Fatal Crash Raises Distraction, Licensing Issues

A crash in a Brooklyn neighborhood famous for its over-the-top Christmas displays left an eighty-nine-year-old woman dead last week. It also raised new concerns about the reliability of the vetting done by car services: The victim was a passenger in a hired car, and after the crash, it was discovered that the driver of the vehicle was operating on a suspended license.

Slammed at Intersection

The collision took place in the middle of the afternoon on December 17 in Dyker Heights. A passenger car slammed into another vehicle at the intersection of 81st Street and 11th Avenue; the struck car then crashed into another vehicle parked nearby.

The driver of the struck vehicle and both of her passengers, the victim and a second woman, were injured and taken to a nearby hospital. The driver and second passenger were not seriously hurt, but the elderly victim succumbed to her injuries.

According to reports, the driver who caused the crash told police that she first came to a complete stop but didn’t see the other vehicle until she was already accelerating into it.

Still Investigating

It was initially reported that the victim was in an Uber ride-hailing vehicle, but this was later clarified. The car was being used as a taxi-like service, but it was not an Uber. However, shortly after the crash, NYPD arrested the driver of the struck vehicle for operating on a suspended license.

Depending on the circumstances, that charge can lead to a fine and possible jail time. The driver who caused the crash has not been charged with any violation, but the crash was still being investigated.

Distraction an Issue?

The crash was publicized as happening in a section of the city renowned for its “Dyker Lights” holiday displays, which the local civic association says attracted around 100,000 visitors last year. However, there has been no indication that the lights were a factor in the crash (or how visible they even are from two blocks away).

At this time of year, public safety watchdogs often issue warnings about the fire danger that dry Christmas trees and poorly maintained Christmas lights can pose, and we also occasionally see reports of parking problems, as well as neighborhood disputes over displays that go too far.

Vehicles have crashed into displays before, and there was an incident last month of a pedestrian killed near a large display. But we haven’t heard of injuries or deaths related to distracted drivers at light displays—so far.

Brooklyn Car Accident Lawyer

Car crashes happen for all kinds of reasons: speeding, distractions, and drunk driving to name just a few. When you or someone close to you has been the victim of an accident, Greenstein & Milbauer, LLP can help, regardless of the circumstances.

Give our team of experienced motor vehicle accident attorneys a call today to schedule a free, no-obligation consultation to discuss your case. Call us at 1-800-VICTIM2 (842-8462) or complete the form below now for more information.

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Parking Argument Flares into Stabbing, Car Rammed into Crowd

For the second time in less than a month, a parking-related incident might have been behind a New York City motor vehicle fatality. This time, a twenty-three-year-old Queens man has died after coming to the aid of two men who were stabbed in a fight.

The victim was among at least six people who were hit by a car that was reportedly driven onto the sidewalk after the stabbing. In a sad turn, the deceased man was a close friend of the driver.

Multiple Victims Hospitalized

NYPD officials said the incident began as a parking dispute outside a hookah bar in Richmond Hill. Around 4:30 on the morning of December 3, three men reportedly got into an argument at or near the corner of 129th Street and Liberty Avenue.

The fight might have been sparked by a bump as one driver was parallel parking. But things got out of hand quickly, with one man leaving his car and stabbing two others. It’s not clear whether those injuries were life-threatening.

That was not the end of it. Others on the scene chased the man who had allegedly done the stabbing, who hopped back into his car and drove off. He didn’t go far, but instead turned around and drove onto the sidewalk at full speed, apparently aiming for the men he’d stabbed.

He crashed into a crowd, killing one bystander and causing severe injuries, including a broken leg, a broken pelvis, and a head injury, to others. One victim was reportedly in critical condition.

Aggression Caught on Video

The toll from this reckless and aggressive behavior could have been even worse: Video from the scene (which did not capture the crash) shows the car speeding down the sidewalk, followed by a second vehicle—reported to be witnesses pursuing the first driver.

His Own Friend

It’s come to light that the driver was friends with the victim and they had driven there together. He claims that he does not remember what happened that night because he had been drinking heavily. He’s been held without bail on serious charges, including murder, assault, and reckless endangerment.

Pedestrians Unwitting Targets

Accidents involving pedestrians are an unfortunate fact of life in New York City. In 2016, a total of 148 pedestrians were killed by motor vehicles.

This year has seen a number of headline-grabbing incidents, including a May crash into a crowd in Times Square that killed one and injured twenty-two and a deliberate ramming attack near the World Trade Center in October that left eight dead and twelve injured.

NYC Car Accident Lawyer

When you’ve been the victim of any kind of crash involving a motor vehicle, whether you were another driver, a passenger, or a pedestrian, you may want to speak with an experienced car accident attorney for help with your case.

Call Greenstein & Milbauer, LLP today to schedule a free, no-obligation consultation to discuss your unique case. You can reach us by calling 1-800-VICTIM2 (842-8462) or filling out the form below.

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Dump Truck Runs Over Manhattan Cyclist

A woman was run over by a dump truck while bicycling on a Lower East Side street earlier this month. According to reports of the November 15 accident, the truck crushed both legs of the victim, a fifty-year-old nurse.

She may have been pinned under the wheels for a time, and the injuries are so severe that she might lose a leg. She was fortunate in one respect, as a medical student witnessed the crash and was able to administer first aid immediately.

Driver Previously Suspended

The driver remained at the scene after the crash at Stanton Street and Ridge Street and was arrested when he was found to have been operating with a suspended license.

Driving with an invalid license—which broadly covers expired, suspended, revoked, and no license at all—is a serious problem. A few years back it was estimated that more than one in six fatal crashes were caused by invalid drivers. An analysis by AAA also found that in late-night crashes, drunk driving crashes, and hit-and-run crashes the chance of an invalid driver causing the crash was increased.

But these studies couldn’t get a handle on how many drivers are out there with invalid licenses. It’s difficult to pin down the total, but rough numbers suggest that at least one in eight drivers nationally is driving on a suspended, revoked, or expired license—or never earned a license to begin with.

Cyclist at Fault . . . Does It Matter?

News reports of the Stanton Street crash have noted that the cyclist may have been traveling in the wrong direction on a one-way street. Does that make any difference?

In some places it might. It depends on whether a state’s legal system uses contributory negligence or comparative negligence to determine fault.

A handful of states still use the legal doctrine of pure contributory negligence, which blocks an injured party from receiving any compensation if they were in any way responsible for the damage, even if their responsibility was tiny. For example, if you stepped off the curb into a crosswalk without looking both ways, even though you had the walk signal, and were then hit by a speeding driver who ran a red light while fleeing the scene of a crime, it’s possible (although not likely) that a court would find that you contributed to your injury by not checking the street.

States with less archaic legal codes allow victims to make a claim for damages even when they’re partially to blame. Using comparative negligence, most states allow victims to make claims as long as they’re judged to be 50 percent or less responsible, although the damage amount will be adjusted based on the assignment of blame.

New York (with eleven others) is a pure comparative negligence state. Here, an injured person can recover some fraction of the damage even if they were more responsible for it than anyone else. In theory, even if the victim is 99 percent responsible, a victim can still collect one percent of the damage amount from other parties.

New York Truck Accident Lawyer

Whether you’ve been the victim of a truck accident, a car accident, or a bus accident; whether you were another driver, a bicyclist, or a pedestrian; Greenstein & Milbauer, LLP understands all forms of motor vehicle accident law and we can help.

Our attorneys have years of experience helping the victims of truck accidents and other crashes, and we’re ready to schedule a free consultation to discuss your case. Give us a call today at 1-800-VICTIM2 (842-8462) or contact us online through the form below to learn more.

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Fire Extinguishers Recalled Over Failure Risk

One of the United States’ largest fire safety products companies has issued a sweeping recall that affects some of its products manufactured as far back as 1973. The November 2 announcement, coordinated with the U.S. Consumer Product Safety Commission (CPSC), covers 134 models of fire extinguishers manufactured by Kidde.

Consumers are cautioned that the affected extinguishers can fail to work in an emergency and that their nozzles can detach with enough force to be a hazard. Anyone who owns an extinguisher covered by the recall should contact Kidde for a replacement.

More Than 40 Million Units

The recall includes over 40 million total units, with the majority (37.8 million) sold in the U.S. and the rest sold in Canada. According to the recall notice, the problem involves the potential for these models to clog and not work when needed.

In addition, the nozzles can sometimes detach almost explosively when used. The company and the CPSC have received 391 reports of failure, including ninety-one reports of property damage and sixteen reports of injuries (most of which are believed to have been due to fires that the extinguishers were unable to put out).

One Fatality Attributed

A defective unit has been blamed for one death. In August 2014, a twenty-two-year-old Pennsylvania man died after his car struck a tree and caught fire. Emergency personnel were unable to get their extinguishers, which are included on the recall list, to work at the scene. The man’s family has since settled with Kidde.

The complete list of models covered by the recall is extensive. Units were produced as recently as this September and sold by department stores, hardware stores, and online retailers with prices from as little as $12 to as much as $200.

The CPSC notice includes all the affected models, as well as instructions for identifying them. Some models were distributed as included equipment in commercial trucks, RVs, and even boats, and specific information for those units is also available.

The CPSC reminds consumers that selling a recalled product is against the law. In theory, you could be hit with a $100,000 fine for doing it—although, as far as we know, only manufacturers and retailers have ever been prosecuted.

NYC Product Liability Lawyer

Most manufacturers pride themselves on making safe products that do what they’re designed to. But things can go wrong due to a design flaw, a manufacturing defect, or some other circumstance.

Most companies act quickly to accept responsibility and correct problems once they’re discovered, as Kidde seems to have done in this case. But not all businesses behave so well. Some make efforts to cover up problems, and in the worst cases, some have even produced and sold products they knew to be hazardous.

When you or someone close to you has been harmed by a defective product, give Greenstein & Milbauer, LLP a call. Our attorneys have years of experience with product liability cases, and we always put victims first. Reach us at 1-800-VICTIM2 (842-8462) or fill out the form below to schedule a free consultation today.

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Drunk Driver Tries to Flee Scene . . . In Firetruck

A multi-vehicle crash in Manhattan last week reads like something from a comedy routine, but the end result was no joke: After crashing a rented truck into seven other vehicles—and injuring nine people, including four seriously—a drug-impaired driver tried to flee from the crash in a firetruck that had responded to the emergency.

The driver, who was on parole for felony weapons convictions, attacked a firefighter who was in the truck at the time and was then restrained by other firefighters.

Quiet Sunday Afternoon Disrupted

The driver behind the mayhem, a thirty-six-year-old man from Brooklyn, was arrested at the scene and charged with several offenses, including reckless endangerment, assaulting a firefighter, and multiple drug charges.

Video from the scene shows pedestrians scattering during the initial crash, which happened while some were sitting down for Sunday brunch, and firefighters are later seen struggling to subdue the man. None of those injured were seriously hurt, but eight were taken to Roosevelt Hospital for treatment.

Drugs and Alcohol Still Problems

While this incident was strange and extreme, drunk driving crashes are still too common. New York State saw more than 8,000 in 2016, leading to more than 4,000 injuries and 247 deaths. Nearly 5,600 alcohol-related crashes have been reported so far this year, but the statistics always lag behind, and the 2017 total might pass last year’s mark. Fewer crashes have been blamed on drug use (1,600 in 2016), but their effect is just as bad: 241 deaths were blamed on them last year and ninety-one so far in 2017.

But the trends have been positive in recent years. Drunk driving arrests were down noticeably in 2015 (the most recent year with complete data), and after a tougher law went into effect in 2012, nearly 4,000 licenses were permanently suspended (with another 3,500 blocked for five years). Efforts to improve highway safety haven’t been abandoned.

New York Truck Accident Lawyer

No amount of laws, or of stepped-up enforcement, can prevent every driver from doing something dangerous, like driving under the influence of alcohol and drugs. Even when only a few reckless drivers are out there, they’ll cause harm to others.

When you or someone close to you has been the victim of a crash, it’s important to hold those who caused it responsible. Victims often have major expenses due to hospital bills, and the ongoing cost of recovery and rehabilitation can be significant. You might also lose wages or salary because of time away from work, and in the most serious cases, a victim may not be able to return to work for an extended period of time—if ever.

Call on the truck accident attorneys at Greenstein & Milbauer, LLP to help. We’ve assisted thousands of people with their motor vehicle accident cases, and we offer every new client a free consultation. Call us today at 1-800-842-8462 or contact us online through the form below to schedule yours.

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Brooklyn Pedestrian Hit by Motorcycle

A man was rushed to the hospital in critical condition after being hit by a motorcycle while crossing a Brooklyn street. The biker was also hospitalized in serious condition. Exactly how the crash happened and who is at fault has not been reported, but the crash occurred on Pennsylvania Avenue at the intersection with Fulton Street at 6:30 a.m. on October 8.

Impact Caught on Camera

The victims, a twenty-eight-year-old man and a forty-eight-year-old man, were transported to Jamaica Hospital. Officials have released conflicting information about which man was driving the motorcycle and which was the pedestrian. Early reports that a third victim was involved might have been erroneous.

Surveillance video from the scene shows the crash, and the biker apparently had a green light. It’s not clear whether the pedestrian was fully visible or speed was a factor. Debris was scattered at the scene, while the bike came to rest about a block from the initial crash site.

Risk Always Present

The details of every crash are not always determined to everyone’s satisfaction. Sometimes, it’s clear who is responsible for an accident, but in other cases, the facts can be elusive.

Motorcyclists are responsible for some crashes but are the victims of others. Last month, a biker on Staten Island was killed in what was described as a hit-and-run crash with a truck, although police said it was possible the truck driver was unaware of the collision.

Another biker, an EMT, was killed in Brooklyn that same week, also in a hit-and-run, while crossing the Kosciuszko Bridge. The same morning as the Fulton/Pennsylvania crash in Brooklyn, an NYPD officer in the Bronx was struck while riding a department scooter to participate in a Columbus Day parade. He suffered major, possibly crippling, injuries to his leg.

Across the Hudson, three Union City police officers were injured this month when two motorcycles roared into an accident scene they were investigating. Two of the officers and one of the motorcyclists were hospitalized.

Brooklyn Motorcycle Accident Lawyer

Motorcycles only make up 2 percent of registered vehicles in New York City, but they are involved in a disproportionate number of total crashes (14 percent in 2014). More than 4,600 people were injured in those crashes, and 148 were killed. While more than one-third of those incidents were single-vehicle crashes, the rest involved at least one other party: a passenger car, a truck, a bus, or a pedestrian.

When you’ve been the victim of a crash caused by a motorcycle, or you were operating your bike and were struck by another vehicle, it’s vital that you have an experienced motorcycle accident attorney by your side as you pursue compensation.

The attorneys at Greenstein & Milbauer, LLP have helped hundreds of clients reach successful resolutions to their cases. Call us today at 1-800-VICTIM2 (842-8462) or fill out the form below to schedule a free appointment to discuss your case.

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Queens Bus Crash Kills Three, Injures Seventeen

The early morning rush hour in Flushing turned into a scene of horror on a Monday morning last month when a charter bus careened through a red light and struck an MTA bus. The charter struck the MTA Q20 line bus so hard that it spun it entirely around, and then the charter continued on to crash into parked cars and a building, starting a small fire.

The driver of the charter was killed in the crash, as were two pedestrians at the scene when the buses went onto the sidewalk. Seventeen others on the MTA bus and the street were injured, with three victims reported to be in critical condition a day after the accident. There were no other injuries or fatalities on the charter because it was empty at the time of the crash.

Blame Being Assessed

So far, everything points toward the charter bus driver causing the September 18 crash. The National Transportation Safety Board (NTSB) became involved immediately, and their preliminary investigation found that the charter was speeding: It was doing between 54 and 62 mph when it rammed the MTA bus, which was taking a right from Main Street to head east on Northern Boulevard.

That information was derived from video surveillance recordings at the scene and is supported by eyewitness accounts. Another driver said she saw the bus run at least two red lights while speeding eastbound on Northern Boulevard immediately before the collision.

The NTSB hasn’t made a final determination, and will look into all aspects of the crash, including an analysis of three electronic recording devices (“black boxes”) recovered from the buses. Blood samples from both drivers will be checked for substances that could cause impairment.

Additional Allegations

It’s already come to light that the charter driver had been fired by the MTA in 2015 because of an off-duty drunken driving crash. He was, however, still legally allowed to hold a commercial license and to drive a bus. It’s been reported that the charter company did not report new hires properly to the state or run thorough background checks. The charter company, Dahlia, is known to have had at least two other fatal crashes since 2003, resulting in three deaths.

At least one victim injured in the incident has announced that he intends to sue all those determined to be responsible for the crash.

NYC Bus Accident Lawyer

Pursuing a personal injury claim caused by a bus accident can be a complicated matter. The actions of the driver make him or her an obvious part of most cases, but the bus company likely has some responsibility, either because of its hiring or training practices or for some other reason. Bus manufacturers or maintenance providers might also be parties to a suit if a crash was in some way caused by a defective part or bad repair work. Still others might have played some role.

The team at Greenstein & Milbauer, LLP has experience with bus accident cases and understands their complex nature. Give us a call at 1-800-VICTIM2 (842-8462) or contact us online through the form below to discuss your case free of charge and get the process started.

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How Does Dog Bite Law Work in New York?

If you’re asking this question, you probably have a good reason: You or someone close to you has been bitten, or you’re worried about a dog in your neighborhood. Or maybe your dog has bitten someone and you need to know what you could be liable for (as a dog owner, you should already know this, but it’s better late than never). Let’s get to some answers.

Legal Approaches: Strict Liability vs. the ‘One-Bite Rule’

Dog bites are usually handled in one of two ways, depending on a state’s laws: Either a state enforces strict liability or it follows what’s known as the “one-bite rule.”

Strict liability demands that a dog owner is responsible for all harm caused by the dog, regardless of whether the owner had any reason to think the dog was dangerous.

The “one-bite rule,” on the other hand, can let an owner off the hook the first time a dog causes harm. Under this approach, an owner is not held responsible if he or she had no knowledge up to that point that the dog was dangerous.

These laws don’t actually give a dog and its owner “one free bite,” but they require that some action by the animal—such as threatening others, fierce barking, jumping on people, or fighting with other dogs—would lead a reasonable person to suspect that the dog might be dangerous.

New York Is a ‘Mixed’ State

Some states mix the two approaches, having both strict liability and allowances for dogs not previously known to be dangerous. New York is one of those states.

If a dog has already been determined to be dangerous (or should have been), then the owner can be held strictly liable for any harm caused by that animal. That applies to people and pets, farm animals and livestock, and service animals.

But if a dog hasn’t previously been deemed “dangerous,” its owner can still be held responsible if the victim can prove that the owner was negligent. If, for instance, an owner didn’t leash his dog properly or keep it in a secure enclosure, and that dog ran off and bit someone, the bite victim might be able to recover damages from the dog’s owner if he can show that the owner’s actions were careless and led to the injury or other damage.

Exceptions to the Rules

New York law isn’t entirely unforgiving. (The statute is more than eight pages long—we’ve done the hard part and summarized the important details.)

Police dogs doing their job are exempt from this law. If a dog is defending a person against a crime (an assault or robbery, for example), the dog won’t be considered dangerous, and the owner won’t be held liable. If a dog is protecting itself or its offspring, any harm it causes in response might be considered justified.

Also, if a dog was subjected to pain and suffering or the dog or a person or animal known to it was threatened or harmed, the law may excuse any injury that results.

Penalties Can Add Up

Dog owners found guilty of causing harm through negligence can face misdemeanor criminal penalties up to a maximum of a $3,000 fine and ninety days in jail. But they can also be forced to pay for any medical costs and physical damages caused by their animal, which can add up to a lot more.

Non-economic damages can also be sought by dog bite victims (for pain and suffering) when a dog qualifies as dangerous or negligence is proven.

New York Dog Bite Lawyer

If you’ve been harmed by a known dangerous dog or by any dog through the negligence of its owner, you have the right to recover financial damages from that animal’s owner to cover all your expenses—and possibly additional pain and suffering.

Talk to Greenstein & Milbauer, LLP to understand your options. For years, the attorneys at our firm have helped clients reach full and fair settlements in dog bite injury cases. Call us today at 1-800-VICTIM2 (842-8462) or fill out the contact form at the bottom of the page to schedule a free consultation.

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Cellino & Barnes Splitting Up?

Everyone in NYC has seen a commercial for Cellino & Barnes at one time or another. Now, reports are that the firm may be on the verge of splitting up. As with any high-profile company, reports of internal conflict have fueled media reports speculating on what’s really happening behind closed doors.

At the heart of everything is a lawsuit that has been filed by Ross Cellino against his partner Stephen Barnes, apparently seeking to dissolve the firm and end their business relationship. Obviously, this is a dramatic course of action that has left many on the outside wondering about what’s caused it. After all, Cellino & Barnes is a highly successful law firm, so the fact that one of the firm’s partners evidently wants out has raised more than a few eyebrows.

Nepotism Involved?

According to some media reports, the partners’ relationship began to deteriorate after Barnes refused to hire Cellino’s fresh-out-of-law-school daughter, citing the need to avoid bringing nepotism into their business. This reasoning might have been plausible—and even laudable—were it not for the fact that Barnes’ brother and girlfriend had already been working at the firm for several years.

Still, while this dispute might have been a turning point for the two attorneys, no one is yet claiming that it’s part of the rationale behind Cellino’s decision to take legal action against his partner.

Management and Business Practices Cited

Instead, confidants claim that Cellino has become increasingly unhappy with the overall management style and direction the firm has taken. Reports state that he feels it has become too aggressive in some regards, and that his concerns have fallen on deaf ears with no course correction being taken.

Because of this dissatisfaction, Cellino now seeks to dissolve the firm so that his name is no longer attached to it. Obviously, this leaves a number of questions that don’t have obvious answers, many of which directly concern injured victims with cases in progress:

• What will happen to the ongoing cases the firm is currently working on?
• Will the legal dispute cause delays in investigations and settlement negotiations?
• Will the lawsuit become a distraction for the rest of the firm?
• Will the disagreement pull resources away from client cases?

These are all legitimate concerns, none of which have a readily apparent answer.

NYC Personal Injury Attorneys

At Greenstein & Milbauer, LLP, we provide injured victims with the best-quality legal representation available. We know how to properly value a claim, and we know how to negotiate a full settlement and win in court during trial. We make it our mission to ensure that our clients don’t get taken advantage of by the insurance companies. Just like our motto says: Don’t be a victim twice.

What’s more, we make it easy for clients to switch their cases over to us, whatever the reason may be. If you would like to learn more during a free consultation, just give us a call at 1-800-VICTIM2 (842-8462) or complete the form at the bottom of this page.

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Need to Change Lawyers?

People sometimes ask us “Why is your motto ‘Don’t be a victim twice’”? Well, we know accidents are sometimes unavoidable. But while accidents are unavoidable, choosing the wrong attorney is avoidable. At Greenstein & Milbauer, LLP, we feel strongly that you should not be a victim twice by first being involved in an accident and second by choosing the wrong attorney. Don’t be a victim twice. Call 1-800-VICTIM2.

If you’re experiencing problems with your current lawyer, you should consider switching personal injury lawyers. Do any of the following sound familiar?

• My lawyer doesn’t take my calls
• My lawyer doesn’t return my calls
• My lawyer doesn’t return my emails
• I can never speak with my lawyer
• My lawyer doesn’t treat me with respect
• My lawyer was rude to me
• My case is taking too long
• My lawyer’s firm is going out of business
• I am never informed of the progress of my case
• My case is a low priority for my lawyer
• My lawyer is too busy for me
• My lawyer has too many clients to make time for me
• I am not getting the personalized service I deserve
• I never spoke to a lawyer
• I never spoke to a named partner
• They want me to accept a low offer

If you’re involved in a personal injury case, switching attorneys is a very simple process. You don’t even have to tell your old firm they’re fired because we do it for you. You don’t even need to contact them—we do.

You simply sign a new retainer agreement with your new attorney. You also sign a “Consent to Change Attorney” so the court system can change the attorney of record on your case. Lastly, you sign a “stop work” letter which instructs your prior attorney to stop working on your case and not to contact you. Your new attorney will get your file from your old attorney.

As far as the costs of changing lawyers, it won’t cost you a penny. Whether you have one law firm or ten, they all share the same contingent fee. It doesn’t increase the total attorney fee to be paid. The lawyers will work out an arrangement for splitting the fees.

Remember, don’t be a victim twice. Call 1-800-VICTIM2 or complete the form on this page instead.

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Fatal Garbage Truck Crash in the Bronx

Horrible road conditions led to the heart-wrenching death of a three-year-old girl in a car accident in the Bronx. Bruckner Boulevard, where the crash occurred, is known for its massive potholes. The road was undergoing repair work and had been freshly milled, leaving a sewer cap raised and exposed. The girl’s father slowed down and tried to avoid it when a garbage truck slammed into the car after trying in vain to brake quickly.

Adding to the tragedy is that the family and grandparents were in the car taking the toddler to her dance recital. Many bystanders worked to get the crash victims out of the car, and the girl was rushed to the hospital, but she passed away an hour afterward.

Road Conditions Extremely Hazardous

As for the condition of the boulevard, a News 12 report said that when roads are graded, they’re often left unpaved for a few weeks to allow time for utility crews to come in and take advantage of the exposed roadway. Video footage from days after the crash showed how drivers on the chewed-up road slow substantially to adjust to the still visible potholes and scratched-up surface.

A woman interviewed called the Bruckner a death trap, feeling the road and elevated platform above needed serious work. She feels threatened by those conditions, as well as the large number of trucks that crowd the thoroughfare.

Criminal Case or Personal Injury Case?

News accounts said no criminality was expected to be found in this case, and the private-company garbage truck driver remained on the scene and cooperated fully. But this case can be used as an example of how different elements can come into play in a crash and how looking at what happens when a company, government agency, or person acts improperly in a way that causes harm to someone else.

First, should the city have allowed a road that hazardous to be used while under repair? Could they have better marked dangerous areas or rerouted traffic temporarily into another lane? Also, did whatever agency or company who did the roadwork do anything that could be considered negligent with their work? Road crews often leave debris or tools in the roadway causing needless accidents and are held responsible in personal injury cases.

When there are cases with commercial drivers, a trucking company can get into trouble if they haven’t properly vetted them. If the employee has a suspended license or a record of drunk driving, the company is blamed in some states for allowing a liability to be on the road. If they don’t complete inspections and repairs and their vehicle then malfunctions and causes an accident, the blame is on them as well.

Insurance Company Involvement

In many cases, insurance companies pay out for the damages and injuries caused by the policyholder. However, personal injury lawyers can usually get them to pay more, and they know other ways to increase compensation if the insurance companies are reticent or the limits are inadequate.

Injury attorneys also know when more than one entity is at fault for an accident and how to draw compensation from multiple parties.

Bronx Auto Accident Lawyers

At Greenstein & Milbauer, LLP, we have a team of experts seasoned in getting the best results in New York City and Westchester traffic accident cases. If you’d like a free case evaluation to find out what we can do for you, call us now at 1-800-VICTIM2 (842-8462) or reach us through the online contact form below.

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Drunk-Driving Trucker Flees After Fatal Crash

A drunk truck driver headed to the George Washington Bridge slammed his semi into a car, leaving it “in shreds” and causing the death of an innocent twenty-five-year-old driver. His passengers, women ages twenty-eight and thirty-nine, were rushed alongside him to Harlem Hospital and treated for serious injuries. The truck driver fled the scene and was arrested in Ridgefield, New Jersey, at a Vince Lombardi Service Area.

The accident occurred near a bridge approach at 2:20 a.m. near West 180th Street and Amsterdam Avenue. The driver will be prosecuted by the Manhattan District Attorney but was charged with DWI by New York Port Authority officers.

Hit-and-Run and Drunk-Driving Penalties Clash

A NY Daily News story about hit-and-run crashes in New York cites that city council member Ydanis Rodriguez said that there are an average of 40,000 of them annually, with about one victim killed per week, and that Albany needs to act with tougher legislation. Many lawmakers are in agreement and fighting hard to protect citizens.

NYC Councilman Carmen De La Rosa is working on stiffening penalties for hit-and-run drivers, whom he says get lesser penalties than drunk drivers. This, he says, is causing drivers who know they have caused severe damage to flee the scene to sober up, since they can turn themselves in later, once the alcohol has worn off.

State Senator Marisol Alcantara and Congressman Adriano Espaillat proposed creating “a reward fund to assist the NYPD” to catch hit-and-run drivers. Legislators in Manhattan and Staten Island have been battling to make the charge of a fatal hit-and-run a class C felony, up from the current class D. They are also working to increase leaving the scene of a serious injury from a class E to a Class D felony. Mayor De Blasio has instituted laws to provide data from hit-and-run accidents and cause civil penalties. Legislators are also working on rewards for tipsters.

Drunk Driving a Problem

A known scourge, drunk driving still plagues our highways thanks to those who think laws don’t apply to them or that they can overcome the impossible task of conquering alcohol impairment. Drinking affects not only motor control and judgment, but also vision, making driving while intoxicated a complete disaster. According to Mothers Against Drunk Driving (MADD) there were 311 deaths last year, representing 28 percent of all traffic deaths. You can use this link to send a message to your state senator, state representative, or governor  to toughen drunk driving laws.

Protecting Yourself with Help from an Injury Attorney

As Carmen de la Rosa says, “The cost of losing a human life is irreplaceable,” and drunk driving is all too often lethal behavior. Victims can also face injury, disfigurement, and property damage. If someone causes your accident, they should pay for your damages now and for the foreseeable future. They also need to be held accountable.

Adding a hit-and-run to the mix means additional charges and trouble. If their negligence has affected you or your family, call 1-800-VICTIM2 (842-8462) or complete the form below to speak with Greenstein & Milbauer, LLP.

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Hoverboard Starts Deadly House Fire

Hoverboards have been wildly popular since their release in 2015, but they’re also proving to be wildly dangerous. Both a three-year-old and ten-year-old girl in Harrisburg were the tragic victims of a fatal fire started by a hoverboard charging on the first floor of a row house. Another girl who had been in critical condition has been released from the hospital. The victims’ father and a young boy had been treated for smoke inhalation. In a related, terrible traffic accident, a fire lieutenant was killed as he rushed to the scene to help put out the fire.

Why Do Hoverboards Explode

These self-balancing scooters are battery powered, and their batteries can overheat and catch fire or explode like the one in Harrisburg did. The family said it heard crackling and sizzling right before the incident.

Lithium-ion batteries are a growing concern, as they’ve been implicated in fires involving cell phones and other wireless devices. Their inner workings contain an anode, a cathode, an organic liquid, and a separator. Lithium flows between the parts. The problem is that they’re very temperamental, and if the process is thrown off or if the battery heats up too quickly, then a fire and an explosion can result.

Product Recalls

It is unknown whether the hoverboard in this fire was one of the recalled models. Ten companies have issued recalls, with some offering replacement batteries and others offering refunds for over 500,000 hoverboards. More information can be found through the US Consumer Product Safety Commission.

Recommendations for Hoverboard Owners

If you’d still like to purchase a hoverboard, the following recommendations have been made by acting commission chairperson of the CPSC, Ann Marie Buerkle:

Consumers should buy a model that follows the “Underwriters Laboratory’s safety standard, known as UL2272,” indicating that it’s made to prevent electrical components and the battery from overheating and bursting into flames. Other pointers are as follows:

• Don’t charge them overnight
• Do not charge them in unattended areas
• Keep a fire extinguisher nearby

And we’d like to add, completing any paperwork to register your toys and vehicles will allow manufacturers to notify you in case of a recall.

Product Liability and Human Harm

In February 2016, a hoverboard was blamed for a fire that destroyed a million dollar home. To quote the mother in that hoverboard fire, “The fact that a toy caused this kind of destruction . . . is just wrong”. This is why product liability laws exist. There are controls in place to hold companies responsible if their products hurt the public.

If you have been hurt by any product, you may have a good chance at compensation for your physical or emotional injuries. If you’ve been hurt by a product that is recalled, you have an especially good case.

Greenstein & Milbauer has in-depth experience with both product liability cases and personal injury law. Contact us today to find out how our experience with these kinds of cases leads to higher financial awards. Complete the form below or call 1-800-VICTIM2 (842-8462) for a free consultation.

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Popular Rifle the Target of Defective Product Claims

Could one of the most popular rifles produced and sold in the Unites States have a defect that causes it to fire without the trigger being pulled? Evidence suggests that this might be the case. In February, after thousands of customer complaints and years of denials, a class-action lawsuit against the manufacturer moved another step forward.

Ten state attorneys general also publicly expressed their opinion, writing to the judge that they believe the manufacturer knew or should have known that these guns were defective but continued to make and sell them. Up to 7.5 million of these potentially defective rifles are now in the hands of consumers.

 

Problem Suspected for Decades

The gun in question is the Model 700 rifle from Remington, which has been in production in one form or another since 1962. Internal documents show that Remington’s own tests found problems with the rifle’s trigger mechanism as early as 1975, and they considered a recall by 1979. Yet nothing was done until legal action pushed the company to reach a settlement at the end of 2014.

In the years before the settlement, the company received thousands of complaints, including some from law enforcement customers, and the misfiring trigger was blamed for more than twenty deaths and hundreds of injuries. The company reached settlements with some owners, including a $17 million payout to a gun owner who was accidentally shot in the foot and required an amputation. More than 150 lawsuits are known to have been filed over injuries and deaths blamed on the Model 700’s trigger.

 

Trigger Recalled

The original trigger mechanism—which even its designer worried was less safe than it could have been—was replaced in 2006. But the replacement trigger was also criticized, and Remington discovered that it could fire on its own up to 40 percent of the time in cold conditions, leading to a voluntary recall of 1.3 million rifles.

Critics argue, however, that Remington has done little to promote or execute the recall and has never admitted any problem with the trigger mechanism, in part because the total cost of replacement could be close to half a billion dollars.

 

Settlement Rejection Possible

The tiny number of rifles that have actually been repaired—roughly 22,000 of the 7.5 million made—has put the status of the class action against Remington over the Model 700 in limbo. The judge in the case has expressed concerns that the implementation of the proposed settlement has been too lenient. That small number of repairs means that an agreement anticipated to provide nearly $500 million in remedies has only cost the company “a very small payment . . . less than $3 million” says the judge. He’s expected to issue a ruling on whether the settlement is acceptable or if the class action should proceed to trial within a few weeks.

 

New York City Product Liability Lawyer

Any product can turn out to be defective, but responsible manufacturers act quickly to remove dangerous items from the marketplace. When a manufacturer doesn’t act, the government can step in to force a recall. When a known dangerous product is sold, affected consumers can turn to the legal system to force accountability on and win compensation from the negligent parties.

Guns have special status compared to other products, and they can only be recalled voluntarily—not by the government. However, a product liability suit can still be filed. If you or someone close to you has been harmed by a product with a defect in its design or manufacture, get in touch with someone who understands defective product law. Greenstein & Milbauer, LLP has experience with this type of case and offers a free consultation to all new clients. Call us at 1-800-VICTIM2 (842-8462) or contact us online through the form on this page to learn more.

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Popular Rifle the Target of Defective Product Claims

Could one of the most popular rifles produced and sold in the Unites States have a defect that causes it to fire without the trigger being pulled? Evidence suggests that this might be the case. In February, after thousands of customer complaints and years of denials, a class-action lawsuit against the manufacturer moved another step forward.

Ten state attorneys general also publicly expressed their opinion, writing to the judge that they believe the manufacturer knew or should have known that these guns were defective but continued to make and sell them. Up to 7.5 million of these potentially defective rifles are now in the hands of consumers.

 

Problem Suspected for Decades

The gun in question is the Model 700 rifle from Remington, which has been in production in one form or another since 1962. Internal documents show that Remington’s own tests found problems with the rifle’s trigger mechanism as early as 1975, and they considered a recall by 1979. Yet nothing was done until legal action pushed the company to reach a settlement at the end of 2014.

In the years before the settlement, the company received thousands of complaints, including some from law enforcement customers, and the misfiring trigger was blamed for more than twenty deaths and hundreds of injuries. The company reached settlements with some owners, including a $17 million payout to a gun owner who was accidentally shot in the foot and required an amputation. More than 150 lawsuits are known to have been filed over injuries and deaths blamed on the Model 700’s trigger.

 

Trigger Recalled

The original trigger mechanism—which even its designer worried was less safe than it could have been—was replaced in 2006. But the replacement trigger was also criticized, and Remington discovered that it could fire on its own up to 40 percent of the time in cold conditions, leading to a voluntary recall of 1.3 million rifles.

Critics argue, however, that Remington has done little to promote or execute the recall and has never admitted any problem with the trigger mechanism, in part because the total cost of replacement could be close to half a billion dollars.

 

Settlement Rejection Possible

The tiny number of rifles that have actually been repaired—roughly 22,000 of the 7.5 million made—has put the status of the class action against Remington over the Model 700 in limbo. The judge in the case has expressed concerns that the implementation of the proposed settlement has been too lenient. That small number of repairs means that an agreement anticipated to provide nearly $500 million in remedies has only cost the company “a very small payment . . . less than $3 million” says the judge. He’s expected to issue a ruling on whether the settlement is acceptable or if the class action should proceed to trial within a few weeks.

 

New York City Product Liability Lawyer

Any product can turn out to be defective, but responsible manufacturers act quickly to remove dangerous items from the marketplace. When a manufacturer doesn’t act, the government can step in to force a recall. When a known dangerous product is sold, affected consumers can turn to the legal system to force accountability on and win compensation from the negligent parties.

Guns have special status compared to other products, and they can only be recalled voluntarily—not by the government. However, a product liability suit can still be filed. If you or someone close to you has been harmed by a product with a defect in its design or manufacture, get in touch with someone who understands defective product law. Greenstein & Milbauer, LLP has experience with this type of case and offers a free consultation to all new clients. Call us at 1-800-VICTIM2 (842-8462) or contact us online through the form on this page to learn more.

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Woman Suffers Head Injury in Construction Scaffolding Accident

An innocent woman was struck in the head by construction debris as she walked in the Bronx with her two small children. She had to be rushed, bleeding from the head, to St. Barnabas Hospital with paramedics attending to her.

The accident happened in Norwood at 3160 Webster Avenue and E. 205th Street at about 1:00 p.m. when high winds caused a pole to come loose and hit the thirty-nine-year-old in the forehead. At the time of the accident, construction workers were taking down a sidewalk bridge. A stop-work order was subsequently put in place by New York City Buildings Department inspectors.

 

Injuries Appear Minor

While the woman was released later in the day in stable condition, this situation could have been much worse. Thankfully, her nine-month-old and three-year-old sons were unhurt, and hopefully the woman’s injuries were superficial.

However, the extent of head injuries is often not known until several weeks after an accident. It’s possible that the victim will suffer headaches, dizziness, and other symptoms of a concussion. In some cases victims can walk away from a bump to the head and later succumb to the symptoms of what’s known as a “brain bleed,” medically termed a subdural hematoma.

 

Construction Workers Protected

While it would not have covered the Bronx woman, New York City has a scaffolding law that protects construction workers who are hurt on the job. It mandates that construction companies inform workers of the danger they may face on each project and of the hazard of falling or being hit by something that falls.

This measure is quite unpopular with building companies as it restricts their actions and puts onus on them. Although this law does not apply to passersby, it illustrates the fact that businesses must act responsibly to keep people safe. The frequency of New York City scaffolding accidents is a preventable disaster.

 

Textbook Example of a Personal Injury Claim

This particular accident is a perfect example of a potential personal injury lawsuit. These types of legal matters arise when someone is injured because of the negligence or wrongful actions of someone else. This construction site had been problematic before when In August it had received a violation citation for air conditioning and heating equipment installation not adhering to its permit.

While there were high winds the day of this accident, it’s possible that the workers or the company they worked for did not act with the safety of the public in mind. If the Bronx woman did suffer serious head trauma or emotional damage, financial damages could be sought for any past or future medical expenses, any income lost due to an inability to work, and any other financial burdens or non-economic losses caused by the accident or injury.

Personal injury law exists to help New Yorkers who have been hurt by someone or something else. Many cases can be worked out with insurance companies and never go to trial. However, the insurance companies prey on people’s ignorance regarding how much their case is worth. The end result is people walking away with what they consider decent money when they’ve actually been short-changed.

 

New York City Construction Accident Lawyers

Greenstein & Milbauer, LLP has been helping clients get the highest financial awards possible for decades. Our years of experience fighting insurance companies and presenting the strongest evidence available are evidenced by our many satisfied clients.

If you or anyone in your family has been affected by someone else’s wrongdoing, give us a call. You’ll get a free consultation with one of our knowledgeable lawyers. Call 1-800-VICTIM2 (842-8462) today or complete the form below to find out what your case might be worth.

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Road Rage Harms Innocent Bystander

A Brooklyn teenager who was standing on a sidewalk while engrossed in his cell phone was the victim of a road-rage incident he had nothing to do with. The fourteen-year-old was playing a video game on a Greenpoint corner when a Porsche SUV struck him and sent him flying ten feet “like a rag doll,” according to a witness. After the incident, he was hospitalized and listed in serious condition but is luckily expected to recover.
The accident happened after a Honda’s driver was trying to get out of a parking spot and the SUV’s driver flew into a rage from having to wait while he pulled out. The Porsche’s driver aggressively tried to maneuver around the Honda only to be struck by it. The Porsche then peeled out and jumped the curb. After hitting the teen, the driver reportedly chose to yell at the Honda driver rather than assist the victim.

 

How to Avoid a Loose Cannon

Road rage incidents can be terrifying, with drivers purposefully rear-ending or sideswiping other drivers and stalking them. The chase often goes on for miles. Too many scared drivers get into secondary crashes as they try to escape the enraged driver on their tail.

The Brooklyn boy had no contact with this driver, and was a completely innocent bystander who was hurt anyway. However, many road rage cases are triggered by common things. The New York Governor’s Traffic Safety Commission suggests the strategies below to avoid setting off a potential aggressive driver. Remember to head to a police station if an aggressive driver starts tailing you. Do NOT go home.

If you suspect you’re dealing with someone under the effects of road rage, these tips can help you stay safe:

• Don’t Make Angry Hand Gestures – If you make the wrong one, the conflict might get up close and personal.
• Don’t Use Your Cellphone While Driving – Not only is this New York state law, but it’s also a huge trigger for aggressive types who think your cell phone use is inconveniencing them.
• Don’t Make Eye Contact – Avoiding the gaze of an aggressive driver can help prevent a vehicular assault.
• Don’t Tailgate – Trying to control a driver by getting up on his bumper is a good way to enrage him.
• Don’t Honk or Flash Your Lights – Aggravated minds will see this as a direct challenge.

 

Where the Law Comes In

Depending on whether violence or harm is involved in a road rage case, criminal charges will vary. In the case described above, the driver was charged with reckless endangerment, which can be either a felony or a misdemeanor depending on how the intent of the driver is perceived. As of the most recent reporting, the SUV driver was out on $1,400 bail.

As for the injuries and property damage sustained by the victims, a personal injury lawyer could initiate a civil case seeking damages for either the pedestrian or the Honda driver’s injuries. These damages could take the form of current and future medical bills, rehab expenses, lost pay, pain and suffering, and more.

 

New York City Auto Wreck Attorneys

Greenstein & Milbauer, LLP are well-versed in litigating New York City car accidents and know the best way to present road rage and pedestrian injury cases for maximum impact. We can give you a free consultation about your personal injury case. Call us today and find out why New York drivers come to us after being injured. Simply call 1-800-VICTIM2 (842-8462) or complete the form on this page to get started.

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More than One Hundred Injured in Brooklyn Train Crash

Commuters on the Long Island Rail Road (LIRR) received an unpleasant surprise last week when their train failed to stop properly upon arriving at Brooklyn’s Atlantic Terminal. The train crash will be investigated thoroughly, but preliminary reports suggest that the train was moving erratically as it approached the terminal and it’s been suggested that the driver could have been suffering from a sleep disorder. Up to 106 people were injured in the crash and transported to local hospitals for treatment, but none of the injuries were considered serious and there were no fatalities.

 

Not a Typical Commute

The train crashed on Wednesday, January 4 around 8:00 a.m. and was carrying 600–700 passengers. Some witnesses said they noticed nothing unusual at the time, but records show that the train had been moving in an unusual way.

Instead of pulling into the station at the correct speed, the train reportedly entered the terminal at more than double the normal speed and then decelerated and accelerated erratically, finally crashing into the safety device at the end of the platform while still moving at approximately 10 mph.

 

Compared to Hoboken Crash

Almost immediately, parallels were drawn between last week’s Atlantic Terminal crash and the crash of a New Jersey Transit train last September. In that accident, one person was killed and more than one hundred injured when a commuter train came into the station at double the speed limit and then hit the bumper at the end of a platform, causing structural damage to the station. The sole fatality, in fact, was a woman struck by falling debris.

An underlying cause of both crashes might also be the same. There’s a strong suspicion that the driver in that crash had a sleep disorder, which was diagnosed only after the crash, and that this was a major factor in the accident. The same problem was behind a 2013 Metro-North rail crash that killed four and injured seventy. Metro-North put a screening program in place after that 2013 crash, but the LIRR had not. That’s worrisome, considering that the Metro-North program found undiagnosed sleep disorders in 12 percent of its engineers.

 

A Foreseeable Accident?

The LIRR has a very good overall safety record. According to news sources, their last fatal crash was in 1951. But in light of the fact that sleep disorders were the suspected cause of two fatal train crashes in recent years and that so many of Metro-North’s engineers tested positive for them, one has to wonder if the LIRR was ignoring a huge red flag at the expense of customer safety. It’s a fortunate thing that no one was killed in the Atlantic Terminal incident.

 

New York City Train Crash Attorneys

Injuries and deaths involving trains happen all the time, but most people don’t hear about them. In 2013, there were nearly 900 deaths from rail accidents. The majority of them were people walking along tracks or rail workers themselves, but passengers are sometimes the victims.

If you or a loved one has been injured or killed in a railroad crash, turn to an experienced firm like Greenstein & Milbauer, LLP for help. We understand train accident law, and we offer a free consultation to discuss the specifics of your case. Give us a call at 1-800-VICTIM2 (842-8462) today to schedule a free consultation, or contact us online through the form below to learn more.

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Two Children Lose Fingers on Defective Slides—Is Your Playground Safe?

Have you ever wondered how safe the equipment is at your local park or school playground? We have all purchased products that have been recalled at one time or another, but when it comes to playgrounds, most parents feel that their children will be safe as long as an adult is watching out for them.

Many people also think that playground equipment at school and municipal parks is safe because they have strict standards when it comes to the safety of children. But this isn’t always the case, as many parks have either old and outdated equipment or equipment that has not been tested properly or even at all.

Just last month, two children lost fingers in traumatic amputations caused by a defect on a slide made by Playworld Systems. The company is now recalling 1,300 slides across the country that were sold to schools and municipalities over the last sixteen years. The side-welds on these stainless steel slides can separate and crack, allowing children’s fingers to get caught in the opening.

 

Consumer Products and Safety Testing

The government does not test most consumer products for safety before they hit the market. While some manufacturers or product makers may do their own pre-market quality testing, it may not be enough, and some companies may avoid it all together to keep costs low. Tragically, many safety hazards do not appear until consumers begin using products, which can result in serious harm and death.

The importance of product safety is crucial for makers of products and consumers alike. Recalls and lawsuits can cost companies millions of dollars, and when products cause accidents, consumers can be injured or killed, leaving their families devastated. So while Playworld Systems is offering free replacement slides and free installation, it’s too late for the children who lost fingers.

The Consumer Product Safety Act requires manufacturers, importers, distributors, and retailers to report injury incidents when a product causes injury. These companies are required to notify the Consumer Product Safety Commission (CPSC), the government regulatory watchdog responsible for protecting the public from hazardous products.

 

Holding a Negligent Manufacturer Accountable

Anyone who has suffered an injury due to an unsafe or defective product may be eligible for financial compensation. When a product is defective and causes injury, the creator, manufacturer, or distributor may be held accountable, depending on where in the chain the fault lies.

Product liability law is complex, and proving fault is a complicated process that requires the experience and knowledge of a capable product liability lawyer. In order to receive a fair settlement, it is important to have someone on your side who understands the details of product liability, from filing a claim within the statute of limitations to determining whether your case falls under negligence, strict liability, or breach of warranty.

 

A New York City Defective Product Attorney Can Help You

After being injured by a dangerous product, consult with the NYC product liability lawyers from Greenstein & Milbauer, LLP. We will aggressively fight for you right to recover the maximum compensation possible for your claim. With dedication and compassion, we are here to help you get the settlement you need to get back on your feet.

Don’t let an insurance company or the legal system make a victim of you a second time. Instead, contact us at 1-800-VICTIM2 (842-8462). Your consultation is always free with no pressure or obligation—just answers and honest advice.

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