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18th Bicycle Fatality in NYC: What Happened

/ Bicycle Accidents /

If you or a loved one has been injured by a driver, we'll put our best bicycle accident lawyer in Brooklyn on your caseNEW YORK — An 18th bicyclist has been struck and killed in New York City traffic this year. Police say Em Samolewicz, 30, was riding on a Brooklyn avenue when she was run over by a tractor trailer.

According to police, Em Samolewicz was attempting to avoid an open door of a parked car on Third Avenue in Sunset Park. In the process of trying to avoid getting doored, she was hit by the tractor trailer near the intersection of 36th Street.

Em Samolewicz is the 18th bicyclist to be killed on NYC streets this year, and the city is on pace to double the number of fatal bicycle accidents recorded last year. Most of these accidents have happened in Brooklyn.

Third Avenue Criticized

New York Mayor Bill de Blasio has said the city must take actions to better prevent bicycle accidents. Last week, the mayor pledged to install 150 miles of protected bike lanes in the city, and install other bike-friendly policies. However, some safety advocates say the plan lacks urgency – and while it could save lives tomorrow, it doesn’t address the crisis today. 

For example, cycling advocates say Third Avenue, where Em Samolewicz was killed, is one of the most dangerous roads for bicycles. Samolewicz was the second death to happen on Third Ave this year, and the first happened under similar circumstances when a cyclist was doored by a parked car.

A New York bicycle accident lawyer says Third Ave has eight lanes for motor vehicles and none for bicycles, making it one of the most dangerous streets in the city for cyclists.

What To Do After An Accident

While fatal accidents are on pace to more than double last year’s count, injuries are rising at a similar pace in New York City. Dozens of cyclists have already been rushed to hospitals this year as a result of someone else’s negligence. After any type of bicycle accident, it’s crucial to file a personal injury claim that can help make sure your medical costs, lost wages, and other expenses are covered.

An experienced bicycle accident lawyer in Brooklyn will fully investigate an accident and identify the pieces of evidence that can help maximize your claim. Some of these factors include:

  • Surveillance video
  • Traffic signals
  • Dashcam video from the truck itself or other drivers in the area
  • Road striping
  • Truck maintenance records
  • How long the driver was on the road
  • Overall road safety
  • Truck driver safety records
  • And More

If you or your family has been negatively impacted by a bicycle accident in New York City, you may want to contact a bicycle accident lawyer in Brooklyn for your case.

If you decide to contact Cellino & Barnes, we’ll put our best Brooklyn bicycle accident lawyer on your case so you can be confident your family will recover the best possible result. Call us or contact us online for FREE consultation.

Cellino & Barnes (800) 888-8888


How Do Insurance Companies Calculate Motorcycle Accident Settlements?

/ Motorcycle Accidents /

Our Bronx motorcycle accident lawyer explains how insurance companies calculate settlementsNEW YORK — Have you ever wondered How Do Insurance Companies Calculate Motorcycle Accident Settlements? You probably have if you’ve ever needed to file a claim or if you’ve already filed a claim and received a less-than-desirable settlement offer.

A Bronx motorcycle accident lawyer at Cellino & Barnes says insurance adjusters often analyze a few main factors when considering what they’re willing to pay when they validate claims. They then make various calculations to reimburse you for vehicle damage, personal injuries, and pain and suffering.

What Insurance Companies Look at When Evaluating Claims

Motorcycle accidents that lead to insurance claims typically involve property damage, bodily injuries, and pain and suffering. When your insurer considers whether to pay your claim, a Bronx motorcycle accident lawyer explains that they typically analyze the following factors:

  • The extent of the property damage
  • The extent of the injuries you sustained, if any
  • The limits of your policy

These factors all have an impact on the settlement they initially offer you.

In an injury accident, you should expect compensation for medical expenses, time you were forced away at work, and many other expenses that could be associated with your sudden injuries.

Perhaps the most abstract calculation they make is the one to determine pain and suffering damages. These claims vary wildly, as everyone’s level of suffering is different, even between two people who have experienced the same type of accident or injuries.

Determining Pain and Suffering Damages

Insurance companies add pain and suffering compensation to the cost of your medical bills and lost wages. One of the most common methods of calculating pain and suffering damages is the multiplier method.

The multiplier method takes the sum of your medical bills and lost wages and multiplies it by a figure from 1-5. Insurance companies commonly use complex software to get this figure, and it’s not always a “fair” offer.

In almost any situation in which you’ve been injured by someone else’s negligence, it’s a wise precaution to get representation. An experienced Bronx motorcycle accident lawyer will help protect your rights, and maximize the value of your claim.

Insufficient Car Accident Claim? Work with a Bronx Motorcycle Accident Lawyer

It’s not unusual for the insurance companies in New York to offer a less-than adequate settlement. In fact, almost every initial offer is rejected by individuals who have an experienced legal team on their side. Typically, injured victims who have lawyers protecting their rights will reach a settlement that’s four times the insurance company’s initial offer.

Don’t accept less than what you need. Act now to fight for just compensation. With a Bronx motorcycle accident lawyer from Cellino & Barnes on your side, it may be possible to substantially increase your compensation.

Cellino & Barnes has been in the business of helping motorcycle accident victims throughout New York receive the funds they deserve after they suffer from the negligence of others on the road. Contact our law firm any time, any day of the week for a FREE consultation. We do not take a fee unless we win your case.

Cellino & Barnes (800) 888-8888

What Do I Need To Prove To Win A Slip-And-Fall Claim?

/ Slip and Fall /

Our New York slip and fall attorney explains how we win slip and fall casesNEW YORK — Maneuvering around spilled produce and climbing slippery steps are two simple actions out of dozens that put us in harm’s way each and every day. However, a New York slip and fall attorney says no matter how cautious we are, bad things can happen that lead to unintended consequences.

Slip-and-fall accidents make up a sizeable chunk of personal injury claims. These accidents can result in minor to severe injuries to people of all ages. As most people know, healthcare doesn’t come cheap. Injuries from slip-and-falls can incur thousands to tens of thousands of dollars in medical bills. Do you automatically have a claim if you got hurt outside your home?

If you slipped and fell on another’s property and suffered injuries, you might be able to pursue a personal injury lawsuit to obtain the money you need to cover the cost of your medical bills. To pursue compensation, you should discuss the nature of your case with a New York slip and fall attorney.

Do I Have a Chance to Win a Slip-and-Fall Lawsuit?

Slip-and-fall accidents send about eight million people to the ER every year, according to the National Floor Safety Institute. In order for your case to succeed, your attorney will have to prove four elements in court.

One: The Defendant Owed a Duty of Care

In legal terms, the “duty of care” basically means that the owner of the property was responsible for keeping the premises in a reasonably safe condition. He or she is also responsible for fixing any conditions which may pose a hazard to visitors.

A New York slip and fall attorney must prove that the defendant had a duty to keep the property free from slipping and tripping hazards. The defendant is whoever owned, controlled, or operated the premises at the time of your accident.

Two: The Defendant Had Sufficient Notice

Your New York slip and fall lawyer can establish notice in your case if he can show that the property owner, manager, or operator knew about the hazard before it hurt anyone, but failed to address the hazard. The defendant must have had enough time to become aware of the issue and fix it to establish notice.

Three: A Dangerous Condition was Present

Becoming seriously injured doesn’t necessarily prove that a dangerous condition was present when you got hurt. You must demonstrate that the defendant’s failure to address the hazard created a dangerous condition that caused your slip-and-fall injury. Your lawyer must also demonstrate that the premises were being used for their intended purpose.

Four: The Defendant’s Negligence Resulted in Damages

Finally, you must show that you suffered harm from the accident. You must provide evidence of your damages, which may include medical bills and time off work resulting in lost wages. Your lawyer must show that your current condition is a direct result of the property’s hazards; therefore, the sooner you consult with an attorney after a slip-and-fall incident, the better your results can be.

To learn more about your legal options for recourse after a painful slip- or trip-and-fall injury accident in Rochester, talk to the experienced attorneys at Cellino & Barnes. They will help you get your claim started and fight for the funds you need to move on with your life. Reach out to us at any time for a free personal injury consultation.

Cellino & Barnes (800) 888-8888

How to Find Out if Your Doctor Has Been Sued for Medical Malpractice

/ Medical Malpractice /

Our medical malpractice attorney in Buffalo explains how to find the right doctor for your operationBUFFALO, N.Y. — When you require a surgery or extensive treatments, you expect high-quality medical care and a competent doctor. Unfortunately, it doesn’t always work out that way. A medical malpractice attorney in Buffalo, NY says thousands of patients unknowingly put their lives in the hands of an unqualified healthcare team every year.

Those who’ve been hurt in a personal injury accident and sustained severe trauma understandably want to do all they can to ensure the doctor treating them will do their best to get them back on their feet. One way patients may choose to research doctors is to find out if a particular doctor has ever been sued for medical malpractice in New York or another state.

4 Ways to Search for Your Doctor’s Malpractice Records

Become Familiar with the State Medical Licensing Board

Your go-to resource when researching a prospective physician is your state’s medical licensing board. In New York, you’ll want to search for any disciplinary action through the Office of Professional Medical Conduct, a division of the New York State Department of Health. You can also begin your search with the American Medical Association’s Doctorfinder tool.

Check the Licensing Boards of Other States

When researching your doctor, you should be able to come across information about their education, whether or not they’re board-certified in their practice, and where they’ve practiced medicine. Since it’s possible for doctors to face lawsuits and disciplinary actions in one state and move to another state (and acquire a new license in that state) with a clean record, it’s crucial to contact the medical boards of each state in which the doctor you’re considering has practiced to find out if there are any complaints against him or her.

Watch Out for Medical License Suspensions

Our best medical malpractice attorney in Buffalo says any medical license suspension should raise a red flag. This indicates that the medical board has found an actionable offense and the doctor is currently barred from practicing.

Ask Your Doctor if He Has Been Sued for Malpractice Directly

Sometimes, the best way to learn about your physician’s professional past is to ask them about it directly. While on your search, you might find little information about your doctor, which can mean one of a few things: your doctor has a perfect record and no patient has ever complained about them, your doctor has had an infraction removed from their record, or your doctor has not been practicing medicine for very long.

Most Physicians Have Been Named in a Malpractice Lawsuit

Believe it or not, most physicians have been named in a malpractice lawsuit at one point or another. According to Medscape’s Malpractice Report 2017, 48% of all physicians were involved in suits where other parties were named, and 13% were the only ones named in the lawsuit. The remaining 45% of physicians surveyed had not been named in a lawsuit. Yet, according to the American Medical Association, plaintiffs do not win the majority of claims. Studies show that, of all types of physicians, surgeons and ob-gyns are the most likely to face a lawsuit.

Medicine is a complex and challenging practice that plays a critical role in the continuous improvement of our quality of life. Unfortunately, mistakes and unwanted outcomes take place. Our best medical malpractice attorney in Buffalo says there are many cases in which lawsuits against physicians are not justified. Sometimes, things happen beyond a doctor’s control which may lead to a lawsuit. If you select a physician you like who happens to have an action on their record, the best thing to do is confront them about it and hear their side of the story. Then, use your best judgement to decide whether you wish to remain their patient.

New York Medical Malpractice Lawyers

When licensed medical professionals act negligently, victims and families deserve justice. At Cellino and Barnes, we’ve been advocating for patients impacted by medical malpractice in New York for over 60 years. Our goal is to collect the just compensation patients and their loved ones deserve.

We have an expansive team of experienced medical malpractice attorneys who represent patients all over New York. Our lawyers have successfully litigated a wide array of medical malpractice cases, and we are fully prepared to go to court. We guarantee that you will not pay us a fee unless we win your case. Contact us for a free consultation at any time.

Cellino & Barnes (800) 888-8888


Common Types of Truck Accidents in New York

/ Truck Accident /

A Bronx truck accident lawyer describes the most common truck crashes, and how to avoid themNEW YORK — While large trucks serve an important purpose in the transportation of goods, they pose a serious threat on busy interstates and local roads which are predominantly occupied by passenger cars. A Bronx truck accident lawyer says collisions between personal vehicles and commercial trucks result in serious injuries more often than not, and, in most cases, it’s the driver or passengers of the smaller vehicle who suffer them.

In 2016, 3,864 of 475,000 reported large truck accidents resulted in a fatality, but approximately 104,000 resulted in injuries. A person who suffered an injury from a large truck crash in New York should seek immediate medical attention and then call a commercial truck accident lawyer to understand his or her potential legal remedies.

5 Common Types of Truck Accidents

Due to the way they’re built, trucks are susceptible to crashing in predictable ways. According to a Bronx truck accident lawyer, some of the most common kinds of truck accidents in New York include:

Jackknife Accidents

A jackknife accident happens a truck driver breaks too strongly and quickly. In this type of accident, the truck’s trailer skids outward, creating a 90-degree angle to the truck’s cab. During a jackknife accident, the truck is particularly vulnerable to flipping over, which poses a deadly threat to the driver and others on the road.

Truck Rollovers

Truck drivers who lose control of their vehicles can cause the truck to slide and roll over onto its side. Most trailers carry tens of thousands of pounds of cargo. These containers are often 53’ long and 8’ wide, and 9’ high. 18-wheeler trucks, which carry heavy cargo like gasoline, construction material and more tend to be even larger. A rollover puts everyone around the truck in grave danger.

Truck Tire Blowout

Big-rig tire failures also have fatal consequences. A tire blowout happens when a weak tire is subjected to sudden pressure or impact it cannot withstand, which causes it to burst or lose air pressure rapidly. Many things can instigate a tire blowout, including:

  • Potholes
  • Underinflation
  • Heat
  • Overloading the truck
  • Failing to replace worn-out tires

Wide Turns

Trucks need ample space to make a turn. At intersections, trucks make wide right turns because they have limited visibility and also because the trailer doesn’t follow the path of the tractor (known as “off-tracking of trailer”). When a truck makes a right turn, it can often collide with cars on its right-hand side that get too close to the truck as it is turning.

Truck Blind Spot Accidents

Tractor-trailers have more blind spots than passenger vehicles, and as such they’re more vulnerable to instigating a collision. A tractor-trailer collision can wreck the typical passenger vehicle from the sheer discrepancy in size and weight. A Bronx truck accident lawyer at Cellino & Barnes says drivers should know that a semi truck has four main blind spots, or areas where they cannot see fellow vehicles:

Blind Spot #1: directly behind the truck inside the truck’s lane

Blind Spot #2: directly in front of the truck, including the truck’s lane and one lane to the right

Blind Spot #3: on the truck’s left side that can extend across several lanes

Blind Spot #4: on the truck’s right side that can extend across several lanes

Truck accidents often result in severe injuries for the drivers and passengers of consumer vehicles. Sometimes, these injuries can take months or years to heal. In many unfortunate scenarios, victims fail to make a complete recovery. Additionally, they could require expensive medical treatments and procedures throughout their lifetime as a result.

You deserve justice for what happens to you after a semi-truck accident. At Cellino & Barnes, you can count on our Bronx truck accident lawyers to help you get the compensation you need to make the most of your situation. We’ll provide you with legal options and guide you every step of the way. Call us for a free consultation.

Cellino & Barnes (800) 888-8888

Tips for Sharing the Road with Motorcyclists in Brooklyn

/ Motorcycle Accidents /

A motorcycle accident lawyer in Brooklyn says it's crucial to remember you're sharing the road. It could save lives!NEW YORK — For some drivers, it’s difficult to remember that motorcyclists are sharing the road. When we forget that, accidents can happen. As riders ourselves, the Brooklyn motorcycle accident lawyers at Cellino & Barnes are serious about street safety, and the first step is education.

Many drivers being unaware of motorcycles is an unfortunate truth that motorcyclists must face when they take the risk of riding their bikes in Brooklyn – and it shows. A significant portion of car-on-motorcycle accidents are the driver’s fault, not the rider’s. Luckily, there are a few things all of us can do to reduce the chances of such crashes.

8 Things to Avoid Motorcycle-Car Crashes

Check Blind Spots

Drivers should frequently check their blind spots, especially when switching lanes or changing direction. Motorcycles are vastly smaller than most other vehicles on the road, making them hiding in drivers’ blind spots a top reason for accidents between motorcycles and cars.

Use Extra Caution When Passing

If you’re on a section of roadway that permits passing, you may pass a motorcycle like you would any other vehicle; however, remember that motorcyclists can be affected by vehicles all around them. Increase your distance by several cars before shifting into the proper lane and always signal your intention to pass.

Increase Following Distance

Rear-ending a motorcycle can result in serious injuries to the rider, which is why it’s important to leave more distance between you and the motorcycle than you would behind a car or truck. It’s especially important to do so behind motorcyclists signaling to make a turn.

Consider Visibility

A dreary day can make it more difficult to discern motorcyclists on the road. On days with reduced visibility, motorcyclists should be at the top of your mind when driving.

Keep Your High Beams Off

Use of your high beams should be restricted to specific situations where you find yourself in low populated, rural areas. Generally, you’ll want to use them when there are no oncoming vehicles. If a motorcyclist is ahead of you, be sure to keep them off.

Stay in Your Lane

Sharing is caring…until it comes to sharing a lane with a motorcyclist. This creates an unsafe environment for the motorcyclist, who’s at significantly higher risk of injury than the driver. As legitimate vehicles, motorcycles are entitled to take up the entire traffic lane. A motorcycle accident lawyer in Brooklyn says it’s illegal to share the lane.

Signal All Turns

Signaling your intention to turn is a good habit to form no matter what motorists you encounter on the road. When you signal an upcoming turn you let others know why you’re slowing down and reduce the risk of initiating a car pileup.

Make Full Stops at Intersections

Sadly, not all drivers come to a complete stop at red lights or stop signs. Unfortunately, the rush to make a right turn before traffic starts flowing again puts many at risk, particularly motorcyclists who are easy to miss when focusing on passing cars. Coming to a complete stop and taking the extra moment to ensure a clear intersection will prevent accidents.

Legal Representation You Can Trust

Both motorcyclists and drivers can take measures to protect themselves and others when they are behind the wheel or handlebar. A qualified motorcycle accident lawyer in Brooklyn is your #1 resource in the fight for compensation after an injury accident. If you were riding your bike in Brooklyn when a negligent driver failed to exercise caution, you may be entitled to financial compensation. Call our accident lawyers for a free consultation at any time of the day, any day of the week.

Cellino & Barnes (800) 888-8888

Accidents Expected to Spike Over Fourth of July Weekend

/ Car Accident /

Our best car accident lawyers in New York expect accidents to spike over the 4th of July weekend. What you can do to stay safe...NEW YORK — Planning a little road trip for the Fourth of July weekend? You’re not alone. AAA expects to see 41.4 million Americans on the roads this weekend. That’s a record high since AAA began tracking holiday travel in 2000. When there’s increased traffic on the roads, New York car accident lawyers say there’s also more risk.

4th of July Traffic

No one likes being stuck in traffic – especially when you’re on vacation. Unfortunately, when 41.4 million other Americans are also on the roads at the same time, we can expect to see some traffic jams.

According to AAA, the absolute worst time to be on the roads will be Wednesday from 4:30 pm to around 6:30 pm. Thanks to a mix of holiday road trippers and commuters leaving work, New York streets and highways could get clogged, forcing delays.

All it takes is one accident to set-back everyone’s vacation time by an hour or more, the New York car accident attorneys at Cellino & Barnes said. The team of trial lawyers at the law firm put together these tips to help avoid an accident when you’re already rushing to get out of town:

  1. Have a Plan. Drivers who don’t know where they’re going, and aren’t familiar with the roads around them are more likely to get into an accident. Add extra holiday traffic to this problem, and you have a very dangerous situation.
  2. Give Yourself Ample Time. One of the biggest mistakes travelers make is not giving themselves enough downtime to actually enjoy their vacations. Be prepared to be stuck in traffic, and anticipate these delays instead of rushing to your destination.
  3. Keep Your Cool! When drivers are stuck in traffic, tempers can flare. Add the summer heat to the mixture, and you could be in the middle of a tense situation. Hopefully, you followed the first two steps, and you have nothing to get upset about!
  4. Avoid Distractions. According to our New York car accident lawyers, distractions are a top cause of accidents. In stop and go traffic, distractions can be downright dangerous. Always keep your eyes on the traffic around you!
  5. Never Drink and Drive. It’s the 4th of July, and many people love to celebrate with a beer or a glass of wine. Be responsible about it! There are more drunk driving accidents over the Independence Day weekend than any other holiday weekend. If you’re drinking, have a designated driver — or hail a taxi, Uber or Lyft to get you where you need to go.
  6. Slow Down! Speed is a top factor in many car accidents in New York. Speed limits have been carefully chosen by traffic experts to get people from point A to point B in a timely and safe manner. Trust the speed limits, and stick to them to have the safest trip possible.

Our best car accident lawyers in New York also warn drivers to pay attention to those around you: pedestrians, bicyclists and motorcyclists will also be sharing the road this weekend. Be courteous of them, and do everything possible to make sure the roads are safe for everyone.

4th of July Accidents

When more than 41 million Americans are on the road, accidents are bound to happen – even to the safest drivers. The experienced team of New York car accident lawyers at Cellino & Barnes can help if you’ve been injured by a negligent motorist.

We’ve investigated thousands of car accidents across the nation, and our experience in these matters could help you maximize your compensation.

If you’ve been injured in a crash, contact Cellino & Barnes for a FREE case evaluation. We can have go over your case and help gather the evidence that will help you get the best result possible. Call us or contact us online to get started.

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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