New York’s two-point-six billion public transportation trips each year lead the nation by far. The downside to this statistic? Public transportation-related injuries are inevitable. The number one question clients injured on public transportation ask me is, “Can I even sue for accidents like this?” The short answer is yes, but these lawsuits are tricky.

WHAT ARE THE MAIN TYPES OF ACCIDENTS INVOLVING PUBLIC TRANSPORTATION?

There are three main types of accidents involving public transportation.

The first is passengers or pedestrians being hit by a public transportation vehicle. For example, in Chainani versus Board of Education, a student’s parents won a lawsuit against the New York school board after a school bus hit the student as she crossed the street after getting off the bus.

The second type is slip and fall injuries. In one case, a woman was awarded five-hundred-thousand dollars when the city didn’t properly maintain a train platform, causing her to slip on a patch of ice and fracture her ankle.

Third are collisions with a public transportation vehicle. For example, a man successfully sued the New York City Transportation Authority when a bus rear-ended his vehicle at a red light.

WHY THESE LAWSUITS ARE POSSIBLE, BUT COMPLICATED

It’s definitely possible to recover compensation for an injury on public transportation. Public transportation carriers are responsible for passenger safety. They have to follow regulations and otherwise be reasonably careful to keep passengers safe.

New York’s pure comparative fault model also helps. In New York, fault for causing an accident is divided by percentages among the involved parties, and each party can recover compensation as long as they aren’t one-hundred percent to blame. So, if you slip and fall on a train platform, you can successfully sue the city, even if you were being somewhat careless, as long as the city is also to blame.

However, these lawsuits are complicated. One reason is their strict deadlines. In New York, if you’re suing the government, you have ninety days from the date of the accident to give legal notice that you’re going to file a claim. As soon as you’re injured, the clock starts ticking.

It can also be difficult to prove the government is to blame. The government isn’t generally responsible for injuries that happen because of circumstances outside of their control. Most rules for when the government is at fault are buried in past cases and set a high bar for what must be proved to hold the government liable.

Finally, it often isn’t clear who should be sued. Imagine a car accident with a public bus. Many parties could be at-fault, such as:

• the bus driver,
• the transportation authority
• the city, and
• even the State.

Suing the wrong party can seriously damage a claim for compensation.

Being injured on public transportation is unfortunate, and those at fault should be brought to justice. At Rosenblum Law, our dedicated attorneys have decades of experience successfully holding public transportation agencies accountable for not keeping members of the public safe. Contact us today for a free, no obligation consultation.

When someone is hurt by a driver who was distracted, car and health insurance may not cover all of the expenses that a family might suffer. However, victims may be able to sue liable parties for their injuries, helping to ensure that they’ll receive full compensation from negligent parties.

In the state of New York, driver inattention causes thousands of accidents every year. In 2019, New York saw over ninety-thousand distraction-related accidents. At least thirty-thousand of those accidents resulted in personal injuries to drivers, passengers, and pedestrians and hundreds more resulted in fatalities.

WHAT IS DISTRACTED DRIVING?

Distracted driving is the practice of operating a motor vehicle while engaging in another activity that takes one’s attention away from driving properly. Some common forms of distraction include:

• Eating and drinking
• Talking with passengers
• Attending to children in the backseat
• Reading billboards
• Adjusting a radio mid-drive
• Grooming oneself
• Looking at passing scenery
• Using a cell phone or another electronic device

Any of these behaviors will divert a driver’s attention and increase the likelihood of an accident.

SUING A DISTRACTED DRIVER

If a victim suffers minor injuries, their expenses might be covered by their own Personal Injury Protection (PIP) policy. In more serious accidents, economic losses, such as medical expenses, may exceed the victim’s insurance coverage. In order to recover compensation for significant economic losses, or any non-economic losses (like pain and suffering), a victim must meet the serious injury threshold. In order to satisfy the threshold, a victim will need to either bear an economic loss in excess of fifty-thousand dollars, or suffer a serious injury such as death, loss of a limb, or permanent disfigurement. 

After satisfying one of these requirements, a victim will need to consider if a lawsuit is necessary. Accident lawsuits are often settled out of court rather than going to trial, as many liable parties (like distracted drivers) will recognize their fault. However, if a party refuses to settle, then the victim and their attorney will need to prepare for a more involved legal process, and perhaps a trial.

HOW TO PROVE THAT A DRIVER WAS DISTRACTED

We know from experience that distracted driving cases can rely upon eyewitnesses, police reports, and security cameras to prove that a driver was distracted. Eyewitnesses, such as passengers or pedestrians, could have directly observed the driver’s negligent behavior. The driver might mention a distracting behavior that gets put in a police report, and can be used against them. Street and store security cameras may also serve as silent, objective observers of distracted driving. Finally, the driver’s phone records can provide easy proof of distraction as well.

If you or a loved one has been injured by a distracted driver, contact Rosenblum Law for a free, no-obligation consultation.

Rental trucks like U-Hauls can be some of the most dangerous vehicles on the road. They’re much bigger and heavier than normal cars or SUVs, and unlike semi trucks, the people driving them don’t have any special training. Whether it’s cargo falling out the back, bad maintenance, or the driver just not knowing how to handle a vehicle that size, rental truck accidents are common.

Making it through an accident can be overwhelming. In addition to the pain of your injuries, you’ll often have high medical bills and difficulty performing daily tasks while you recover. A personal injury lawyer can get you the compensation you need to get your life back to normal.

WHO PAYS FOR A RENTAL TRUCK ACCIDENT?

Like any other accident, your first source of compensation will be insurance. If you have a car insurance policy, your personal injury protection, or PIP, benefits will cover medical bills and lost wages up to your policy limit. PIP covers any accident where you’re injured by a car or truck, even if you’re a pedestrian.

However, PIP has limits. First, it will never cover more than your policy limit, even if your medical bills total more than the policy cap. Second, PIP doesn’t cover pain and suffering, emotional trauma, or disability, all of which are common in major accidents. You will need to file a lawsuit to get fully compensated for these things.

SUING FOR A RENTAL TRUCK ACCIDENT

The most common person to sue in a rental truck accident is the driver who rented the truck. Like in any other personal injury case, the question is whether the driver was at fault for the accident. As personal injury lawyers, we know how to build the strongest case that a driver was acting negligently by examining the accident photos, locating video or witnesses, or checking police reports, for example.

In some cases, it may also be possible to sue the rental truck company. Companies like U-Haul and Penske are legally required to keep their trucks in good operating condition. If they fail to do so and this failure causes an accident, the rental company can be found liable.

In our experience, most accident cases end in a settlement, not a jury trial. However, the amount you can get in a settlement depends on how much the other side is worried about losing at trial. The more severe your injuries and the clearer the other side’s fault, the more they’ll be willing to pay. That’s why it’s critical to build the strongest case possible and then use it to negotiate a fair settlement.

If you or a loved one has been injured in a rental truck accident, contact Rosenblum Law for a free consultation today. Our experienced personal injury lawyers will assess your case and find the best strategy to get you all the compensation you deserve.

Cycling can be a cost effective and convenient way to get where you need to go. Unfortunately, it can also be dangerous. Bikes don’t provide the same level of cushioning from an impact as cars, so accidents between bikes and cars can be very serious for cyclists.

Bike accidents can lead to serious injuries. These injuries often result in high medical bills, missed time at work, lasting pain and suffering, and even permanent disabilities. Getting through the aftermath of an accident can be expensive, so you’ll want a personal injury lawyer to help you get the compensation you deserve.

WHERE DOES COMPENSATION COME FROM?

Compensation for a cyclist hit by a car can come from two different sources. First, if you have a car insurance policy, that policy will include Personal Injury Protection, or PIP, benefits, that will cover you in any accident involving a car, even if you’re on your bike instead of in your car.

If you don’t have a car insurance policy, you can get compensation by suing the driver who hit you. Even if you do have PIP coverage, you may still need to sue the driver who hit you if your injuries are serious. PIP will only pay $50,000 unless you selected a higher policy limit, and it won’t cover your pain and suffering or disabilities. In serious accidents, you may end up with medical bills above the policy limits as well as costs that PIP doesn’t cover at all.

SUING THE DRIVER

In most traffic accident cases, the key question is who was at fault for the accident. This is no different when the accident is between a car and a bike. New York uses a comparative fault model, meaning a jury hears the evidence and then assigns a percentage of fault to each party in the case. Any monetary awards are reduced by your percentage of the fault.

Although cyclists suffer worse injuries than drivers, a jury won’t automatically find that the driver was at fault for an accident. Instead, a jury would look at the situation as a whole and see if either the driver or the cyclist didn’t act with reasonable care. This includes questions like whether the driver or cyclist was breaking traffic laws, whether the driver or cyclist was distracted, or whether one of them could have avoided the accident by stopping or swerving.

Most personal injury cases end in a settlement instead of a jury trial. However, the stronger your case is, the more willing the driver and their insurer will be to settle for a higher amount. An experienced personal injury lawyer can examine all the evidence and build a strong case to get as much leverage in the settlement negotiations as possible.

WHAT SHOULD YOU DO IF YOU’VE BEEN HIT BY A CAR?

If you or a loved one has been hit by a car, contact Rosenblum Law for a free consultation today. Our experienced personal injury lawyers will assess your case and find the best strategy to get you all the compensation you deserve.

Motorcycle crashes are some of the most dangerous traffic accidents. Between the high speeds involved and the lack of cushioning or seatbelts, getting in a motorcycle accident can lead to extremely serious injuries.

Motorcycle crash injuries can lead to huge medical bills, pain, and even permanent disability. Dealing with the aftermath of a crash can be costly and overwhelming. A personal injury lawyer can help you get the compensation you need to recover from your injuries without being financially ruined.

WHO PAYS COMPENSATION FOR A MOTORCYCLE ACCIDENT?

Unlike car accidents, motorcycle accidents aren’t covered by no-fault insurance in New York. While pedestrians, cyclists, and the occupants of cars are entitled to personal injury protection benefits found in every car insurance policy, motorcyclists are specifically excluded from these insurance policies.

Motorcycle insurance policies usually don’t include first-party personal injury coverage. This means that if you’re injured in a motorcycle crash, you’ll need to sue the person responsible for the accident if you want compensation.

SUING FOR A MOTORCYCLE ACCIDENT

Motorcycle accidents are governed by the same laws as any other traffic accident. The main question in any traffic accident case is whether the accident was caused by negligence, and if so, whose negligence.

To determine if a driver or motorcyclist was negligent, the jury will look at all the evidence in a case. Usually, a single fact won’t determine the outcome of a case. For example, a driver making a left turn in front of a motorcycle is usually considered negligent and at fault for an accident, but other evidence might show the motorcyclist was at least partially at fault.

The jury will also assign a percentage of fault to each party in the accident. Any award will be reduced by your percentage of the fault. For example, if a motorcyclist sues a driver and the jury finds the motorcyclist was 20% at fault, the motorcyclist’s award will be reduced by 20%.

Negligence applies to both the accident and the resulting injuries. So, if a motorcyclist wasn’t wearing protective gear like a helmet and suffered more severe injuries as a result, the driver may not be found liable for injuries that could have been prevented by a helmet.

Most personal injury cases, including motorcycle accidents, end in a settlement rather than a jury trial. However, settlements are based in large part on how strong your case would be at trial. A driver and their insurance company will be more willing to pay a large settlement if they’re worried about losing at trial. That’s why it’s important to have an experienced personal injury lawyer assemble the evidence, build a case, and negotiate a settlement for you.

WHAT SHOULD YOU DO IF YOU’VE BEEN INJURED IN A MOTORCYCLE ACCIDENT?

If you or a loved one has been injured in a motorcycle accident, contact Rosenblum Law for a free consultation today. Our experienced personal injury lawyers will assess your case and find the best strategy to get you all the compensation you deserve.

Any time you get on a bus, you’re entrusting your safety to another driver. While buses are one of the safer modes of transportation available, accidents do still happen and can be serious.

Making it through the aftermath of a bus accident can be costly and overwhelming. A personal injury lawyer can get you the compensation you need to get you through the worst of it.

WHO PAYS FOR BUS ACCIDENT COMPENSATION?

Usually, bus accident victims are compensated through insurance. If you own a car, you’re legally required to have a car insurance policy. All New York car insurance policies come with personal injury protection, or PIP, benefits. These benefits will cover up to $50,000 worth of your injuries any time you’re in a motor vehicle accident, including a bus accident.

Of course, many people ride the bus because they don’t have a car. Fortunately, if you don’t have a car insurance policy, you’ll be covered by the bus company’s insurance. In some cases, there may be a question of whether the vehicle was legally a bus. New York law defines a bus to include vehicles with 15 or more seats, which includes municipal buses but not certain smaller omnibuses.

Whether you’re covered by your own policy or the bus company’s policy, the benefits will probably be the same. Unless you paid for additional coverage, PIP has a default policy limit of $50,000, as does bus insurance. Both types of coverage only cover what the law calls economic damages: medical bills, lost work time, and physical therapy bills. Economic damages do not include pain and suffering, disability, or emotional trauma, all of which are common in serious accidents.

If your economic damages are over $50,000 or you’ve suffered significant non-economic consequences from a bus accident, you’ll need to file a lawsuit to be fully compensated.

FILING A LAWSUIT IN A BUS ACCIDENT

In most bus accident cases, the obvious thing to do is sue the company that operates the bus. Most of the time, this will be a public transit authority, like the New York City Transit Authority, but it can be a private company as well. If your accident does involve a public transit authority, the statute of limitations for filing a claim is only 90 days from the date of the accident. 

In some cases, though, other drivers may be at fault as well. Fortunately, it’s possible to file a lawsuit against multiple defendants if necessary.

The key question in a bus accident case is whether the bus driver or other defendants caused the accident by negligent conduct. Most cases settle instead of going to a jury, but the amount you can get in a settlement usually depends on how strong your case would be at trial. It’s important to have an experienced lawyer put together all the evidence and negotiate the settlement.

WHAT SHOULD YOU DO IF YOU’VE BEEN INJURED IN A BUS ACCIDENT?

If you or a loved one has been injured in a bus accident, contact Rosenblum Law for a free consultation today. Our experienced personal injury lawyers will assess your case and find the best strategy to get you all the compensation you deserve.