Category Archives: Brooklyn Slip & Fall Lawyer

Narrow aisle of a crowded bodega filled with stacked food and household items, illustrating tight spaces and potential tripping hazards that can lead to injuries.

Injured at a Bodega? Your Legal Rights After an Accident


Posted on April 28, 2025 by

Were You Hurt While Shopping in a Bodega?

Bodegas are a unique part of New York City’s identity. With their immigrant roots and cultural significance, bodegas are just as much community hubs as they are places to shop.

These family-owned stores are embedded in NYC communities and provide a sense of connection as much as convenience. However, not even bodegas are immune to slip-and-fall risks, third-party negligence, and personal injury lawsuits.

What happens when you are injured in a store, like a bodega?

The Law Office of Jeffrey K. Kestenbaum explains what to do after an accident and how to protect your legal rights.

Causes of Bodega Accidents

Although often quaint and charming, the layout and organization of many bodegas lends itself to various customer accidents. Due to limited space, these mom-and-pop shops may have cluttered aisles, inadequate storage space, and overflowing shelves.

If bodega employees don’t stack and store away crates and boxes properly, they can create tripping hazards for shoppers. Wet and slippery conditions caused by weather or cleaning can also cause falls inside or outside a bodega.

After being injured in a store, shoppers often suffer from broken bones, sprains, bruises, and concussions.

Meanwhile, others are injured in bodegas due to assault or other violent crimes, perhaps due in part to poor security and lighting. Even just a quick trip to the corner store can lead to devastating outcomes you never saw coming.

What to Do After a Bodega Accident

If you are injured in a store or bodega, immediately assess your injuries and get medical help. If you are able, document the accident scene with photos and videos. Jot down notes about what you remember happening, and take down the contact information of any witnesses.

Notify the bodega manager about your accident and inquire about any security cameras that may have captured the incident on film. A skilled personal injury attorney can assist you with pursuing your case against an at-fault bodega owner, manager, employee, or other negligent third parties.

Proving the Bodega Is to Blame

Proving a personal injury case against a bodega is a challenging matter best left to legal experts. The best things you can do as an injured person is to take care of your health and gather as much evidence as possible.

Like all stores, bodegas have a duty to provide a safe environment for customers and remedy hazardous situations to prevent injuries. You may be entitled to compensation if a bodega is at fault for your injuries.

You need an experienced, dedicated attorney on your side to hold the business owner, their insurance company, and their lawyers accountable. We can help you get compensated for injury-related bills, pain, suffering, and loss of enjoyment of life.

Contact Us for a Bodega Accident Consultation  

If you were injured in a store, such as a bodega, please contact our law firm online or at 718-237-5586.

We are the Brooklyn slip-and-fall lawyer you can trust and rely on when you have the unfortunate experience of a bodega accident. We know how to decipher local premise liability laws, apply them to your case, and use them to win for your benefit.

Our firm handles many types of accident cases and has a compassionate team ready to listen to your story and treat you with the dignity and respect you deserve.

However, please don’t delay reaching out after your bodega accident. According to the statute of limitations in New York, you only have a limited amount of time to file your claim.

 

How to Pursue Target Injury Compensation After a Fall


Posted on March 25, 2025 by

With nearly 2,000 retail stores across the U.S., Target is a brand many people rely on for household products, food, clothing, and more. Target stores are known for their bright and inviting atmosphere, competitive pricing, and convenient shopping experience.

However, accidents commonly happen in Target aisles and leave shoppers injured and unable to go about their everyday lives.

In this article, the legal experts at the Law Office of Jeffrey K. Kestenbaum discuss what to do after a Target accident and how to pursue Target slip and fall settlements.

I Fell at Target, Now What?

Target slip-and-fall accidents happen for various reasons, such as cluttered aisles, wet floors, and improperly stacked merchandise. People also get injured in Target due to poor lighting, neglected maintenance, and employee negligence.

If you experience a fall in Target, do your best to stay calm and assess the extent of your injuries. Stay put and call out for assistance if you are in pain or feel weak or dizzy.

Tell a store employee about your fall immediately so that they can file an incident report and call for medical help. If possible, take photos of the accident scene and jot down notes about what happened while your memory is still fresh.

It is highly recommended to see a doctor for your injuries, even if they initially seem minor. If any other shoppers were around when you were injured, gather their names and contact information for possible future use. It may be necessary to contact your insurance company and a personal injury attorney if the Target store or an employee were responsible for your accident.

The Target Injury Policy

Target has a workplace health and safety policy that covers guest and team member safety from incidents and injuries. The Target injury policy generally addresses helping customers get medical assistance after a fall, incident reporting, and offering compensation by filing a claim through the company’s general liability insurance.

A skilled lawyer can help you navigate the Target injury policy and prove that an at-fault party’s negligence was to blame for the injuries you suffered.

Target Injury Compensation

After a slip-and-fall injury in Target, you could be eligible to receive compensation for a range of losses. When you file a personal injury claim, you could seek compensation for medical costs, such as an emergency room visit, surgery, ongoing doctor checkups, and physical therapy. If you missed time from work due to your injury-related treatment, you could pursue compensation for lost wages.

There are also non-economic damages that Target could compensate you for, such as emotional distress and loss of enjoyment of life. Meanwhile, your attorney could pursue punitive damages if your case involves gross negligence to hold the company or its employees responsible for your losses.

Target Slip-and-Fall Settlements

The Law Office of Jeffrey K. Kestenbaum helps injured people file claims against Target and pursue Target slip-and-fall settlements. Fighting a major corporation like Target can be challenging without experienced legal representation on your side. Fortunately, we’re here to help you gather all the relevant evidence, deal with the insurance companies, and stand up for your rights until justice is served.

We have extensive experience pursuing Target slip-and-fall settlements. We know what it takes to investigate Target injury cases, negotiate with insurance companies, and pursue maximum compensation to make things right. You can trust us to file a slip-and-fall claim against Target on your behalf and provide you with legal assistance every step of the way.

If you or someone you love has been hurt in a Target store, please contact us online or call us at 718-237-5586 for a free consultation.

A low angle close up shot, showing a dangerous and neglected sidewalk, even showing a steel support rod protruding through the concrete.

Sidewalk Safety: Who’s Responsible for Your Trip and Fall in NYC?


Posted on February 26, 2025 by

Slip and fall accidents are a leading cause of hospital emergency room visits, workers’ compensation claims, and accidental deaths in homes.

Sidewalks are among the most common places for trip-and-fall accidents, especially with our high pedestrian traffic in New York City. Sidewalks are designed to be safe places for people to walk, jog, take out their dogs, and push strollers. However, weather conditions, dangerous obstructions, and sidewalk damage can cause unsafe conditions, leading to injuries and lawsuits.

From the legal team at the Law Office of Jeffrey K. Kestenbaum, here’s a discussion of determining who is at fault for a sidewalk fall and sidewalk safety tips to protect yourself.

Causes of Sidewalk Trip-and Falls

During harsh and ever-changing New York weather, sidewalks often crack and create uneven surfaces. Rain, snow, and ice can cause potholes on sidewalks, where water pools and makes tripping hazards.

When it is raining, snowing, or icing, sidewalks become slippery and cause pedestrians to fall. Even on nice weather days, debris, such as kids’ toys, autumn leaves, and construction equipment, can create sidewalk hazards.

Proving Negligence in a Sidewalk Accident

Proving who’s at fault for a sidewalk accident is often complex and involves multiple parties. Local ordinances typically mandate that municipalities keep public sidewalks safe. However, there are also laws that make property owners responsible for sidewalks along their properties.

According to the New York City Administrative Code Sidewalk Rules, “It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.”

The NYC sidewalk code explains in Section 7-210 that the city is relieved of liability for any injury that anyone suffers on a sidewalk next to private property, with some exclusions.

Therefore, NYC homeowners and business owners are generally responsible for taking care of and paying for sidewalk maintenance in front of and abutting their properties. Meanwhile, the city may be responsible for sidewalks that do not adjoin private properties.

Sidewalk Safety Tips

As a pedestrian in New York City, it is crucial to be mindful of your surroundings to prevent sidewalk falls and the prolonged pain, suffering, and expense that they can cause.

Oftentimes, our clients aren’t to blame for their fall injuries because a property owner was at fault for poor sidewalk maintenance. But in other cases, plaintiffs share responsibility for their injuries because they were distracted, intoxicated, or otherwise irresponsible.

Here are some sidewalk safety tips to remember as you walk throughout our city on a daily basis:

  • Obey traffic signals and always use crosswalks
  • Avoid distractions like cell phones while walking
  • Make eye contact with drivers to ensure they see you walking
  • Wear light-colored and reflective materials when walking at night
  • Be alert about your surroundings, especially during adverse weather
  • Report sidewalk damage you see to property owners

Legal Help for Your Sidewalk Fall Case

Proving liability in a sidewalk trip-and-fall case involves showing that the responsible party was aware of a sidewalk hazard or that the damage or obstruction existed long enough that the party should have known about it. This information demonstrates whether a trip-and-fall accident was foreseeable and if the property owner could and should have warned people about the dangerous condition.

To navigate this complicated assessment, the Law Office of Jeffrey K. Kestenbaum provides personal injury representation to people who were injured on NYC sidewalks.

You can contact us day or night at 718-237-5586 for a free legal consultation about your sidewalk fall incident. We’ll walk you through the process of filing a claim and holding the responsible party accountable for your injuries and other damages.

Black male cyclist riding through Brooklyn, New York. He is wearing cycling gear, going for a training ride or commuting in style, on a sunny Autumn day.

Hit by a Car While on a Bike in Brooklyn?


Posted on January 10, 2025 by

Cycling is one of the best ways to get around New York City because of the exercise benefits, the ability to explore different neighborhoods, and reduced environmental impact. Approximately 28% of New Yorkers ride bikes, which means about 1.8 million people could be out riding at any given time.

However, despite NYC’s extensive bike infrastructure with hundreds of miles of dedicated and protected lanes, bike accidents are far too common. Bike fatalities have been on the rise lately, with many unfortunate and preventable injuries occurring throughout the boroughs.

If you were hit by a car on a bike in Brooklyn, here’s what you need to know to take care of yourself and protect your legal rights.

Common Causes to Be Hit by Car on Bike

Collisions between bikes and vehicles are among the most common reasons for bike accidents. Many of these accidents occur when cars and bikes must share lanes. Accidents also happen when cars make left turns in front of oncoming bikes and when drivers enter roads without seeing bikes in their path.

Cyclists may be hit by cars due to distracted or intoxicated driving, speeding, or failing to yield to bikes at intersections. However, cyclists can also be fully or partially to blame for their injuries if they aren’t paying attention to the road, not wearing helmets, or haven’t equipped themselves with reflective gear and lights.

Common bike accident injuries include bone fractures and traumatic brain injuries.

What to Do If You Get Hit by a Car on a Bike

The first thing to do after your bike is hit by a car is to prioritize your safety. If you are able, move off to the side of the road and call 911 for help.

While you wait for the police to arrive, exchange information with the driver of the vehicle and get yourself to a hospital or doctor as soon as possible. Essential details to collect at the accident scene include the vehicle’s license plate number, the driver’s insurance information, witness contact details, and photos of the scene and your injuries.

During these initial verbal exchanges, do not admit fault, even if you believe you could have been at least somewhat to blame for the incident. Discussions of fault can be left for later when an attorney reviews the police report, witness testimony, and medical records describing your injuries.

I Got Hit by a Car While on My Bike – What Do I Do?

Even though you may be in shock after being struck by a vehicle, it is crucial to keep your cool and not panic. It will only make the situation worse if you angrily yell at the driver or downplay your injuries just to avoid conflict.

In addition to taking the steps above after your accident, getting your bike checked out at a repair shop is vital. Since you’ll likely be shaken up and your bike potentially damaged, it is wise to get alternate transportation home rather than getting back on your bike to ride to your destination.

Legal Help After Being on a Bike Hit by Car

We hope that you now understand what to do if you get hit by a car on a bike in Brooklyn. Hurt cyclists in Brooklyn need the experienced legal expertise of a personal injury lawyer who understands the local laws and provides dedicated, aggressive representation to recover the best settlement possible in your case.

If you or someone you love has been hit by a car on a bike, please contact us for a free, no-obligation legal consultation. Day or night, we are here for you and just a call away at 718-237-5586 to help you return to everyday life after a bike accident.

Injured at Lowe’s? Here’s How to Handle a Slip-and-Fall Accident


Posted on December 13, 2024 by

Slip-and-Fall Accidents and Lowe’s

There are over 1,700 Lowe’s home improvement stores across the U.S. where you can shop for tools, appliances, lighting fixtures, and much more. Unfortunately, Lowe’s stores are also common places where injuries occur due to hazardous conditions.

If you are wondering how to file a lawsuit against Lowe’s, the Law Office of Jeffrey K. Kestenbaum can help. Here are the steps to follow after your accident and as you pursue a case against the corporation.

Common Causes of Injuries at Lowe’s

Many situations can lead to accidents and injuries in Lowe’s stores. People may slip and fall on wet floors or trip over merchandise left out to be stocked on shelves. Accidents can occur if employees operate forklifts or other heavy machinery around customers.

You could also be injured at Lowe’s due to poor lighting in the aisles, uneven floor mats that create tripping hazards, and spilled industrial cleaners on the floor. Even outside the store’s doors, poorly maintained parking lots can create dangerous conditions due to broken sidewalks and adverse weather conditions.

I Got Hurt at Lowe’s – What Should I Do Now?

If you ever find yourself saying, “I got hurt at Lowe’s,” and aren’t sure what to do next, the first thing to remember is to seek medical attention for your injuries. Even if your injuries seem minor, it is vital to see a doctor as soon as possible to care for your health and support your potential claim against the store.

Take photos and notes detailing the accident scene and collect any witnesses’ contact information. Inform the store manager about your accident and do not admit any fault. As soon as you are able, contact a personal injury attorney with experience in broken bones, concussions, nerve damage, and other slip-and-fall injuries.

How to File a Lawsuit Against Lowe’s

Lowe’s is responsible to you as a customer for maintaining safe stores and repairing hazards before people get hurt. When stores fail to care for their property, they can be found negligent in court.

To go up against a major corporation like Lowe’s, you need the expertise of a skilled lawyer who will handle the insurance companies and fight for your legal rights. Your attorney will gather evidence to support your claim, draft a legal complaint outlining the damages you suffered, and file the complaint with the court. From there, the legal process may involve:

  • Serving Lowe’s with a lawsuit.
  • Allowing time for the company to answer the complaint.
  • Engaging in the discovery process.
  • Attempting settlement negotiations.
  • Taking the case to trial.

Pursuing a Lowe’s Slip-and-Fall Settlement

Many people have successfully pursued a Lowe’s slip-and-fall settlement after being injured in a Lowe’s store due to the company’s negligence.

Depending on the circumstances of your accident, you may be able to sue Lowe’s for various economic damages, including medical expenses, lost wages, and rehabilitation costs. Although more challenging to quantify, you may also be entitled to non-economic damages, such as pain and suffering, loss of enjoyment of life, and emotional distress.

Consider Us for Your Lowe’s Lawsuit Attorney

At the Law Office of Jeffrey K. Kestenbaum, we know what it takes to win against major corporations like Lowe’s.

If you believe a Lowe’s store was at fault for your injuries after an accident, don’t hesitate to contact us online or at 718-237-5586. We offer free, no-risk case evaluations and will handle every aspect of your case so you can focus on rebuilding your health and feeling well again.

Can You Sue a Hotel for an Injury? Understanding Your Legal Options


Posted on November 18, 2024 by

No one likes the idea of getting hurt while enjoying vacation but slip and fall at hotel injuries are incredibly common. If you are involved in an accident at a hotel, you might wonder what your legal recourse is and how you can hold the hotel responsible for your injuries.

The Law Office of Jeffrey K. Kestenbaum is your local lawyer for hotel injuries in New York.

Common Causes of Slip and Falls at Hotels

Many potential hazards can affect you and your family while staying at a hotel. For example, wet and slippery floors can cause falls due to excess wax, spilled drinks in the lobby, damp pool areas, and rain and snow conditions tracked inside.

Other hotel slip-and-fall incidents occur due to poor lighting, uneven flooring, and cluttered walkways. You may sustain injuries in a hotel due to unsafe stairs, faulty elevators, or missing handrails. Poor hotel maintenance, lack of safety signage, and improperly stored cleaning equipment can also result in hotel injuries.

Consequences of Being Injured in a Hotel

An accident in a hotel can cause a person to suffer from broken bones, concussions, and back and spinal injuries. Bruises, sprains, dislocations, cuts, and burns are common in hotel accidents.

There are also psychological injuries that can result from getting hurt in a hotel, such as post-traumatic stress disorder, anxiety, and loss of enjoyment of daily activities.

Can You Sue a Hotel for Injury?

Hotels must ensure the safety of their guests, and they can face negligence and liability for injuries if they fail in this responsibility. Yes, you can sue a hotel for injury because hotels have a legal duty to keep their facilities and grounds well-maintained.

Many people successfully sue hotels for slip and fall accidents, injuries from poorly maintained facilities, security failures, swimming pool accidents, and hazards caused by construction and renovations. If you sustain injuries at a hotel, seek medical attention, document the accident scene, and report the incident to a hotel manager.

How to Pursue Hotel Injury Compensation

Like other personal property owners, hotels must meet premises liability standards. Guests can sue them for negligence, failing to repair or inspect the property, or failing to address a known hazard.

If you have a valid case against a hotel, you could receive compensation to help pay for your current and future medical bills, lost wages if your injuries caused you to miss work, and pain and suffering for your physical and emotional distress.

However, remember that a three-year statute of limitations will generally apply to hotel injury cases. Therefore, it is crucial to consult a hotel injury lawyer as soon as possible if you wish to pursue a case against the at-fault hotel.

Contact Us for a Hotel Injury Lawyer

At the Law Office of Jeffrey K. Kestenbaum, we know how to hold negligent hotels accountable for their actions and ensure justice is served to compensate you for your injuries.

Now is not the time to suffer in silence if you were injured in a hotel. We are here to guide you through the legal process with dedicated representation you can trust.

For your free hotel injury consultation, please call us 24/7 at 718-237-5586 or contact us online today.

Uber Accident Lawsuits: Can You Sue Uber for an Accident?


Posted on October 8, 2024 by

Uber Accident Claims and How an Uber Accident Lawyer Can Help

Rideshare services like Uber are incredibly popular in New York City, with hundreds of thousands of people taking rides every day. Ubers are a convenient and efficient way to get around the boroughs. However, Ubers are not immune to traffic accidents, and Uber accidents have become increasingly common as more rideshare vehicles hit the streets of NYC.

So, what happens if you are in an Uber car accident?

Here’s an overview of how to file an Uber accident lawsuit and hire an Uber accident lawyer to pursue your case.

Can You Sue Uber for an Accident?

Yes, you can sue Uber for an accident. However, the details of your Uber crash will dictate if you should sue the Uber company, your Uber driver, or another at-fault party.

If your Uber driver was on the clock and actively transporting a passenger at the time of an accident, then you should consider suing the Uber company for any injuries you suffered from the Uber car accident.

Uber’s insurance program requires Uber drivers to maintain auto liability insurance on their vehicles while driving for Uber. The coverage en route to pick up a customer and during a trip includes third-party liability, contingent comprehensive and collision, and uninsured/underinsured motorist bodily injury coverage. The third-party liability coverage can be very significant but varies by state and circumstance.

However, if you are in your own personal vehicle and hit by an Uber driver who was not carrying a customer or who was off the clock, it may be best to file a claim against that driver rather than the Uber company. The company typically denies claims against them if the Uber driver didn’t have a passenger when the accident occurred.

Key Considerations in Uber Accident Claims

As with all auto accidents, you must be able to prove fault in your Uber crash to hold the correct person or entity accountable for injuries and damages caused. You may also be injured in an Uber accident, but someone else besides your driver caused the accident.

Proving fault after an Uber accident can be complex, as the company is beyond capable of hiring aggressive defense attorneys to avoid responsibility and argue that an at-fault driver is not technically its employee. Uber classifies its drivers as independent contractors who operate independently while using the company’s technology platform.

Hire an Uber Accident Lawyer

Pursuing a case against a powerful, prominent company like Uber often requires expert legal arguments and extensive evidence. An Uber accident lawyer can help you navigate this process and understand Uber’s insurance policies as they relate to the circumstances of your Uber crash.

Remember that you are not alone if you are involved in an Uber accident. The Law Office of Jeffrey K. Kestenbaum is experienced with Uber accident claims, and we know what it takes to hold negligent parties accountable and bring them to justice.

But don’t delay seeking help because a statute of limitations of three years applies to Uber accident lawsuits in New York. Promptly seeking the advice of an Uber accident lawyer will ensure that the relevant evidence is still available, witness memories are still fresh, and filing deadlines are met so that you don’t miss out on your legal right to compensation.

For your free Uber crash consultation, please call us 24/7 at 718-237-5586 or contact us online.

Here’s What You Should Do After a Taxi Accident


Posted on September 17, 2024 by

Even in our modern times of rideshare services and mobile apps, taxi cabs are still a significant part of daily life in New York City. This iconic form of transportation is instantly recognizable as a symbol of the city and a common way to get around the boroughs.

But with all the traffic, long working hours, and frequent stops taxis must make, taxi cab accidents are more common than you might think. In a recent year, there were approximately 4,000 taxi accidents.

If you are involved in a taxi accident, here’s what you should do and how to find a taxi accident lawyer.

Gather All Relevant Information

If you were riding in a taxi cab at the time of the accident, you’re probably fairly certain that someone else besides you was to blame for the crash and any injuries you sustained. To prove your case against the at-fault party, collect information about your taxi driver, including the driver’s name, taxi cab company, license plate number, driver’s license number, and taxi registration company.

If you are able, also collect information about other involved parties at the crash site, using your camera phone to make this process easier if you are in shock or pain. Take photos of other involved drivers’ license plates, drivers’ licenses, vehicular damage, bodily injuries, and the accident scene.

If there were any witnesses to the accident, such as pedestrians or cyclists nearby, gather their names and contact information for future reference.

Call the Police

As with any auto accident, it is important to call the police after a tax cab accident.

Make sure to get a copy of the police report so that you have that available to file an insurance claim. Through your insurance claim or a lawsuit against a negligent driver, you may be entitled to taxi accident compensation.

See A Doctor

One of the most important things to do after a taxi accident is to go to an emergency room or a trusted doctor to have your injuries checked out. Even if you initially feel okay after your taxi crash, certain injuries, such as back pain, internal bleeding, and brain damage, may not start to be symptomatic until days or weeks after the crash.

Your Right to Taxi Accident Compensation  

Whether you were riding in the cab at the time of the accident or hit by a taxi cab while driving your own vehicle, you may be entitled to taxi accident compensation for your injuries, pain and suffering, and lost wages from missing work.

Yet suing a taxi company can be challenging based on whether they classify their drivers as independent contractors or employees of the company. This is where a taxi accident lawyer can step in to hold taxi companies and their drivers accountable for their actions. Your attorney will consider all possible economic and non-economic damages to fight for the largest recovery possible.

Call a Taxi Accident Lawyer

Jeffrey K. Kestenbaum is your local taxi accident lawyer available to help you navigate the legal process after a taxi cab crash. We will review all the details of your case, negotiate with the insurance companies to get you a fair settlement offer, or file a lawsuit to bring the at-fault party to justice if necessary.

For a free taxi cab accident consultation, please call our law office at 718-237-5586 or fill out our online form

Please keep our number handy for whenever you or someone you care about is involved in any vehicle accident, taxi cab-related or otherwise, and we will help you with experienced and dedicated representation.

 

red warning triangle by a car, indicating a breakdown or roadside emergency.

What to Do If You’re Involved in an Out-of-State Car Accident


Posted on August 27, 2024 by

Statistics show that most car accidents happen within 10 miles or less of your home. This phenomenon may be because we drive most often here and perhaps become more distracted and complacent about safe driving habits on familiar roads,

But if you’re away on a trip, you may also be prone to accidents due to overtired driving, getting lost, or looking up directions.

Here’s what you should do if you get into a car accident out of state and how to get the legal representation you need immediately.

Things to Do After Any Accident, Anywhere

Regardless of where your accident occurred, there are specific steps to take the best care of yourself, your vehicle, and any other parties involved.

Here’s a car accident checklist to remember so that you are prepared for whatever may happen on the road wherever you are:

  • Don’t panic
  • Don’t leave the scene
  • Assess your injuries and those of anyone else in your car
  • Move your vehicle to the side of the road if possible
  • Call the police
  • Exchange insurance information with the other driver(s)
  • Don’t admit fault, even if you believe you are to blame
  • Take photos and write down other information about the accident scene
  • Collect contact information from any witnesses
  • Contact your auto insurance company
  • Contact an auto accident lawyer

Know State-Specific Laws

If you get into an accident in a different state, you will be held to the laws of the state where it happened – not where you reside. Basic traffic laws vary from state to state on some issues, such as texting and driving and whether a first-time DUI offense is a misdemeanor or a felony.

Meanwhile, some states legally require drivers to shift lanes or slow down when approaching emergency vehicles with flashing lights. If you are relocating to a different state, be mindful of laws dictating how soon you must get a new driver’s license for that state as a new resident.

Understand State-Specific No-Fault Laws

A no-fault auto insurance law means a driver must file a claim with their own insurance company after an accident, no matter who was to blame. Personal injury protection coverage is required on auto insurance policies in no-fault states.

No-fault laws aim to keep small claims out of court and help reduce auto insurance costs. However, drivers can sue negligent parties in the state where the accident occurred for their injuries, pain, and suffering.

Twelve states have no-fault auto insurance laws: Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota, and Utah.

There are also three “choice no-fault” states (New Jersey, Pennsylvania, and Kentucky) where drivers can choose between a no-fault auto insurance or a traditional tort liability policy. In all other states, drivers have no lawsuit restrictions and can be sued by other drivers and their passengers for medical costs, pain, and suffering.

Legal Help for Out-of-State Accidents

Attorneys are licensed to practice in specific states, and it is generally advisable to hire an attorney licensed in the state where the accident happened. If you are an out-of-state resident who got into an accident in New York, please contact the Law Office of Jeffrey K. Kestenbaum for a free consultation.

If you are a New York resident involved in a crash somewhere else, you may also contact us at 718-237-5586, and we’ll help direct you to the resources you need. The sooner you talk to an attorney, the better to ensure that your statute of limitations to file a claim does not pass, leaving you without options to receive the compensation you deserve for damages.

Blue helmet with a bicycle and a white car in the background

How NYC Residents Are Making Streets Safer for Cyclists


Posted on January 23, 2023 by

If you have lived in a New York City neighborhood for a while, you are probably well aware of the dangerous intersections and when to avoid them. Certain intersections are prone to crashes because of high traffic, turn lane configurations, and the absence of bike lanes. Cyclists are often the victims of motor vehicle accidents, but local residents are speaking up, and bike lawyers are here to help make our streets safer for everyone.

An Example in Astoria

Perhaps you saw the tragic recent news story about 62-year-old Tamara Chuchi Kao, a cyclist who was fatally struck by a cement truck driver on 24th Avenue in western Queens. The truck driver was making a right turn from 24th Avenue to 29th Street, and Kao was the fourth cyclist to die in this dangerous thoroughfare in less than three years. Many more non-fatal crashes have occurred on 24th Avenue, causing injuries to cyclists, pedestrians, and drivers.

There are currently no bike lanes on either of the cross streets at the site of this crash. Most fatal cyclist accidents happen on streets that do not have designated lanes for lanes for cyclists.

Residents Respond to Bike Accidents

In response to this accident, activists with Families for Safe Streets have demanded safety improvements to local roadways. This group has pointed out that in the council district where the accident happened, not even 1.5 percent of the streets have protected cyclist paths. They are calling on the Department of Transportation to make the streets safer for cyclists, especially since long, big-rig trucks commonly travel down 24th Avenue and 29th Street for their business routes.

How a Bike Accident Lawyer Can Help

At the Law Office of Jeffrey K. Kestenbaum, we fight for the rights of cyclists who are injured on New York City streets. When you need a bike lawyer to assess your case and stand up to the insurance companies, we are here for you. Far too many car and bicycle accidents in Brooklyn leave innocent people with devastating injuries and mounting medical bills.

Bike accident lawyers help make NYC streets safer by bringing at-fault parties to justice for negligent driving and improperly maintained road conditions. We help our clients navigate the complex insurance and court processes to prove their cases and get them the compensation they need to pay medical bills and get back to normal life.

What You Can Do to Protect Cyclists

If you are interested in keeping cyclists safe in your NYC neighborhood, you can join a local coalition that reaches out to the appropriate city agencies. Local bike advocacy organizations can put you in touch with the right contacts and help you get involved with safety campaigns and community petition efforts.

For drivers, it is also a smart idea to familiarize yourself with bicycle rules of the road so that you understand how to safely navigate around bikes. When you are driving, always assume that a cyclist could be in your blind spot and use extra caution when making turns at notoriously dangerous intersections. Stay within the posted speed limit, yield to cyclists when turning, allow three feet when passing a bike, and look for possible cyclists before opening your car door when you park.

Together, we can make NYC a more bike-friendly city that respects the well-being of everyone on the road. If you have been involved in an accident involving a cyclist, contact us at 718-237-5586 for a free consultation.