including collisions with delivery trucks. When you need a delivery truck accident lawyer in Brooklyn, we are here to listen to your story and build a strong case against the at-fault party to get you the compensation you deserve.

For a free consultation about your accident with a delivery truck, please contact us at 718-237-5586 or send us a message.

U-Haul Truck Accidents in Brooklyn

An Update on U-Haul Truck Accidents in Brooklyn


Posted on March 20, 2023 by

Accidents involving U-Haul trucks are more common than you might expect in New York City. New Yorkers relocating their residences and businesses are often not experienced with driving, parking, and navigating large vehicles. This challenge creates increased risks for rollover accidents, side-swipes, improper lane changing, and distracted drivers.

Earlier this year, a U-Haul rampage occurred in Brooklyn, devastating the lives of many individuals and their families. The injuries resulting from a U-Haul accident like this can be severe and even deadly, which is why it is good to know a commercial truck accident lawyer in case you are ever involved in this type of situation.

Details About the U-Haul Accident

The driver of a U-Haul truck, Weng Sor, age 62, allegedly drove a U-Haul truck up onto a sidewalk and struck at least ten people in Brooklyn. At least one person was killed in the accident, with many more hospitalized and treated for their injuries. Innocent pedestrians and bicyclists were struck by the U-Haul in multiple locations over the course of more than half an hour. Some of the victims were simply standing by their bikes, riding their bikes, and walking down the sidewalk while going about their days.

The initial site of impact was at Senator Street and 5th Avenue, and then the destruction continued through multiple neighborhoods. Several of the victims were brought to NYU Langone in Brooklyn for treatment. Police were eventually able to apprehend the driver and take him into custody.

This is an extraordinary U-Haul accident and far more shocking than most rental truck accidents that you see on Brooklyn streets. However, it’s important to know what to do if you are involved in any type of U-Haul accident so that you can protect your legal rights and get help paying for the treatment you need to heal your injuries.

 What a Lawyer for Truck Accidents Does

A commercial truck accident attorney is a vital component of resolving a case involving a U-Haul truck or trailer. The Law Office of Jeffrey K. Kestenbaum is experienced with these types of cases and has been successful in recovering maximum settlements for injured parties.

Commercial truck accident lawyers help injured people file claims against at-fault drivers and get settlement money to help pay for medical bills, lost wages, and other related damages. To pursue your case, we will use all of the evidence available, including the police report, witness statements, photographs, and medical records, to show the court that you have been wronged because of someone else’s negligence and deserve to be compensated.

When to Hire a Truck Accident Attorney

There is a three-year statute of limitations for U-Haul truck accidents in New York, which means that the clock is ticking from the day an accident happens. As soon as you have addressed matters at the accident scene and received the immediate medical attention you need, it is important to call a U-Haul truck accident attorney for a free consultation. In this consultation, we will listen to the details of your accident, explain your legal rights, and offer advice about the next steps to take.

Contact us at 718-237-5586 or by online form to get the legal process started and allow us to fight for you and what you deserve!

Brooklyn Accident Lawyer

What Happens If the Person I Got into a Car Accident with Has No Insurance?


Posted on March 20, 2023 by

As a driver in New York City, you probably have an expectation that everyone else is responsible and has automobile insurance for their vehicles, just like you do. Unfortunately, this is not always the case. In fact, it has been estimated that one in eight motorists in the U.S. don’t have auto insurance, which means that there are approximately 28 million uninsured drivers out on the road today.

So, what happens if you are injured in an accident with someone who does not have insurance? Here are some tips for how to deal with the situation and how a New York car accident lawyer can help.

Auto Insurance Requirements for Coverage

In all U.S. states, there are minimum coverages requirements for auto insurance that you must register a vehicle and get a license plate. The first requirement is liability insurance, which protects your car and other people and their property involved in an accident. There is also personal injury protection (no-fault) coverage for medical expenses, lost wages, and additional accident-related costs. Uninsured motorist coverage is the third requirement and protects you and your passengers if you get into an accident with an uninsured motorist.

Understanding Uninsured Motorist Coverage

In New York, uninsured motorist coverage applies to bodily injuries caused by accidents but not damage to your car or other property. The amount of this type of insurance required is the same as the minimum bodily injury limits required by your liability insurance.

You should use your uninsured motorist coverage if a hit-and-run motorist injures you or another person in your vehicle. You can also use this coverage if you are a pedestrian injured by an uninsured or hit-and-run driver. If you or a family member are injured while in an uninsured vehicle, you can also file an uninsured motorist coverage claim with your own automobile insurer.

Call Us When You Need a New York City Car Accident Lawyer  

Uninsured motorist accident cases are notoriously challenging, which is why you need an experienced New York car accident lawyer on your side. At the Law Office of Jeffrey K. Kestenbaum, we provide aggressive representation for auto accident victims and know what it takes to get you full and fair compensation for your injuries if an uninsured driver is to blame.

We will fight to protect your rights and recover the largest settlement possible while keeping you informed about the legal steps and progress from your initial consultation until the resolution of your case. We can also pursue the option of filing a lawsuit against the at-fault driver who did not have auto insurance if your own policy’s uninsured motorist coverage is not enough to cover your damages.

With our help, you can bring an uninsured driver to justice and get help paying for your medical expenses, lost wages, pain and suffering and more. For a free consultation, contact us today at 718-237-5586.

How a Lower Blood Alcohol Limit Law Could Affect NYC Pedestrians


Posted on February 17, 2023 by

How a Lower Blood Alcohol Limit Law Could Affect NYC Pedestrians

In recent news, lawmakers have discussed the idea of reducing the legal blood alcohol limit in New York. The current blood alcohol limit is 0.08, but Senator John Liu has presented the idea of lowering that number to 0.05 to keep more drunk drivers off the road in our state.

Not only would such a change affect intoxicated drivers pulled over by NYC police officers, but also innocent pedestrians, cyclists, and motorists involved in accidents. Your local drunk driving accident lawyer, Jeffrey K. Kestenbaum, addresses this topic regarding injured accident victims.

 What Is a Blood Alcohol Limit?

Blood alcohol content (BAC) is the amount of alcohol that is present in a person’s blood due to drinking alcoholic beverages. A totally sober person will have a BAC of 0.0 percent, legal intoxication is 0.08 percent, severe impairment is between 0.08 and 0.4, and anything above this level puts a person at significant risk of coma or death.

BAC is used in police investigations, court cases, and employment verification. In medical settings, it is used to check for alcohol poisoning and to monitor a person’s progress with alcohol use disorder treatment.

 Pros and Cons of Reducing the Limit

Assemblywoman Jo Ann Simon has joined Senator Liu to advocate lowering the threshold for a person to be charged with Driving While Intoxicated (DWI) in New York. At this time, drivers who produce a BAC test result between 0.05 and 0.08 are typically charged with lesser penalties than those with levels of 0.08 or higher, if convicted. However, there have been increasing deaths due to drinking and driving lately, prompting lawmakers to take a tougher stance.

 

So far, only the state of Utah has reduced the BAC limit to 0.05. However, other states, such as Washington and Hawaii, are also considering lowering their limits. The arguments for reducing limits address public safety and preventing harm, while arguments against limit reductions highlight individual liberty objections and the culture of responsible social drinking.

Alcohol and Personal Injury Accidents

Unfortunately, as a Brooklyn personal injury law firm, we see many accident cases involving alcohol. Many types of cases that we handle can include alcohol as a contributing factor, including automobile accidents, pedestrian accidents, motorcycle accidents, construction accidents, slip and falls, traumatic brain injuries, and wrongful deaths.

Whether individuals are behind the wheel of a vehicle, riding a bike, or walking on the street, alcohol can cloud judgment, lead to risky decisions, and put other people at risk of harm. The value of your legal case may be affected if alcohol was a contributing factor in your accident, which is why an experienced DUI accident lawyer is helpful in this situation.

Were You Injured By A Drunk Driver?

The New York Department of Motor Vehicles reports that a third of New York road fatalities involve drivers or pedestrians who are impaired or intoxicated. If New York state law changes to lower the blood alcohol level to 0.05, will fewer accidents occur and fewer people suffer injuries due to someone else’s negligence?

If you are the victim of a drunk driving accident and suffered injuries, the Law Office of Jeffrey K. Kestenbaum can help.  Please contact us today online or by phone at 718-237-5586 for a free legal consultation.

Motorcycle involved in a car crash

Motorcycle Accidents in NYC and Common Factors to Avoid


Posted on August 29, 2019 by

There’s nothing quite like riding a motorcycle through New York City and feeling experiencing the exhilaration of all the sights, sounds, and smells of the city. However, there’s no denying that riding a motorcycle comes with its fair share of risks and that motorcycle accidents are all too common in NYC.

Continue reading

Fire truck driving down a street

Emergency Vehicle Accidents in Brooklyn


Posted on May 22, 2019 by

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.

Continue reading

Bid's eye view of a busy intersection

Dangerous Intersection Alert: How to Avoid Car Accidents in Brooklyn


Posted on May 15, 2019 by

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.

Continue reading

Green pedestrian crossing sign

Protecting yourself from Hit and Run Injuries


Posted on January 30, 2017 by

In January 2017, New York City saw several hit and run fatalities. These included a pedestrian who was killed by an unknown motorist in Springfield Gardens in the early hours of New Year’s Day and multiple cases from Brooklyn, including the cases of Rafael Nieves of Williamsburg, Iosif Plazinskiy of Brighton Beach, and Marlon Palacios, the third of whom was struck and killed when he was traveling through East Flatbush to pick up his son from daycare.

Hit and run accidents, like other types of car accident, can result in serious injuries and even death for victims. If you were involved in a hit and run accident, speak with an experienced personal injury lawyer about your rights and options for seeking compensation for your damages as soon as possible.

Continue reading

Construction workers building scaffolding at site

Time Limit on How Long Scaffolding Can Remain in Place


Posted on January 27, 2017 by

When you are walking down the street in New York, you see a copious amount of scaffolding on the buildings. When buildings are repaired, scaffolding is put up to support work crews as well as shield pedestrians below from potential hazards like falling bricks and equipment and even exposure to dust particles from the work being done.

Sometimes, scaffolding remains in place for months, even years. This could change if a proposed bill sponsored by Councilman Ben Kallos is passed, which would require scaffolding to be taken down within six months of being placed. Ideally, this would not only reduce the structures that many consider to be an eyesore, it would reduce the number of construction accidents suffered by pedestrians.

Continue reading

Two construction workers working at a site

New York City Construction Accidents on the Rise


Posted on August 24, 2016 by

With the increase of building and development throughout New York, it is no surprise that construction-related accidents and fatalities have been on the rise. But the alarming fact is that the upsurge in accidents and deaths far surpasses the rate of new construction, raising concerns about neglected safety safeguards across the state in multiple construction and demolition sites. If you have been injured and are disturbed about safety conditions, the construction accident lawyers at the office of Jeffrey K.Kestenbaum can help.

Continue reading