Category Archives: Car Accident Attorney Brooklyn

yellow caution tape with a Brooklyn street background

How to Handle Pedestrian Car Accidents in Brooklyn

Posted on August 21, 2019 by

Brooklyn is one of the most walkable places in America, which is great for running errands and commuting to work without the hassle of having a car in the city. However, pedestrians face significant dangers while walking around our borough due to the negligence of drivers who are distracted, reckless, or simply make a mistake.

This article will discuss the common occurrence of a pedestrian hit by a car in Brooklyn and how to handle this situation if it happens to you.

Pedestrian Hit by Car Statistics

Pedestrian injuries and deaths are on the rise in Brooklyn and throughout New York City. From the start of the year through August 8, we’ve had 67 pedestrian deaths, which is a 15.5 percent increase from 58 during this same period of time last year. One particularly troubling part of Brooklyn for pedestrians is the Brownsville neighborhood. This neighborhood has seen at least 154 crashes that have injured 12 pedestrians since July 2018.

Another big problem area is around Church Avenue and Ocean Parkway, which is a pedestrian-heavy area where cars are accessing the Prospect Expressway. At least 102 people have been seriously hurt at the Church and Expressway intersection over the past five years. New York roadways have also been very deadly places for cyclists and other drivers this year.

What to Do Immediately After You’ve Been Hit

Understandably, pedestrians are caught off-guard when a fast-moving car comes veering at them, which causes many victims to go into a state of shock. Therefore, it is a good idea to familiarize yourself now with the steps to do after you’ve been hit in case this should ever happen to you in the future.

Your health is the most important thing after you’ve been hit by a car, so seeking immediate medical attention should be your top priority. Document your injuries as soon as you are able in order to establish a record of what body parts were affected.

It is also important to call the police right away, even if your injuries initially seem minor. This is because you may still be in shock from the impact or not thinking clearly, and then injury symptoms worsen over time. While waiting for the police to arrive, do not discuss who was at fault with the driver or the driver’s insurance company. However, you will want to contact your own insurance company and a local pedestrian injury attorney to protect your rights and file a claim.

Making a Claim Against the Driver

In many situations, Brooklyn pedestrians have great cases against drivers who hit them, so these are cases worth pursuing. A driver is almost always found to be at fault for hitting a pedestrian in a crosswalk or who had a walk signal while crossing a road. However, liability may fall with the pedestrian if the pedestrian was jaywalking or running across the road to beat traffic.

In addition to making a claim against the driver, it is also possible for an injured pedestrian to pursue legal action against the city because of a broken traffic light, missing stop sign, or other unsafe road condition under the city’s control that may have contributed to the accident.

Who Should Pay Your Medical Bills?

The human body is no match for a moving vehicle, which is why any pedestrian is fortunate to survive being hit by a car. Some of the most common injures that pedestrians experience are concussions, hemorrhages, scalp lacerations, contusions, spinal cord injuries, and broken bones. All these injuries are very costly to seek medical treatment for, which is why you need a pedestrian accident attorney to pursue the driver’s insurance company for damages.

New York is a “no fault” state for auto insurance, which means the driver’s auto insurance company will likely pay some or all the injured pedestrian’s medical bills. “No fault” standards generally ensure that an insured person is reimbursed by his/her insurance company for damages no matter who was at fault for the accident. However, you may need to file a claim within 30 days from the accident to receive these benefits.

Brooklyn Legal Help for Pedestrian Car Accidents

Jeffrey K. Kestenbaum is an experienced in pedestrian hit by car accident cases in Brooklyn. Our law office has helped many pedestrians pursue cases against drivers and receive the compensation they deserve to help cover their medical bills, pain and suffering, and lost wages from missing work.

If you’ve been hit by a car, call our office today at 718-237-5586 and we will schedule your free consultation. Being struck as a pedestrian is a traumatic experience, so let us fight for you and make Brooklyn a safer place to walk and live.

taxi cab speeding over the brooklyn bridge

What to Do After Being Injured in a Taxi Accident

Posted on July 31, 2019 by

Taxi cabs are deeply ingrained into New York City culture and a convenient way to get around without having to deal with traffic and parking. However, taxis are certainly not immune to roadway accidents, which often catch both passengers and pedestrians off-guard.

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Drunk driving accident victim photographing their car

Hire an Attorney After Drunk Driving Accidents

Posted on June 20, 2019 by

Drunk driving is far too common in our society and results in devastating injuries, property damage, and even death in Brooklyn. Since the injuries from drunk driving accidents are often severe and because determining liability can be a complex endeavor, it is important to call a drunk driving accident attorney if you’ve been affected by a drunk driver’s negligence.

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Determining Fault in Chain Reaction Accident Involving Multiple Cars

Posted on April 25, 2019 by

The number of citywide motor vehicle collisions in New York has been around 16,000 per month lately, leaving thousands of motorists, cyclists, and pedestrians injured and killed. Many of these accidents involve just one or two cars, while others are the result of chain reaction accidents. These types of accidents involve three or more cars and create complex circumstances for determining fault and pursuing damages.

This article will explore what causes rear-end collisions and the process of determining who is at fault in a rear-end collision involving 3 cars or more.

What Causes Rear-End Collisions?

It is estimated that rear-end collisions make up about one-third of all automobile accidents, and these types of accidents can result in serious injuries even if it only appears to be a “fender-bender” at first. Rear-end collisions are often caused when the driver in front brakes very suddenly and doesn’t give the following car enough time to brake.

These collisions also result when a driver is following another car too closely and cannot stop in a reasonable amount of time. Heavy traffic, road rage, and driving under the influence of drugs, alcohol, or fatigue are all factors that lead to rear-end collisions and pile-ups of three or more cars.

Common Chain Reaction Accident Scenarios

One common scenario that we see far too often here in Brooklyn is when a driver is following another car too closely and can’t stop in time, thereby slamming into the first car and subsequently being hit by a third car from behind. Chain reaction accidents are common when a driver loses control before rear-ending another car or is pushed into another car from behind. A chain reaction can also occur if a driver rear-ends the preceding car and pushes that car into the middle of an intersection and in the way of oncoming traffic.

Who Is at Fault in a Rear-End Collision Involving 3 Cars?

One of the trickiest things about rear-end collisions involving three or more cars is determining fault and pursuing a liability claim. Making this determination involves finding out which driver was negligent because of carelessness or recklessness. But in some instances, more than one driver was negligent, and then it is a matter of dividing up each driver’s share of liability.

Something important to consider is what constitutes a safe following distance that allows enough room for a driver to stop safely. If it is determined that a driver was not maintaining a safe following distance, that driver will almost always be found at fault. In a three-car pile-up, a careless driver who rear-ends a car and pushes that car out into traffic at an intersection could be held liable for damages for all of the cars involved. If after a two-car rear-ending accident, a third car is unable to stop and crashes into the accident, the driver of the third car could be held liable for the initial victim’s injuries as well.

In court, a judge or jury will assign fault to each responsible defendant or perhaps even find that the plaintiff was partially negligent too. In New York, plaintiffs can recover personal injury damages even if they are partially responsible for multi-car accidents. However, their recovery amount will be proportionally lower based on the percentage they are found to be at fault.

How a Brooklyn Auto Accident Lawyer Can Help

As you can see, determining fault in a multi-car pile-up can be a complex matter, which is why it’s good to know an experienced auto accident attorney if it should ever happen to you. The Law Office of Jeffrey K. Kestenbaum has worked on many rear-end collision accidents involving three or more vehicles, and we know what it takes to find out who’s at fault in these situations and get you the compensation you deserve.

If you are involved in a chain reaction accident, police reports, eyewitness accounts, on-scene evidence, and proof of vehicular damage can help us pursue your case. We’ll obtain the relevant evidence, explain the next steps to you as your case moves through the legal process, and fight for you every step of the way. Regardless of the circumstances, it is in your best interest to seek professional help if your multi-car accident involves significant injuries or if someone is trying to place the blame on you.

Contact us day or night at 718-237-5586 or send us a message to discuss your rights and get a free consultation with one of our attorneys.

Left Turn Traffic Light in NYC

Left Turn Car Accidents: Causes, Injuries, and Negligence

Posted on February 28, 2019 by

According to a study developed by the New York City Department of Transportation, left turns cause over three times as many pedestrian and cyclist serious injuries and fatalities than right turns do. Furthermore, NYC City Hall reported that between 46 and 56 pedestrians and cyclists died and between 5,577 and 5,928 pedestrians and cyclists were injured in a recent five-month period due to New York City traffic.

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Commercial Semi Truck Accident Patterns

Posted on January 20, 2019 by

Commercial trucks are vital to the New York City economy. Yet driving a semi-truck around the five boroughs is not easy. Semi-trucks operate much differently than the average family sedan in terms of how they brake, steer, and create dangerous blind spots. All of these factors can lead to a New York truck accident. In fact, New York is one of the top ten states for the highest average of fatal large truck and bus crashes.

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Victim of car accident takes photos of the damages

Information to Collect After a Car Accident

Posted on October 31, 2018 by

After a car accident, you will likely be frightened. You may be suffering from injuries. Your car may be totaled. You may have a million things running through your mind. One thing you should be thinking about is the proper steps to take following an accident. You cannot simply leave the accident scene and move on with your life. You need to get some information, and the more, the better.

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Watch for turning vehicles sign

NYC Bicycle Safety Tips for 2018

Posted on April 19, 2018 by

Riding a bike through the countryside doesn’t quite prepare you for the challenges you will face if you ever decide to bike through the concrete jungle of New York City. Driving in such a busy city can be challenging enough; riding a bike can be absolutely terrifying.

With so many cars and pedestrians, dangers abound everywhere. One wrong move can lead to a collision with a car that can cause serious injuries and even death.

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