Category Archives: Car Accident Attorney Brooklyn

How a Lower Blood Alcohol Limit Law Could Affect NYC Pedestrians

Posted on February 17, 2023 by Jeffrey K. Kestenbaum

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.

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.

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

Posted on August 5, 2020 by Jeffrey K. Kestenbaum

Thousands of automobile accidents occur every year in New York City, yet many drivers are convinced that it will never happen to them. Yet even the slightest incident of not paying attention or adverse weather conditions can cause devastating effects to an unsuspecting driver’s health, vehicle, and ability to live a normal life.

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

Posted on July 2, 2020 by Jeffrey K. Kestenbaum

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

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What Happens If You’re in an Uber Accident and How to Pursue a Rideshare Lawsuit

Posted on April 21, 2020 by Jeffrey K. Kestenbaum

Ridesharing is a popular way to get around New York City and often a safe, convenient, and accessible alternative to driving yourself or owning a car. However, Uber and Lyft rides are not immune to car accidents, which poses serious legal questions for rideshare passengers who are injured while using these services.

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Who Is at Fault in a T-bone Car Accident and How to Prove Your Case

Posted on March 31, 2020 by Jeffrey K. Kestenbaum

A side collision involving two automobiles is commonly referred to as a T-bone car accident, which is one of the most common types of auto accidents that we see here in Brooklyn. These accidents occur when the front end of one vehicle collides with the side of a second vehicle, and they usually happen at intersections.

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What to Do After a Car Accident Checklist: Your Guide to Being Prepared on the Road

Posted on February 20, 2020 by Jeffrey K. Kestenbaum

Getting into a car accident is one of the most stressful experiences a person can have, which is why it’s easy to become overwhelmed and panic after you’ve been hit. Chances are that you might not remember all of the helpful information you’ve read in advance about how to handle the situation in a moment of crisis, which is why it is beneficial to have a car accident checklist handy in your vehicle.

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How Does Car Insurance Work in an Accident and the Role of the Car Accident Lawyer

Posted on January 7, 2020 by Jeffrey K. Kestenbaum

No one likes to think about being involved in a car accident, but accidents can happen to even the safest and most attentive drivers. According to the New York City Police Department, the number of motor vehicle collisions citywide was at least 16,832 last year, and these collisions involved at least 33,343 motorists. For both minor and major accidents, it is very important to have car insurance to help pay for automobile damage and injuries.

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Understanding the Statute of Limitations for Car Accident Cases in New York

Posted on December 17, 2019 by Jeffrey K. Kestenbaum

Unlike serious criminal offenses, such as murder, statutes of limitations apply to most types of civil cases in the United States. For example, this is true for car accident cases, although the length of time a victim has to pursue legal action varies among states and jurisdictions.

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Car Accident Head Injury: Legal Options and Compensation

Posted on November 13, 2019 by Jeffrey K. Kestenbaum

Help for Head Injuries Caused by Car Accidents

An auto accident head injury can be one of the most terrifying and life-altering experiences a person can ever go through. Whether you have a mild concussion or a severe traumatic brain injury from a car accident, the physical symptoms are often compounded by emotional, financial, and legal challenges.

At the Law Office of Jeffrey K. Kestenbaum, we understand how devastating a brain injury after a car accident can be. We are here for you amidst all the challenges and will fight for your rights and explore all legal options for compensation.

Understanding the Auto Accident Head Injury

It’s alarming how common head and brain injuries are after automobile accidents in New York. Concussions frequently occur after accidents because the brain jolts or twists unnaturally within the skull. In severe car accident head injury cases, there may be bleeding inside a person’s brain or diffuse axonal injuries, where nerve fibers are torn and cause long-term damage.

Unsettlingly, the symptoms of a brain injury aren’t always obvious immediately after a car accident or in the days that follow. Victims may initially be in shock after an impact or even lose consciousness. Over time, headaches, dizziness, light sensitivity, mood changes, and memory issues can worsen. Therefore, early medical attention is critical – not only for your health – but also to preserve any evidence that links your injuries to a collision for legal purposes.

Why Legal Help Is Needed for a Car Accident Head Injury

Insurance companies are notorious for minimizing payouts for head injuries in car accident claims. But if you suffer a car accident head injury because of another driver’s negligence, such as speeding or distracted driving, you could be entitled to considerably more than basic medical coverage.

An experienced personal injury attorney, like Jeffrey K. Kestenbaum, can help you build a claim customized to your unique circumstances. We can assist you in establishing a case against an at-fault party to prove negligence and demonstrate that the other driver directly caused your injuries and other financial losses.

Compensation You May Be Entitled to for Brain Injury After a Car Accident

After a traumatic brain injury from a car accident, you could pursue a wide range of both economic and non-economic damages. Among these are the following:

Medical and rehabilitation costs, such as emergency care, CT scans, MRIs, surgery, hospitalization, and physical therapy
Lost income and future earnings, if your injury prevents you from working temporarily or permanently
Pain, suffering, and emotional distress, as non-economic damages, may compensate for the intangible impacts of your accident
Long-term care and home modifications, in severe cases, may be necessary if equipment and at-home care are essential to maintain your quality of life

How the Law Office of Jeffrey K. Kestenbaum Can Help

The Law Office of Jeffrey K. Kestenbaum has extensive experience handling auto accident cases that involve head and brain injuries of all types. We are committed to advocating for your rights and clearly explaining all your legal options so that we can pursue maximum compensation for your losses together.

If you or someone you love has experienced an auto accident head injury, please don’t feel like you have to navigate the complex legal system alone. We encourage you to contact us or call us at 718-237-5586, and let us help you understand your legal rights and options.