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A major auto insurance company has a series of television commercials in which it touts the value of its experience. Each commercial presents a scenario where a customer encountered damage as a result of some particularly bizarre set of facts. At the end, the actor-spokesman states that the customer was covered and that, at the insurance company, “We know a thing or two because we’ve seen a thing or two.”

Personal injury law can be a bit like that. You want to be sure that you have experienced New York auto accident counsel on your side to give yourself the best chance of success. You want a legal team that has seen “a thing or two” in court and, therefore, knows “a thing or two” about getting you the recovery you deserve, no matter how odd the cause of your injury.

H.F. was a driver who experienced such an unusual injury in his case. H.F. was behind the wheel of a stopped car in Manhattan. All of a sudden, H.F. found himself a situation that would startle many of us. A tow truck that was in front of him began moving backward and heading directly for him. The tow truck eventually slammed into H.F.’s car, causing him to suffer substantial injuries. What made H.F.’s case especially unique was that there was no one behind the wheel of the truck when it crashed into H.F.’s car.

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For any construction worker injured on the job, but especially for those facing major damages, it is vital to be sure that you go about pursuing your court case the right way. It is essential that you file on time, that you include all of the legal claims allowed, and that you name as defendants all of the entities and people who might be liable and owe you compensation. Make a mistake on any of these and you may cost yourself a portion of the compensation you deserve–or you may cost yourself your case entirely.

It is also important to take advantage of the legal tools at your disposal. One of the key ones is summary judgment. A summary judgment decision that finds a defendant liable means that you have won on the question of liability without having to have a full trial on that issue, which can save you time, money and stress. For reliable aid in using these and other tools in navigating the legal process, be sure to retain the services of a knowledgeable New York City construction injury attorney.

For an example of successful navigation of a construction law case, there’s the lawsuit filed by L.S., who was a sheet metal worker working on a project in Manhattan. While working on the building’s sixth floor, L.S. fell through a hole in the floor and crashed all the way down to the fifth floor. The worker’s injuries were considerable, having hurt his spine, ribs, back, left thumb, left elbow, neck, teeth, both feet, both ankles and both shoulders.

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No one wants to imagine being rear-ended in an auto accident. However, whether it is due to a driver under-appreciating how slick or slippery roads are, a driver falling victim to distractions like cell phones, or some other cause, these accidents happen all too often. When it happens to you, you probably know that the rear driver is typically at fault and that you may be entitled to compensation in court. But would you know how to go about getting that much-needed compensation? And, more precisely, would you know the best way to do it? For answers to these and other questions, be sure to retain the services of a skilled New York City injury attorney.

Many people probably know that they can sue the driver who rear-ended them. But there’s more to it than that. A full trial on the issue of the accident’s causation and the other driver’s liability can possibly be very time consuming and stressful–and there may be a way to avoid it. That method for avoiding a full trial on the issue of liability is called “summary judgment,” and was a key to success for a pair of injured drivers in their recent cases.

Summary judgment means that the judge has decided that, of the factual disputes that may exist between you and the other driver, there are none that would alter the outcome of the case. Even if every factual dispute was resolved in your opponent’s favor, the law would still dictate that you win. When that happens, you win on liability and the case moves on to a trial–albeit only on the issue of how much your damages award should be.

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As a construction worker, you are often called upon to perform a variety of tasks where reaching the area upon which you must work is complicated. Traditional devices like lifts or scaffolds may not fit in the space available. When that happens, you may be forced to “get creative.” However, what happens when the improvised device you set up fails, you fall and suffer injuries? Does the fact that you put together your own improvised device necessarily mean that you are out of luck when it comes to obtaining compensation? As one recent case from upstate shows, the answer is “no!” Never just give up; instead, always consult a knowledgeable New York City construction injury attorney about your situation.

In the case referenced above, D.C. was a construction worker whom D.D. hired to install siding on a rental property that D.D. owned. The siding that the property owner wanted installed was to go above a staircase that ran along the side of the building. The owner agreed to rent a lift that D.C. could use for the job, but lifts were too big to fit in the area where D.C. would be working. There was also a “ladder jack” device, but it was in use elsewhere and, in addition, it (like the lift) wouldn’t have fit in the tight space. The owner did not provide D.C. with a conventional scaffold.

Faced with this difficulty, the worker created his own device. D.C. set up his A-frame ladder and then took a scaffolding plank and ran that plank from a rung of the ladder over to the top of the staircase. Neither the ladder nor the plank was anchored to anything. As a result, when D.C. began pushing siding into place, the improvised device slid out from beneath the worker and he fell, breaking his ankle.

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If you’ve heard people discuss the circumstances of a person injured in an auto accident, you’ve probably heard the advice that the injured driver/passenger/pedestrian should call an experienced New York City injury attorney right away. You may have heard this exhortation in a television or radio commercial or you could’ve read that advice in this blog. This advice comes up so frequently because it’s generally solid advice and it’s really important if your injury incident eventually requires you to take legal action. That’s because, while this is hopefully your first time dealing with a personal injury legal situation, it is definitely not your skilled injury attorney’s first. Your attorney knows what steps to take and knows what to do immediately

Why do these things matter so much? Here’s a recent real-life case that provides a useful example. M.O. was operating his vehicle in Manhattan when he slowed to make a right-hand turn. The vehicle behind him didn’t slow down fast enough and rear-ended M.O. M.O. suffered substantial injuries in the accident.

Would you know who to sue if you were M.O.? You might know, on your own, that you can bring a legal action against the rear driver. However, your skilled attorney can help you “dig deeper.” For example, if the owner of the rear vehicle was someone other than the rear driver, then the law may allow you to sue both the driver and the vehicle owner. Furthermore, if the driver was engaged in some activity advancing the interests of his employer, you may be able to include the employer as a defendant in your case.

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When you get hurt working a construction job in New York, the law provides certain opportunities for compensation in various situations. These situations can include, among others, falls or blows from falling objects. To achieve a successful outcome, you’ll need more than just evidence of your fall or the falling object. You’ll need proof that the work you were doing was of a type that is covered by the Labor Law statutes. Sometimes, the classification of the work you were doing can make all the difference between success and failure. To make sure you are providing the court the proof you need to get the compensation you deserve, retain a skilled New York construction injury attorney to handle your case.

An example of a lawsuit that turned upon this “type of work” issue was the case of T.M.’s accident. T.M. was a worker performing activities outside a hospital in the Bronx. In the summer, the hospital was cooled by a chiller unit, which the facility rented. That chiller sat atop a trailer situated on 173rd Street, utilizing hoses that sat on some scaffolding that was also situated on 173rd Street.

In early December 2012, T.M. and some co-workers were tasked with disconnecting the rented chiller. A co-worker experienced problems getting some wood free from underneath the trailer. As the men worked, a chain holding the chiller snapped and the eight-ton chiller slid off the trailer and onto T.M. The impact crushed and killed the worker.

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When you have a fairly strong case, there are various avenues to reach a successful outcome. While any of those avenues can potentially provide you with the compensation you need, some may be even more optimal than others. For example, if you can persuade the trial court that it should award you summary judgment in your case, then that means that the defendants will be held liable, and you will have gotten that judgment of liability without having to undergo the stress and potential uncertainty of a full trial on the question of fault. In order to make sure you are taking the best approach to get the compensation you need, make sure you consult and retain a knowledgeable New York injury attorney.

One situation that can lend itself to achieving a successful summary judgment motion in an auto accident case is when there is a clear-cut case of one party’s having wrongfully failed to yield the right of way. As an example, take the case arising from an intersection accident in Dutchess County. A.M.’s vehicle collided with a vehicle driven by B.R. B.R.’s vehicle was owned by another person, M.G. B.R. was traveling along a street that had stop sign. A.M.’s street had no traffic signal or sign.

A.M. sued both the other driver and the owner of the vehicle. The central thrust of A.M.’s case was fairly straightforward: B.R. negligently ran the stop sign and caused the crash. This meant that B.R. improperly failed to yield the right of way in violation of the Vehicle and Traffic Law, was liable for A.M.’s injuries and owed her damages, according to the complaint.

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New York City is currently in the midst of a construction boom. In many ways, this is very good news. New construction can mean new housing options, new employment options and new opportunities of various types. For construction workers, it should mean a wealth of new job prospects and a steady stream of work. Unfortunately, it has also meant something else: a substantial uptick in the number of construction workers injured and killed on the job. It shouldn’t have to be this way, but that is the reality. Fortunately for workers and their families, New York law has an avenue for recovering an award of damages when a worker is hurt or killed due to inadequate safety on the job. If you’ve been hurt in an accident while working a New York City construction job, be sure you have the legal representation you need from a skilled New York injury attorney to get the compensation you deserve.

At the beginning of September, the New York Post published an article entitled “Construction accidents soar amid NYC building boom.” That article shared some depressing statistics. During the first seven months of 2018, twice as many construction workers died on the job in New York City as died in the first seven months of 2017. A total of nearly 500 men and women were injured in more than 450 construction accidents occurring from January to July 2018. These injury numbers represented a 17% uptick from the number of construction accident injuries occurring in the city from January to July 2017. (The Post obtained this information from the city’s Buildings Department.)

The federal Occupational Safety and Health Administration recognizes what’s called the “fatal four,” which are the four leading causes of fatal construction accidents. These are falls, being struck by an object, electrocution and “caught in-betweens,” which are accidents where a worker is pinned or trapped and becomes caught, crushed or compressed.

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In many rear-end accident scenarios, the driver of the rear vehicle is often the one determined to be legally liable and the driver of the lead vehicle may be the person who seeks compensation for his injuries. In some specific circumstances, though, you may be entitled to a judgment finding the other driver negligent and liable, and yourself entitled to an award of damages, even if you were the driver of the rear vehicle. There are various situations in which a rear driver can be mostly or even completely free of negligence in causing the rear-end accident. Before you assume you have no case because you were the rear driver, be sure you have first consulted with an experienced New York injury attorney.

A recent case that involved this type of scenario happened in Duchess County. The fact pattern was familiar. Vehicle A came to a stop. Vehicle B didn’t, and thus rear-ended Vehicle A. The accident caused one of the drivers to suffer injuries. The person who was hurt and sued was H.M., the driver of the rear vehicle. The driver of the front vehicle, R.A., asserted that she had intended to make a left turn and, in order to do so, had gradually come to a complete stop and had turned on her blinker as she waited for traffic to clear. H.M. asserted that R.A. didn’t signal and that she stopped very abruptly.

In a case like this, one of the important hurdles for you to clear is to defeat the defense’s request for summary judgment, which would result in your case being thrown out before you even make it to trial. In this case, the Appellate Division determined that H.M. had enough to take his case to trial. The state route along which R.A. and H.M. were traveling was one in which drivers “could reasonably expect that traffic would continue unimpeded.” When you’re in those conditions and the car in front of you stops so abruptly that you can’t avoid a collision, even utilizing a safe following distance and keeping a proper lookout, then you may be entitled to a ruling that holds the lead driver liable.

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If you are involved in an auto accident in New York and suffer injuries as a result, there are certain factual things that have the potential to make your case more challenging. If you were driving the rear vehicle in a rear-end collision, that has the potential to work against you. If you were in a collision with a vehicle that was performing work on a road at the time of the accident, this can also possibly weaken your case. None of these things are, by themselves, automatically fatal to your case, however. You still have options for achieving a successful outcome. Be sure to talk to a knowledgeable New York injury attorney about your case.

As an example, look at the case of P.C. P.C., while on his way to church one February morning. encountered a most unexpected sight. As he crested over a hill, he found a snow plow in his lane, driving in reverse. P.C. braked but could not avoid colliding with the plow. The snow plow driver continued backing up for 3-4 seconds after the crash before he realized he’d hit someone.

P.C. sued the plow driver and the town for whom the driver was working. P.C.’s case offers a couple of important elements of New York law related to auto accident injuries. Generally, in a situation where two vehicles collide with the rear of the front vehicle impacting the front of the rear vehicle, then the rear driver is the person who will be determined to be legally at fault in causing the accident. There are, however, certain situations in which a rear driver will not be liable in this type of accident. If the rear driver proves that he encountered an unexpected event or that the front driver engaged in negligent driving, and that the rear driver did everything he could to avoid the accident, then the rear driver may be free from liability. Recently, the New York courts ruled in favor of a rear driver who crashed into the back of a truck that had struck an overpass and had, as a result, stopped abruptly in the middle of a highway. In P.C.’s case, the front vehicle was driving in reverse in a travel lane, and P.C. had evidence that he did everything he could to avoid the crash.

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