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What You Should Know About Truck Accidents

/ Truck Accident /

Our the Rochester truck accident lawyers explain how truck crashes are investigated, and how you can get the best possible result from an accident claim.ROCHESTER, N.Y. As with the vehicles themselves, truck accident cases involve several moving parts. If you’ve been injured in an accident involving a commercial truck, it’s important to seek out the aid of a knowledgeable Rochester truck accident lawyer before you can bring forth a viable claim. If you’re exploring your options for restitution for a truck accident in Rochester, there are important facts about truck accidents you should know.

Differences Between Truck and Car Accidents

There are obvious physical differences between semi-trucks and cars which affect how accidents involving the two cases play out legally. One thing many people are unaware of is that federal truck regulations exist to ensure the safety of truckers and the drivers around them. Truck drivers must abide by these regulations at all times.

A truck driver who fails to abide by the Federal Motor Carrier Safety Administration’s regulations may be held liable for accidents that result from their negligence. Examples of such regulations include:

  • Limits on how many hours a truck driver can drive without taking a break
  • Requiring drivers to retain documentation about their driving history, including tracking their hours of service with electronic logging devices
  • Requiring drivers to drive with no more than a 0.04 BAC
  • Requiring drivers to submit to drug and alcohol testing before driving a commercial vehicle
  • Truck maintenance requirements
  • And more

It’s crucial to fully investigate a truck accident to determine whether any of these rules and regulations have been broken. An experienced Rochester truck accident lawyer will be able to use this evidence in court to help maximize your claim.

Truck Accident Cases Maybe More Difficult to Litigate

Truck crashes don’t simply occur between the truck driver and the driver of the other car; rather, the truck driver works for a company that may also share liability in the accident. The company may either own the truck or could be leasing it from yet another company, which may also be held liable. Since so many people work to ensure the regulations are adhered to, there may be several parties to hold accountable for the other driver’s injuries.

Hiring a Knowledgeable Truck Accident Attorney

The route to litigation varies between truck crashes. A person who’s sustained a severe injury in a truck crash in Rochester should speak with a skilled lawyer about the accident before speaking with anyone representing the trucking company, the truck driver, or any insurer working on their behalf.

A lawyer will be able to find out who’s responsible for the crash and take measures to hold them accountable. By hiring experts like accident reconstructionists, mechanics, and even medical doctors, your lawyer can pinpoint the cause of the accident. A successful claim aims to get victims compensation for things like:

  • Medical bills
  • Lost wages at work
  • Future lost income due to injury
  • Prescription costs
  • Future medical procedures
  • Pain & suffering
  • And more

If you or a loved one has been injured by a large truck, call Cellino & Barnes now, or contact our Rochester truck accident lawyers online to discuss your accident case for free.

Cellino & Barnes (800) 888-8888

NYC Elevator Malfunctions, Falls On Man In Kips Bay

/ Uncategorized /

An elevator accident lawyer in Manhattan will fully investigate an elevator malfunctionNEW YORK — A Thursday morning elevator accident in the Kips Bay neighborhood of Manhattan killed Samuel Waisbren, 30, and sparked calls for better elevator safety and maintenance.

According to WABC-TV, firefighters responded to a Kips Bay apartment building at 3rd Ave and East 25th Street around 8:30 Thursday morning. Firefighters said Samuel Waisbren was exiting the apartment building’s elevator when it suddenly dropped, crushing the occupant.

Two other occupants had already left the elevator when it malfunctioned, trapping Samuel Waisbren between the elevator car and the wall inside the elevator shaft. Police say the incident was captured on surveillance video.

The Department of Buildings is also investigating the malfunction.

What Causes An Elevator Malfunction in Manhattan

Elevator malfunctions are not uncommon occurrences in Manhattan and across New York City.  Incidents like the one that happened at the apartment building on 3rd Ave and East 25th Street impact dozens of families every year in NYC. A New York personal injury lawyer at Cellino & Barnes says there have been at least 500 incidents of elevator malfunctions over the past decade. About 10-percent of these accidents result in serious injuries or death.

  • The top causes of elevator malfunctions include:
  • Faulty Wiring/Electrical Malfunctions
  • Poor Maintenance
  • Elevator Shaft Left Open To The Public

A Manhattan elevator accident lawyer says overcrowding an elevator is typically not a contributing factor in an accident, as safeguards should be in place which would prevent an elevator from moving at all when there’s too much weight in the car.

What To Do If You Or A Family Member Has Been Injured Or Killed In An Elevator Accident

After any elevator accident, it’s crucial to gather as much information as possible. This typically involves hiring a personal injury attorney who’s experienced in handling elevator accident cases. The best elevator accident lawyers will fully investigate the accident, and gather the evidence your family needs to help you get the most from a claim.

This evidence may include:

  • Expert testimony from the area’s best elevator mechanics
  • Surveillance video
  • Eye-witness accounts
  • Maintenance records
  • And more…

If you or a family member has been hurt or killed in an elevator accident, an experienced personal injury lawyer in Manhattan can help identify those responsible for the accident, and hold them accountable.

If you choose to contact an elevator accident lawyer at Cellino & Barnes, we’ll provide you with a complete case evaluation for FREE. Call us or contact an attorney now to get started.

Cellino & Barnes (800) 888-8888

 

Why Is It Difficult to Sue a Doctor For Malpractice?

/ Medical Malpractice /

A medical malpractice attorney in Rochester explains why medical malpractice claims are extremely difficult to process, and what you need to win your case.ROCHESTER, N.Y. — Those who’ve suffered due to a medical mistake often wonder why suing a doctor can be so difficult. A Rochester medical malpractice lawyer says proving negligence can be challenging since a bad medical outcome isn’t indicative of malpractice. Even more upsetting is when an error does happen, it still might not meet the criteria for negligence.

Why is suing for medical malpractice difficult? There are many reasons, scenarios, and even legal statutes that make this process feel nearly impossible. Before giving up hope, understand these factors and discuss them with an experienced medical malpractice attorney in Rochester to learn what options are available to you.

Factor #1: New York’s Narrow Deadline for Malpractice Suits

New York law gives victims of medical malpractice just two and a half years to pursue a lawsuit for injuries related to a doctor’s negligence. One can also file suit if the mistake happened while under their care and the deadline window doesn’t begin until that treatment has finished.

New York’s Discovery Rule

New York’s Discovery Rule offers limited provisions to accommodate a patient. If it’s discovered that a foreign object like a surgical instrument or gauze remained in a patient’s body, a malpractice suit must take place within one year of that discovery. The same applies to situations where facts become known that would lead to the discovery of the item left behind.

Factor #2: Does Your Experience Constitute Medical Negligence?

This factor is critical for medical malpractice suits because it’s necessary to show that a healthcare provider acted in a way that was unreasonable under the circumstances. This often requires the use of experts to testify under oath about the circumstances surrounding the physician’s actions. Obtaining testimony can be costly, but it’s usually necessary to prove negligence.

Factor #3: Were You Injured By Your Doctor’s Negligence?

Once a medical malpractice attorney in Rochester proves a physician acted negligently, the patient’s injuries must also be a result of that action. This is important because, as a patient, you already had a medical issue needing treatment prior to getting hurt. Your doctor’s mistake had to make your condition worse or created another health problem as a result.

This typically requires having an outside expert testify how your healthcare provider’s negligence harmed you.

Factor #4: The Burden of Proof is on the Patient

Another factor that makes medical malpractice suits so difficult to pursue is the burden of proof that the victim must bear. In these types of cases, it’s not the doctor’s responsibility to convince the court of their innocence.  This requires plaintiffs and their legal teams to thoroughly investigate every aspect of the claim, gather evidence, get expert testimony, and depose any witnesses. The amount of time that evidence preparation can take varies from case to case and will require resources, patience, and clarity.

Seasoned New York Medical Malpractice Attorneys

It’s an arduous undertaking to sue a doctor for medical malpractice. Victims who pursue claims in court against healthcare providers that negligently hurt them may find the process to be emotional and exhausting. Scientific proof must support your case, and the costs associated with obtaining expert testimony often make malpractice cases cost-prohibitive.

However, many cases are worth pursuing, and an experienced medical malpractice attorney in Rochester can help you determine whether you should file a claim or not.

For more than 60 years, the attorneys with The Law Firm of Cellino & Barnes have represented thousands of New Yorkers who’ve suffered injuries due to trusted physicians making unreasonable mistakes. We fight tirelessly to secure your future treatment and finances so that you can move forward and focus on healing. Our membership with the Million Dollar Advocates Forum demonstrates we have the experience and track record to successfully bring medical negligence suits to trial. We do this without ever asking for a penny upfront. Learn more about how our malpractice legal team can help you by contacting us today.

Cellino & Barnes (800) 888-8888

How to Choose a Motorcycle Helmet in NYC

/ Motorcycle Accidents /

A motorcycle accident lawyer in Manhattan explains what safety gear is needed in NYCNEW YORK — Before taking to the streets on your motorcycle for an afternoon cruise or commuting to the office this summer, you need to take time to invest in appropriate safety gear. According to a motorcycle accident lawyer in Manhattan, New York state demands that riders and their passengers wear helmets approved by the Federal Motor Vehicle Safety Standards.

Additionally, it’s required by the state to use goggles or helmets with face shields to protect the eyes from road debris that could potentially fly into a driver’s face. These standards set out federally and statewide require motorcyclists to do some research before choosing a helmet. Ultimately, it’s better to have a safe riding experience than suffer a catastrophic injury.

What to Consider When Buying a Motorcycle Helmet

Whether you’re a first-time rider or a seasoned road warrior, it’s important to remember all traffic safety laws regarding protective gear before purchasing a helmet. With the massive amount of options to choose from, how do you know what to pick? Consider some of the below features when shopping for the best head protection while on the road.

Weekend Cruises, Daily Commuting, and Racing

You should consider how you use your motorcycle the majority of the time when riding around the busy streets and rolling countrysides of New York. If you plan to use your bike only on the weekend for cruising or daily commutes in extensive traffic, higher-end headgear might offer the best comfort and minimal wind noise for extended rides.

Those with racing in mind should seek the best of the best when it comes to standards. Many tracks demand the more stringent Snell-rated safety gear for their track riders due to the type of high-impact crashes that could occur.

Common Motorcycle Helmet Materials

The level of safety you receive from a helmet will depend on several factors, but a motorcycle accident lawyer in Manhattan says the type of materials used to create it and how they function can play a significant role in the event of a crash.

  • Fiberglass composite which will absorb impact while flexing, crushing and splitting
  • Polycarbonate helmets will only flex when absorbing impact energy
  • EPS is a dense foam material that’s formed into a shock-absorbing inner shell
  • Carbon fiber materials are lightweight and distribute impact force

Another detail to consider: the material used in your helmet follows the safety rating associated with each type. Some are cheaper and handle impacts differently — and less efficiently.

Understanding Helmet Safety Ratings

As mentioned earlier, New York adopted the standards set out by the Federal Motor Vehicle Safety Standards. This isn’t the only guideline that some motorcycle helmet manufacturers follow, so it’s essential to understand the difference to avoid buying headgear that doesn’t adhere to required state law.

  • DOT Standard – This is a minimum level of standards for protective helmets set out by the United States Department of Transportation.
  • 05 – This safety rating follows guidelines and requirements determined by the U.N. Economic Commission for Europe.
  • Snell (M2015) – Racing standards for motorcycle helmets created by a non-profit founded in honor of sports car racer Pete Snell (who died from head injuries).

With technological advancements in the types of materials and safety features now available for motorcycle helmets, NYC riders have plenty of options to choose from that will meet the mandatory helmet laws of the state.

Dedicated New York Motorcycle Accident Attorneys

Enjoying the open roads and highways of New York is a dream for many motorcyclists living in the Big Apple. Sadly, this often ends in tragedy due to other drivers on the road, faulty equipment, and other unavoidable factors which can cause devastating accidents.

At the law firm of Cellino & Barnes, we represent injured motorcyclists and their families whose lives are in turmoil due to collisions. Our motorcycle accident lawyers in Manhattan have fought on behalf of such families for more than 60 years, to get the compensation they desperately need to continue receiving necessary care and move on with their lives. As recognized Super Lawyers, you can trust our commitment to your rights and future when trying to recover damages for your case. Contact us today to have your case evaluated and learn the next best steps for your situation.

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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