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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