Category Archives: Brooklyn Personal Injury Lawyer

How a UPS Truck Accident Lawyer Can Help You in New York

Posted on February 17, 2023 by Jeffrey K. Kestenbaum

How a UPS Truck Accident Lawyer Can Help You in New York

UPS drivers are hard at work in New York City, delivering packages daily to residents and businesses. While these professional drivers are trained to drive safely and efficiently, accidents involving UPS trucks still occur, often resulting in severe injuries and significant vehicle damage.

Here’s what you need to know about UPS truck accidents and how a delivery truck accident attorney can help you.

Causes of UPS Truck Accidents

UPS trucks are much larger than the average vehicle on New York City streets, making them more challenging to navigate around. These trucks have large blind spots, especially when driving down narrow or busy streets. UPS truck accidents can happen for several reasons, including:

Cargo shifting inside the truck.
Trailers swaying into adjacent lanes.
Large blind spots that make lane changes difficult.
Distracted driving, such as texting or checking directions.
Bad weather conditions.
Failure to perform necessary safety checks or maintain the truck.
Fatigue or intoxicated driving.
Failure to obey traffic laws.

Proving That a UPS Driver Caused Your Injuries

If you are involved in a collision with a UPS truck, you may be able to file a claim against the driver, the UPS company, or other parties. To win a case, it is usually necessary to prove that the UPS driver was negligent or reckless while driving. This is where an experienced delivery truck accident lawyer becomes essential, helping to gather and use evidence to build a strong case.

These cases can be complex, but at the Law Office of Jeffrey K. Kestenbaum, we work diligently to seek fair compensation for our clients. We investigate the details of the accident to determine who was at fault, how the accident caused your injuries, and how much compensation you are entitled to for your suffering.

When to Hire a UPS Truck Accident Lawyer

If you’ve been injured in a UPS truck accident, it is important to reach out to a UPS truck accident attorney as soon as possible. At the Law Office of Jeffrey K. Kestenbaum, we represent clients injured in UPS truck accidents, FedEx accidents, and other commercial vehicle accidents.

When facing major corporations like UPS, it’s crucial to have legal support, as these companies often attempt to minimize payouts. Don’t be intimidated by going up against a large corporation. We will be with you every step of the way, from your initial free consultation to the final resolution of your case.

To discuss your UPS truck accident and explore your legal options, contact us today at 718-237-5586 or fill out our online form.

Drunk Driving Pedestrian Accidents in NYC and Your Legal Rights

Posted on November 30, 2020 by Jeffrey K. Kestenbaum

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.

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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How is COVID-19 Impacting Court Cases in New York?

Posted on June 3, 2020 by Jeffrey K. Kestenbaum

Over the past few months, COVID-19 (coronavirus) has been affecting nearly every aspect of daily life, including the legal system. There is now a distinction between “essential” and “non-essential” court functions, while social distancing protocols have changed the way that judges, attorneys, and clients interact with each other.

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How to Handle Pedestrian Car Accidents in Brooklyn

Posted on August 21, 2019 by Jeffrey K. Kestenbaum

How to Handle a Pedestrian Hit by a Car in Brooklyn

Brooklyn is one of the most walkable boroughs in New York City, with residents relying heavily on foot traffic for commuting, errands, and daily life. While walkability is a major benefit, it also puts pedestrians at risk when drivers are distracted, speeding, or fail to follow traffic laws. A pedestrian hit by a car in Brooklyn often suffers serious injuries that can change their life in an instant.

Understanding what to do after a pedestrian car accident and knowing when to contact a pedestrian accident lawyer in NYC can make a critical difference in protecting your health and legal rights. Many injured pedestrians benefit from speaking with a pedestrian accident attorney who understands how New York traffic laws apply to pedestrian injury claims.

Pedestrian Car Accident Trends in NYC and Brooklyn

New York City has made measurable progress in reducing traffic deaths under its Vision Zero initiative. According to the NYC Department of Transportation, NYC recorded 205 total traffic deaths in 2025, the fewest ever recorded, and a 31 percent decline since Vision Zero launched in 2014. Pedestrian fatalities citywide declined 9 percent, from 122 deaths in 2024 to 111 in 2025.

While this progress is encouraging, Brooklyn continues to experience a significant share of serious pedestrian collisions. In 2025, Brooklyn recorded 63 traffic fatalities, reflecting a more modest decline compared to other boroughs. Even as fatalities decrease, pedestrian injuries remain common across the city.

What to Do Immediately After Being Hit by a Car

Being hit by a car is a frightening experience, and many pedestrians feel shocked or disoriented afterward. Your first priority should always be your health. Seek medical attention right away, even if your injuries seem minor. Pedestrian accidents often cause head injuries, spinal trauma, and broken bones, and symptoms may not appear immediately.

Prompt medical care is important because injuries like concussions or internal damage can worsen over time. If you are diagnosed with a head injury, working with a traumatic brain injury lawyer can help ensure the long-term impact is properly addressed. Serious fractures to the arms, legs, hips, or ribs are also common, and guidance from a bone fracture lawyer may be necessary when recovery is extensive.

Once you are safe, call the police and make sure an accident report is filed. Avoid discussing fault with the driver or any insurance company at the scene. If you are able, take photos of the accident scene and gather witness information.

As soon as possible, consider speaking with a pedestrian accident lawyer who understands how pedestrian cases are handled in Brooklyn and throughout New York City and can help protect your rights.

Making a Claim After a Pedestrian Accident

In many pedestrian accident cases, the driver is legally responsible for the injuries they cause. Drivers are often found at fault when a pedestrian is struck in a crosswalk or while crossing with the right of way. However, liability can become more complex if the pedestrian was jaywalking or if unsafe road conditions played a role.

In addition to claims against the driver, injured pedestrians may be able to pursue compensation against the City of New York if defective traffic signals, missing signage, or unsafe street design contributed to the crash. An experienced pedestrian accident attorney can evaluate all potential sources of liability.

Who Pays Medical Bills After a Pedestrian Is Hit by a Car?

New York is a no-fault insurance state, which means a pedestrian injured by a motor vehicle may be entitled to no-fault benefits through the driver’s insurance policy. These benefits can help cover medical expenses and lost wages, regardless of who caused the accident.

Because these claims often involve complex insurance issues, working with a Brooklyn auto accident lawyer can help ensure that all available coverage is identified and properly pursued.

Brooklyn Legal Help for Pedestrian Car Accidents

If you or someone you love was involved in a pedestrian car accident in Brooklyn, the Law Office of Jeffrey K. Kestenbaum can help. Our firm has extensive experience representing injured pedestrians and understands how NYC traffic laws, insurance rules, and liability issues affect these cases.

Call 718-237-5586 or contact us online today to schedule your free consultation. Being hit by a car is a traumatic experience. Let us fight for your rights and help make Brooklyn a safer place to walk.

What to Expect Financially After a Personal Injury

Posted on September 27, 2018 by Jeffrey K. Kestenbaum

Every day, people get into accidents. They may slip and fall in a grocery store. They may take their medicine and suffer serious side effects. Some are injured by their doctor during surgery. Many get into serious car accidents and see their lives changed forever.

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Traumatic Brain Injuries Caused by Roofing Accidents

Posted on May 24, 2018 by Jeffrey K. Kestenbaum

Construction is one of the most dangerous job industries. There are so many elements involved, such as electricity, heights, tools and machinery. One of the most dangerous is heights, particularly roofing. Working on a roof is no easy task, especially when inclement weather is involved. One of the biggest concerns for roofers is traumatic brain injuries.

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Time Limit on How Long Scaffolding Can Remain in Place

Posted on January 27, 2017 by Jeffrey K. Kestenbaum

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.

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Brain Injuries in Sports

Posted on September 26, 2016 by Jeffrey K. Kestenbaum

Millions of young people in the United States play sports on a regular basis. From gymnastics to football, soccer to lacrosse, sports are important from a cultural, health, and social perspective. And while there is no doubt that playing sports can help children and adults to maintain physical fitness and a healthy lifestyle, as well as develop important skills, sports-related brain injuries are an emerging risk. In fact, according to a report published by S&P Global Ratings and cited by Insurance Journal, sports-related brain injuries are one of the top emerging insurance claims in both the United States and the United Kingdom.

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