NEW YORK — A Thursday morning elevator accident in the Kips Bay neighborhood of Manhattan killed Samuel Waisbren, 30, and sparked calls for better elevator safety and maintenance.
According to WABC-TV, firefighters responded to a Kips Bay apartment building at 3rd Ave and East 25th Street around 8:30 Thursday morning. Firefighters said Samuel Waisbren was exiting the apartment building’s elevator when it suddenly dropped, crushing the occupant.
Two other occupants had already left the elevator when it malfunctioned, trapping Samuel Waisbren between the elevator car and the wall inside the elevator shaft. Police say the incident was captured on surveillance video.
The Department of Buildings is also investigating the malfunction.
What Causes An Elevator Malfunction in Manhattan
Elevator malfunctions are not uncommon occurrences in Manhattan and across New York City. Incidents like the one that happened at the apartment building on 3rd Ave and East 25th Street impact dozens of families every year in NYC. A New York personal injury lawyer at Cellino & Barnes says there have been at least 500 incidents of elevator malfunctions over the past decade. About 10-percent of these accidents result in serious injuries or death.
The top causes of elevator malfunctions include:
Faulty Wiring/Electrical Malfunctions
Elevator Shaft Left Open To The Public
A Manhattan elevator accident lawyer says overcrowding an elevator is typically not a contributing factor in an accident, as safeguards should be in place which would prevent an elevator from moving at all when there’s too much weight in the car.
What To Do If You Or A Family Member Has Been Injured Or Killed In An Elevator Accident
After any elevator accident, it’s crucial to gather as much information as possible. This typically involves hiring a personal injury attorney who’s experienced in handling elevator accident cases. The best elevator accident lawyers will fully investigate the accident, and gather the evidence your family needs to help you get the most from a claim.
This evidence may include:
Expert testimony from the area’s best elevator mechanics
If you or a family member has been hurt or killed in an elevator accident, an experienced personal injury lawyer in Manhattan can help identify those responsible for the accident, and hold them accountable.
ROCHESTER, N.Y. — Those who’ve suffered due to a medical mistake often wonder why suing a doctor can be so difficult. A Rochester medical malpractice lawyer says proving negligence can be challenging since a bad medical outcome isn’t indicative of malpractice. Even more upsetting is when an error does happen, it still might not meet the criteria for negligence.
Why is suing for medical malpractice difficult? There are many reasons, scenarios, and even legal statutes that make this process feel nearly impossible. Before giving up hope, understand these factors and discuss them with an experienced medical malpractice attorney in Rochester to learn what options are available to you.
Factor #1: New York’s Narrow Deadline for Malpractice Suits
New York law gives victims of medical malpractice just two and a half years to pursue a lawsuit for injuries related to a doctor’s negligence. One can also file suit if the mistake happened while under care and the deadline window doesn’t begin until that treatment has finished.
New York’s Discovery Rule
New York’s Discovery Rule offers limited provisions to accommodate a patient. If it’s discovered that a foreign object like a surgical instrument or gauze remained in a patient’s body, a malpractice suit must take place within one year of that discovery. The same applies to situations where facts become known that would lead to the discovery of the item left behind.
Factor #2: Does Your Experience Constitute Medical Negligence?
This factor is critical for medical malpractice suits because it’s necessary to show that a healthcare provider acted in a way that was unreasonable under the circumstances. This often requires the use of experts to testify under oath about the circumstances surrounding the physician’s actions. Obtaining testimony can be costly, but it’s usually necessary to prove negligence.
Factor #3: Were You Injured By Your Doctor’s Negligence?
Once a medical malpractice attorney in Rochester proves a physician acted negligently, the patient’s injuries must also be a result of that action. This is important because, as a patient, you already had a medical issue needing treatment prior to getting hurt. Your doctor’s mistake had to make your condition worse or created another health problem as a result.
This typically requires having an outside expert testify how your healthcare provider’s negligence harmed you.
Factor #4: The Burden of Proof is on the Patient
Another factor that makes medical malpractice suits so difficult to pursue is the burden of proof that the victim must bear. In these types of cases, it’s not the doctor’s responsibility to convince the court of their innocence. This requires plaintiffs and their legal teams to thoroughly investigate every aspect of the claim, gather evidence, get expert testimony, and depose any witnesses. The amount of time that evidence preparation can take varies from case to case, but will require resources, patience, and clarity.
It’s an arduous undertaking to sue a doctor for medical malpractice. Victims who pursue claims in court against healthcare providers that negligently hurt them may find the process to be emotional and exhausting. Scientific proof must support your case, and the costs associated with obtaining expert testimony often make malpractice cases cost prohibitive.
However, many cases are worth pursuing, and an experienced medical malpractice attorney in Rochester can help you determine whether you should file a claim or not.
NEW YORK — Before taking to the streets on your motorcycle for an afternoon cruise or commuting to the office this summer, you need to take time to invest in appropriate safety gear. According to a motorcycle accident lawyer in Manhattan, New York state demands that riders and their passengers wear helmets approved by the Federal Motor Vehicle Safety Standards.
Additionally, it’s required by the state to use goggles or helmets with face shields to protect the eyes from road debris that could potentially fly into a driver’s face. These standards set out federally and statewide require motorcyclists to do some research before choosing a helmet. Ultimately, it’s better to have a safe riding experience than suffer a catastrophic injury.
What to Consider When Buying a Motorcycle Helmet
Whether you’re a first-time rider or a seasoned road warrior, it’s important to remember all traffic safety laws regarding protective gear before purchasing a helmet. With the massive amount of options to choose from, how do you know what to pick? Consider some of the below features when shopping for the best head protection while on the road.
Weekend Cruises, Daily Commuting, and Racing
You should consider how you use your motorcycle the majority of the time when riding around the busy streets and rolling countrysides of New York. If you plan to use your bike only on the weekend for cruising or daily commutes in extensive traffic, higher-end headgear might offer the best comfort and minimal wind noise for extended rides.
Those with racing in mind should seek the best of the best when it comes to standards. Many tracks demand the more stringent Snell-rated safety gear for their track riders due to the type of high-impact crashes that could occur.
Common Motorcycle Helmet Materials
The level of safety you receive from a helmet will depend on several factors, but a motorcycle accident lawyer in Manhattan says the type of materials used to create it and how they function can play a significant role in the event of a crash.
Fiberglass composite which will absorb impact while flexing, crushing and splitting
Polycarbonate helmets will only flex when absorbing impact energy
EPS is a dense foam material that’s formed into a shock-absorbing inner shell
Carbon fiber materials are lightweight and distribute impact force
Another detail to consider: the material used in your helmet follows the safety rating associated with each type. Some are cheaper and handle impacts differently — and less efficiently.
Understanding Helmet Safety Ratings
As mentioned earlier, New York adopted the standards set out by the Federal Motor Vehicle Safety Standards. This isn’t the only guideline that some motorcycle helmet manufacturers follow, so it’s essential to understand the difference to avoid buying headgear that doesn’t adhere to required state law.
DOT Standard – This is a minimum level of standards for protective helmets set out by the United States Department of Transportation.
05 – This safety rating follows guidelines and requirements determined by the U.N. Economic Commission for Europe.
Snell (M2015) – Racing standards for motorcycle helmets created by a non-profit founded in honor of sports car racer Pete Snell (who died from head injuries).
With technological advancements in the types of materials and safety features now available for motorcycle helmets, NYC riders have plenty of options to choose from that will meet the mandatory helmet laws of the state.
According to police, Em Samolewicz was attempting to avoid an open door of a parked car on Third Avenue in Sunset Park. In the process of trying to avoid getting doored, she was hit by the tractor trailer near the intersection of 36th Street.
Em Samolewicz is the 18th bicyclist to be killed on NYC streets this year, and the city is on pace to double the number of fatal bicycle accidents recorded last year. Most of these accidents have happened in Brooklyn.
Third Avenue Criticized
New York Mayor Bill de Blasio has said the city must take actions to better prevent bicycle accidents. Last week, the mayor pledged to install 150 miles of protected bike lanes in the city, and install other bike-friendly policies. However, some safety advocates say the plan lacks urgency – and while it could save lives tomorrow, it doesn’t address the crisis today.
For example, cycling advocates say Third Avenue, where Em Samolewicz was killed, is one of the most dangerous roads for bicycles. Samolewicz was the second death to happen on Third Ave this year, and the first happened under similar circumstances when a cyclist was doored by a parked car.
A New York bicycle accident lawyer says Third Ave has eight lanes for motor vehicles and none for bicycles, making it one of the most dangerous streets in the city for cyclists.
What To Do After An Accident
While fatal accidents are on pace to more than double last year’s count, injuries are rising at a similar pace in New York City. Dozens of cyclists have already been rushed to hospitals this year as a result of someone else’s negligence. After any type of bicycle accident, it’s crucial to file a personal injury claim that can help make sure your medical costs, lost wages, and other expenses are covered.
An experienced bicycle accident lawyer in Brooklyn will fully investigate an accident and identify the pieces of evidence that can help maximize your claim. Some of these factors include:
Dashcam video from the truck itself or other drivers in the area
Truck maintenance records
How long the driver was on the road
Overall road safety
Truck driver safety records
If you or your family has been negatively impacted by a bicycle accident in New York City, you may want to contact a bicycle accident lawyer in Brooklyn for your case.
NEW YORK — Have you ever wondered How Do Insurance Companies Calculate Motorcycle Accident Settlements? You probably have if you’ve ever needed to file a claim or if you’ve already filed a claim and received a less-than-desirable settlement offer.
A Bronx motorcycle accident lawyer at Cellino & Barnes says insurance adjusters often analyze a few main factors when considering what they’re willing to pay when they validate claims. They then make various calculations to reimburse you for vehicle damage, personal injuries, and pain and suffering.
What Insurance Companies Look at When Evaluating Claims
Motorcycle accidents that lead to insurance claims typically involve property damage, bodily injuries, and pain and suffering. When your insurer considers whether to pay your claim, a Bronx motorcycle accident lawyer explains that they typically analyze the following factors:
The extent of the property damage
The extent of the injuries you sustained, if any
The limits of your policy
These factors all have an impact on the settlement they initially offer you.
In an injury accident, you should expect compensation for medical expenses, time you were forced away at work, and many other expenses that could be associated with your sudden injuries.
Perhaps the most abstract calculation they make is the one to determine pain and suffering damages. These claims vary wildly, as everyone’s level of suffering is different, even between two people who have experienced the same type of accident or injuries.
Determining Pain and Suffering Damages
Insurance companies add pain and suffering compensation to the cost of your medical bills and lost wages. One of the most common methods of calculating pain and suffering damages is the multiplier method.
The multiplier method takes the sum of your medical bills and lost wages and multiplies it by a figure from 1-5. Insurance companies commonly use complex software to get this figure, and it’s not always a “fair” offer.
In almost any situation in which you’ve been injured by someone else’s negligence, it’s a wise precaution to get representation. An experienced Bronx motorcycle accident lawyer will help protect your rights, and maximize the value of your claim.
NEW YORK — Maneuvering around spilled produce and climbing slippery steps are two simple actions out of dozens that put us in harm’s way each and every day. However, a New York slip and fall attorney says no matter how cautious we are, bad things can happen that lead to unintended consequences.
Slip-and-fall accidents make up a sizeable chunk of personal injury claims. These accidents can result in minor to severe injuries to people of all ages. As most people know, healthcare doesn’t come cheap. Injuries from slip-and-falls can incur thousands to tens of thousands of dollars in medical bills. Do you automatically have a claim if you got hurt outside your home?
If you slipped and fell on another’s property and suffered injuries, you might be able to pursue a personal injury lawsuit to obtain the money you need to cover the cost of your medical bills. To pursue compensation, you should discuss the nature of your case with a New York slip and fall attorney.
Do I Have a Chance to Win a Slip-and-Fall Lawsuit?
Slip-and-fall accidents send about eight million people to the ER every year, according to the National Floor Safety Institute. In order for your case to succeed, your attorney will have to prove four elements in court.
One: The Defendant Owed a Duty of Care
In legal terms, the “duty of care” basically means that the owner of the property was responsible for keeping the premises in a reasonably safe condition. He or she is also responsible for fixing any conditions which may pose a hazard to visitors.
A New York slip and fall attorney must prove that the defendant had a duty to keep the property free from slipping and tripping hazards. The defendant is whoever owned, controlled, or operated the premises at the time of your accident.
Two: The Defendant Had Sufficient Notice
Your New York slip and fall lawyer can establish notice in your case if he can show that the property owner, manager, or operator knew about the hazard before it hurt anyone, but failed to address the hazard. The defendant must have had enough time to become aware of the issue and fix it to establish notice.
Three: A Dangerous Condition was Present
Becoming seriously injured doesn’t necessarily prove that a dangerous condition was present when you got hurt. You must demonstrate that the defendant’s failure to address the hazard created a dangerous condition that caused your slip-and-fall injury. Your lawyer must also demonstrate that the premises were being used for their intended purpose.
Four: The Defendant’s Negligence Resulted in Damages
Finally, you must show that you suffered harm from the accident. You must provide evidence of your damages, which may include medical bills and time off work resulting in lost wages. Your lawyer must show that your current condition is a direct result of the property’s hazards; therefore, the sooner you consult with an attorney after a slip-and-fall incident, the better your results can be.
Most Physicians Have Been Named in a Malpractice Lawsuit
Believe it or not, most physicians have been named in a malpractice lawsuit at one point or another. According to Medscape’s Malpractice Report 2017, 48% of all physicians were involved in suits where other parties were named, and 13% were the only ones named in the lawsuit. The remaining 45% of physicians surveyed had not been named in a lawsuit. Yet, according to the American Medical Association, plaintiffs do not win the majority of claims. Studies show that, of all types of physicians, surgeons and ob-gyns are the most likely to face a lawsuit.
Medicine is a complex and challenging practice that plays a critical role in the continuous improvement of our quality of life. Unfortunately, mistakes and unwanted outcomes take place. Our best medical malpractice attorney in Buffalo says there are many cases in which lawsuits against physicians are not justified. Sometimes, things happen beyond a doctor’s control which may lead to a lawsuit. If you select a physician you like who happens to have an action on their record, the best thing to do is confront them about it and hear their side of the story. Then, use your best judgement to decide whether you wish to remain their patient.
When licensed medical professionals act negligently, victims and families deserve justice. At Cellino and Barnes, we’ve been advocating for patients impacted by medical malpractice in New York for over 60 years. Our goal is to collect the just compensation patients and their loved ones deserve.
We have an expansive team of experienced medical malpractice attorneys who represent patients all over New York. Our lawyers have successfully litigated a wide array of medical malpractice cases, and we are fully prepared to go to court. We guarantee that you will not pay us a fee unless we win your case. Contact us for a free consultation at any time.
NEW YORK — While large trucks serve an important purpose in the transportation of goods, they pose a serious threat on busy interstates and local roads which are predominantly occupied by passenger cars. A Bronx truck accident lawyer says collisions between personal vehicles and commercial trucks result in serious injuries more often than not, and, in most cases, it’s the driver or passengers of the smaller vehicle who suffer them.
Due to the way they’re built, trucks are susceptible to crashing in predictable ways. According to a Bronx truck accident lawyer, some of the most common kinds of truck accidents in New York include:
A jackknife accident happens a truck driver breaks too strongly and quickly. In this type of accident, the truck’s trailer skids outward, creating a 90-degree angle to the truck’s cab. During a jackknife accident, the truck is particularly vulnerable to flipping over, which poses a deadly threat to the driver and others on the road.
Truck drivers who lose control of their vehicles can cause the truck to slide and roll over onto its side. Most trailers carry tens of thousands of pounds of cargo. These containers are often 53’ long and 8’ wide, and 9’ high. 18-wheeler trucks, which carry heavy cargo like gasoline, construction material and more tend to be even larger. A rollover puts everyone around the truck in grave danger.
Truck Tire Blowout
Big-rig tire failures also have fatal consequences. A tire blowout happens when a weak tire is subjected to sudden pressure or impact it cannot withstand, which causes it to burst or lose air pressure rapidly. Many things can instigate a tire blowout, including:
Overloading the truck
Failing to replace worn-out tires
Trucks need ample space to make a turn. At intersections, trucks make wide right turns because they have limited visibility and also because the trailer doesn’t follow the path of the tractor (known as “off-tracking of trailer”). When a truck makes a right turn, it can often collide with cars on its right-hand side that get too close to the truck as it is turning.
Truck Blind Spot Accidents
Tractor-trailers have more blind spots than passenger vehicles, and as such they’re more vulnerable to instigating a collision. A tractor-trailer collision can wreck the typical passenger vehicle from the sheer discrepancy in size and weight. A Bronx truck accident lawyer at Cellino & Barnes says drivers should know that a semi truck has four main blind spots, or areas where they cannot see fellow vehicles:
Blind Spot #1: directly behind the truck inside the truck’s lane
Blind Spot #2: directly in front of the truck, including the truck’s lane and one lane to the right
Blind Spot #3: on the truck’s left side that can extend across several lanes
Blind Spot #4: on the truck’s right side that can extend across several lanes
Truck accidents often result in severe injuries for the drivers and passengers of consumer vehicles. Sometimes, these injuries can take months or years to heal. In many unfortunate scenarios, victims fail to make a complete recovery. Additionally, they could require expensive medical treatments and procedures throughout their lifetime as a result.
NEW YORK — For some drivers, it’s difficult to remember that motorcyclists are sharing the road. When we forget that, accidents can happen. As riders ourselves, the Brooklyn motorcycle accident lawyers at Cellino & Barnes are serious about street safety, and the first step is education.
Many drivers being unaware of motorcycles is an unfortunate truth that motorcyclists must face when they take the risk of riding their bikes in Brooklyn – and it shows. A significant portion of car-on-motorcycle accidents are the driver’s fault, not the rider’s. Luckily, there are a few things all of us can do to reduce the chances of such crashes.
Check Blind Spots
Drivers should frequently check their blind spots, especially when switching lanes or changing direction. Motorcycles are vastly smaller than most other vehicles on the road, making them hiding in drivers’ blind spots a top reason for accidents between motorcycles and cars.
Use Extra Caution When Passing
If you’re on a section of roadway that permits passing, you may pass a motorcycle like you would any other vehicle; however, remember that motorcyclists can be affected by vehicles all around them. Increase your distance by several cars before shifting into the proper lane and always signal your intention to pass.
Increase Following Distance
Rear-ending a motorcycle can result in serious injuries to the rider, which is why it’s important to leave more distance between you and the motorcycle than you would behind a car or truck. It’s especially important to do so behind motorcyclists signaling to make a turn.
A dreary day can make it more difficult to discern motorcyclists on the road. On days with reduced visibility, motorcyclists should be at the top of your mind when driving.
Keep Your High Beams Off
Use of your high beams should be restricted to specific situations where you find yourself in low populated, rural areas. Generally, you’ll want to use them when there are no oncoming vehicles. If a motorcyclist is ahead of you, be sure to keep them off.
Stay in Your Lane
Sharing is caring…until it comes to sharing a lane with a motorcyclist. This creates an unsafe environment for the motorcyclist, who’s at significantly higher risk of injury than the driver. As legitimate vehicles, motorcycles are entitled to take up the entire traffic lane. A motorcycle accident lawyer in Brooklyn says it’s illegal to share the lane.
Signal All Turns
Signaling your intention to turn is a good habit to form no matter what motorists you encounter on the road. When you signal an upcoming turn you let others know why you’re slowing down and reduce the risk of initiating a car pileup.
Make Full Stops at Intersections
Sadly, not all drivers come to a complete stop at red lights or stop signs. Unfortunately, the rush to make a right turn before traffic starts flowing again puts many at risk, particularly motorcyclists who are easy to miss when focusing on passing cars. Coming to a complete stop and taking the extra moment to ensure a clear intersection will prevent accidents.
Avoid Distractions. According to our New York car accident lawyers, distractions are a top cause of accidents. In stop and go traffic, distractions can be downright dangerous. Always keep your eyes on the traffic around you!
Never Drink and Drive. It’s the 4th of July, and many people love to celebrate with a beer or a glass of wine. Be responsible about it! There are more drunk driving accidents over the Independence Day weekend than any other holiday weekend. If you’re drinking, have a designated driver — or hail a taxi, Uber or Lyft to get you where you need to go.
Slow Down!Speed is a top factor in many car accidents in New York. Speed limits have been carefully chosen by traffic experts to get people from point A to point B in a timely and safe manner. Trust the speed limits, and stick to them to have the safest trip possible.
Our best car accident lawyers in New York also warn drivers to pay attention to those around you: pedestrians, bicyclists and motorcyclists will also be sharing the road this weekend. Be courteous of them, and do everything possible to make sure the roads are safe for everyone.