NEW YORK – Distractions for New York drivers are seemingly endless. Busy Brooklyn residents resort to having breakfast, applying makeup, and holding important conversations behind the wheel. Sometimes, those conversations take place via text messages and lead to a car crash.
Texting is strictly forbidden under New York Traffic law, meaning that a distracted driver caught texting could face penalties. In the event that you were hurt due to a distracted driver striking your car, you may hold that driver liable for your accident and related damages.
To ensure all goes smoothly with your car accident case, take these measures as soon as possible after your texting and driving accident in Brooklyn.
Responding to a Texting and Driving Accident
Seek medical care. If you were hurt because of an accident, it’s important to establish a medical record. Failing to seek medical care will demonstrate to the liable party’s insurance company that the effects of the accident were negligible. Keeping all your medical records will serve as proof of your medical bills, which are among the easiest damages to prove in a car accident case.
Get a copy of the police report. The police report will contain critical information about the other driver, including his or her:
As well as:
Names and contact information of any witnesses
Whether the driver received a citation for the accident
Obtain witness statements.Car accident victims in Brooklyn must be able to prove that the liable party caused the accident. In a texting while driving accident case, it is necessary to prove the other driver drove distractedly the time leading up to the crash. One way to do this is to secure written statements from witnesses who observed the accident. The sooner they can jot down their recollection of the events that unfolded, the more accurate their statements will be. These statements will provide vital support for your claim.
Alert the prosecutor that you were hurt. A driver ticketed for texting and driving may hire a lawyer to plea the ticket down to a lesser offense. You can ensure the other driver is held accountable for texting and driving by notifying the prosecutor that the accident he or she caused led to your injuries.
Hire an accident attorney in Brooklyn to deal with the other driver’s insurance company. Representatives from the liable party’s insurance company will likely contact you soon after the accident to seek information that they can use to reduce your settlement. While you are recovering from your injuries, it’s best to allow a competent and experienced lawyer take over all interactions with insurers.
Brooklyn Accident Lawyers Help Victims of Texting and Driving
NEW YORK – If you were recently awarded a settlement for a personal injury accident in New York, you might have been surprised to learn that you have a lien against your settlement funds. According to top personal injury lawyers in Queens, a lien is a legal right that allows a person or entity (usually a healthcare provider) to take part of your settlement award as payment for a debt that you may owe. Liens are often placed on personal injury settlements when a creditor covers the upfront costs of care soon after an accident takes place.
Liens generally stay put until the debt is paid off. In some rare cases, it may be possible to negotiate the lien down and avoid the full cost of the debt. If you have a lien on your personal injury settlement, a personal injury lawyer can help you ensure you don’t pay back more than what is required by law.
Who Can Put a Lien on My Personal Injury Settlement?
A “lien holder” is the entity to whom you owe a portion of your personal injury settlement. Typically, these entities include:
Healthcare providers such as doctors, clinics, and hospitals
Medicaid, Medicare, or the Veterans Administration
Health and auto insurance providers
Liens typically arise on a personal injury settlement when the injured party cannot afford treatment(s) he or she received immediately following the accident. If you were injured in an auto accident in New York and could not afford medical care at the time, you likely owe your healthcare providers who covered the costs. You may have multiple liens against your accident settlement gains depending on how many entities covered your immediate expenses.
Healthcare Provider Liens in New York
The most common entities that place liens on personal injury settlements are healthcare providers. They can place liens one of two ways:
Making you sign a letter of protection before providing healthcare
Exercising their lien rights under state law
A lien is an agreement between two parties that the injured party will repay healthcare provider for medical treatment through the injured party’s settlement award. Failing to pay back your debt may result in legal action against you.
Other Entities to Whom You May Owe a Debt
Other entities to whom you may owe a portion of your personal injury settlement award may include Medicaid and Medicare. If Medicaid or Medicare covered the costs of your treatment, you likely have a lien against your settlement. Your private health and auto insurer may have also placed liens on your settlement award if they paid for a portion of your medical bills prior to you settling your claim.
Receive Fair Compensation for Your Accident in New York
It is important to note that there is a little a personal injury attorney can do to reduce or forgive a lien. Once a lien is approved by a judge, it must be repaid.
Top personal injury lawyers in Queens will make it a priority to ensure your settlement covers every dime of your medical bills, transportation costs, and other expenses associated with your injury, as intended. At Cellino & Barnes, our team of trial lawyers represent clients who have been injured in car accidents, medical malpractice cases, and more. Call now for a free consultation.
NEW YORK – The fact that millions of car accidents take place each year might make us feel like there is nothing we can do to avoid accidents; yet, statistics like these should push us to try even harder to improve our driving skills and pay more attention to the road. Car accident lawyers in Manhattan say if we all drove like we did during our driver’s test, we could see a significant reduction in fatal traffic accidents in New York City and New Jersey.
Here are the Top Four Behaviors That Could Help Avoid A Crash:
According to car accident lawyers in Manhattan, Distracted driving is one of the top driving behaviors contributing to traffic incidents and fatalities. In 2015, the National Highway Traffic Safety Administration (NHTSA) discovered that 10% of all fatal crashes and 15% of all injury crashes, and a total of 14% of all reported motor vehicle traffic crashes, involved driver distractions. In body counts, there were 3,477 people killed and an estimated additional 391,000 injured in crashes involving distracted drivers.
Distractions to put down:
Objects in the backseat
2. Regard All Traffic Laws
This one should be a given, particularly for anyone hoping to avoid a traffic ticket. If you abide by all traffic laws, you can protect yourself and others.
Reduce your risk of careless driving by:
Watching your speed
Using turn signals
Regarding road signs
Keeping a safe following distance
Activating headlights in poor visibility
3. Drive Defensively
Driving defensively requires that you pay attention to the behavior of others on the road. For fractions of a second, notice how those around you are driving. If you see a person swerving in and out of lanes due to driving while texting, keep your distance. Look a bit further ahead every now and then to look for signs of sudden braking or other hazards.
Other techniques include:
Driving with both hands on the steering wheel
Being aware of your blind spots
When you drive defensively, you position yourself to react appropriately to unexpected hazards, thus avoiding a crash.
4. Keep Up with Vehicle Maintenance
When was the last time you scheduled an oil change or replaced your tires? If it seems like a long time ago, it may be time to take your car back to the shop. New tires and brakes are crucial in providing the power you need to avoid crashing into cars making sudden stops. Regular maintenance ensures your vehicle works as the manufacturer intended.
Reliable Car Accident Lawyers in Manhattan
At Cellino & Barnes, we understand that not every accident can be avoided. Our car accident lawyers in Manhattan will guide you through every step of the personal injury claims process to help you recover the compensation you deserve for your injuries, lost wages, pain and suffering, and more.
NEW YORK — The fact that you survived being hit by a bus is nothing short of miraculous. Typically, people do not survive crashes with large commercial vehicles like buses and trucks. Although there are fewer buses on the road than cars, buses are 8 times more likely to be involved in a pedestrian fatality than passenger cars. Additionally, buses are more likely to hurt young children ages 0-14 and elderly people ages 85 or older.
If you have recently been struck by a bus, it is understandable that you may not know all the steps that are crucial to supporting your recovery. Taking the following measures can help you recover more comfortably and secure your financial future.
5 Steps to Take after a Pedestrian Bus Crash in The Bronx
Seek medical attention urgently. If you have not done so, call for an ambulance or ask someone to call 911 so that you can get to a hospital. The odds that you have survived a bus crash without getting hurt are slim.
Report your accident to police as soon as possible. Fill out an accident report quickly so you can remember the details of the accident while they are fresh in your mind. Be sure to request a copy of this report.
Take pictures of the crash scene. Photos can help you prove liability. Be sure to include photos of your injuries and road and weather conditions.
Gather information. Any witnesses that surrounded you when the bus struck you should provide their contact and insurance information. Their account of the accident will be important when you seek damages from the at-fault party. You will also need the driver’s information and credentials. Be sure to get driver’s license numbers, insurance information, and personal contact information as well as the name of the company that owns the bus.
Contact a bus accident lawyer in the Bronx. An attorney can help you investigate the accident, preserve evidence, and hold the responsible parties accountable for your suffering. With the help of a lawyer, you may be able to collect monetary damages to pay off your medical bills, lost wages, and more.
At Cellino & Barnes, our bus accident lawyers have decades of experience resolving accident cases involving pedestrians. As a pedestrian, the chances are high that you have sustained severe injuries that will require extensive long-term care. These costs can quickly amount to tens or even hundreds of thousands of dollars. Allow us to hold the responsible parties accountable for your injuries and seek the compensation you need to move on with your life.
We do not accept any method of payment until we win your case, meaning you have nothing to lose and possibly thousands of dollars to gain from working with one of our bus accident lawyers in the Bronx. Call us to learn more about resolving your accident or complete this form.
NEW YORK — Did you know that New York City is one of the most bike-friendly cities in the U.S.? Does that come as a shock to you? It is a surprising fact for many, including Queens bicycle accident lawyers, who talk with injured bikers every day.
New York City has built more than 54 miles of bike lanes each year since 2007, and while the number of cyclists has soared the number of cyclists killed or severely injured has dropped. According to this paper released by the National Association of City Transportation Officials in 2016, more riders + better bike lanes = a formula for increased safety. While it may be true, cyclists can continue to sustain severe injuries on city streets.
It’s important to follow these steps after a suffering a bike accident in Queens to support a successful recovery.
Steps to Take After a Bicycle Crash in Queens
Move to a Safe Place.
If you are not severely injured, you should move out of the way of further danger quickly. If you are in pain and cannot move without worsening your injury, get someone’s attention so that she may call for an ambulance to take you to the nearest hospital.
Call the Police.
You may not be immediately able to call the police, but our Queens bicycle accident lawyers suggest reporting the accident as soon as possible. It’s incredibly important to document the facts of the accident, including who was involved and how it occurred, to file a claim later. The police will help you make a complete accident report.
Photograph the Accident Scene.
Your memory fades quickly, and it will quickly fade regarding the crash. Photographs help preserve evidence that can support your account of events and provide clues as to who was at fault. Take pictures of the accident scene, street signs, damage to any cars or other property, and injuries.
Look for Witnesses.
In a bustling place like Queens, it’s more likely than not that at least one person witnessed the accident. If you can’t gather witness information immediately, work with someone to help you. The information a witness can provide about the accident is crucial to support your case.
Exchange Contact Info with the Other Party.
You need to take down the following information of anyone involved:
Driver’s License Number
Make, Model, Color of Vehicles
Contact a Queens, NY Bike Accident Lawyer
Lastly, you’ll want to call or email a bike accident lawyer in Queens who has handled cases similar to yours. If you were hurt due to another’s negligent behavior behind the wheel, you deserve justice. In accident cases, justice is typically served as compensation for a variety of hardships you must endure due to the accident.
The Queens bicycle accident lawyers with Cellino & Barnes have the experience and reputation you seek to help you solidify your personal injury claim. Our job is to gather all the facts of your case to show that you were hurt and are deserving of financial redress for your medical bills, lost wages, pain and suffering, and more. If you have suffered severe trauma, you are urged to discuss your accident with an attorney promptly. Contact us for a free consultation.
NEW YORK – Buses are just one of the several forms of public transportation New Yorkers rely upon each and every day. In Brooklyn, buses are an integral part of the MTA transportation network, which services millions of people across 12 New York counties. While the bus provides an important service, it’s not without its faults.
According to the Federal Motor Carrier Safety Administration, 4,440 large trucks and buses were involved in fatal traffic accidents in 2016 in the United States, a 2% increase from 2015. While typically people riding the bus fare well, buses that collide with cars, trucks, motorcyclists and even pedestrians can cause substantial harm. If you have been hurt in a bus accident in Brooklyn, you will likely benefit from working with a lawyer.
Why Hire a Brooklyn Bus Accident Lawyer?
A bus accident in Brooklyn can lead to severe injuries that may leave you incapacitated for months or even years. Bus accidents take place for several reasons; but it’s important to hold those responsible for the accident accountable for your injuries. However, it may be difficult to prove liability. This is where an attorney can step in to conduct a thorough accident investigation.
Some of the most common causes of bus accidents are:
Negligence behind the wheel
Inadequate driver training
It may be possible to hold one or multiple parties liable for your accident. In the event that you require extensive medical care, you may be able to recover the sum you need to pay your bills. You may also be able to recover funds to cover the wages you would have received had you been able to return to work. Your chances of being awarded the compensation you need greatly increase with an attorney on your case.
Hiring a Bus Accident Attorney
It’s important to work with a personable lawyer who is willing to go above and beyond to serve you. At Cellino & Barnes, our experienced Brooklyn bus accident lawyers have years of experience helping injured parties resolve bus accident cases. Our lawyers pay close attention to the facts of the case and conduct extensive investigations to ensure that we have all the necessary information to file a strong personal injury claim.
Traits to Look for in a Bus Accident Lawyer
You should select an attorney with extensive experience negotiating with insurance companies. There is no law against negotiating with insurance providers yourself; however, your chances of receiving the full value of your accident claim significantly drop without a lawyer representing you. Insurance companies only look out for their own interests, which means they generally attempt to settle accident claims for as little as possible, as quickly as possible.
Don’t fall for their first offer! A dedicated bus accident lawyer in Brooklyn will do what it takes to get them to issue the funds you deserve. Your attorney should also feel comfortable taking your case to court in the event that a fair settlement cannot be reached.
For more information about how an attorney can help you recover after an accident, reach out to our law firm for a free consultation. We’re available at any time to address your concerns.
ROCHESTER, N.Y. – No one looks forward to the communicating with insurance companies and doctors after a car accident in Rochester. Unfortunately, anyone who endures severe injuries due to another driver’s negligence must make some effort to recover the funds he or she needs to cover the expenses such injuries incur.
Many people who consider filing a claim after a car accident wonder just how long their claim might take? The reality is that it can take anywhere between several months or weeks to see the necessary funds; and in particularly complicated cases, it may even take years. If you’ve been hurt in a car accident, the sooner you talk to an experienced Rochester car accident lawyer the quicker you can receive the funds owed to you.
Factors That Might Affect the Length of Your Case
Many different aspects of your case affect how long it will take to resolve. A few of the biggest influences include:
Whether your injuries are obvious or commonplace. Your doctor may take a while to realize the extent of your injuries and accurately estimate the recovery period and treatments you will need to heal. Your attorney needs this critical information to outline damages. Your Rochester personal injury lawyer may not proceed until he receives this information.
Whether your insurance company questions your injuries. Your insurance company may have several questions about your injuries that can stall your claim for weeks or months. If any of your injuries involve whiplash, soft tissue injuries, or chronic pain, it may take your insurance company a longer time to process the claim. Likely, your insurer will want to conduct their own investigation of your case because many fraudulent claims are based on these conditions, which are more difficult to prove than other ailments.
Whether you need to take your case to court. The majority of accident cases in Rochester never step into a courtroom; however, if your insurance company unfairly compensated you or denied your claim, you may need to take legal action that will drag out the process.
It may take longer than you would like to receive the just compensation you deserve in the wake of your accident. Although you can’t control how long you will wait for the funds you need to pay off your medical bills, lost wages, property damage, and other costs, you can choose to pick up the phone right now and call a determined auto accident lawyer in Rochester to help you overcome the obstacles that lie ahead. At Cellino & Barnes, we’re ready to help you at any time.
NEW YORK – In no-fault auto insurance states like New York, a person hurt in a car accident must meet a threshold called the “serious injury” threshold to circumvent the limitations of his own auto insurance policy. The serious injury threshold allows injured parties to file a liability claim or lawsuit against at-fault parties for damages they would otherwise be incapable of receiving through their insurance policy. If you’ve been seriously hurt in an auto accident in Queens, you might be wondering if your injuries are severe enough to meet this threshold. Let’s find out.
Understanding No-Fault Auto Insurance
Drivers and passengers injured in a car accident in a no-fault state must first report their injuries to their insurance companies. They must turn to their policies first to receive reimbursement for medical expenses and lost wages. In New York, the maximum compensation a person can recover in a car accident case is $50,000. If damages exceed that, drivers can step outside the no-fault system to receive additional funds.
In no-fault states, it’s very difficult to seek compensation for other damages, such as property damage or pain and suffering unless the injured party is eligible to file a claim against the at-fault party or a personal injury lawsuit. This is only possible when the accident resulted in a serious injury.
What does New York’s no-fault system cover?
New York’s no-fault system reimburses car accident victims for the following:
All medical bills, including the cost of psychiatric treatment and physical therapy
Lost earnings of up to $2,000 per month for up to 3 years
Up to $25 per day for up to 1 year for other accident-related expenses
Understandably, those who suffer severe harm may not meet their needs with this coverage. Those with serious injuries may recover more losses from the at-fault party.
What counts as a serious injury?
By New York State law, a serious injury is defined as one which results in death, dismemberment, significant disfigurement, loss of a fetus, the permanent loss or use of a body organ or function or system, or a non-permanent and medically determined injury or impairment which prevents the injured party from conducting his or her daily activities for not less than 90 days during the 180 days immediately following the injury or impairment.
To determine whether your injuries may qualify for additional compensation, talk to an experienced car accident lawyer in Queens about your case. It’s crucial to seek representation against the insurance company or the attorney representing the at-fault driver to argue that your injuries qualify.
ROCHESTER, N.Y. – A growing number of people are taking to bicycle riding in Rochester and across New York State. Cycling is growing on Western New Yorkers as healthy way to commute. Our best bike accident lawyers in Rochester have found that the more bike lanes our communities add to their bustling streets, the more people feel comfortable riding a bike around.
Although city planning improvements are making bike riding in Rochester safer, accidents can happen at any time. There are many actions riders can take to reduce the odds of becoming victims.
Safety Tips That Can Prevent Bike Accidents
There are several ways cyclists can become victims in a collision with a car or other vehicle. The following tips aim to mitigate the odds of that happening:
Be aware of your surroundings at all times. Although your commute may feel boring, riding a bike while listening to loud music causes you to sacrifice one of your vital senses. A focused rider is more likely to ride defensively and anticipate accidents.
Ride at a speed that is safe for the current conditions. Pay attention to the weather, road conditions, and volume of traffic when riding. You may have to reduce your speed to accommodate heavy traffic and maneuver roads safely.
Respect pedestrians’ right-of-way. Many bike accidents take place between cyclists and pedestrians. In these cases, both the cyclist and pedestrian are likely to walk out with preventable injuries. Avoid a trip to the hospital by respecting the right of way of others around you
Act cautiously around vehicles with large blind spots. When approaching a truck or bus, it’s important to keep in mind that these vehicles have larger blind spots than the average car, which increases the likelihood of a truck accident. Let them pass safely.
Get off your bike when crossing the road with pedestrians. Drivers are generally liable for accidents in which the car hits a pedestrian or cyclist who walks his bike across the street.
Always check your bike equipment before getting on the road. Be sure to check the air in your tires, your brakes, and lights if you plan to ride after dark. Wear reflective clothing and a proper helmet to reduce injuries in the event of an accident.
What to Do If An Accident Happens Anyway
If we could predict the future we’d all be millionaires. It’s impossible to know when you will be involved in an accident; however, there are plenty of resources available to you in the event of an accident that leaves you with severe injuries.
At Cellino & Barnes, our best bike accident lawyers in Rochester have years of experience resolving dozens of types of car accidents. Our lawyers will be happy to help you assess your accident case for FREE. It may be possible to recover significant compensation to take care of medical expenses, time missed from work, and more. Call us for a free consultation or reach out to us online.
NEW YORK – Buses come in all shapes and colors, and they’re everywhere in New York City. That means there are plenty of opportunities for a bus crash in the Bronx. From school buses to Metro buses, tour buses, limousines, and party buses – when you’ve been injured in a crash you may be asking yourself, Should I Get A Bus Accident Lawyer?
The answer is “yes!”
The Most Common Types Of Bus Accidents In NYC
Bus accidents happen all the time in NYC. In fact, new investigations estimate there have been more than 20,000 bus crashes and mishaps in New York City since 2015. That’s only counting MTA buses!
In reality, there are A LOT of different ways a person can get injured while riding mass transit motor vehicles in NYC:
Injured in a School Bus accident
Hurt in a MTA Bus crash
Tour Bus accident injuries
Injured in a Limousine accident
Involved in a Party Bus accident
All of these vehicles are much larger than your standard sedan. Since they’re larger in size, they can also be more difficult to handle and control. That’s why drivers of these vehicles MUST have extensive training to operate the vehicle(s) they drive.
Sadly, even good bus drivers can make mistakes – or other, less responsible drivers can slam into a bus, causing significant injuries to the bus driver and its passengers.
When you call Cellino & Barnes, you’ll get a FREE case evaluation with one of our best bus accident lawyers in the Bronx. Our team also consists of legal professionals with extensive experience handling different kinds of bus accidents, including:
Limousine accident lawyers
Tour bus accident attorneys
School bus accident attorneys
Party bus accident lawyers
It may be a struggle to get fair compensation for your injuries on your own. There are unique deadlines and filing requirements for bus accident cases. The experienced legal team at Cellino & Barnes will not only meet those deadlines and requirements; they’ll also make sure you’re in position to recover the best result possible.
I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.