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Arguments in Slip and Fall Cases

A slip and fall can result in serious injury and in some instances victims even die. This is especially true when a fall causes brain injury. To pursue a slip and fall lawsuit, substantial damages must exist. In other words, a severe injury must have occurred in order to build a case. However, not every instance of severe injury provides a basis for legal action.

Why? The answer is: if the victim's own carelessness led to the fall, then there is no party to hold responsible for the injury. If evidence did not exist that showed the property owner was negligent, a victim could not hold the property owner accountable for damages.

Elements Necessary to Build a Case

Based on New York law, most property owners are liable if hazardous property conditions lead to a serious slip and fall injury. This holds true when the property owner knew about the hazard and failed to warn about it or repair it in a timely manner.

A common argument in a slip and fall case is that the victim's own carelessness caused the accident. Opposing counsel may allege that you weren't paying attention because you were talking on your phone. Another argument might be that the area was off-limits and visitors were not allowed there. Or, opposing counsel may argue that there was not enough time for a reasonable person to discover the hazard and repair it.

In New York, personal injury law is based on contributory negligence. Courts consider any lack of responsibility on the part of both plaintiff and defendant and assign a percentage of fault. For example, if the victim’s was assigned 20% fault and the property owner was assigned 80% fault, the victim could only recover 80% of the damages being sought in the lawsuit.

Time Limitations on Bringing A Case

Based on New York law, there are time limitations for filing a lawsuit for a slip and fall injury. You must file the lawsuit within three years of the date of the accident.

If you have been seriously injured and believe the property owner was at fault, you should consult with an experienced accident lawyer. You can discuss the prospects of pursuing a claim.

The MTA (Metropolitan Transportation Authority) is the pubic transit authority that owns and operates public bus transportation throughout the boroughs of New York City. The bus fleet consists of the MTA Bus and the New York City Transit, and it operates more than 5,000 buses that transport an average of 2.4 million passengers a day. It is the largest public bus authority in North America.

With this amount of bus traffic, bus accidents are a frequent occurrence.

Who can bring a claim against the MTA?

Anyone who has suffered serious injury and who can show that the injury was caused by the MTA’s negligence can bring a claim. Injured parties could be passengers, pedestrians, bicyclists or drivers or passengers in a vehicle that was hit by an MTA bus.

What time limitations exist for filing a claim?

Your attorney must file a notice of claim within 90 days of the date that the serious injury occurred. A notice of claim notifies the agency (public corporation, in this case the MTA) that you are suing it for damages.

After filing the notice of claim, the city has 30 days to review your claim and can offer to settle out of court. When the 30-day waiting period is over, your attorney can commence legal actions for the lawsuit. The lawsuit must be started within one year and 90 days of the date of the loss, damage or injury.

Due to the time constraints for filing a notice of claim, it is wise to consult with an attorney as soon as possible after your accident.

What happens if you fail to file the notice of claim within time?

If you fail to file a notice of claim within 90 days, a special proceeding must be commenced in the Supreme Court. However, it is not within your best interests to delay and it is highly possible you may lose the right to pursue a lawsuit. Exceptions are when the court decides the delay was justified. However, a factor that the court also considers is whether the delay has prejudiced the agency in maintaining a defense on the merits.

When to Seek Legal Help

You are advised to seek legal help immediately. Filing court documents are best left in the hands of competent and experienced attorneys. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss your bus accident and evaluate the prospects of representing you in a case.

In December 2015, there were 38,000 hit and run accidents in New York City, according to a NYPD official who testified before the City Council. While the greater majority of accidents involved only property damage, there were 4,000 accidents where drivers left the scene after someone suffered injury, and 48 of those accidents involved serious injury or death. In these latter accidents, the NYPD’s crash investigation squad was alerted to investigate the accidents.

(Source: Politico New York)

Hit and Run Accidents Remain a Serious Problem

Fast-forward to 2018 to a citylimits.org article written in February that indicated Vision Zero is reducing accidents through lower speed limits, safer street designs and greater law enforcement. However, hit and run accidents are on the rise with a 26 percent increase from 36,000 incidents in 2013 to 46,000 incidents in 2017, based on NYPD statistics. More than 5,000 of the 2017 incidents resulted in injury, and 52 people died. Very few of the accidents resulted in arrests.

What Should You Do if You Are the Victim of a Hit and Run Accident?

You should document as much of the incident as you possibly can. Actions you should take if you are involved in a hit and run accident, include:

Your accident lawyer will be able to gather statements from witnesses, analyze evidence from the accident and the firm’s investigative team may be able to track down the hit and run driver.

At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss your hit and run accident and evaluate your potential case.

 

 

If you are involved in a New York car accident, it is important to understand what New York State law requires you to do.

According to the New York Department of Motor Vehicles, the following are some actions you must take:

When in a Car Accident, Stop and Exchange Information

You must stop and exchange information with the other drivers involved in the accident.

Seek Medical Attention

If you or anyone else is seriously injured, call 911 and seek medical attention right away. Keep records of medical treatment that you have received.

Take Pictures of the Accident Scene

If you are able to take pictures of the accident scene, do so. Many people have cameras on their mobile phones. Take pictures of the vehicle damage, skid marks or other details that could provide relevant evidence in your accident case.

Talk to Witnesses

Get the names and contact information from any witnesses who saw the accident.

File a Report with Your Insurance Company

Let your insurance company know that you were involved in the accident and how it occurred. Be honest in your description of what happened.

If You Suffered Significant Injury, Contact a Lawyer and Limit Your Discussion About the Accident

You should only discuss the accident with your lawyer, the police and your insurance company. Do not discuss the accident with other drivers’ insurance companies or other parties unless your attorney advises you to do so.

At Sackstein Sackstein & Lee, LLP we have decades of experience and focus our practice primarily on personal injury cases.

 

Today, videos of traffic accidents are fairly commonplace. We live in an age where people can easily use their mobile phones to capture incidents live on video. On occasion, these incidents go viral when posted on YouTube. They can also take pictures of their cars immediately after an accident, which documents the damages caused by a crash. Whenever possible, taking pictures is advisable to do and can help preserve evidence for your accident case.

Recent Time Square Traffic Incident

Recently, an interesting incident captured on video at Times Square was one where a policeman tried to stop a reckless driver, and the driver knocked him down while speeding away.

Here are two articles, both published by the NY Post:

One New York Post article entitled ”Disturbing footage shows moment car hits cop in Times Square”  shows the video and the article explains how the reckless driver refused to stay stopped and drives forward into the policeman, causing him to fall.

Another New York Post article about the same incident, entitled “Witness blames cop for being hit by driver in Times Square” describes the perspective of the man who took the video. His opinion was the driver speeded away because the policeman pulled his gun on the driver, and he held the cop at fault.

What really happened? You can watch the video yourself and arrive at your own conclusion.

When incidents occur, often witnesses have different perspectives. Two people can see the same incident and have entirely different descriptions as to what occurred and who was at fault.

This fact speaks to court cases where opposing counsels argue two different sides of the same case. It is up to the judge or jury to render a decision, and we all know that judges and juries differ in their outlooks, which can result in very different outcomes for similar types of cases.

Were You Involved in a Serious Accident?

There is no substitute for having an experienced accident lawyer to represent your interests in an accident case. Judges and juries rely on case laws that set precedents for rendering verdicts, and a skilled attorney can devise strategies and frame arguments that help you win a verdict or settle your case.

Our Sackstein Sackstein & Lee, LLP  attorneys have decades of experience and an excellent track record of establishing liability and helping clients recover compensation.

Union Square Pedestrian Accident

Mid-November, the driver of a Jeep Renegade who was speeding near Union Square, made an illegal left turn onto Square East and hit a pedestrian who was standing in the cross-walk. He ran over him with the vehicle’s rear wheels. The accident was a hit-and-run accident but was caught on video. The driver stopped and then drove off.

The New York Post  reported that the injured pedestrian was a Brooklyn man named Adrian Blanc, age 24. The accident occurred around midnight and Blanc was rushed to Bellevue Hospital. He was in critical condition but died as a result of his injuries. The police are still investigating and searching for the driver of the Jeep Renegade.

Linden, NJ Pedestrian Accidents

NY CBS Local reported that early Friday morning on December 1, a New York City woman was killed and her companion was injured when a car struck them while they were in a crosswalk in Linden, NJ. The woman, age 44 died at the scene, and her 54- year old companion was taken to University Hospital in Newark. He had serious injuries. A few weeks ago, the couple had moved to Linden from Long Island City, Queens. The driver remained at the accident scene and cooperated with the police. People who witnessed the accident from a gas station said they thought the car was speeding. However, police have not confirmed that speed was a factor in the fatal crash and have not charged the driver.

This accident happened two blocks from another pedestrian accident, which took place on Thanksgiving morning. However, the driver who struck the pedestrian in this accident was intoxicated.

This particular area has been the scene for a number of pedestrian accidents. According to a local businessman, during the summer, another woman was killed on the same road. The road is well known by locals for speeding cars and heavy traffic during morning business hours.

Seek Legal Help for Serious Injuries or Death Caused by Drivers

When pedestrians die in fatal car crashes, it is often the driver’s fault. If you’ve lost a loved one in a deadly crash, consult with an attorney to find out about your legal rights. We are often able to recover compensation for medical and other accident related damages.

Sackstein Sackstein & Lee, LLP focuses its practice primarily on personal injury cases.

The loud crash of scaffolding collapsing on Sunday, November 19 brought New Yorkers running to the accident scene. Gone are the days of New York passers-by standing distant and watching. Many pitched in to help.

According to the New York Post, dozens of people rushed to help people trapped underneath the fallen scaffolding.

The accident took place at the Prince and Broadway. People pulled the scattered boards of scaffolding, lifted long beams and metal sheets and freed one woman within minutes. According to one witness, she appeared to have a head injury and injured leg. A total of five people suffered injury, two pedestrians were trapped under the debris and three were hit by it.

A strong gust of wind shook and blew over the shed holding up the scaffolding and brought it tumbling down. The shed was high, about 20 feet tall. The wind caught hold of the exterior plywood panels, which billowed like a sail and blew the shed over.

FDNY Deputy Chief Joseph Lonino said there were a total of five injuries and they were all minor.

One man noticed the shed was rickety and took a picture of it to send to his boss. Fortunately for him, he walked away from it about 20 minutes before the scaffolding fell.

High Winds

Other wind damage accidents also occurred on Sunday, which included a huge tree falling onto the roof of a car in Midwood. In the Bronx, a tree blew over and crashed into some parked cars. A meteorologist clocked winds between 40 and 50 miles per hour and stated that they were strong gusts.

For Serious Accidents Seek Legal Help

Experienced personal injury lawyers can determine whether liability exists in any accident and it is worth your while to check, especially when injuries are serious. In this instance, lawyers can determine whether the construction company bears liability for the scaffolding collapse. If the shed and scaffolding failed to meet NY scaffolding law standards, they may be responsible for damages despite the high winds.

Sackstein Sackstein & Lee, LLP offers a free consultation to discuss your accident and determine whether you have grounds for pursuing compensation.

Around 4:15 a.m. on Saturday October 21, a three-car crash took place on the westbound Cross Bronx between Third Avenue and the Bronx River Parkway when a teen driver lost control of his vehicle.

Various news outlets reported about the accident, including ABC 7 , which described the teen driver speeding and weaving through traffic until he reached a halt in traffic and was unable to stop. Teen driver, Carlos Pereyra Batista struck the rear end of a tractor-trailer and then Batista’s 2002 Honda Accord smashed into a guardrail, bounced off it and collided into a Toyota RAV4 before rolling to a stop in the westbound lane. Eighteen-year-old Batista died at the scene of the crash. His 17-year-old male passenger was in critical condition and emergency personnel transported him to St. Barnabas Hospital. He was upgraded to stable condition and expected to survive.

The tractor-trailer driver, a 66 year-old-man was not injured and neither was the 29-year-old man driving the Toyota. They remained at the accident scene until police arrived.

It is a tremendous tragedy when a teenager dies in a car crash. You think the young person has his whole life ahead of him and then within moments he is gone. Such tragedies are felt deeply and especially by the families. The NY Daily News reported that Batista’s family ran a Dominican food stand in Mott Haven and he was often there helping them. The family was devastated when they arrived at the accident scene.

As of October 19, traffic accidents have claimed the lives of 23 drivers in 2017, which is a 12 percent decrease from 2016, when 26 drivers died in car crashes.

Teens and Teen Driver Car Accidents

Teenagers are more at risk for dying in car accidents than from any other cause of death. The 16-19 year old age group is about three times more likely to be in a fatal crash than drivers who are 20 years and older.

For Serious and Fatal Car Crashes Seek Legal Help

When someone else is a fault in a serious injury or fatal accident, you have the legal right to pursue compensation for damages. Sackstein Sackstein & Lee, LLP offers a free consultation to discuss your accident and determine whether you have grounds for pursuing compensation.


The National Transportation Safety Board (NTSB) investigated the Tesla fatal car crash that occurred in May of 2016. The Tesla semi-automated car driven by Joshua Brown crashed into a tractor-trailer and hit it broadside as the trailer made a left turn. More than a year later after the crash, in September 2017, the NTSB stated that Tesla should have had more operation limitations on drivers of semi-automatic cars.

Facts About the Tesla Fata Car Crash

The New York Post reported that the accident occurred in Williston, Florida (southwest of Gainesville) at an intersection. Joshua Brown had set the cruise control for 74 mph two minutes before the crash occurred. The speed limit was 65 mph and neither the driver nor the autopilot sensors noticed the tractor-trailer and consequently neither applied the brakes. An under-ride accident occurred with the car passing under the trailer.

Tesla’s Response to the Accident

In June 2016, Tesla said that Autopilot “is not perfect and still requires the driver to remain alert.”

Brown’s family released a state in September that stated, “We heard numerous times that the car killed our son. That is simply not the case,” the family’s statement said. “There was a small window of time when neither Joshua nor the Tesla features noticed the truck making the left-hand turn in front of the car.”

The statement went on to say, “People die every day in car accidents. Change always comes with risks, and zero tolerance for deaths would totally stop innovation and improvements.”

The family’s lawyer and spokesperson for Tesla declined to answer whether Tesla and the family had reached a legal settlement.

NTSB Holds Tesla Accountable

Certainly the truck driver and car driver had responsibility in not noticing each other’s vehicles. However, the NTSB also holds Tesla accountable. The Board believes the car needs safeguards such as the following:

Semi-automatic cars are the bridge between driver controlled cars and completely automated cars. Accidents can occur until the correct balance is achieved and automation changes can actually prevent human errors.

Sackstein Sackstein & Lee, LLP focuses its practice primarily on personal injury cases.

 

 

 

On April 23 at 4:25 a.m., a 33-year old Long Island woman hit a 44-year old man as he crossed Suffolk Avenue close to Applegate Drive in Central Islip. Pedestrian Jose Lino Martinez was taken to Southside Hospital in Bay Shore where doctors pronounced his death.

CBS New York reported that according to the Suffolk County police, driver Vierka Batista-Coronado allegedly struck the pedestrian and fled the accident scene. She currently faces charges of leaving the scene of an accident that resulted in death, which is a class D felony.

Pedestrian Accidents in New York City

Metro areas are often dangerous places for pedestrians. However, a report released by Next City in 2017 indicates New York City is now one of the safest metro areas for pedestrians in the country. It ranked 95th out of 104 metro regions.

Even so, it pays to take precautions. A NYC pedestrian safety study released by NYC DOT (Department of Transportation) stated:

Compared with the other boroughs, Manhattan has four times as many pedestrians killed or severely injured per mile of street.

Of pedestrians killed in Manhattan, 43% lived in other boroughs or outside NYC.

After a Serious Accident or Fatality, Contact an Accident Lawyer As Soon As Possible

Protecting your legal rights is vital when you suffer injury or a loved one dies in a pedestrian accident. For more than 65 years, Sackstein Sackstein & Lee, LLP has successfully handled accident cases and we know how to protect your rights and help you seek compensation.

 

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