Accident claims for injured bus riders
On Behalf of Simon & Gilman, LLP | Aug 20, 2020 | Motor Vehicle Accidents |
Bus trips throughout New York and across the country each year number in the billions. These statistics are not difficult to believe when you take into account that 25 million children use school buses each day to travel to and from educational facilities. In addition, there are countless transit buses and private coaches that carry passengers seven days a week in the country.
Buses are like other vehicles on the road in that auto accidents are possible through collisions with other vehicles or stationary objects. These accidents can occur due to a mistake on the part of the driver, negligence from the company, inclement weather, fault of another driver and failed equipment.
The injuries that are possible when involved in a bus accident range from minor bumps and bruises to broken bones, serious burns and even death. When an injury or death occurs, the accident victim or their family needs to understand where they can hope to find compensation.
Bus riders injured in an accident caused by another driver can file an injury claim against the insurance of the at-fault driver. However, when this is not an option, things become a little more complicated.
Most public transportation is available to citizens at the courtesy of local and state governments. The sovereign immunity enjoyed by government entities makes it more difficult to sue them. However, individuals injured in a bus accident can file a claim against a transportation provider if that provider is responsible.
Filing a lawsuit against a public transportation provider can become a complex process. Someone who has been injured in an accident while riding a bus may secure a better outcome for themselves by partnering with an personal injury attorney.
Factors that could delay probate
On Behalf of Simon & Gilman, LLP | Aug 19, 2020 | Firm News |
In New York, probate is the process that determines the validity of a will. Many people don’t know they can avoid leaving the fate of their assets to the court. Probate may continue for many months because of various factors.
Several beneficiaries
Probates that involve more than three beneficiaries commonly take longer. That’s because each beneficiary has to be located and contacted. Some documents need signing by every beneficiary, and this could take coaxing. There will likely be one or two who take their time returning papers.
Location of beneficiaries
Geography is often the top cause of probate delays. Beneficiaries who live out of the area cost the estate postage when documents need to be signed and returned. Beneficiaries spread across the country or live in another part of the world can compound the issue.
Odd assets or out-of-state assets
Estates with odd assets, such as racehorses or mineral rights, usually take longer to go through probate. The estate must find the value of the assets so taxes can be filed, and this could be tricky. When an asset cannot be easily converted to a cash value, a creditor or beneficiary may have to take ownership of it. Otherwise, the probate could stay open until it sells.
Sometimes, assets located in other states need to be tracked. This means probate has to be opened in the state of the asset. Of course, this causes additional delays.
Tax returns
If an estate surpasses a certain value threshold, a 706 form must be filed. The IRS usually waits three to four months after the taxes are filed to process the form. Probates that require a tax filing must remain open until there’s a written notice from the IRS.
Probates often cause disagreements and arguments among heirs. Even with everyone getting along, estate laws are complex. An estate planning lawyer with knowledge of state laws can assist the executor and help resolve issues.
2019: car crash fatalities saw 2% decline
On Behalf of Simon & Gilman, LLP | Aug 18, 2020 | Firm News |
The National Safety Council has released its preliminary estimates on car crash deaths in 2019. What New York residents should know is that the results are somewhat positive but that much work needs to be done to ensure greater and greater traffic safety.
2% decrease in car crash deaths
An estimated 38,800 people died in auto accidents in 2019, which is 2% less than the 39,404 who died in 2018. It also represents a 4% decline from 2018 with its 40,231 deaths. The number of crash victims who required medical attention also went down 2% from 2018 to 2019, but the estimate still came to an alarming 4.4 million people.
Some states became safer than others
Vermont and New Hampshire saw the most improvement with an estimated 31% and 30% drop in car crash fatalities, respectively. This was followed by South Dakota and Washington, D.C. (both 21%), Alaska (16%) and Nevada and Connecticut (both 14%). Other states saw an increase: Maine (35%), Wyoming (32%), Delaware (20%) and Tennessee (10%).
The differences are to be expected as some states do more to reduce crashes than others. The overall gradual decline in fatalities can be due to several factors, such as the adoption of Vision Zero models in certain cities and the increasing availability of crash avoidance vehicle tech like collision warning and automatic emergency braking.
Legal representation for crash survivors
You survived your crash but are not to blame for your injuries. Moreover, you found that your own insurer cannot cover all the losses. By filing a personal injury claim, you may seek more complete coverage for both your economic damages, such as medical expenses and lost wages, and your non-economic damages, such as pain and anguish. A lawyer may help you with the process, in particular with the negotiations.
The CVSA’s Brake Safety Week starts August 23
On Behalf of Simon & Gilman, LLP | Aug 13, 2020 | Motor Vehicle Accidents |
New York residents should know that the Commercial Vehicle Safety Alliance is one organization that strives to improve the safety of commercial trucks on the road. One way it does this is through Brake Safety Week, an annual roadside inspection spree. Truckers are expected to have brakes that meet industry standards, and those who neglect this area will have their rigs put out-of-service.
Brake Safety Week 2020 scheduled to be held in August
The CVSA has scheduled the 2020 Brake Safety Week to take place August 23 to 29 and announced that the focus will be on brake hoses and tubing. These components should be:
- Free of leaks and damage
- Properly attached
- Appropriately flexible
The CVSA has also declared that August is Brake Safety Awareness Month. Raising awareness is a much-needed task, considering how 13.5% of trucks inspected in the 2019 Brake Safety Week were placed out-of-service (OOS). Furthermore, brake systems and adjustment accounted for 45.1% of the OOS violations the CVSA found during its 2019 International Roadcheck.
Truckers can learn which fleets are the safest
Fleets differ in their safety training procedures, policies and so on. So to determine which fleets are the best in terms of these and other elements, the Truckload Carriers Association holds an annual “Best Fleets to Drive For” contest. Truckers may want to glance at the results and understand that their fleet may influence their behavior.
When drivers are injured by a trucker
Poorly maintained brakes are behind many motor vehicle accidents, including those involving large trucks. If you believe that you were injured because a trucker neglected to maintain his or her rig, then you may have a case against the fleet. Filing a claim can be hard work, though, since trucking companies have a legal team that can fight on their behalf. You may want a lawyer to assist with negotiations, taking the case to court as a last resort.
Construction sites present many potential hazards
On Behalf of Simon & Gilman, LLP | Aug 13, 2020 | Construction Accidents |
A construction site in New York might be a dangerous place to work. Falling objects, wet surfaces and high places all present dangers, so construction workers must be aware of the potential risks they face on the job.
When employees are working at heights, the chance of falling may increase when the footing is unstable. Also, the area where someone works could be quite narrow, which limits mobility. Add these factors to the commonly present danger of human error, and a person might fall. Falls could lead to death.
Structures can collapse for a multitude of reasons. Too much weight, poor construction and failure to adhere to established regulations may lead to structures collapsing. The people standing on the structure aren’t the only ones at risk; those on the ground below, including pedestrians, might be underneath the collapsing structure.
Also presenting risks is electricity. Exposed electrical lines can lead to shocks, and errors such as not cutting power or failing to provide safety equipment may increase dangers.
Constructions site workers may carry heavy loads, which creates risks for injuries. Even one improper lift of massive objects could cause a back injury. Such injuries may make a worker medically unable to go to the job for an extended period.
Hopefully, the construction site’s management provides the necessary safety training to employees. Not all workers may be familiar with vital safety steps specific to a particular job, however. Some workers might be new and lack experience. Quality training programs could improve awareness about good safety practices.
Workers’ compensation might lend assistance to someone out of work due to a construction site injury. Workers may also explore a personal injury suit after any construction accidents. If negligence caused the injuries, a lawsuit might be worth pursuing.
Understanding New York’s no-fault insurance law
On Behalf of Simon & Gilman, LLP | Jul 9, 2020 | Motor Vehicle Accidents |
If you sustained injuries in a motor vehicle accident and are trying to heal, insurance claim matters may cause you stress. You may wonder how you will financially recover from unexpected expenses relating to the accident.
Understanding the basics of New York’s no-fault insurance law may make this challenging time easier.
What is no-fault insurance?
New York is a no-fault state, meaning individuals injured in automobile accidents may receive benefits to cover financial losses up to a $50,000 threshold. Your personal injury protection from your own insurance will cover limited expenses. No-fault insurance kicks in to help claimants pay for lost wages, medical bills and rehabilitation costs. Some other benefits may be available depending on your specific policy with your insurance company.
When should you file a no-fault claim?
Different parts of a no-fault claim have certain deadlines. Within 30 days of the motor vehicle accident, you should file all no-fault claims. Submit health care bills within 45 days of receiving treatment. Any other necessary expenses such as loss of earnings have a submission time frame of 90 days.
If you were a passenger or driver in the car involved in the accident, you should file the no-fault claim with the insurance company that covers that car. If you were a pedestrian involved in an automobile accident, you can file with the insurer of the car that hit you.
What happens if your expenses exceed $50,000 or you sustain a “serious injury”?
If the expenses arising out of your injuries meet the no-fault limit, then you may apply for optional, inexpensive coverage called Additional PIP benefits. If this option is not available, then you can try to recover medical expenses by applying for Social Security Disability benefits or making a standard health insurance claim.
You may also elect to recover compensation through a civil lawsuit by suing the party responsible for the accident.
Why are so many pedestrians losing their lives?
On Behalf of Simon & Gilman, LLP | May 28, 2020 | Firm News |
Owning a vehicle can be expensive, and many people who have the option of taking public transportation or walking are choosing to do so. However, walking to the bus stop, the store or the office comes with its own risks.
In New York, and across the nation, pedestrian deaths are on the rise. Experts give their opinions on why fatalities are climbing.
The vehicles
According to the Governors Highway Safety Association data, pedestrian fatalities increased 41% between 2008 and 2018, and one reason may be the size of vehicles. SUVs, pickup trucks and crossover utility vehicles have progressively grown bigger and heavier. When one of these hits a pedestrian, injuries are liable to be more serious.
The National Transportation Safety Board recommends changes in vehicle design as one way to bring down the number of deaths. SUVs typically strike an adult in the torso area, while cars may strike an adult in the legs. A person may roll up onto the hood of a car or to the side of the vehicle after the impact. However, when a vehicle with higher ground clearance hits, the victim is likely to fly forward and suffer further impacts, or even become trapped beneath the vehicle and dragged.
The drivers
Many experts believe smartphones and other electronic distractions may be the greatest contributor to pedestrian accidents. The Zebra surveyed 2,000 U.S. drivers in January of this year and found that 28.6% admit that their biggest distraction while driving was texting. Even though they believe it is dangerous behavior, many feel pressure to read and answer texts and emails as soon as they receive them, regardless of whether it is safe. Video chatting and taking pictures and videos were slightly less common driving distractions.
Cellphones are not the only things taking people’s minds off driving and hands off the wheel, though. Over 56% of the survey participants said that they eat or drink while behind the wheel. Any distracted driving behavior makes a person less able to respond in an unexpected traffic situation.
While drivers should always be vigilant in watching for pedestrians, many motorists simply fail to see them.
Law Firm Wins Policy for Cyclist
On Behalf of Simon & Gilman, LLP | May 26, 2020 | Firm News |
Brooklyn, NY-May 25, 2020: A client who was on a scooter last year on his way to work was injured when a motorist made a left turn into him, causing him to be knocked off the scooter and sustain serious injuries. The insurance company for the driver denied liability for the accident, arguing that the scooter was traveling in a lane that was not designated for travel. Simon & Gilman, LLP, however, strongly believed in the client’s case, and that the insurance company was taking an unreasonable position. They subsequently filed a lawsuit in Supreme Court. The firm was able to secure video footage of the accident. In early March, a full day of extensive questioning occurred at the depositions of both parties – after which it became clear that the plaintiff’s position on liability became stronger than ever. This caused the insurance company to reconsider its position. As a result, the insurance company just this past month ended up paying the client the maximum amount available under the insurance policy. Last week, the check was mailed to the client.
All the more remarkable is the fact that the settlement for the above client was procured during, and in spite of, the current pandemic. Simon & Gilman, LLP remains fully operational, accessible and open for business, serving all its clients during this important time.
On Behalf of Simon & Gilman, LLP | May 7, 2020 | Firm News |
The workers’ compensation system is designed to remove fault from workplace accidents. In other words, even if you are entirely to blame for an accident that resulted in your injury, you are still eligible to receive workers’ comp benefits.
If your employer is to blame, you can’t sue your employer for additional damages. You’re limited to a workers’ compensation claim. However, if a party other than your employer caused or contributed to the accident, you may have a third-party liability claim.
Pursuing additional damages from negligent parties
Construction sites are full of multiple people operating under different subcontractors, and occupational hazards are around every corner. How do you know if you have a potential claim against a negligent third-party? It depends. If you drop a tool you’re carrying on your foot, workers’ comp will probably be your only source of recovery. However, if an outfit other than your employer improperly installed scaffolding, and you’re hurt in a scaffolding collapse, you may have a third-party liability claim.
Determining liability for a construction site accident can be a complicated process. With numerous subcontractors covered by multiple insurance carriers, it can be challenging to know where to assign liability. You should discuss your situation with a skilled professional who can help you assess your options.
A personal injury claim can help you recover the full damages to which you’re entitled
While workers’ comp benefits can be useful in the short-term, they rarely provide you with enough compensation to account for your losses entirely. A personal injury claim brought against a negligent third-party can help you recover additional damages. This can provide you with the additional help you need to begin moving forward with your life.
On Behalf of Simon & Gilman, LLP | May 1, 2020 | Firm News |
Whenever people step into the street, they are taking a risk. Even though they have the right to share the streets with vehicles, it is dangerous. Using sidewalks and crosswalks, wearing bright colors and carrying a flashlight at night can reduce the risk.
Some factors, such as heavy traffic, many lanes and high speed limits, make intersections even more hazardous. However, it is distraction, speeding and other careless or negligent driver behaviors that most often put pedestrians’ lives in danger.
The deadly collision
According to the Queens Daily Eagle, an early morning collision recently killed a local pedestrian. A little before 2 a.m., an SUV struck a man as he attempted to cross multiple lanes near the intersection of College Point Boulevard and Booth Memorial Avenue. When law enforcement arrived on the scene, the victim was unconscious and did not revive. The authorities pronounced him dead at the scene.
The police investigation
The driver of the vehicle performed a U-turn and drove away after striking the victim. Law enforcement officers are still conducting the investigation into the hit-and-run crash and have not made any arrests. The report does not mention whether the authorities have any leads in the case.
Wrongful death cases
Even in hit-and-run cases, traffic cameras, security video from nearby businesses and witnesses may provide the information needed to hold the responsible party liable. Families often seek justice in wrongful death cases, but courts frequently award considerable monetary damages, as well. If the driver’s action was especially shocking or outrageous, a judge may also award punitive damages, not only to punish the driver but to deter others from taking similar actions in the future.
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