Category Archives: Brooklyn Personal Injury Lawyer

UPS Accident Lawyer

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

Posted on February 17, 2023 by

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

UPS drivers are hard at work in New York City, delivering packages to residents and businesses daily. These professional drivers are trained to drive safely and efficiently while ensuring that packages get to the right places on time and without damage. But for various reasons, UPS drivers are often involved in roadway accidents that result in severe injuries and vehicle damage.

Here’s what you need to know about UPS truck accidents and where to turn when you need a delivery truck accident attorney.

Causes of UPS Truck Accidents

UPS trucks are large compared to most other vehicles on the road in New York City. They can be challenging to navigate around and have significant blind spots when making their way down narrow and busy city streets. Accidents can happen when cargo shifts inside a UPS truck or when a large UPS trailer sways into the lane of another vehicle.

UPS drivers may be distracted due to texting, checking directions, or bad weather conditions. You might get into an accident with a UPS truck due to the delivery truck driver not performing the appropriate safety checks or maintaining the truck adequately. Tired driving, intoxicated driving, and failure to obey traffic laws are other reasons UPS truck accidents can happen.

Proving That a UPS Driver Caused Your Injuries

If you are involved in a collision with a UPS truck, you may have a case against the driver, UPS company, or another involved party. For a case to be successful in the legal system, it is typically necessary to prove that the UPS driver was negligent or reckless behind the wheel of the truck. This is where a delivery truck accident lawyer steps in to use all available evidence to build a strong case.

Cases against UPS drivers can be complicated to prove, but we work tirelessly to get fair compensation for our clients so they can focus on their recovery and return to everyday life. We’ll work through all the details of your case to determine who was at fault, what led to the accident, how your injuries are related to the accident, and how much you are entitled to receive because of what you have suffered.

 When to Hire a UPS Truck Accident Lawyer

The Law Office of Jeffrey K. Kestenbaum is a UPS accident lawyer firm that stands up for the rights of injured victims. We represent clients for a variety of commercial vehicle accident cases, including UPS accident claims, , FedEx accident cases, and other auto types of auto accident cases to reach favorable outcomes for people who have been hurt in New York City.

If you have significant injuries and medical bills related to your UPS truck accident, it is vital to contact a UPS accident attorney as soon as possible to start building your case. Major corporations, like UPS, are experienced in fighting accident claims and paying out as little as possible. But don’t be intimidated just because you are one person going up against a big company!

We will guide you through the entire legal process and answer all your questions from the moment you call us for a free, initial consultation until your case is fully resolved. To discuss the circumstances of your UPS truck accident case, contact us today at 718-237-5586 or fill out our online form.

busy nyc traffic

Legal Considerations for Drunk Driver Hits Pedestrian Accidents

Posted on November 30, 2020 by

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.

brooklyn nyc

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.

Justice Scales and books and wooden gavel

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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columns of a court house in NYC

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

Posted on June 3, 2020 by

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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Man at a desk using a calculator and writing in a notebook

What to Expect Financially After a Personal Injury

Posted on September 27, 2018 by

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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Construction worker building a home roof

Traumatic Brain Injuries Caused by Roofing Accidents

Posted on May 24, 2018 by

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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NYC Scaffolding

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.

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Brain Injury from Sports

Brain Injuries in Sports

Posted on September 26, 2016 by

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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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, 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.