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TRUCK COLLISION LEAVES 21-Year-Old DEAD BROOKLYN, NEW YORK (December 1, 2016) A fatal semi-truck accident has left a 21-year-old dead after he was dragged nearly one block, according to ABC News. Police have been able to identify the young man that died the crash as Moshe Yehuda Weiner. A witness says that the road the truck was traveling on was narrow and may have struck Moshe Weiner as he was walking to his parked car. The driver of the big rig stayed at the scene of the crash and was cooperating with investigators. Friends of the victim said that Weiner worked for a pluming supply store and had been married for two years. Friends also described him as a good man and were deeply saddened to learn about his death. The RMFW Law Firm extends its heartfelt condolences to the family of Moshe Weiner as they grieve such an incredible loss. We call on the Brooklyn Police to investigate this accident thoroughly for the sake of all of those that have been affected. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

FATAL BUS ACCIDENT REMAINS UNDER INVESTIGATION BRONX, NEW YORK (October 24, 2016) A 43-year-old woman was killed after being struck by a yellow school bus as she was crossing the street in University Heights, according to ABC New. Police have been able to identify the woman that died in the crash as Carmen Puello. Authorities are saying that Carmen Puello was knocked over by the 2007 Ford school bus before being run over in the accident. She was crossing in a marked crosswalk near West Fordham Road and Sedgwick Avenue at the time of the collision. The bus driver was making a right turn onto Sedgwick Avenue when he struck Carmen Puello before running her over. The driver then proceed to leave her in the middle of the roadway. She sustained trauma to her body and was later transported to St. Barnabas Hospital where she was later pronounced dead. It remains unclear if the bus driver is going to be arrested. Our staff at the RMFW Law Firm were deeply saddened to learn about the tragic death of Carmen Puello. We extend our deepest sympathies to her family as they cope with such an incredible loss. If there are any witnesses that saw the accident we encourage them to contact the police as police work to piece together what happened. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

CITY MAY BE LIABLE FOR FATAL ACCIDENT FOR INSTALLING INADEQUATE RAILING NEW BRUNSWICK, NEW JERSEY (July 25, 2016) – A 22-year-old man and his 21-year-old passenger were killed in a car accident after their car pierced through a guardrail and went into the Raritan River  while the vehicle was traveling down the freeway on Route 18, according to CBS News. Authorities have been able to identify the two men that died as Robert Veras-Toribio and  Kelvin Lantigua. Emergency medical workers rushed to the scene of the crash in order to try to rescue the men from the car submerged in water, but they were later pronounced dead. Police are saying that Robert Veras-Toribio and  Kelvin Lantigua were traveling north when for some reason the driver lost control of the vehicle. The collision happened Monday morning around 1:00 a.m. Investigators are still working to determine the cause of the crash, but there may be liability on the part of the guardrail manufacturer or city that installed the railing. The city has an obligation to create and maintain safe roads. Guardrails are typically placed in locations where their absence would prevent an even greater risk to the public. For example, a guardrail may be placed along the highway near a solid fixed object like a metal poll in order to prevent cars from striking it. Similarly, the city is obliged to install adequate guardrails that serve their purpose and to make sure that those guardrails are well maintained. If a normal car traveling down the road is able to puncture a guardrail that's protecting drivers from a river, that's a very dangerous situation. It may have something to do with structural deficiencies of the guardrail itself. HELPING THOSE IN NEED BY RAISING AWARENESS If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. Our staff at the RMFW Law Firm extend our deepest condolences to the families of Robert Veras-Toribio and  Kelvin Lantigua as they cope with such a devastating loss. We encourage the highway patrol to conduct a thorough investigation into this crash for the sake of all those involved. If there is anything at all that we can do for the families, we would be glad to help 212 697 9280. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

MALFUNCTIONING HITCH MAY BE RESPONSIBLE FOR FATAL ACCIDENT PALMAYRA, NEW YORK (July 2, 2015) A beloved teenager was killed in a tragic accident after a BBQ smoker grill that was attached to a hitch and hooked up to a camper came lose on the freeway, according to 13 WHAM. Authorities have been able to identify the teenager that died in the crash on Route 31 as Seth Krebbeks. The driver of the car has been identified as Jared Jones. He was taken to the Strong Hospital and released following the collision. Seth Krebbeks has been identified as a  2015 Pal-Mac graduate. Jones was identified as a student of the school. Police are saying that the BBQ grill became wobbly after hitting a bump in the road. When the RV camper hit a second bump, the grill broke free and hit a car traveling in the opposite direction. A preliminary investigation by police indicates that the hitch was properly secured to the motorhome. It is possible that the hitch or perhaps the BBQ grill may have malfunctioned leading to the fatal crash on Pittsford Palmyra Road. Authorities will continue to investigate in order to determine liability. Our staff at the RMFW Law Firm were deeply saddened to learn about the car accident killing Seth Krebbeks. It is an absolute tragedy that such a beloved and gentle young man would die in such a horrendous freak accident. We encourage anyone that can to donate to Seth Krebbeks' gofundme campaign in order to help give him a proper funeral. If there is anyway at all that we could be of assistance to the family with any questions they may have about their rights, our phones are always on 212-344-1000. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

MUNICIPALITY MAY BE LIABLE FOR INSTALLING INADEQUATE RAILING PORT REPUBLIC, NEW JERSEY (June 28, 2016) – Two men from New York were killed in a tragic single vehicle car accident after their vehicle went through a guardrail, down an embankment and into a marsh, according to NJ.com. ( map) Authorities have been able to identify the two men that died as Darryl Thomas from Brooklyn and Zachary Pearce from Jamaica New York. New Jersey State Police indicated that the accident happened around Milepost 48.6. According to an early investigation by police officers, the driver of the Nissan Maxima was in the left lane when for reasons unknown he lost control of his vehicle and went through a guardrail. Both Darryl Thomas and Zachary Pearce appear to have been ejected from their vehicle. Two other passengers were taken to the AtlantiCare Regional Medical Center in order to be treated for minor injuries after the crash. HELPING THOSE IN NEED BY RAISING AWARENESS At the RMFW Law Firm we believe in giving back to the community and helping those who are in need. If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. Our staff at the RMFW Law Firm were deeply saddened to learn about this accident that left two people dead. We encourage investigators to examine the guardrail involved in the collision. Was it adequate for the stretch of road? This is one question that will have to be answered. Guardrails are designed to resist the impact of cars. And guardrails that can easily be pierced by vehicles may be defective in some way. If there is anything at all that we can do for the victims' families we would be glad to help 212-344-1000. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

MUNICIPALITY MAY BE LIABLE FOR FATAL ACCIDENT COHOES, NEW YORK (June 19, 2016) – The tragic death of a beloved 16-year-old girl in a car accident as she crossed the road has devastated the classmates and teachers that knew her, according to TWC NEWS. Authorities have been able to identify the girl killed in the fatal accident as Brittany Knight. She was a student at Cohoes High School and was getting ready to start summer vacation. Brittany was crossing the street on the 787 Northbound by the intersection of Bridge Avenue at the time of the fatal collision. The 787 is a highway that runs through the city and has been linked to two other pedestrian deaths over the past decade. City officials are now looking to see what can be done in order to make the area safer for those who cross it including putting up more signs and reducing the speed limit. City officials and the police are still investigating the factors that may have lead up to the crash and have interviewed the driver. Our staff at RMFW Law were heartbroken to learn about the tragic death of Brittany Knight. Brittany could have been any of our children and no words can truly express how horrible this accident was. Our thoughts and prayers are with all of those who have been affected. The city of Cohoes must take action! Too many people have already died along this stretch of freeway. There may be liability on the part of the city for failing to take action after the two previous deaths at this location. HELPING THOSE IN NEED BY RAISING AWARENESS At the RMFW Law Firm we believe in giving back to the community and helping those who are in need. If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. The law offers protections for families and individuals who have been harmed by the negligence of others. If there is anything at all that we can do for the family as they attempt to piece together what happened, we would be more than happy to lend our support 212-344-1000. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

Legal Obligation of Drivers Every driver is required to know what the rules of the road are. For instance, they need to know what a yield sign means and looks like, they are required to know that they should not drive in the bike lane, not change lanes without signaling, and so on. Drivers are required to see what is there to be seen. Now if you are careless or distracted because you are doing something else, not paying attention to the traffic and to where you are going, and you smash into a car in front of you, you have serious problems. Your situation only became more bleak if you have caused that driver significant injuries, then you will most likely be held legally responsible. Why is that? Because you may not have seen what was there to be seen, and there may not have been anything obstructing your vision. Did anything Prevent the Driver to See what is there to be Seen Suppose you have been injured in a car accident and you have filed an accident case to claim compensation; your lawyer will have the opportunity to question the distracted driver. Your lawyer will ask him whether anything in his view distracted or prevented him from seeing the car in front of him. Was there anything in his line of sight that did not allow him to see your car in front? All drivers have an obligation to see oncoming cars, and the cars that are coming from different directions. If the driver was careless or he was distracted, your lawyer can use that information to show that might have been a violation of the rules of the road, and because of that, there might be some evidence of negligence or carelessness. The jury will ultimately be able to evaluate and consider that information while determining whether the person that caused the accident did not see what is there to be seen. Holding Negligent Driver Accountable The statement, to see what is there to be seen, might be stating the obvious. But it is critical when you are considering negligence or carelessness in an accident case. When the driver was not seeing what was there to be seen, without his or her vision being obstructed or impaired in any way, then it indicates the driver was distracted due to some reason. There could be many reasons for such a distraction. The driver could be talking to someone on the phone and because he is intensely involved in the conversation, he may not see what is there to be seen in front. The driver might be texting or he could have turned his face to talk to a passenger in his car. No Excuse The main fact is that the distraction caused him to not see what is there to be seen, and that caused the accident. Drivers are obligated not to be distracted while they are driving, and the fact that they were distracted can make them legally responsible for the accident. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

A deposition is a question and answer session that takes place before the trial. The answers are given under oath and the deposition usually takes place in the office of an attorney. The judge is not present at a deposition; however, a court reporter or stenographer will be noting down all the questions and their corresponding answers. Video is Paramount At the deposition, you can ask questions to the defendant whom you are suing for causing you harm and injury. The answers provided by the defendant under oath at the deposition are pretrial testimony, and they can be useful during the trial. If the court reporter is taking down all the question and answers, is there a need to videotape the deposition? The answer is yes, since video recording, pretrial testimony will provide certain advantages. First, the video recording will provide a proper record of witnesses who may not come to testify during trail. Some witnesses may not be in town or they may purposely skip town at the time of trial. This does happen sometimes, but it is not a regular occurrence. Hence, if you have videotaped the testimony of such witnesses during deposition, it can be presented during trial as evidence. Health Issues with the Witness Videotaping the deposition is also helpful when the witness is ill, or is not expected to survive up to the time trial begins. In such instance, you would want to videotape the session of deposition, when such witness is answering questions. This way, the testimony of the witness can be preserved. At the time of the trial, the video can be replayed for the jury, so that they can actually see the questions asked and the answers that were given by the witness. There is a huge difference between making the jury see how the witness actually answered the questions on video, compared to a dry reading of what was taken down by the court stenographer. The jury will not be able to grasp fully what took place, when only the transcripts of the questions and answers are read out in court during trial. The jury can understand the questions and answers that are being read out, but there is a lot communicated by mannerisms, tone of voice, and appearance of the witness, which will be missing when the court reporter's transcripts are simply read during trial. On the other hand, when there is a video recording, the jury will be able to see the witness actually testifying and answering the questions. They will know what the witness looked like, how the questions were answered, and how the witness reacted to the questions. Video Brings a Vital Element to the Case The questions and answers recorded at depositions can provide crucial evidence and testimony at the trial, especially when the witness is not available during trial. Even though the court reporter will be taking down the questions and answers, it is much better to videotape the proceedings, since a visual presentation will have much more effect on the jury. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

People in New York City usually assume that they will be safe walking on the sidewalk. However, a recent crash in Brooklyn shows that isn’t always true. A 60-year-old woman was killed and three others were injured recently when an Acura SUV landed on the sidewalk after driving through a stop sign and colliding with an Jeep Cherokee, causing it to flip over. The victim’s husband, daughter and granddaughter were also injured in the accident. They were taken to the hospital. However, they were first reported to be in stable condition. Four people in the Jeep Cherokee, including the driver, were also injured in the crash. They were taken to a local hospital to be treated. It is unclear what caused the crash. Police have not filed criminal charges against the driver of the Acura SUV. Car accidents are more likely to occur when people are distracted, disobeying traffic laws or driving under the influence of drugs or alcohol. Sadly, one driver’s negligence can leave people with debilitating injuries. A car accident may even leave people with fatal injuries, as was the case in this most recent tragedy. Although people typically don’t intend to injure others in car accidents, negligent drivers must be held accountable. Victims and their family members may do that through a personal injury lawsuit. Compensation that is awarded through a successful lawsuit can be used to cover medical expenses as well as make up for lost wages. To determine whether or not a personal injury lawsuit is appropriate, victims in New York City would be wise to consult with an experienced attorney. Source: The Wall Street Journal, “Woman killed, family members hurt in NYC car crash,” Dec. 9, 2012 Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Five people are dead after a car crash late last month in Queens. The accident happened around 3:15 a.m. According to reports, a Mercedes Benz sports utility vehicle sped through two stoplights before crashing into a concrete pillar. The initial impact caused the vehicle to flip over and burst into flames. Three women died at the scene of the car accident along with two children. In addition to the driver of the vehicle, a 26-year-old man and a 7-year-old boy survived the horrific crash. One fire official called the accident “the worst single car accident he had seen in his 26-year career.” It is not clear why the driver was traveling at such a high rate of speed. However, a crash like this is an example of the kind of tragedies that can occur when drivers do to not obey traffic laws. Negligent driving continues to be a problem all across the country. The National Highway Traffic Safety Administration recently announced that more than 7,600 people died in traffic accidents in the first quarter of the year alone, a 13.5 percent increase from the first quarter of 2011. Officials blame some of the accidents on this year’s unseasonably warm winter. Because the winter months were so mild, more people hit the road. Although the temperatures may have contributed to the increase in traffic fatalities during the first quarter, reckless driving was likely a factor in many of the accidents. When people are distracted, impaired or ignoring traffic laws, terrible tragedies can occur. A motor vehicle is not a toy. In order to prevent accidents, people must remain cautious and attentive whenever they are behind the wheel. Source: The Wall Street Journal, “NYC car crash kills 5, including 2 kids; 3 hurt,” Associated Press, July 22, 2012 Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

There are many cars that travel on the streets of New York City, but many pedestrians also use those streets to get around the city. Although one would expect the streets to be safe for pedestrians, a newly released study has found that certain areas are particularly dangerous. Earlier this month, a 12-year-old girl was hit and killed by a minivan in lower Manhattan. According to reports, the car accident occurred as she was trying to cross nine lanes of traffic on Delancy Street. She was brought to a local hospital after the accident, but later succumbed to her injuries. The tragic accident serves as a reminder just how dangerous the streets of New York City can be, especially for children. A study by the Transportation Alternatives group found that the streets of New York City are particularly dangerous for children living in low-income communities. According to the study, a pedestrian accident in East Harlem is three times more likely to involve a child than in the Upper East Side. The intersection at East 125th Street and Lexington appears to be one of the deadliest areas in Manhattan. One city council member says that immediate action is needed. She suggests officials crack down on unsafe driving habits, as well as develop better traffic patterns in areas that are more dangerous than others. An official with Transportation Alternatives went so far as to say that the New York City Police Department must do what they can to protect young children by holding drivers who are reckless and dangerous accountable for their actions. Source: CBSNewYork, “ Report: Children In Low-Income Areas More Likely To Be Struck By Cars,” Jan. 19, 2012 Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Car accidents are common in New York City and elsewhere, but most people don’t worry about them when they are safely resting in a hotel room. Unfortunately, one New York City disc jockey is fighting for his life after a bizarre car accident in which he was run over by a cab in his hotel room. Recently, the DJ traveled to Portland, Oregon for a show and was staying in a Juniper Hotel room. According to reports, police were called to the scene around 11 a.m. When authorities arrived they found that the cab had driven through the hotel room that the DJ was staying in. The DJ was lying underneath the front of the cab on the bed in the hotel room. One firefighter on the scene said the man was covered in blood. According to the news source, the cab driver may have lost control of the vehicle after suffering a diabetic medical emergency. Family, friends and fans of the DJ are likely hoping for a full recovery. One magazine called the DJ a visionary and credited him with changing the New York City night scene. It is not entirely clear how the accident happened. If investigators discover that negligence on the part of the cab driver caused the accident, the DJ may be able to seek compensation for his injuries. Although car accidents happen every day, they are nevertheless frightening for those involved. In some cases, individuals will require surgery and may be unable to work. Those individuals would likely benefit from working with an experienced personal injury attorney who can fight for the necessary compensation. Source: Huffington Post, “ DJ Jonathan Toubin In Critical Condition After Freak Cab Accident,” Dec. 9, 2011 Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.