Tag Archives: Brooklyn auto accident lawyer

New York City Crosswalk

Protecting yourself from Hit and Run Injuries

Posted on January 30, 2017 by

In January 2017, New York City saw several hit and run fatalities. These included a pedestrian who was killed by an unknown motorist in Springfield Gardens in the early hours of New Year’s Day and multiple cases from Brooklyn, including the cases of Rafael Nieves of Williamsburg, Iosif Plazinskiy of Brighton Beach, and Marlon Palacios, the third of whom was struck and killed when he was traveling through East Flatbush to pick up his son from daycare.

Hit and run accidents, like other types of car accident, can result in serious injuries and even death for victims. If you were involved in a hit and run accident, speak with an experienced personal injury lawyer about your rights and options for seeking compensation for your damages as soon as possible.

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New York City Car Accident Statistics

Posted on March 8, 2016 by

new york car accident statisticsIt is not surprising that New York is one of the most dangerous places to drive in America, according to a New York Post article. In 2015, New York law enforcement dedicated close to 2,000 officers whose sole purpose was to crack down on dangerous driving. At least 12,000 hours each day was focused on targeting drivers who engage in distracted driving, speed, fail to yield, and park in traffic lanes, among other violations.  The New York post is not alone. In its 2015 study of America’s Safest Drivers, Allstate ranked New York City as the 151st safest city to drive in.

By the Numbers

Each year, an average of approximately 1,464 people die as a result of car accident-related injuries in New York, according to the state’s Department of Health. This results in the death of more than 7 out of every 100,000 New Yorkers.  Male New Yorkers have a higher risk of dying in a car accident than females, especially if they are between the ages of 20 to 24 or age 65 and older.

An average of 150,000 emergency room visits were required in New York due to injuries resulting from a car accident, most of which were females. More than 15,000 victims required hospitalization because of car accident-related injuries. This translates to more than 80 out of every 100,000 New Yorkers. Again, males ages 15 to 19 and 20 to 24 are at a higher risk of injury and hospitalization than their same-aged female counterparts or older males.

Although New York City drivers compare better than drivers in Philadelphia and Los Angeles when it comes to safe driving, they are more dangerous than those behind the wheel in several other cities, including Chicago, Dallas, San Diego and Phoenix, to name a few. If you take a closer look at New York state specifically, drivers are twice as likely to be involved and killed in an auto accident in an urban area than a suburban one. In 2014, there were as many as 649 car-related deaths in metropolitan New York as opposed to 38 in more rural parts of the state according to data compiled by the Insurance Institute for Highway Safety. New York city drivers are 30 percent more likely than the national average to be involved in a car crash.

Brooklyn Auto Injury Attorney

Accidents occur to millions on America’s roads each day. New York’s roads are no exception. Car accident cases can be complex. Sometimes liability is not always clear. If you or someone you know has been injured in an auto accident because of the negligence of another an skilled attorney should be contacted immediately. The legal professionals at the Law Office of Jeffrey K. Kestenbaum serve all five boroughs and handle many different types of personal injury. Click here or call (718) 237-5586 today to schedule your case evaluation.

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

Posted on February 25, 2016 by

on the job driver injuryAccording 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.

Brooklyn Car Crash Critically Injures Two Men, Three Others Injured

Posted on November 6, 2014 by

Brooklyn car accident attorney

Brooklyn Car Accident

An automobile accident and the events following the accident can be a frightening and difficult situation for you and your family members. These accidents can cause catastrophic injuries that can permanently change your life. It is therefore important to have a dedicated auto accident attorney who will be there to protect your rights and to help you through this difficult situation. Jeffrey K. Kestenbaum, an experienced Brooklyn auto accident attorney, will fight for your rights to make sure that you and your family recover damages for injuries suffered in a car accident.

Automobile accidents unfortunately occur far too often, especially in New York City and the surrounding boroughs because of the number of people and cars on the road. Automobile accidents are often caused by another driver’s negligence or reckless conduct, often by speeding or by not paying attention to the road. While you can take certain precautions to minimize the risk of car accidents, you cannot entirely eliminate the dangers posed by other drivers who fail to obey the rules of the road.

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