Category Archives: Car Accident Attorney Brooklyn

Settle a Car Accident Claim

How to Settle Your New York Car Accident Claim


Posted on March 31, 2016 by

Almost 300,000  car crashes were reported in New York in 2014, according to the state’s Department of Motor Vehicles website. Of those, more than 118,000 resulted in non-fatal injuries and over 180,000 caused property damage. New York drivers and passengers alike who have been involved in a car accident should learn about the state’s laws and insurance requirements because they affect property damage and injury claims that can be made and, should it come to litigation, settlement negotiations.

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Motorcycle Accident Causes & Legal Advice


Posted on March 21, 2016 by

Aerial view of motorcycles and cars driving.

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 MedHelp.org, 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.

Manhattan On-the-Job Driver Injuries – Who is Responsible?


Posted on February 25, 2016 by

Black car crashed into the back of a gray car. According to the New York’s Department of Motor Vehicles (NY DMV), in 2014 as many as 299,452 car accidents occurred in New York state. Approximately 118, 465 of these accidents resulted in injuries, 966 crashes had fatalities, and 180,021 ended in property damage only. With ride-share services such as Uber popping up all over the country, and Manhattan being no exception, on-the-job driver injuries are not uncommon. Accidents involving company cars, trucks and other vehicles – as well as private vehicles being used for job-related purposes – can raise various legal issues as to who is held liable for injuries.

For this reason, it is important to understand who is responsible for damages if you or someone you know has suffered an on-the-job injury. Contact an experienced Brooklyn car accident attorney right away to understand your rights and obligations under the law.

Respondeat Superior

Respondeat superior is a legal term that describes the relationship between employers and their company car driving employees. Latin for “let the master answer”,  this term means an employer is legally responsible for its employee’s actions while that employee is acting within the scope of his or her employment. Responsibility of an employer includes paying for property damage and injuries caused by an employee while driving a company car.

Company Vehicle versus Personal Vehicle

When an employee is driving a company car, truck or other motorized vehicle more often than not he or she is acting within the scope of his or her employment and respondeat superior applies. On the other hand, if you are involved in a car accident with your personal vehicle, whether or not vicarious liability (i.e. employer responsibility) may or may not apply depending on the circumstances. Specifically, for vicarious liability to go into effect, the following must be established:

  • The employee was acting within his or her scope of employment;
  • The employee’s actions were done on the job;
  • The employee was doing an activity the employer hired him or her to do; and
  • The employer benefited from the activity the employee was doing at the time of the collision.

Put differently, if the accident was caused while the employee was on his or her way to do a service the employer hired the individual to perform, then the employer may also be held liable for the crash. If the accident was caused while the employee was running a personal errand, however, then the employer will not be held responsible for the crash.

Should an employee’s negligence cause another person’s injury or property damage, both the employee and the employer may be held liable (i.e. responsible for paying damages). A third party may include drivers of other cars, passengers in the other car or the company car, as well as bystanders. Generally, an employer’s liability insurance protects the employee by taking responsibility for liability and legal fees (known as “indemnification”) so that the employee will not be held personally liable. Damages involved may include medical bills, out-of-pocket expenses, pain and suffering, as well as lost wages.

An exception to indemnification is when the employee is committing a crime while driving a company vehicle. Should the car accident involve a criminal action, an employer has the right to refuse to indemnify the employee from third-party legal actions.

Brooklyn Car Accident Attorney

Determining whether or not an accident occurred during the scope of employment is a fact-specific inquiry that should be left to a knowledgeable legal professional. An experienced and aggressive car accident attorney can put forth a compelling case to be presented during settlement negotiations or at trial, in order to maximize the damages available. Contact the Law Office of Jeffrey K. Kestenbaum today at (718) 237-5586 for your free, initial case evaluation.