Rosenberg & Rodriguez, PLLC

New York Ride-sharing Accident Lawyers

As ride-sharing services like Uber and Lyft reinvent how we get around town, those extra vehicles on the road are resulting in more accidents. Like other car accidents, you and your loved ones can be severely injured in a wreck when using a ride-sharing company. The injuries from such an accident are not going to go away, so you must act quickly to protect yourself and start building a case.  However, your next steps may be unclear when there is a ride-sharing company involved. You might not know where to file insurance claims or how much time you have, and the regulations in these areas are always changing. You need an attorney with experience in handling ride-sharing accidents.

The attorneys at Rosenberg & Rodriguez, PLLC have followed the growing popularity of ride-sharing companies and their associated risks. Our attorneys stay up-to-date on the latest rules and regulations for ride-sharing companies in the state of New York, and New York City. Let us handle your claim after a ride-sharing accident. At Rosenberg & Rodriguez, our lawyers are your best choice for properly filing claims with the insurance companies, and getting you the maximum compensation for your injuries.

Types of Ride-sharing Accidents We Handle:

ride-sharing

Accidents involving ride-sharing services come in many varieties. You may be a passenger in a ride-sharing vehicle, an employed driver, a third-party driver, or a pedestrian. The following list describes some common roles in a ride-sharing accident:

  • Ride-share driver injured in a crash caused by another driver.
  • Passengers injured in a crash caused by a ride-share driver.
  • Passengers injured in a crash caused by a third-party driver.
  • Third-party drivers or passengers injured in a crash caused by a ride-share driver.
  • Pedestrians or bicyclists injured by a ride-share driver.

With so many potential parties, filing a claim after a ride-sharing accident can get complicated. It is common to not understand where a claim should be filed or what your next steps should be. Laws and regulations for the insurance coverage that ride-sharing companies must provide are constantly changing, and vary based on locality. Especially in New York City, there are complex rules that ride-sharing drivers must follow, and specific insurance requirements for covered drivers. Without an experienced attorney, it is easy to overlook an involved party or a source of compensation. Let our attorneys at Rosenberg & Rodriguez handle your claim after a ride-sharing accident. We will identify all the responsible parties and potential sources of compensation.

Uber Insurance Coverage

An Uber driver’s personal auto insurance will not cover accidents which occur while driving for Uber. Uber’s insurance coverage for its drivers depends on the status of the driver at the time of the accident. In the state of New York (excluding New York City), Uber provides the following insurance coverage to its drivers:

  • Logged in, and waiting to match with a ride:
    • If the driver was logged into their Uber app and waiting to match with a ride at the time of an accident, then Uber provides the following coverage:
      • Up to $1.25 million in liability coverage
      • $50,000 for bodily injury per person / $100,000 for bodily injury per accident
      • $25,000 for property damage per accident.
  • Matched, or during a ride:
    • If the driver matched with a ride, is in route to pick up riders, or in the middle of a ride at the time of an accident, Uber provides the following coverage:
      • $1 million for 3rd party liability
      • Underinsured & uninsured motorist coverage
      • Comprehensive and collision repair coverage up to the cash value of the car

Within the five boroughs of New York City, there are special rules and regulations for Uber drivers. Rules and regulations in the state of New York mandate that ride-sharing companies provide more insurance coverage for their drivers operating in New York City. If you’re involved in an accident with a New York City (NYC) Uber driver, the following coverage is available, based on the driver’s status:

  • Logged in, and waiting to match with a ride:
    • $75,000 bodily injury per person / $150,000 bodily injury per accident
    • $50,000 personal injury protection (PIP) per injured person
    • Underinsured/uninsured motorist coverage:
      • $25,000 bodily injury per person / $50,000 bodily injury per accident
      • $50,000 coverage for death per accident / $100,000 coverage for deaths per accident
  • Matched, or during a ride:
    • $1.25 million for bodily injury and property damage per accident
    • Personal injury protection (PIP) for $50,000 per injured person
    • $1.25 million for underinsured/uninsured motorist coverage
    • Comprehensive and collision repair coverage up to the cash value of the car

Lyft Insurance Coverage

lyft insurance coverage

A Lyft driver’s personal auto insurance will not cover accidents which occur while driving for Lyft. Lyft’s insurance coverage for its drivers depends on the status of the driver at the time of the accident. Lyft states to offer the following coverage:

  • Logged in, and waiting to match with a ride:
    • Lyft provides 3rd party liability insurance for covered accidents if a driver’s personal auto insurance doesn’t cover:
      • $50,000 bodily injury per person / $100,000 bodily injury per accident
      • $25,000 property damage
  • Matched, or during a ride:
    • If the driver matched with a ride, is in route to pick up riders, or in the middle of a ride at the time of an accident, Uber provides the following coverage:
      • $1 million for 3rd party auto liability
      • Underinsured/uninsured motorist coverage
      • Comprehensive and collision repair coverage up to the cash value of the car

Steps to take if you’re in an Uber or Lyft accident:

  1. Remain at the scene of the accident. Evaluate yourself for injuries. Call 9-1-1 to report the accident and request emergency assistance if needed.
  2. Report the accident to the ride-sharing company using their app or website. The links below are available for Uber and Lyft:
  3. Hire an experienced ride-sharing accident attorney at Rosenberg & Rodriguez, PLLC to get you the compensation you deserve.

Safety concerns when riding with Uber or Lyft

Safety tips

As ride-sharing companies have become more popular, their associated risks have become clearer. Although ride-sharing companies have taken some measures to protect riders and drivers, there are still serious risks involved with getting into a driver’s car. The following are types of incidents which riders and drivers from the major ride-sharing companies have reported:

Motor vehicle accidents – when you get into a vehicle, there is always a chance that an accident will occur. This risk does not go away because you are using an Uber or Lyft.

Unsafe driving, including speeding and road rage – Uber and Lyft drivers are subject to the normal stressors involved with driving. However, these drivers carry a heavy burden of safely transporting their riders. People who drive recklessly, speed, or exhibit road rage put the lives of their passengers at-risk. These behaviors can cause accidents, so riders should report such behavior to the ride-sharing company.  

Imposters – Ride-sharing companies have policies in place to run background checks on their drivers, but these policies are not foolproof. Drivers may lie on applications or evade background checks. During their employment, drivers may also be charged with a crime that would impact their employability. Another threat comes from criminals who pretend to be ride-sharing drivers, and pick up unsuspecting riders. Criminals may also pose as riders to try and victimize drivers.

Robberies – When riding with Uber or Lyft, people are essentially stuck inside a vehicle with a stranger. A ride with an Uber or Lyft could potentially turn into the scene of a robbery. Reports have shown drivers robbing riders of their valuables. However, drivers are more commonly victimized. Another phenomenon is drivers unknowingly participating in robberies, as criminals may use an Uber or Lyft as their getaway.

Sexual assault or rape – Over the past few years, our society has seen many survivors of sexual assault and rape speak out about these horrific crimes. Ride-sharing companies have received notoriety for ignoring reports of sexual assaults and rape concerning their riders and drivers. In response, some of these companies have taken steps to protect their employees and customers, but these crimes continue to occur. Uber has released a report of sexual assaults, rape and other crimes involving their services spanning 2017-2018. After the statistics were released, Uber implemented a program  to promote riders and drivers to report incidents, and provide resources for users to stay safe while using Uber’s services.

Harassment – Inappropriate comments and behavior towards riders and drivers are forbidden under the community guidelines for Uber and Lyft. This includes unwanted sexual advances or comments, discriminatory behavior, and any other behaviors which create an unsafe or disrespectful environment. Discrimination is strictly forbidden under Uber and Lyft’s guidelines, so drivers and riders may not discriminate based on race, caste, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Riders or drivers who behave in these ways will lose access to their accounts, and be unable to use the ride-sharing service for rides or employment.   

Kidnapping – Reports of kidnappings due to rideshare services are not frequent, but do occur. Drivers may refuse to allow riders to exit a vehicle, or take a rider to somewhere other than their destination. These incidents are dangerous and directly violate the policies of the major ride-sharing companies. Both Uber and Lyft have implemented in-app safety features to combat these threats during rides.

Death – Ride-sharing companies have a duty to keep their drivers and riders safe. This duty is failed in the most severe way when a rider or driver is killed. Severe car accidents and murders are the leading causes of death in relation to ride-sharing services. Between 2017 and 2018, fifty-two deaths were specifically attributed to Uber and Lyft drivers. During this same period, Uber reported 58 auto accident deaths and 9 murders. Uber’s reporting for the 2017-2018 timeframe was the first set of publicly available data on crime within the ride-sharing industry. 

Safety tips for riding with Uber & Lyft

The serious risks involved with using ride-sharing services demand that every rider and driver take appropriate safety measures. The list below contains steps you can take to stay safe the next time you use a ride-sharing service. These steps are mostly universal across services, but individual companies may incorporate different safety tools within their ride-sharing apps.

  1. Request and wait for your ride while inside. This minimizes the amount of time you are standing outside alone.
  2. Verify your driver or rider. For riders, make sure that the driver who appears to pick you up matches the driver’s photo in your app, and that the vehicle matches the make, model and license plate listed in the app. Do not get into a vehicle if the information does not match what you see in the app.
  3. Most drivers will verify their rider by asking for the rider’s name. Riders should also ask for the driver’s name.
  4. Ride in the backseat of the car. This provides riders and drivers with personal space, and ensures that you can exit the vehicle in case of an emergency.
  5. Always wear your seatbelt.
  6. Remain vigilant during rides. If something just doesn’t feel right, or you feel threatened, use the ride-sharing app to contact emergency services. Almost every major ride-sharing app has a function to contact emergency services which will provide the location of the vehicle. Find Uber’s emergency service here. Find Lyft’s emergency service here.
  7. Let other people know where you are. Most ride-sharing apps also have a feature to share the location and status of a user with colleagues. Find out about Uber’s feature here. Find out about Lyft’s feature here.
  8. Use in-app features to cancel a ride at any time, or contact emergency services. These app features can be used at any point during a ride by drivers or riders.

Ride-sharing Accident Lawyers at Rosenberg & Rodriguez, PLLC

Ride-sharing Accident Lawyers

If you’ve been injured in a ride-sharing accident, you need an attorney who will fight for you to get the compensation you deserve. Ride-sharing and insurance companies will try to shift the blame for the accident to you to minimize your compensation. Don’t take them on alone. Hire an experienced ride-sharing accident lawyer from Rosenberg & Rodriguez, PLLC to handle your case. Our ride-sharing accident attorneys will file your insurance applications and property damage claims, schedule appointments, and ensure coverage of your medical bills. Our focus is on you, and we will communicate with you throughout every step in your case.

At Rosenberg & Rodriguez, you can afford to hire a lawyer since you pay nothing upfront. We work on a contingency fee basis, which means that we don’t get paid unless you do. This system gives us a strong interest in getting you every dollar that you deserve. Call us today for a free, no obligation consultation.

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New York Bus Accident Lawyers

As the costs of owning a car in New York City and its metro areas have skyrocketed, people have increasingly turned to public transportation. Millions of people in New York and Long Island use mass transportation on a daily basis, but what happens when these people are injured by a bus? Buses carry large numbers of peoples at any given time. When there is an accident, passengers in the bus and other vehicles will likely suffer serious injuries, and even death. To make matters worse, if the company owning the bus is a government entity, there are special rules for filing a claim. There are strict notice requirements for a claim against a government entity, which means you must notify the government of your claim within a certain amount of time. Also, the losses you can claim may be limited.

Local governments and bus companies will vigorously defend their bus drivers in the event of an accident. If you were struck or injured in a bus accident, it is important that you hire an experienced attorney to handle your claim. The bus accident lawyers at Rosenberg & Rodriguez, PLLC have years of experience working with bus accidents. We know how to navigate the specific requirements of the bus companies and local municipalities. Our lawyers will exhaust every possible source of compensation for your claim. Call us or fill out an online contact form for your free, no obligation consultation today.

Common Causes of Bus Accidents

Driver fatigue – As one of the leading causes of bus accidents, fatigue decreases a driver’s ability to stay awake, alert, and attentive to the demands of safely driving a bus. The NTSB’s Top 10 Most Wanted List puts driver fatigue as a prevalent cause of transportation accidents, and includes recommendations for combating this issue. Bus companies can combat the dangerous effects of driver fatigue for their employees and passengers by implementing the following strategies:

  • Install technology in buses to track the number of hours a driver is behind the wheel. This technology will ensure compliance with hours-of-service restrictions.
  • Develop fatigue risk management plans aimed at preventing driver fatigue. These plans must be incorporated into driver training programs and standard business operations.
  • Develop employee schedules so that drivers receive enough time off to get an adequate amount of sleep between shifts. This should incorporate 7-9 hours of sleep a night for a typical adult.
  • Encourage drivers to properly manage their off-duty hours and sleep schedules. Provide drivers with the training and resources to manage their schedules in their off-hours, and promote access to medical care for sleep-related conditions.

Distracted or impaired driving – Bus drivers, like other drivers on the road, are susceptible to distraction. However, bus drivers carry the heavy burden of keeping their passengers safe. Distractions may come from inside or outside of the bus. Some distractions include texting or eating while driving, talking to passengers, looking away from the road, or any other activity which draws your attention away from the task of driving. Impaired driving means that a bus driver’s ability to safely operate the vehicle is somehow impaired. An impairment may be the result of a medical condition, or drug and alcohol use. Bus drivers can seriously injure not only their passengers, but other drivers and pedestrians, when they drive while impaired.

Faulty equipment – Buses, more so than other vehicles, require routine maintenance due to their near-constant use and high mileage. When bus companies do not properly maintain their vehicles, defects in engines, brakes, safety systems, and other parts can result in catastrophic accidents. If you were hit by a bus, it is important that a prompt investigation takes place so that evidence of faulty equipment or poor maintenance can be preserved for your case.

Road rage & reckless driving – Like other drivers, bus drivers are susceptible to the frustrations involved with driving. However, passengers put their trust in bus drivers to remain calm and collected in the hectic streets where buses operate. When a bus driver acts out of rage or drives recklessly, he or she is putting the lives of their passengers and everyone else at risk. After a bus accident, there are often witnesses or video footage of a bus driver’s road rage or reckless driving. It is important to move quickly after an accident to retrieve this evidence, because the bus companies and their lawyers will move quickly to protect their drivers and shift the blame.

Bus Accident FAQs:

What safety features can be found on New York’s mass transit systems?

Bus companies and their vehicles must adhere to the safety regulations set forth by the New York Department of Transportation for all motor vehicles operating in the state, including commercial or public transit vehicles. This does not mean that buses feature state of the art safety systems. In fact, most buses in New York and New York City do not feature seatbelts or any form of restraint systems. Public transit vehicles often lack the safety features which are required in many other modes of transportation. Without these features, bus passengers can sustain severe injuries if they are thrown from the bus in an accident.

What are my chances of getting injured by a New York City bus?

Between 2015 and 2018, MTA buses were involved in nearly 22,000 accidents, with an average of 23 accidents per day. As more and more New Yorkers turn to mass transit due to the rising costs of owning a car, these numbers will continue to grow. Every time you board an MTA bus, you’re depending on the safety of that vehicle and the driver’s ability to keep you safe. With these statistics, it is important that New Yorkers who are using MTA buses understand their rights to compensation after an accident, and hire an experienced attorney to handle their claim.

Who is responsible for a bus accident?

When you’re involved in an accident or struck by a bus, there may be more than one responsible party, depending on the situation. While there is no universal answer to who is responsible, potential parties include bus drivers, bus companies, bus manufacturers, or the local municipality. It is critical for the development of your case that the parties involved in a bus accident be identified. With so many potential parties, you need an experienced bus accident lawyer to get you the compensation you deserve.

What compensation is available after a bus accident?

  • After a bus accident, your focus should be on recovery, not paying bills. However, the financial fallout from a bus accident is often severe, so you need the compensation that you deserve. The following compensation may be available to you after a bus accident:
    • Medical bills and prescription drug costs;
    • Lost wages, and values for future earnings or lost earning capacity;
    • Damages for your pain and suffering;
    • Damages for emotional distress such as fear or depression stemming from the accident.
  • The insurance companies will try to shift the blame for your accident so that they don’t have to pay you. An experienced bus accident lawyer will fight the insurance companies to get you the maximum compensation for your injuries.

What is the legal process for filing a claim after a bus accident in New York?

  • When you’re in a bus accident, the clock starts ticking for the amount of time you have to file a claim. After an accident, police and accident reports must be filed internally with the MTA, the New York Police Department, and other official parties involved in the accident. You will need to file a Notice of Claim with your insurance company within 90 days of the accident. This action begins the claim process, and it is required when filing a claim against a government entity.
  • Upon filing a claim, you must attend a 50-H hearing, which is similar to a deposition. You will have to answer questions about the accident and resulting injuries. This will provide a clear and comprehensive idea of happened. Once the 50-H hearing is complete, you and your attorney will discuss the best course of action. Without taking all of these required steps, you will not be able to file a lawsuit. It is critical that you act quickly to begin the process towards getting the compensation you deserve.

Struck by a bus? Call the bus accident lawyers at Rosenberg & Rodriguez, PLLC

If you’ve been injured in a bus accident, you need an attorney who will fight for you against the insurance companies to get you the compensation you deserve. Bus companies, local municipalities, and their insurance companies will vigorously defend their employees and try to shift the blame for the accident to you. Don’t take on these parties alone. Hire an experienced bus wreck lawyer at Rosenberg & Rodriguez, PLLC to handle your case. Our bus accident lawyers will file your no-fault insurance applications and property damage claims, schedule appointments, and ensure coverage of your medical bills. Our focus is on you, and we will communicate with you at every step in your case.

At Rosenberg & Rodriguez, you can afford to hire a lawyer since you pay nothing upfront. We work on a contingency fee basis, which means that we don’t get paid unless you do. This system gives us a strong interest in getting you every dollar that you deserve, so call us today for a free, no obligation consultation.

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Getting around on foot in New York has grown in popularity over the last few years. The high costs of owning a car, New York’s traffic, and concerns about the environment have all contributed to more and more New Yorkers abandoning their cars. New Yorkers are choosing to travel within New York by foot. While there are many benefits to walking as an alternative to driving, the fast moving and busy streets of New York can be very dangerous for pedestrians.

In 2018 alone, 6,283 pedestrians were killed in traffic accidents across the United States. New York City is a particularly hazardous place for pedestrians, as 111 people were killed in traffic accidents in 2018 alone. Serious injury threatens pedestrians as well. In 2018, 10,740 pedestrians were injured within New York City limits.

Causes of Pedestrian Accidents

Causes of Pedestrian Accidents

The Vehicle and Traffic Laws of the State of New York contain numerous provisions or “Rules of the Road” that outline the rights and duties of both drivers and pedestrians. These rules are designed to maximize safety and prevent accidents and injuries on our roadways. However, far too many drivers fail to follow these rules often resulting in accidents with pedestrians. Some of the more common causes of pedestrian accidents are:

  • Drivers failing to yield to pedestrians crossing in crosswalks
  • Driver inattentiveness. This usually involves drives engaged in texting or talking on a cellphone, eating or engaged in other activities while driving
  • Aggressive driving
  • Speeding
  • Driving under the influence or alcohol or drugs
  • Dangerous streets or intersections. This typically involves poorly designed roads that do not provide good sight distance, safe crosswalks for pedestrians to cross and/or lights that change too quickly thereby not allowing pedestrians to get across the entire roadway safely.

Pedestrian Safety Tips

  • Be aware of your surroundings, and pay attention to the traffic around you.
  • Walk with the flow of traffic. Stay on sidewalks and designated walking areas.
  • Don’t use your phone will walking. Talking, texting or listening to music on your phone will distract your eyes and ears away from the task of walking.
  • Only cross the street at designated crosswalks. Stay within the marked crosswalks when crossing.
  • Make sure that all traffic has stopped before entering a crosswalk. Make eye contact with drivers before crossing in front of their vehicles.
  • Wear visible clothing when walking, day or night!
  • Remain vigilant in driveways or parking lots for sights vehicles that are backing up.
  • When walking down sidewalks, keep an eye out for open delivery grates.
  • Avoid alcohol while walking. Consuming alcohol reduces your reaction time and impairs judgement.

New York’s Most Dangerous Roads:

New York City:

Anyone who drives or walks in New York City knows that some roads are better than others. Data on pedestrian accidents shows that there are roads within the 5 boroughs which are particularly deadly for pedestrians. In the Bronx, the 3 deadliest roads are Broadway, Grand Concourse, and E. Gun Hill Rd. Broadway is also one of the deadliest roads in Manhattan, along with Henry Hudson Parkway/West St and Amsterdam Avenue. If you are walking or driving in Brooklyn, be cautious when walking or driving on Kings Highway, Atlantic Avenue, and Brighton Beach Avenue as these are the borough’s deadliest roadways. In Queens, Jamaica Avenue, Union Turnpike, and Queens Boulevard are the most dangerous streets for pedestrians. Staten Island only boasts one street which is noteworthy for its danger to pedestrians, and that is Richmond Avenue.

Nassau & Suffolk County:

Outside of New York City, pedestrians are not likely to find safer streets. In fact, Nassau County’s Hempstead Turnpike, also known as Route 24, claimed the title of New York’s “Most Dangerous Road” for pedestrians. Over much of this 16-mile roadway there is poor lighting, poor maintenance, and few crosswalks for pedestrians to cross the 6 lanes of fast-moving traffic.  Most of the fatalities on Hempstead Turnpike have occurred in the towns of Elmont, Franklin Square, and Hempstead. Nassau County’s Sunrise Highway (Route 27) and Merrick Road are also among the county’s most dangerous roadways. In Suffolk County, routes 25, 27, and 110 are the county’s top three most dangerous roadways.

Steps to take after a pedestrian accident:

Steps to take after a pedestrian accident

The human body is no match for motor vehicles which typically weigh thousands of pounds. As a result, pedestrians who are struck by vehicles often sustain significant injuries such as broken bones, spinal cord injuries, head injuries, and loss of consciousness. A pedestrian struck by a vehicle is often rushed to the hospital by an ambulance before the police arrive. The end-result is that the pedestrian-victim’s version of the accident is not included in the police report. Even when pedestrians do get a chance to speak to the police after an accident, they are usually not in the proper state-of-mind due to their injuries to give a precise statement of what occurred. Too often, this scenario produces inaccurate police reports that insurance companies use to deny payment of claims made by the injured pedestrian.

Pedestrians who are struck and injured in a car accident are not only faced with recovering from their injuries, they are also faced with worrying about how they will pay their medical bills and support their families while out of work. The filing of these claims involves the preparation of confusing forms and applications and dealing with insurance company representatives that have a vested interest in protecting the driver and owner of the vehicle.

This is why it is vitally important that you seek the aid of a qualified lawyer if you or a loved one are involved in a pedestrian accident. An experienced attorney will begin an immediate investigation of the accident by obtaining witness statements, securing available security camera footage and filing reports to correct any errors in the police accident report. In addition, your attorney will prepare and file all the necessary forms with the appropriate insurance company for the payment of your medical bills and for compensation of time missed from work.

Why you need a lawyer after an accident:

When you are injured in a pedestrian accident, you’re likely in pain and worried about how this tragedy is going to affect your work, your finances, and your family. By hiring an experienced pedestrian accident lawyer, you will have an advocate who will conduct an investigation of the accident, file all the necessary insurance forms, schedule medical appointments, and ensure coverage for medical bills. You are also entitled to compensation after a pedestrian accident, and the best lawyers will identify every possible source of compensation for you. You may be entitled to compensation for costs such as medical bills, lost wages, transportation, and pain and suffering. The attorneys at Rosenberg & Rodriguez will work to get you the maximum compensation for your injuries.

At Rosenberg & Rodriguez, you can afford to hire a personal injury attorney after an accident.  You pay no money upfront for our services, and we don’t get paid until we get you your compensation. This system is commonly called working on a contingency-fee-basis. Working on a contingency-fee basis ensures that we only select cases that we believe will be successful, and we have a strong incentive to pursue all compensation available to you. At the end of the day, our pay is a set percentage of your settlement, so you risk nothing when you hire us to handle your case.

Our Clients’ Verdicts & Settlements

Della Scruggs v. MVAIC – This is an accident involving a pedestrian who was struck by a vehicle. The defendant claimed that the plaintiff stepped off the curb into the path of a moving vehicle. The jury rejected the defendants’ claims that the plaintiff was to blame for the accident and determined that the driver was 100% responsible.

$225,000.00 dollar settlement – obtained by Rosenberg & Rodriguez for a woman who tripped and fell on a raised portion of a city sidewalk and sustained a fractured non-dominant wrist. The City of New York denied liability and payment on this case for several years based on their claim that the City had not received any prior written complaints of the broken sidewalk as required by law for a municipality to be responsible. Our attorneys would not take “no” for an answer and conducted a thorough investigation that included interviewing neighbors and reviewing the archives maintained by the Department of Transportation and other city agencies. We ultimately discovered that an elderly man had fallen and injured himself on that same defect approximately a year before our client’s accident and that the City was in fact aware of the broken sidewalk. After being confronted with the evidence we discovered, the City of New York was forced to settle the case shortly before trial.

$250,000 Jury verdict – $250,000.00 jury verdict, after a three day trial, for a middle-aged woman who was struck by a car as she crossed the street and sustained a fractured arm and back injuries. The defendant’s attorneys and insurance company claimed that our client was partially at fault for the accident, that her injuries were minor and that she had made a full recovery. Our attorneys refused to accept the $35,000.00 settlement offered by the defendant’s insurance company and proceeded to trial where we proved that the accident was 100% the defendant’s fault and that her injuries were substantial. The Brooklyn Jury saw the case our way and awarded our client $250,000.00 for her injuries.

Hit by a car? Call Rosenberg & Rodriguez today!

If you or a loved one are hit by a car, it is critical that you hire an experienced attorney to handle your case. The insurance companies will move quickly to try and shift the blame for the accident, and deny you the compensation you deserve. When you hire an experienced attorney from Rosenberg & Rodriguez, every step of your case will be carefully handled. Our attorneys will happily speak with you at no cost and evaluate your case to see whether you are entitled to compensation for your accident. Please do not hesitate to call us right away if you or a loved one is involved in a pedestrian accident.

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The sky high cost of owning a car in New York, combined with the New York’s congested streets and societies efforts to combat climate change have made bike riding one of the most cost effective, convenient, healthy and environmentally friendly modes of alternative transportation in New York.

However, despite a growing number of laws and traffic regulations that are meant to keep bike riders safe, they remain particularly vulnerable to accidents and resulting serious and sometimes deadly injuries.

Common Bike Accidents

Accidents with Moving Vehicles: It has been our experience that the most common cause of accidents involving bicyclists on our roads can be attributable to inattentive drivers and drivers who simply don’t follow the traffic laws that have been designed and implemented to protect bicyclists on our roads. Drivers often turn into the path of bicyclists or cross over into bike lanes. Other drivers fail to keep a safe distance from bicyclists on the road or improperly obstruct designated bike lanes. Whatever the specific reason for the accident, the unfortunate fact is that when a motor vehicle and a bicycle are involved in a collision, the bicyclist always bears the brunt of the impact resulting in injuries ranging from bumps and bruises, fractured bones and even death.


Unexpected Opening of Car Doors: Another very common cause of bicyclist injuries result from the unexpected opening of car doors by drivers or passengers. Bike lanes are typically to the right of the road directly next to the parking lane on most streets in the City and State of New York. Very often drivers or passengers will suddenly open the door into the path of an approaching cyclist causing the cyclist to either crash into the car door or to veer into traffic. Needless to say, the result of such a negligent act can lead to serious injuries to the unfortunate bicyclist.

Taxi Cabs: New York taxi and livery cab drivers have a notorious reputation for aggressive and reckless driving. We’ve probably all witnessed taxi cabs either speeding, making sudden or unexpected stops, engaging in dangerous lane changes, or blocking bike lanes. These negligent and reckless acts lead to many unfortunate encounters with bicyclists.

Roadway Hazards: The poor conditions of our roadways and the seemingly never ending construction that we see on New York streets and roads takes a toll on our vehicles but it also leads to many accidents involving bicyclists. Potholes, construction plates, road cuts, improper repairs, debris, etc. are all hazards that pose a serious safety risk to unsuspecting bicyclists.

Who Will Pay For My Medical Bills and Expenses

In New York, every vehicle that is registered in this state is required to carry a form of health and disability insurance that pays the medical bills, prescriptions costs, lost earnings and other reasonable expenses incurred by anyone who is injured as a result of the use or operation of a motor vehicle. This insurance covers drivers, passengers, pedestrians and cyclist regardless of who was at fault in the accident. This insurance is called, No-Fault Insurance.

Once you’ve filed the required claims forms and other documentation, the law requires that the insurance company pay for the following:

receipt

Medical bills

All necessary medical treatment related to the injuries sustained in a motor vehicle accident are paid by the no-fault insurance company.

income

Prescription medications

Any prescriptions that your doctor has issued to you for the treatment of conditions caused by the accident, will be reimbursed.

income

Lost earnings

Approximately 80% of your lost wages up to a maximum of $2,000 per month for basic benefits.

income

Household care

In certain circumstances, the insurance company will pay for someone to take care of you because you were hurt in this accident.

income

Travel expenses

The insurance company will reimburse you for the number of miles traveled to and from doctors, physical therapists and hospitals.

Although this sounds simple enough, there are strict deadlines for the filing of the application for no-fault benefits and for submitting your claims. Typically, you are required to file the necessary no-fault application with the proper insurance company within 30 days of the accident. In addition, the insurance companies will frequently make what are called “requests for verification” before paying any of these benefits. These verification requests may involve submitting additional documentary proof, filing new forms and/or appearing to give sworn testimony.

You Need an Experienced New York Bicycle Accident Attorney

If you or someone you know has been injured in a bicycle accident, you need an experienced bicycle accident lawyer to help you at every step of the process. The attorneys at Rosenberg & Rodriguez, PLLC have years of experience representing victims of bike accident cases and will fight to obtain the compensation that you are entitled to.

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Premises Liability

Property owners have a legal duty to take reasonable steps to ensure the safety of persons that are legally on their property. This duty extends to private homeowners, retail businesses, large residential buildings, shopping malls and municipal entities.  This area of the law, often referred to as premises liability, allows an accident victim to seek compensation for their pain and suffering, medical expenses, lost wages, and other costs incurred due to the accident on another’s property.

Examples of Premises Liability Cases:
Some of the most common types of premises accidents for which a property owner may be held liable include:

  • Elevator defects 
    Elevators are complex machines that require significant maintenance and upkeep. When a property owner fails to properly maintain an elevator, the results can be catastrophic. Improper or poor maintenance of elevators can lead to defective doors that close prematurely crushing unsuspecting individuals or doors that open when the elevator car is not at the floor causing victims to fall into elevator shafts. Improper or poor maintenance of elevators can also lead to mis-leveled elevator cars that lead to trip and fall accidents or elevators that operate at improper speeds or that have faulty braking systems.

  • Retail Businesses  
    Any business that invites the public onto its property to browse and/or shop has a duty to take reasonable steps to prevent foreseeable accidents. Accidents in retail businesses can be caused by spillages, cluttered aisles, slippery conditions such as freshly mopped or waxed floors, uneven floors that create trip and fall hazards and/or falling objects.

  • Dog Bites
    While dogs are considered man’s best friend, too often irresponsible dog owners allow their animals to bite or hurt individuals. Under certain circumstances, dog owners in New York can be held liable for injuries caused by their pets. Generally speaking, a dog owner will be held responsible for pain and suffering claims if it can be demonstrated that the owner knew or had reason to know that his/her dog had vicious tendencies (e.g. the dog has a history of biting people, chasing and snarling at people, or shows other vicious behavior).

  • Stairway Defects 
    Falls from stairs have the potential to cause serious injury or even death. Frequent causes of stairway accidents include stairs that are not built to code, wet or icy steps, worn or defective stair treads, insufficient lighting on the stairway, uneven risers or steps of uneven height, debris, tools or other materials left on stairs or inadequate or missing handrails.

  • Negligent Security 
    Property owners in New York have no general duty to protect people on their property from attacks by third-parties. However, the law does require property owners to take reasonable steps to protect people on their property from foreseeable attacks from third-parties. Such steps can include installing locking front doors to prevent access, installing security cameras, providing adequate lighting and even hiring security personnel. The reasonable steps that the property owner should have taken will vary from case to case depending on the specific facts of the situation and the available evidence.

  • Parking Lot Accidents
    Property owners are required to keep the inside and the outside portions of their buildings in reasonably safe condition. Unfortunately, parking lots and other outdoor walking areas of retail establishments and/or residential properties are often neglected and contain hazards such as potholes, inadequate lighting and/or snow/ice. These conditions often lead to accidents and injuries to unsuspecting victims.

  • Private homes/Apartment buildings 
    Owners of residential properties, whether they are small one or two family homes or large condo/apartment complexes all have the same general duty to maintain their properties in reasonably safe condition free of hazards and defects.

What Do I Have to Prove:
Generally speaking, the law requires you to prove  four things in order to successfully bring a claim for injuries sustained on other’s property:

  1. Lawful presence: This basically means that you were not trespassing on the property at the time of your accident. Residents, invited guests, customers, potential customers, hired workers, delivery persons and clients of a business are all examples of persons that are considered to be lawfully present on the property and not trespassers. In fact, under certain limited circumstances even a trespasser can be seek compensation for injuries sustained on another’s property.

  2. Existence of a Defect or Dangerous Condition: You will have to prove that there was an actual defective, hazardous or dangerous condition that caused your accident. Keep in mind that not every condition is deemed to be dangerous or defective.

  3. Notice: That the owner knew about the unsafe condition (or should have known) and did not repair it, rope it off or give adequate warning.

  4. Damages/Injuries: That you were injured as a result of the accident. Please keep in mind that the you injuries are not limited to your physical injuries. You have the right to seek compensation for expenses you incur as a result of the accident such as hospital bills, medical bills, loss of income and other expenses resulting from your injuries.

How much time do I have to bring the claim

There are strict deadlines that apply to all premises liability cases. The time to bring a premises liability claim/lawsuit can vary greatly depending on who owns the property and/or who is responsible for the defective/dangerous condition that caused the accident. In some circumstances, claims must be brought in as little as 90 days after the accident. In other circumstances, you may have as much as three (3) years to bring your claims. A thorough investigation is required before the applicable deadline in your case can be determined. Therefore, it is advisable to seek the advice of an experienced premises liability lawyer as soon as possible following your accident.

How Rosenberg & Rodriguez, PLLC can help

The premises liability attorneys at Rosenberg & Rodriguez, PLLC have decades of experience in successfully representing victims of premises liability accidents.

Please contact our offices to speak directly with an attorney for a free, no-obligation evaluation of your case.

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Whether a minor car wreck or a tragic accident, like the recent car crash that killed two former volleyball stars and their daughters, it’s important to know what to do when involved in a car accident. https://nypost.com/2020/02/17/former-volleyball-stars-and-their-daughters-killed-in-car-crash/

First and foremost, be sure to call 911 immediately. When the police arrive, ask them to make a written accident report and find out where to get a copy of the report. It is important to make written notes of the names, addresses, phone numbers and license plate numbers of all parties involved, including any witnesses to the accident. Photograph the accident scene including skid marks and any physical objects that the vehicles struck. Be sure to take pictures of all vehicles from various angles.

If you are injured or feel pain after the accident, see your doctor immediately. Don’t assume that just because you may not feel instant or excruciating pain, you are not injured. Be sure to give each of your doctors a detailed explanation of exactly how your accident occurred. It is also important that you keep a detailed pain diary. When a person is in pain, it consumes them and it’s all they can think about. Documentation is the key to keeping an insurance company on their toes. If you have to travel to the doctor’s office, save transportation receipts and keep track of the mileage. It is important to document doctor visits and to mark down how long medical devices are needed, such as a wheelchair, walker, neck brace, etc.   

Some accident victims, in an attempt to avoid paying legal fees, try to represent themselves and call an attorney only after the damage has been done by providing statements to the insurance company. Don’t take on the large insurance companies and their attorneys on your own. Let us fight for your rights! The personal injury attorneys at Rosenberg & Rodriguez, PLLC understand the legal and insurance issues surrounding car accidents.

Not only can a victim suffer from pain and suffering due to their injuries, but a victim can also endure significant lost earnings, property damages and huge medical expenses. That’s why hiring a personal injury lawyer is necessary to ensure you receive maximum compensation for your injuries. It is essential to hire a personal injury law firm that will handle your case from start to finish, will be available when you need them, and will return phone calls promptly. Our extensive knowledge and experience handling car accident claims and lawsuits is why Rosenberg & Rodriguez, PLLC is the right choice when choosing a personal injury law firm to represent you during an auto accident.

According to a recent study by Johns Hopkins, more than 250,000 people in the United States die every year because of medical mistakes, making it the third leading cause of death after heart disease and cancer. Other studies report much higher figures, claiming the number of deaths from medical error to be as high as 440,000. It is estimated that the number of non-fatal injuries that are the result of mistakes by medical professionals is even higher.

Although every medical procedure carries some element of risk, all medical patients have the right to receive competent medical treatment. When patients do not receive competent medical treatment and suffer injuries as a result, they are the victims of medical malpractice and are entitled to just compensation.

In order to prove that medical malpractice has occurred the patient and his/her attorneys must first prove that the treatment or care the patient received from a healthcare provider fell short of the accepted standard of care. The patient and his/her attorney must then prove that the patient suffered an injury or harm as a direct result of the improper treatment.

Due to the complex nature of medical treatment, proving that a medical professional committed malpractice during a particular course of treatment can be very complicated and difficult. In fact, not all personal injury lawyers have the necessary experience to properly handle malpractice cases.

However, the attorneys at Rosenberg & Rodriguez, PLLC have many years of experience litigating medical malpractice cases. We work with a team of medical professionals who assist us in evaluating potential malpractice cases to determine whether the treatment received fell short of the standard of care that was required. If so, we aggressively seek just compensation for our clients.

If you think you or a loved one has suffered medical malpractice injuries, please do not hesitate to call our offices for a free evaluation.

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The construction industry is one of the most dangerous industries in the country. The State of New York has strong worker protection laws designed to protect construction workers from common injuries, such as falls from scaffolds, falls from elevated heights, falling objects and other construction site dangers. Unfortunately, many construction companies ignore these safety rules to try to save time and money resulting in workers getting injured while on the job.

When construction workers are injured due to the fault of their employers, the law allows them to sue to recover monetary compensation for their injuries. The compensation for injured workers can often be in the hundreds of thousands and even in the millions of dollars depending on the severity of the injury. Injured workers also have the right to Worker’s Compensation benefits that pay for their medical and hospital bills, medical equipment, physical therapy, medications, lost earnings as well as future expenses related to their injuries.

Often construction companies and employers will threaten injured workers by using their immigration status to force them to stay quiet and not seek compensation for their injuries. The fact is that your immigration status does not matter. All injured workers, regardless of their immigration status, are entitled to the same protections under New York State laws. This means that an injured worker can sue for compensation for his/her injuries and obtain Worker’s Compensation benefits regardless of his/her immigration status. It cannot be held against them.

The construction accidents lawyers at Rosenberg & Rodriguez, PLLC are experienced in construction site accident cases and can help protect all your legal rights. If you or a loved one has been involved in a construction site accident, please call us right away for a free consultation.

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During the winter months, Mother Nature creates slippery and hazardous conditions that we must deal with on a regular basis, such as snow and ice on sidewalks and walkways.

Although property owners cannot control the weather, they can take reasonable steps to deal with natural conditions to prevent injuries to unsuspecting people walking on their property and/or sidewalks.

In fact, New York has laws that require that property owners clear their sidewalks and apply salt and/or sand promptly after a snowfall.

Many property owners live up to this responsibility and clear their sidewalks on a timely basis. Unfortunately, we have all encountered properties where the snow has not been cleared even long after the snow has ceased to fall. Such owners can be legally liable to a person that sustains an injury as a result of slipping and falling on their property.

At Rosenberg & Rodriguez, PLLC, our slip accident lawyers have experience in representing victims that have been injured due to slip and falls on snow and ice conditions.

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Slip, trip and fall accident cases can occur anywhere such as in a building, parking lot, supermarket, shopping mall, stairway, or in an elevator.
The law imposes a legal duty upon all owners of the property to keep their property reasonably safe and free from conditions that can cause accidents or injuries. An owner that fails to live up to this duty may be held legally responsible if someone is injured as a result of failure to keep property in a safe condition.

This area of the law, often referred to as premises liability, allows an injured party to seek compensation for their pain and suffering, medical expenses, lost wages, and other costs incurred due to the accident.

The slip accident lawyers at Rosenberg & Rodriguez, PLLC have experience in representing victims that have been injured due to dangerous conditions such as broken stairs, slippery conditions, spills, debris, mis-leveled elevators, and improper construction.

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