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Steps to take after Being Hit by a Texting Driver

/ Car Accident /

Accident attorney in Brooklyn explains what you can do if you've been hit by a distracted driverNEW 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

  1. 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.
  2. Get a copy of the police report. The police report will contain critical information about the other driver, including his or her:
    1. Name
    2. Address
    3. Insurance information

As well as:

    1. Names and contact information of any witnesses
    2. Whether the driver received a citation for the accident
  1. 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.
  2. 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.
  3. 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

The dedicated personal injury lawyers with Cellino & Barnes have decades of experience helping people navigate car accident claims. We are available 24/7 to discuss the details of your texting and driving accident in Brooklyn. Call us for a free consultation.

Cellino & Barnes (800) 888-8888

What are Liens in a Personal Injury Case?

/ Personal Injury /

Personal Injury Settlements can often have liens on them, and they can be unexpected and frustratingNEW 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.

Cellino & Barnes (800) 888-8888

4 Ways to Avoid a Car Crash

/ Car Accident /

One Of The Top Four Ways To Avoid An Accident Is To Be AttentiveNEW 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:

  1. Limit Distractions
  2. Know Your Traffic Laws, And Abide By Them
  3. Drive Defensively (Be Aware!)
  4. Maintain Your Vehicle

The Manhattan car accident lawyers at Cellino & Barnes explain these Top Four Safe Driving Behaviors in depth:

How to Avoid a Car Crash in Manhattan

1. Limit the Number of Distractions

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:

  • Your phone
  • Food
  • Makeup
  • Music
  • Objects in the backseat
  • Multiple passengers

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.

Contact us for a free consultation.

Cellino & Barnes (800) 888-8888

What Pedestrians Should Do After Being Hit by a Bus

/ Bus Accidents /

Bus accident lawyers in the Bronx can help if you've been hit by a bus in New YorkNEW 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Cellino & Barnes (800) 888-8888

How to Proceed After a Bike Accident

/ Bicycle Accidents /

Queens Bicycle accident lawyers explain what to do if you're hurt in an accidentNEW 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:

  • Vehicle Registration
  • License Place
  • Driver’s License Number
  • Phone Number
  • Names
  • Addresses
  • Make, Model, Color of Vehicles
  • Insurance Info

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.

Cellino & Barnes (800) 888-8888

Client Thanks

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.

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