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A slip and fall accident is one of those things that can happen to anyone, anywhere. Whether you are at home, at work, at a shopping mall, a friend’s house, or even a parking lot, you can slip-and-fall and sustain serious injuries. According to the Occupational Safety and Health Administration (OSHA), out of all accidental deaths in America, nearly 15% can be attributed to slip-and-fall accidents. Some of these accidents can be chalked up to the victim’s carelessness, but in a lot of cases, another person or entity is the culprit. A slip and fall accident is one of those things that can happen to anyone, anywhere. Whether you are at home, at work, at a shopping mall, a friend’s house, or even a parking lot, you can slip-and-fall and sustain serious injuries. According to the Occupational Safety and Health Administration (OSHA), out of all accidental deaths in America, nearly 15% can be attributed to slip-and-fall accidents. Some of these accidents can be chalked up to the victim’s carelessness, but in a lot of cases, another person or entity is the culprit. If you or your loved one has sustained injuries in a New York slip-and-fall accident at a grocery store, parking lot, or any other establishment, you can sue the person who owns or manages the said establishment. Business owners have a legal duty to ensure their premises are safe and sound. Failing to do so will make them liable for any injury that might occur as a result. What Causes Slip and Fall Injuries? As reported by the Mayo Clinic, more than 10 million people in the country get injured in slip-and-fall accidents. The Center for Disease Control (CDC) also reports that 1 in 4 seniors over the age of 65 suffer a fall. If that’s alarming enough, consider this: the National Center for Injury Prevention and Control reported that slip-and-fall accidents are the #1 cause of non-fatal injuries for people over the age of 24. There are several hazards that cause these accidents: Bad Lighting Do you live in an apartment complex or a residential community with dim stairwells and hallways? Have you repeatedly asked your property manager or landlord to fix the poor lighting but they have failed to follow through? If yes, and you or your loved one slip and fall, and hurt yourself, you can sue them for negligence. Poor Maintenance of Property in Bad Weather Landlords and business owners can be held responsible for a slip-and-fall injury if it occurred due to snow or ice buildup on their property. A little bit of accumulation of snow/ice is natural when the winter arrives, but letting it be and not removing/salting it is irresponsible. Weird Design Standards As absurd as it sounds, sometimes the engineering or architectural disasters can also cause accidents. Too narrow stairs, uneven surfaces, or sudden changes in flooring levels can cause a child or an elderly person to lose their balance and fall. Loose Debris or Trash This generally occurs on a construction site. Loose debris on a construction site – be it your workplace or a neighbor’s yard – can cause you to trip and fall. Similarly, cords that run across walkways can pose a danger. Damaged or Loose Carpeting Torn carpeting causes more slip-and-fall accidents than you may imagine. Combined with poor lighting in darker areas of a business establishment or someone’s home, worn-out carpeting or loose rugs can be a dangerous fall hazard. Slippery or Wet Floors You may have heard cases of slip and fall accidents in the lobbies of business offices or grocery stores due to slippery floors. Most property managers ensure that signs are put up to warn people about the wet or recently waxed floors, but this is not always the case. Damaged sidewalks Municipalities have a legal responsibility to keep the public sidewalks in a good condition. If you trip on a crack in a sidewalk and fall, you can hold the municipality liable for your resulting injuries. However, in these cases, it’s crucial that the fall victim takes legal action as quickly as possible because the window for filing a claim against any form of government organization is very short. Types of Slip and Fall Injuries If you slip or trip, and fall, you can sustain any number of injuries. Some of these fall injuries can be internal and will not be detectable right away. You may think it’s a minor sprain, but it could be a fracture or a torn ligament. It’s critical that you seek medical attention ASAP after a slip and fall accident. Some of the most common types of injuries suffered by slip and fall accident victims in New York include: Cuts and Bruises It’s not unusual to suffer cuts or bruises on your head, legs, arms, or hips after a fall accident. Bruises may look minor, but they are notorious for hiding severe injuries underneath the skin. If you have a bruise anywhere on your body after suffering from a fall, don’t ignore it. Take a picture of it and then get it checked out by a doctor. Pulled Muscles or Torn Ligaments In most cases, when a person falls, their muscles tense up to protect them. You may have experienced the same: when you realized you were about to fall, you may have stretched out your hands or twisted your body to catch yourself. Unfortunately, this may lead to even more damage. This last-minute twisting and turning can lead to stretched tendons, torn ligaments, or pulled muscles. These injuries will seem minor compared to broken bones or head traumas, but they are extremely painful and can be downright debilitating. It takes several weeks of rest to heal a badly pulled muscle or torn ligament. Broken Legs or Arms Broken legs or arms are very common after a slip and fall accident. These kinds of injuries need long-term therapy to deal with the dysfunctions of neuromuscular pain and the chronic pain that comes along with it. We have seen cases where the fall victim didn’t realize they had a broken bone because they were able to move their injured arm or leg easily. If you are feeling pain in a bone or a joint, it may be a broken bone. Sometimes, it’s not obvious immediately so you need to get an x-ray done after the accident. Broken Ankles or Wrists When we fall, our first instinct is to throw out our hands to prevent or protect ourselves from the painful impact of hitting the ground. This generally puts a lot of pressure on our ankles or wrists and may result in a sprain or serious damage. Damaged Knees If you fell forward on a hard surface, your knees may have taken a beating in the form of a torn ligament or a fracture. Knee injuries are very common following a fall accident, and in some cases, may require reconstructive surgery. Fractured Collarbone If you fell facing the ground, it is highly likely that you may suffer a broken collarbone as a result. Collarbones can heal fast, but they are incredibly painful so make sure you go to the emergency room immediately. Damaged Tailbone If you fell backward, onto your buttocks, then you know there is no worse pain than a bruised tailbone! A broken or bruised tailbone is extremely painful and makes it nearly impossible for the person to sit, stand, or sleep. Hip Fractures Broken hip bones are the most common fall injury in people aged 65 years or above. In fact, CDC has reported that almost all hip fractures occur as a result of slipping or tripping and falling. If the fall victim is a senior in a particularly frail condition, hip injury can prove fatal to them. Whether you are in your 30s or 60s, you will need to be hospitalized if you have suffered a hip fracture from your fall accident. Traumatic Brain Injury (TBI) When someone falls and hits their head, a head injury will be an obvious outcome. The dangerous thing with head injuries is, their effects may not appear for several hours. You may think the headache after your fall will go away on its own, but it could be a TBI that can prove fatal if not treated immediately. After a fall accident, if you experience symptoms like intense headaches, nausea, dizziness, or loss of balance, it could be a traumatic brain injury. Traumatic or not, make sure you go to the emergency room after falling and hitting your head. Injured Spinal Cords If you fell backward, onto your back, it increases the likelihood of a spine injury. And we don’t need to tell you how deadly this can be. It could be a slipped disc, a chipped vertebra, or nerve damage to the spine that can cause partial or complete paralysis. If you landed hard on your back after your fall, seek medical attention immediately even if you don’t feel much pain in your spinal cord. Treatments for these injuries can cost millions of dollars, so you may want to take legal action if this is the case. How to Prevent Slip and Fall Accidents in New York? Property owners always argue that since almost anything can cause a slip and fall accident, it’s nearly impossible to control all the factors to prevent it. And we don’t deny that. However, there are a few common-sense steps that can be taken to significantly reduce the risk of these accidents: Keep the Walkways and Aisles Clutter-Free There are a lot of environmental factors that can lead to a slip-and-fall accident, but these can be controlled by: Preventing stringing cables and cords across walking areas Keeping all passageways and work areas clean and orderly Making sure that all cabinets and table drawers are closed after use Moving objects, such as boxes, out of areas with heavy foot-traffic Reduce Slippery or Wet Surfaces You’d be surprised at how many property owners simply don’t pay attention to this! If you own or manage a property where people come and go, make sure to: Keep the sidewalks and parking lots repaired Mop up the wet surfaces ASAP Display “wet floor” signs when necessary and clean up any spills right away Use anti-skid paint of adhesive stripping on slippery floors Remove and salt the snow or ice consistently Place moisture-absorbing mats in the entry areas Install and Maintain Good Lighting Whether you are the owner of a business establishment or a residential complex, make sure the premises are properly lit at all times. Keep the hallways, stairways, and parking lots bright and clean. Make the light switched easily visible and accessible. Wear Proper Footwear A lot of slip and fall accidents occur because of wearing the wrong shoes or footwear with worn-out soles. Make sure all your shoes are in tip-top condition. If you regularly wear high heels, keep a pair of flats in your car to change into if you suspect there might be a fall hazard where you’re going. Be Mindful “Watch where you are going” may sound like silly advice but it’s always the best way to prevent a fall accident.  Sometimes, when you are in a hurry, running errands at a grocery store or climbing upstairs to your workplace, you may fail to be aware of your surroundings. Make sure you are not distracted when you are moving, especially in a shopping mall, a grocery store, or a construction site. Being vigilant of your surroundings will keep you safe in more ways than you can imagine. Contact a Premises Liability Attorney in New York All of us have tripped over something before, and in most cases, we have walked away from the incident with nothing but a minor embarrassment. However, if your injury is serious, you may have grounds to file a premise liability lawsuit against the property owner or manager. For a lot of people, suing someone may sound extreme, but remember that the medical bills you’d have to pay as a result of your accident can bankrupt you these days. If someone else’s negligence is responsible for your injuries, it’s recommended to pursue legal action to recover damages. At Rosenberg, Minc, Falkoff & Wolff LLP, we have been representing slip and fall accident victims since 1922. That’s 98 years of experience in fighting for the rights of accident victims and their families. To date, we have recovered over $1 billion in settlements and court verdicts for our clients. If you are looking for an attorney to represent your case or give you some free legal advice, call us at 212-344-1000. Our dedicated team of attorneys will love to chat with you – for free – and give you their legal counsel about the next best step. 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.

It was a typical Thursday morning on Aug. 22, 2019, when 30-year-old Samuel C. Waisbren exited the elevator lift into the lobby at the Manhattan Promenade apartment building. The lift underwent a severe malfunction and suddenly dropped, crushing Waisbren to the death between the wall and the lift-car. Three people were present inside the lift-car when the accident occurred. People present in the lobby were horrified by the event. Another man named Tyler Hartsfield, who was present in the same elevator and had managed to jump out of the lift before Waisbren was killed, reportedly said that he still has nightmares of the incident. It was a typical Thursday morning on Aug. 22, 2019, when 30-year-old Samuel C. Waisbren exited the elevator lift into the lobby at the Manhattan Promenade apartment building. The lift underwent a severe malfunction and suddenly dropped, crushing Waisbren to the death between the wall and the lift-car. Three people were present inside the lift-car when the accident occurred. People present in the lobby were horrified by the event. Another man named Tyler Hartsfield, who was present in the same elevator and had managed to jump out of the lift before Waisbren was killed, reportedly said that he still has nightmares of the incident. Faulty NYC Elevator The elevators were known to be faulty well before the accident. Many tenants had made multiple complaints about the elevator's defects, which included wobbling lift-cars, lifts stopping midway between floors, and the elevator doors not fully opening or closing shut. The building management reportedly never fixed these issues. The NYC Department of Buildings had also discovered that a safety device in one of the apartment's lifts was 'tampered with' and consequently 'rendered inoperative.' On May 29, the apartment building owners were ordered to cease the elevator's operation until it was fixed. They were even fined $1,300. The Aftermath The victim’s grieving family filed precautionary papers in the Manhattan Supreme Court before legally pursuing a wrongful-death case against the apartment building owners and the elevator company, holding the two parties responsible for the death of their son. The personal injury lawyer who was representing the victim’s family corroborated that the tenants had made complaints about the elevator's poor condition and that the management didn’t take any actions to fix it despite being aware of the faults. Although there are more than 70,000 elevators lifts in New York City, elevators' deaths are rare. But there have been some elevator accidents in NYC before; a 44-year old woman and a 25-year old man died in elevator accidents in 2011 and 2016, respectively. Residents of buildings often suffer injuries or even pay with their lives when the owners of buildings fail to take adequate care of the facilities out of negligence. Incidents such as the one that killed Waisbren are caused by carelessness on behalf of the building authorities and can warrant millions of dollars in compensation if they result in injury or loss of life. The Legal Aspect If you were injured in an elevator accident, you could file a lawsuit against the parties responsible for the incident. Also, if a family member or friend of yours was killed in such an accident, you can file a lawsuit with the help of a personal injury attorney on behalf of the victim’s family to get compensation for their legal heirs. It is a good idea to discuss your case with experienced accident lawyers who specialize in lawsuits related to elevator accidents. Hiring a lawyer with experience in similar cases, whether it's a personal injury lawyer, a wrongful death attorney, or even a pedestrian injury lawyer, will increase the likelihood of winning your case. Contact a personal injury lawyer NYC to discuss your case and decide whether it is feasible to file a lawsuit. 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.

Interstate 95 or I-95 is one of the most dangerous highways in the United States, a report based on a new study on auto-accidents in NYC has found. The highway that helps drivers cross the Washington Heights and the Bronx has three significant accident hotspots. The report by Go Safe Labs, a non-profit organization, included all of the three spots in the list of the top ten least safe places for drivers in 2020. With more than 100 automobile accidents and crashes reported at each of the hotspots in 2019, researchers are not surprised considering that these sites are also included in the list of most traveled routes in the US. Interstate 95 or I-95 is one of the most dangerous highways in the United States, a report based on a new study on auto-accidents in NYC has found. The highway that helps drivers cross Washington Heights and the Bronx has three significant accident hotspots. The report by Go Safe Labs, a non-profit organization, included all three spots in the list of the top ten least safe places for drivers in 2020. With more than 100 automobile accidents and crashes reported at each of the hotspots in 2019, researchers are not surprised considering that these sites are also included in the list of the most traveled routes in the United States. I-95 Crash Hotspots: A Breakdown One of the three accident hotspots on Interstate 95 in NYC is situated where drivers approach the George Washington Bridge and where Interstate 95 crosses Riverside Drive. The other two are located at both ends of the Alexander Hamilton Bridge, which connects the Bronx to Washington Heights. Go Safe Labs' findings are based on 1.8 million accident records gathered between 2018 and 2019. The most dangerous of these hotspots is the one at the end of the Alexander Hamilton Bridge on the Washington Heights side, with 208 crashes recorded in 2019 alone. The second hotspot with 142 car crashes in 2019 is located on the other side of the Hamilton Bridge; to the Bronx's end. The George Washington Bridge and Riverside Drive crossing crash point observed 132 accidents in 2019, placing it at number seven on the list of the most dangerous routes in America. The number of crashes on I-95 grew by 6.8 percent from 2018 to 2019. Despite these numbers, Houston tops the list as the city with the most number of hits. On the other hand, New York City is not mentioned in the top ten list of cities with most car crashes. But when we look at the data, the I-95 alone accounts for a significant chunk of the overall highway crashes in NYC. The dangerous cash points here are surrounded by bridges and overpasses and witness dense traffic for most of the day. The wing-walls, entrance posts, and slopes also increase the risk of crashes. NYC is known as a dangerous place for commuting due to the high number of car accidents. These accidents injure and kill hundreds of people every year. Road quality and maintenance are the state's responsibility, which means you can hold the government accountable for accidents that happen due to the authorities' negligence. The Legal Aspect Sustaining injuries in car accidents could entitle you to financial compensation. Also, if someone is killed in such an incident, their family members can file a lawsuit for damages. To file a strong case and get compensation, you will need the help of an experienced personal injury lawyer. Accident lawyers specialize in different cases. By using the service of an attorney who has experience in handling cases similar to yours, your chances of winning the case will increase substantially. Depending on the incident's nature, it would make sense to hire a personal injury attorney, a car accident attorney, a wrongful death attorney, or a pedestrian injury lawyer to pursue your case. Discuss your case with a personal injury lawyer NYC to find out if it makes sense to file a lawsuit. 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.

The parents of an Oregon man who died of burn injury after a fire in his apartment in Northeast Portland have taken legal action against the building owner Firestarter and the accused assailant Ryan Thomas Monaco. Batool Alhaji and Ali Alhaji, the parents of the victim Taher Ali Alhaji, have filed a $6 million wrongful death lawsuit against Firestarter and Ryan Thomas Monaco, according to a report. The parents of an Oregon man who died of burn injury after a fire in his apartment in Northeast Portland have taken legal action against the building owner Firestarter and the accused assailant Ryan Thomas Monaco. Batool Alhaji and Ali Alhaji, the parents of the victim Taher Ali Alhaji, have filed a $6 million wrongful death lawsuit against Firestarter and Ryan Thomas Monaco, according to a repor t. The Charges Police reports suggest that Monaco went to the apartment where his ex-girlfriend resided with Jason Miller and Alhaji. He allegedly set a couch on fire in the apartment, which resulted in the dead of Miller and Alhaji. Monaco’s ex-girlfriend, Ashley Mercier, had left the apartment before the fire. The entire incident started after a heated discussion at the apartment and was described by Mercier as ‘a nightmare.’ Police recovered text messages sent from Monaco to Mercier that contained multiple threats, including a threat to set her apartment couch on fire. They even recovered surveillance camera footage of Monaco going to the apartment and then fleeing the fire scene shortly after. When the first responders and authorities arrived at the scene, the victims had already died. They recovered two bodies from the apartment, along with the corpses of a dog and several reptiles. Monaco was charged with three counts of arson, four counts of aggravated murder, strangulation, and four animal abuse counts. Other charges lifted the total indictments to 17. Batool Alhaji and Ali Alhaji sued Monaco as the main culprit, as well as the apartment owner, Farhoud Mohommad, and the apartment manager, Moe Farhoud, for failure to keep a functional fire detection and escape system in the building. The Legal Aspect A wrongful death claim involves a lawsuit filed by the victim’s next of kin. They can press charges to get economic and non-economic compensation for their loved one's loss of life. The economic compensations include the loss of inheritance, loss of benefits, loss of contributing salary from the deceased, and the medical and funeral costs. The non-economic compensations have more value than the economic ones since they are less tangible. Tahir Ali Alhaji’s parents sued over non-economic damages in this case. Cases of wrongful or accidental death can be of many sorts: personal injury, medical malpractice, car accidents, weak working conditions, etc. Contact a Personal Injury Lawyer NYC If you live in NYC and think a loved one had wrongful death or suffered a personal injury, you can file a lawsuit. However, it is imperative to discuss the case with a competent personal injury lawyer in New York before taking legal action. A good personal injury attorney will discuss the relevant laws with you, assess the evidence, and determine the strength of the case. If it makes sense to press charges, the lawyer will say so and provide you with the legal roadmap to file and pursue the lawsuit. Different lawyers specialize in different sorts of cases. Specializations for wrongful death cases could include a burn injury lawyer, road accident lawyers, pedestrian injury lawyer, personal injury lawyer, etc. Contact us on 212-344-1000 today to discuss your case with our legal experts. During the free and confidential consultation, our personal injury and wrongful death attorney will tell whether it is suitable to go ahead with a lawsuit and if there’re any chances of success. 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.

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my experience with this law firm was a very positive one. the staff as well as attorneys were very courteous and professional in handling my case. I would definitely recommend Rosenburg, Minc, Falkoff & wOLFF, llp TO ANYONE THAT I KNOW THAT IS NEED OF AN ATTORNEY. I TRULY APPRECIATED THE EXPERIENCE.

Steve Falkoff is an amazing attorney and very professional. I just want to say thank you for taking on my case and for always answering any questions I had for you. I also want to say how I appreciate you for taking the time to call me back even when you were on vacation with your family to answer one of my questions no one would ever do that. You did an exceptional job for me on winning my case and I can’t thank you guys enough. I will highly recommend your law office.

My wife and I came to this law office after my wife had an injury in a hospital. We spoke to Ms. Ingrid Johnsson and she assured us that we would get the compensation we deserve. After calling so many law firms nobody was willing to take the case. But the Rosenberg law firm was willing to take the case. Thanks to her, Mr. Rosenberg, and their law firm, we received more than we ever expected and the service they provided was absolutely amazing. I would absolutely recommend this law office to any other person who was in need like my family was.

When you a rent a car, you may be tempted to waive the supplemental insurance of the rental company to reduce your cost. That is the first instinct of many people because nobody imagines that they could be involved in a car crash with just one trip in a rental car. However, the harsh reality is that accidents can happen anytime, and they do happen even when you are driving a rental car. Your rental car accident in New York may occur due to another driver’s negligence even if you are a careful driver yourself. It’s vital to understand who could be held liable in a rental car accident personal injury case, and how you can obtain maximum compensation for your injuries. Steps to Take after a Rental Car Crash in NY If you have suffered injuries in an accident in a rented car in New York, your first step should be to seek prompt medical care from a doctor or visit an emergency room. If you are seriously injured, you should call 911 and seek emergency support. As soon as you are in a position to take further action, you should call the police and report your accident (regardless of whether or not they come to crash site). Depending on your condition at the time of accident, you should also try to exchange contact details and insurance information with the other driver and obtain name and phone number of any eyewitnesses. Thereafter, you have an obligation to inform your rental car company about the accident because they own the vehicle that you were driving at the time of the crash. You should carefully note down the instructions you receive from the rental car company’s representative and follow them carefully. Finally, you should speak to an experienced rental car accident attorney in New York to evaluate your claim for damages. How to Determine Liability in a New York Rental Car Accident? The Graves Amendment says that if a rental car driver suffers an accident or injury, the rental car company cannot be held liable. In other words, you cannot file a personal injury claim against your rental car company just because they were the owners of the vehicle. But the rental car company’s liability is not absolved under all circumstances. If the rental car company contributed to your accident because of their negligence in maintaining the rental vehicle or in their renting process, you may be able to successfully sue them for compensation for your injuries. The rental car company may have failed to service the automobile properly, or they may have ignored the scheduled maintenance of the vehicle. In exceptional situations, they may have rented the vehicle to a dangerous driver which was avoidable by a simple background check. In general, the negligent driver who caused the accident will be held liable in a rental car crash – just was in a personal auto accident. However, issues related to insurance can be more complicated in rental car accidents. What does the Graves Amendment Say? The Graves Amendment pertains of a 2005 federal highway law that bars the filing of vicarious liability lawsuits against car rental service providers for injuries caused by negligent drivers (who are customers of the car rental company). The exception is when it can be proved that the car rental company’s actions or negligence resulted in those injuries. According to the federal law, just the fact of ownership of a rental vehicle does not make the owner liable for damages or injuries resulting from the use of that rental car during its duration of lease or rental, subject to the following two conditions: The rental car service provider (owner) is involved in the business or trade of leasing or renting automobiles The owner has not committed any criminal wrongdoing or negligence Rental cars in many cases cross state lines, which means they are involved in interstate commerce. Therefore, state liability laws are preempted by the Graves Amendment. Rental Car Accident and the Role of Insurance Many rental car drivers assume that their private auto insurance coverage can be used if they are involved in a crash while driving a rented vehicle. But instead of assuming this, you need to check whether this is really the case. Review your insurance policy terms to see whether rental car coverage is included or has it been specifically excluded. You should also differentiate between two types of coverage: Collision coverage will be applicable to any damages occurring to your own car, which means that the cost of fixing or replacing the car (up to the maximum amount of coverage). Liability coverage will reimburse for injuries that another person suffers because of you in a car accident as well as property damage you cause in an accident (up to the maximum amount of coverage). Collision Damage Waiver Your rental car company in New York will ask you whether you have personal car insurance coverage. Irrespective of your response, they will offer you a “collision damage waiver” at an additional charge. This waiver is only applicable to any damage that may occur to the rental car. With this option, you can be relieved of any potential liability to get the rental car repaired or replaced at your own cost, and it becomes the rental car company’s liability. However, collision damage waiver will not apply to bodily injuries that may occur to another person because of your fault while driving. Rental Car Accidents – Types of Coverage Rental car insurance coverage can be unique to your case. As renter, you could have multiple insurance policies in place that cover the accident. For instance, you could supplement your own personal insurance coverage with the insurance of the rental car company. In general, rental car accidents involve the following types of insurance: Insurance of the rental car company Your own no-fault insurance Bodily injury insurance of the other party Credit card rental insurance What Happens When Your Rental Car Crash Occurs due to Another’s Fault? If you are injured in a rental car crash for no fault of yours, you may be able to claim compensation for your injuries and losses from the at-fault driver. Establishing fault in a rental car crash is vitally important because otherwise you could be held liable by the rental car company for damages to the vehicle. Your contract as a renter with the car rental company may require you to pay for vehicle damages directly to the company even before your personal injury claim with the at-fault party is settled. Therefore, if you fail to establish fault of the other party, your car rental company is not going to reimburse you for the vehicle damages you pay to them. Compensation in a rental car accident related personal injury claim are similar to those in case of a personal auto accident. Depending on the facts and circumstances of your case, you could claim compensation for your medical costs, loss of income, pain and suffering, and future loss of wages. Make sure you choose an established New York rental car crash lawyer who provide you a robust legal representation and get you the best possible compensation. Liability of the Rental Car Company for Your Injuries In most situations, the rental car company in New York will escape liability for your personal injuries. It will usually be a legal fight between you and the other driver regarding who did what in the moments leading up to the crash. Rental car companies are rarely a party in such personal injury lawsuits. But you should be aware of exceptional situations where the rental car company could be held fully or partly liable for your injuries. Your rental accident attorney in New York City can try to prove that the rental company was negligent in maintaining the car. They could also establish that the rental car company knowingly ignored a serious vehicle defect that contributed to your accident. For instance, your rental car accident may have occurred because the ABS braking system did not operate correctly. You might have pressed the brakes of the vehicle safely, but the vehicle might have failed to stop within a reasonable distance. If this situation caused your accident or injuries, you could hold the rental car company liable for damages. Talk to the Dedicated Rental Car Accident NYC Attorneys at RMFW Law Rosenberg, Minc, Falkoff & Wolff is one of the pre-eminent New York law firms with thorough knowledge and experience of rental car accident personal injury cases. Our seasoned rental car crash lawyers will evaluate your claim carefully, collect strong evidence to back your claim, and make the entire legal process swift and effective as much as possible. We understand the local and federal laws related to rental car accidents, and will prepare a compelling legal strategy to help you obtain maximum compensation for your injuries. We will hold all the at-fault parties accountable and make sure your rights are fully protected. Rosenberg, Minc, Falkoff & Wolff will fight your personal injury case on a contingency basis. To schedule a free consultation, call us today at 212-344-1000. 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.

While driving in New York, you might find yourself in a situation that calls for pulling over to the shoulder of the road. It might seem safe to do. However, it is one of the places on the road that is most fraught with danger. For this reason, this step should only be taken in emergency situations when there are no other options. Statistics can clearly show the dangers of pulling off of the road, even in emergencies. The shoulder of the road is the place where more than 1,500 people get injured or killed annually. Due to the dangers of this maneuver, determining liability can be complicated. It might be possible that a driver, while trying to pull over onto the shoulder, does not pull over far enough and obstructs the nearest lane. This can dramatically increase the chance of an accident. Since oncoming cars can easily confuse vehicles on the shoulder as vehicles in a different lane, the probability of accidents can definitely increase. Often, this results in a crash. What Causes Shoulder of the Road Accidents? While it is unavoidable at times, the shoulder of the road is a dangerous place to stop at. Often, drivers do this when they suspect a problem with their vehicles. Pulling over to the shoulder happens more frequently during the peak summer and winter months as the extreme levels of heat or cold can cause cars to develop faults or breakdowns. The most common reasons why motorists might choose to pull over include: Bad weather Empty fuel tank Distractions that need immediate attention Issues with the tires Issues with the brake Problems with the engine While these may seem reason enough to justify safely bringing the vehicle to a stop, parking on the shoulder of the road is still a risky proposition. The risk of collision can increase significantly when a car is parked on the shoulder of the road, especially if it blocks the nearest lane. In the event of an accident, both the parked vehicle and oncoming traffic can face injuries. Preventing a Shoulder of the Road Accident Experts can testify that shoulder of the road accidents can be serious and even fatal. It can affect both innocent victims and those at fault. It is always smart, therefore, to be responsible and prevent these accidents. This is what you should do if you experience car problems on an expressway: If possible, exit the expressway If you absolutely must pull over, safely pull over to the right side Turn on the hazard lights of your vehicle Ensure that no part of your vehicle is jutting out on to a traffic lane Do not exit your vehicle with oncoming traffic Call for help if you need Similarly, if you see a vehicle stopped on the shoulder, you should: Safely move a lane away from the vehicle Ensure that there is enough room for other cars or emergency responders on the shoulder If you see crews working on the side of the road, slow down Watch out for people emerging from vehicles parked on the shoulder Here are some things you can do if riding a bicycle: Always use a reflector and a headlamp Remember that other drivers might not be able to see you and proceed with caution Try to avoid riding a bicycle in bad weather Ensure full compliance with all local and state traffic rules How To Determine Fault in a Shoulder of the Road Accident? Shoulder of the road accidents can result from many factors. While it might be complicated to determine fault, you can definitely pursue just compensation for your losses with the help of competent legal representation. At Rosenberg, Minc, Falkoff & Wolff, LLP, we can provide you excellent legal guidance and support to you as we have vast experience in handling such cases. Several important factors must be taken into account while determining fault in a shoulder of the road accident. These include: Where the car was parked on the shoulder and whether it was blocking any traffic lane If the driver had turned on the hazard lights of the parked car The reasons why the driver chose to pull over and whether there were viable alternatives Why the moving vehicle collided with the one parked on the shoulder Weather conditions and the time of day In order to recover compensation, the negligence of the driver assumed to be at fault needs to be established beyond doubt. This is accomplished by establishing that the driver at fault had a duty to not impede traffic or avoid the vehicle on the shoulder. The dereliction of this duty is what needs to be responsible for the accident, directly causing damages to the plaintiff. These nuances can make determining fault in  shoulder of the road accidents quite complicated. If you or someone you care about has suffered a shoulder of the road accident, it is smart to look for a tenacious and experienced New York attorney to act on your behalf. Shoulder Of The Road Accidents – Possible Scenarios Being stuck on the shoulder because of an emergency In general, motorists avoid parking on the shoulder. An emergency or a mechanical problem can force their hand and this is where shoulder of the road accidents mostly stem from. You might have to pull over due to overheating, a flat tire, or a blowout. In such cases, trying to park on the shoulder might be the only option you have left. However, there is always a chance that you are stuck on the shoulder of a busy city street, an interstate roadway, or a bustling freeway. The likelihood of getting a safe, low-traffic area with a wide shoulder can be very low. Therefore, while pulling over might be the only way to deal with the issue you face, it still remains a dangerous thing to do. Inclement weather conditions and high speed While pulling over to the shoulder can be reason enough to be nervous, certain factors can make matters a lot worse. Speeds in excess of 65 miles per hour can be commonplace in freeways. Add bad weather and distracted drivers to the mix and the potential for disaster can skyrocket. The margin of error here can be minuscule. There is very little likelihood of getting a safe and wide shoulder where you can relax. You can be very close to heavy traffic. Bad weather can diminish visibility. While it is recommended for drivers to adjust their speeds depending on road and weather conditions, things do not work that way most of the time in reality. Roadside emergency troubles Shoulder of the road accidents typically start with a roadside emergency of some kind. Something as simple as an empty gas tank or a flat tire can be responsible. You might do the responsible thing and pull over to the shoulder, remain vigilant, check your mirrors, and look both ways before stepping out of your car. You can try your best to keep an eye on traffic while sorting out your emergency. You might have a friend who can provide help or a good Samaritan who would stop to assist. During any of these moments, you can fall victim to a severe accident. Has a Shoulder of the Road Crash Caused You Injury? In spite of trying to be as safe as possible, a shoulder of the road accident can happen to you at any time, especially in the case of another driver displaying negligence on the road. If you get injured or someone close to you loses their life, you might have the door open to bring a civil claim against the driver at fault. According to New York laws, you can seek compensation regarding: Your pain, suffering, and mental trauma Any medical bills you incurred as a result of the accident Any income you might lose being rendered unable to work Loss of companionship Having a seasoned lawyer by your side can make things easier following an unfortunate accident. At Rosenberg, Minc, Falkoff & Wolff, LLP, we take pride in providing stellar legal services to victims of accidents who suffer because of the negligence of others. With our help, clients in New York have been able to recover millions of dollars in damages. Our reliable attorneys can help you with your search for adequate compensation after a shoulder of the road accident. You can get the process started by scheduling a consultation with us by filling our online contact form or calling us at 212-344-1000. We do not charge any fee until we win compensation for you. 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.

Unsafe lane changes can be incredibly risky – for the motorist who is moving into the lane as well as for the motorists that are already occupying the lane. The National Transportation Safety Board (NTSB) reports that unsafe lane changes are responsible for more than 530,000 accidents – accounting for approximately 10% of all roadway accidents – every year. When a motorist suddenly decides to move into a lane, the risk of a collision is very high, as they might momentarily lose control of their vehicle and collide with another vehicle which is already occupying the lane. In some cases, the motorist who is already occupying the lane might notice the oncoming vehicle and try to take evasive maneuvers, which in turn might cause them to lose control of their vehicle and collide with another vehicle or a stationary object. Unsafe Lane Change Accidents – A Look at the Most Common Contributing Factors Data shows that in a vast majority of cases, lane changing accidents are caused by the negligence of the motorist who is moving into the lane. Given below are the most common causes of lane changing accidents. Failure to Check Blind Spots The term blind spot refers to any area – directly behind or on either side of a vehicle – which is not visible to the driver. While rear-view mirrors and side mirrors can greatly reduce a vehicle’s blind spots, they cannot eliminate them altogether. This is why motorists must look over their shoulders and check their blind spots before switching lanes. When they fail to do so, the likelihood of a collision increases considerably. Drunk Driving Drunk driving can increase the risk of vehicular accidents – including and especially lane change accidents – to a significant extent. A drunk motorist might not be able to judge the distance between their vehicle and the vehicles that are already occupying the lane, as a result of which they are more likely to a collide into another vehicle. Alcohol is also known to affect motor skills, which means a drunk driver is more likely to lose control of their vehicle compared to a sober driver – especially while changing lanes. Distracted Driving A motorist is supposed to keep their eyes on the road and hands on the wheel all the time. If they get distracted for any reason – eating, chatting with passengers, texting, or talking to someone on the phone – they are more likely to make a mistake that can result in an accident. Especially, if a motorist gets distracted while changing lanes, they might fail to check if it is safe to do so and as a result might collide into another vehicle. Unsafe Driving Habits If a motorist drives in an unsafe or reckless manner, they are more likely to cause an accident, especially while performing risky maneuvers like lane changing. Unsafe driving habits that can cause lane changing accidents include: Speeding Failing to signal before attempting to change lanes Attempting to change more than one lane at the same time Attempting to change lanes at a busy intersection Drifting into a lane in a reckless manner Lane Changing Laws in New York Section 1128 of New York State Vehicle and Traffic Law requires motorists to check whether it is safe to make a lane change before attempting to do so. If they fail to do so, and if their actions result in an accident, they can be legally held responsible for resulting damages. How to Determine Fault in a Lane Changing Accident in New York? In most cases, the motorist who enters or merges into a lane will be held responsible for any accident resulting from their actions. This is because the motorist who attempts to change lanes is legally required to check whether it is safe to do so. Even if a motorist believes that it is safe to enter or merge into a lane, they must use their turn signal to alert the motorists who are already occupying the lane. Failing to use the turn signal, especially while changing lanes, is considered a traffic violation in New York. So, in case of a crash or a collision, the merging driver will be held responsible for the resulting damages. Comparative Negligence Doctrine in New York Since 1975, New York has been following the comparative negligence doctrine for assigning liability in personal injury cases. Under the doctrine of comparative negligence, both parties involved in an accident can be held liable for the resulting damages, depending on the extent to which their actions contributed to the accident. For instance, if two motorists attempt to change lanes at the same time – a practice commonly referred to as sideswiping – they can both be held equally liable for the accident. Similarly, if a motorist who is already occupying the lane tries to prevent another motorist from merging into the lane, they can be held liable for the accident as well. In these kinds of cases, the amount of compensation awarded to the victim will be reduced in proportion to the degree to which their actions contributed to the accident. If, for example, you are found to be 20% at fault for the accident, and if you have been awarded $100,000, your compensation will be reduced by 20%, which means you will receive $80,000. The comparative negligence doctrine makes it easier for lane change accident victims to sue the driver at fault, even if their own actions contributed to the accident to a certain extent. In contrast, in states which follow the contributive negligence doctrine, if a victim is found to be partially at fault for the accident, they will lose the right to seek compensatory damages from the at-fault motorist. Interestingly, prior to 1975, New York also applied the contributive negligence doctrine for personal injury cases. In 1975, it was changed into a pure comparative fault law, which is fair to all the parties involved in an accident. Penalties for Unsafe Lane Changes in New York If a motorist in New York attempts to change lanes in an unsafe manner and causes an accident, they can be held liable for the injuries and property damage resulting from the accident. In addition to this, they also have to face the following penalties. A fine of $150 (if it’s their first offense), a fine of $300 (if it’s their second offense within a span of 18 months), or a fine of $450 (if it’s their third offense within a span of 18 months) A state surcharge of $88 or $93 Three points on the driver’s license It should be noted that if a driver receives six points within a span of 18 months, they have to pay a Driver Responsibility Assessment (DRA) fee of $300. They have to pay $75 for every point they receive over six. If they receive 11 points within a span of 18 months, their driver’s license will be suspended. Compensation for Victims of Lane Change Accidents in New York If you are injured in a lane change accident as a result of another motorist’s negligence, you can seek compensation for the following damages. Medical expenses (the costs associated with surgery, hospitalization, physical therapy, medications, and mobility aids) Lost wages Reduced income capacity, if you are left with a physical or mental disability which restricts your ability to work and earn money Pain and suffering Emotional distress Diminished quality of life How a Lane Change Accident Lawyer Can Help You An experienced lane change accident lawyer can take care of all the legwork involved in filing a personal injury claim or lawsuit against the at-fault party, including: Investigating the accident to find out who was at fault. Gathering the evidence needed to establish the at-fault motorist’s liability. Gathering the documentary evidence needed to support your personal injury claim, including your medical bills, prescriptions, physician’s report, and proof of lost income. Handling the paperwork associated with filing a personal injury claim. Negotiating on your behalf with the at-fault motorist’s insurance company for a settlement. Filing a personal injury case in a court of law to recover damages from the at-fault motorist. Experienced Lane Change Accident Lawyers in New York If you or someone in your family has been injured in a lane change accident in New York, the personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff, LLP can help you. Our law firm has been representing victims of vehicular accidents for nearly a century. Our attorneys have the skills, resources, and trial experience needed to establish the liability of at-fault motorists in personal injury lawsuits involving lane change accidents. We are proud to say that we have a 95% success rate and have recovered over one billion in compensatory damages for our clients over the years. If you or any of your family members have been injured in a lane change accident, call us today at 212-344-1000 to schedule a free consultation with one of our New York lane change accident lawyers. We can help you get justice and make sure you receive the compensation that you are entitled to. 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.

Nearly 60,000 accidents and 500 fatalities happen each year in garages and parking lots as per data collected by the National Safety Council. Cars and other vehicles have blind spots which can make bicyclists, pedestrians, motorcyclists, and other automobiles almost invisible to a careless driver that forgot to check their immediate surroundings before backing up. Understanding Backover Accidents Backover accidents take place when a truck, car or SUV strikes a non-occupant such as a bicyclist, pedestrian or another car while backing up. Almost 60% backover accidents involve vans, trucks, SUVs and other large sized vehicles with significant blind spots or large areas immediately behind the vehicle which is unseen by the driver. The primary concern for a new driver is to check their surroundings. Unfortunately, as we get older we become overconfident in our driving abilities and fail to check blind spots or surroundings adequately. There are more than 18,000 backover accidents resulting in injuries each year as reported by the National Highway Traffic Safety Administration (NHTSA). Out of these, nearly 3,000 result in incapacitating injuries. Children below the age of 5 are at a particular risk of not being seen by drivers owing to their small stature. New York Drivers’ Duty While Backing Up Backing up accidents can cause severe injuries and even death. This is especially true when the person injured is a bicyclist, unprotected pedestrian or a motorcyclist. Owing to the serious nature of these accidents, Section 1211 of New York State Vehicle and Traffic Law requires that no driver will back their vehicle without checking their surrounding and establishing that their movement does not interfere with traffic. It constitutes to negligence when a driver fails to adequately check their surroundings before backing up. This means that drivers in a backover accident can be held legally liable for all damages and injuries as a direct result of the accident if they failed to ensure that the path was clear. You may be entitled to recover compensation if you or a loved one was injured by a truck, car or SUV that backed into you. Backing Up Accident Causes The primary cause of backover accidents is a driver not seeing the other person because they are essentially in the blind spot. This refers to the area right behind the vehicle which is unseen by the driver through the back window, rearview mirrors or side mirrors. Large vehicles like vans and SUVs tend to have larger blind spots. This necessitates drivers to be extra cautious when driving in reverse. Backup cameras are certainly helpful. But, the drivers still need to carefully ensure that the path is clear for them to safely reverse. Another cause of backing up accidents is failure to ensure that no one is moving behind the vehicle. This is quite common in parking lots which see a lot of pedestrian traffic walking directly in the path of drivers who are backing up. Drivers must make it a habit to carefully look in all directions before hitting reverse. They should never rush into backing up. Instead, should move cautiously and slowly to prevent an accident. On an average 18,000 injuries and 290 deaths occur each year in the country because of backover accidents as reported by the National Highway Traffic Safety Administration (NHTSA). Most victims are under 5 years old or above 70 years of age. Majority of backover accidents take place in residential driveways and parking lots. Additionally, bicyclists and pedestrians are the most frequent backover accidents victims. Backover Accidents Cause Crippling Injuries in Children Unfortunately, most drivers that hit a child while backing up barely realize they have struck someone. Majority of children that get hit are generally not tall or bulky enough for drivers to see in the rear view or side mirrors. The child falls after being struck and the automobile continues to move. Children that get knocked to the cement or asphalt suffer deadly and debilitating head injuries and fractures. Many even get dragged by the car if a piece of their clothing or body part gets caught in some part of the vehicle. Children can easily get crushed and rolled over by the vehicle if it moves after striking them. The sad part is that most parents and their relatives cannot recover from the guilt consuming them for the rest of their lives. How can Backover Accidents Be Prevented? Backing up car accidents usually occur in residential areas and parking lots where children and adults walk close to the back of a vehicle. They are almost always preventable and failure to do so can result in serious and fatal injuries. Everyone has a part in preventing and reducing backover accidents. This includes the driver, car manufacturer, government, and people using the sidewalks and roads. The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has made it mandatory for all new vehicles to be equipped with a rearview video system (RVS) and other life-saving technologies. Backover accidents, in addition to driver assistance technology, can also be prevented by the following: Driver caution: It is imperative that drivers always look behind them, check their mirrors, and pay special attention to blind spots before backing up. Reversing slowly and being cautious can go a long way in reducing the chance of hitting someone or something. Bicyclist and pedestrian precaution: Bicyclists and pedestrians should be aware of where they are heading. They should look out for cars and drivers that may not be able to see them. This is especially important when approaching a steep incline, in a residential area, and while on the roadway. It is always better to be cautious than erroneously assume that the other driver will see you. This is true even when you have the right of way. Children education: Because children are at a particularly high risk of being injured in backover accidents, it is imperative that they be taught good practices. Accidents involving children can be prevented by teaching them not to play around cars. However, educating children can only go so far. Adults should keep an eye on their children when they are playing in the yard or near other cars. They should also hold their hands when walking in a parking lot. Driver assistance tech: A lot of accidents can be prevented with the help of backup sensors and mirrors. Using these safety devices in combination with adequate awareness of surroundings and driver caution can help prevent backover accidents. Prevention of Backing Out Accidents with Driver Assistance Technology The number of backover accidents can be greatly reduced with the help of driver assistance technology because they allow drivers to be better aware of their surroundings. Few technologies can even sound an alarm or a warning so as to avoid accidents. All new vehicles are mandated to come with such devices for increased road safety. Technology that aids drivers to avoid backing out accidents includes: Rear Automatic Braking: These systems help engage the automobile’s brakes to avoid colliding with another person, object, or animal behind the vehicle. Backup Camera/Rearview Video System: These provide drivers with a clear rear view of the vehicle. It is easy to see a person, object, or animal behind the vehicle. Rear Cross Traffic Alert: This system sounds an alarm to warn the driver when it senses a potential collision with any object or car that doesn’t fall within the view of the backup camera. It is important to understand that having just driver assistance technology is not enough and you cannot replace it for driver caution. Even if your car is equipped with all these technologies, you still need to check your surroundings and be careful of all blind spots prior to backing up. The few extra seconds it takes to do this could be the difference between life and death. You may be entitled to compensation if you or your loved one suffered injuries because a driver did not exercise caution while backing out. Consult With an Experienced Backover Accident Attorney Today At Rosenberg, Minc, Falkoff & Wolff, LLP in New York we have the experience of representing victims of a broad range of accidents, including bus, truck, car, and motorcycle crash. Our dedicated litigators are aware that when it comes to backover accidents, there are a multitude of sensitive and devastating factors that need to be addressed. Sadly, most victims that fall prey to these tragic accidents are small children. All our backing up accident lawyers have required experience and background to successfully prosecute your case from the start through the matter’s conclusion, whether it is arbitration, mediation, settlement or verdict. Additional court proceeding called ‘infant compromise’ is initiated when the victim of a backing up accident is a child. This requires a certain level of preparation to increase the likelihood of the Judge approving settlement if the case gets resolved without going to trial. The attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have resolved a wide variety of such lawsuits over the years. Give us a call today at 212-344-1000 for a free consultation with one of our esteemed and qualified attorneys. 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.