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Kevin Flores, 13, Hit By Brooklyn Truck – Sparks Rallies For Stiffer Penalties

/ Truck Accident /

NEW YORK – A string of recent accidents — including one that killed Kevin Flores, 13, of Queens — highlights the need for more stringent criminal penalties against drivers who are operating trucks without a license, but it also puts a spotlight on the companies that pay them to do it, neighborhood watchdogs say.

Police reports suggest that Philip Monfoletto, 28, was at the wheel of an oil tanker truck with a suspended license when the big rig slammed into Kevin Flores, who was riding his bicycle on Lewis Avenue in the Bed-Stuy neighborhood of Brooklyn.

A New York truck accident lawyer says while unlicensed drivers often face criminal charges after accidents like the one that killed Kevin Flores, the companies that employ drivers may not be charged with anything; but they can be held responsible for an accident in civil court.

A wrongful death claim allows family members of truck accident victims to receive compensation from those responsible for their family member’s untimely death, including the company the driver was working for. This compensation can help families recover the costs associated with a truck crash:

  • Medical bills
  • Loss of companionship
  • Expected loss in income of the person who died;
  • Expected loss of care, which the person who died provided to his or her family
  • Funeral costs
  • Pain & Suffering
  • And more

The law can be complex when it comes to filing a wrongful death or other personal injury claim, but a New York truck accident lawyer can help victims and their families get the best result possible from these claims. In fact, studies have found that when a New York truck accident lawyer gets involved in a case, the value of that case jumps by four times or more.

A wrongful death claim will not only seek financial compensation for a victim’s family — it can also spur more important changes to prevent similar accidents from happening in the future.

Neighborhood leaders are already examining the hiring processes of some New York companies that had unlicensed drivers operating trucks and other heavy machinery. A successful lawsuit could force these companies to create new policies that would prevent dangerous drivers from getting the keys in the first place.

Many community leaders would welcome these policies, particularly after a heartbreaking accident that could have been prevented with simple background checks and training.

According to the Daily News, Monfoletto’s license has been suspended seven times, and he has a lengthy criminal history on and off the road. He currently charged with aggravated unlicensed operation of a vehicle.

Manhattan Jogger Pinned Under Tractor Trailer

/ Truck Accident /

NEW YORK – A 31-year-old man is fighting for his life at a New York City hospital after he was ran over and pinned under the rear wheels of a tractor trailer, police said.

According to the Daily News, city officials said the man was jogging alongside the truck around 1 a.m. Monday morning.

At some point, the jogger attempted to cross Amsterdam Ave. on the Upper West Side of Manhattan, resulting in the serious collision. He was taken to Mount Sinai St. Luke’s hospital where he underwent surgery for his injuries, police reported.

A Manhattan truck accident lawyer says accidents like this often result in catastrophic injuries.

These are some of the most serious injuries a victim can experience as a result of an accident; and they’re some of the most costly injuries to treat.


For many Manhattan truck accident victims, they will not have to bear this burden alone. In 2017, victims of car and truck accidents who sought legal counsel obtained four-times more compensation on average than their counterparts who dealt with insurance companies alone.

The compensation these victims ultimately receive not only helps pay for medical bills – it can also cover lost wages, pain and suffering, loss of a family member or companion, transportation costs, and more.

A Manhattan truck accident lawyer says talking with an experienced attorney is a crucial step that victims and their families should take in the hours and days following an accident. In some cases, a personal injury law firm, like Cellino & Barnes, will provide victims with a FREE consultation, and guarantee no fees unless they win your case.

Since most New Yorkers don’t have to deal with truck accidents and injuries regularly, many are not familiar with the complexities of personal injury litigation, and the challenges a person may face when trying to obtain fair compensation from the insurance company. A FREE consultation can provide victims with important information and insights about this process.


Every Manhattan truck accident has a set of unique circumstances that the insurance company will be looking at; it’s only fair to have professionals in your corner whose goal is to make sure you get the best result possible, lawyers said.

The jogger who was pinned under the tractor trailer early Monday morning suffered extensive upper body and leg injuries, police reported.

The truck driver remained at the accident scene and was not charged.



Blizzard Causes Pileup Accident On Thruway: Getting Compensation

/ Car Accident, Truck Accident, Winter Hazards /

BUFFALO, N.Y. – New York State Police have confirmed that one man was killed, and several others injured in a massive pileup accident on the New York State Thruway near Buffalo.

At least 20 vehicles were involved in the chain-reaction crash as a blizzard created white-out conditions in the area Tuesday afternoon. Authorities say as many as 75 vehicles may have been damaged in the massive pile-up in Cheektowaga, a suburb of Buffalo.

A Buffalo car accident lawyer says many drivers and passengers may be entitled to significant compensation if they were injured or killed in the pileup accident. This compensation can cover medical bills, lost wages, pain and suffering, and more.

In accidents like this one, which closed the NYS Thruway for hours, having a personal injury firm in your corner is crucial. The law offices of Cellino & Barnes, for example, often obtains settlements and verdicts for their clients that are worth significantly more than what insurance companies offer victims without representation.

Some of the injuries reported in the pileup are considered ‘minor,’ but a Buffalo car accident attorney says an aching neck could be a sign of more severe damage, and it should not go unaddressed. A Buffalo car accident lawyer suggests every ache and pain – minor or severe – be documented and analyzed by a doctor.

Unfortunately, accidents like these also come with more severe injuries — and even death. According to State Police, Edward Torres, 64, of Elba died in the pileup accident, and another traveler was seriously injured.

Police said Edward Torres was unable to stop on the slick roads, and his vehicle crashed into the back of a tractor-trailer.

Other drivers had similar experiences, as dozens of cars became ensnared in the weather conditions and the accident scene. Current reports suggest Edward Torres was the only fatality in the massive pile-up but dozens of other drivers and passengers suffered injuries.

Whether you are a victim or a family member, a FREE CONSULTATION with an experienced personal injury lawyer could help determine the proper course of legal action after an accident.

At Cellino & Barnes, Buffalo car accident attorneys will provide victims of any type of accident with a FREE CASE EVALUATION; information which could be extremely valuable for those injured in a car crash. If you or a family member has suffered a sudden injury or accidental death, call an experienced Buffalo car accident attorney now:

Cellino & Barnes (800) 888-8888

Clear off Your Vehicle

/ Truck Accident /

Clear off Your VehicleROCHESTER, N.Y. – It happens every winter: as the snow piles-up on cars, negligent drivers take-off without brushing the snow off the roof. Their windshield may be clear, but these drivers are creating hazardous conditions for others using the roads.

Driving in winter weather is dangerous enough without having to dodge snow or ice falling off another person’s vehicle. According to State Police, several people suffered eye injuries last week when chunks of ice fell off one vehicle and smashed the windshield of another.

A Rochester truck accident attorney at Cellino & Barnes says drivers who don’t clear off their cars can even be considered a traffic violation in some states, and if it causes an accident, negligent drivers could be held responsible for any injuries.

“Many of us have been in that situation: stuck behind a vehicle with snow and ice flying off the roof in Rochester,” truck accident lawyer Ross Cellino said. “It’s downright dangerous and it has been known to cause serious accidents, but it’s really simple to avoid.”

Rochester truck accident lawyers suggest using common sense; and there are some tricks to help drivers get the snow and ice off their cars in a hurry:

  1. Use some de-icing spray on your windows before turning on your windshield wipers
  2. Have a broom or shovel handy to clear those hard-to-reach areas of your car’s roof
  3. Work from the top down. Start with the roof. Sometimes, it can dislodge ice over windows
  4. Park your car facing east. When the sun rises in the morning, it gives you a head-start
  5. NEVER use hot water to melt ice. You’re doing more harm – not only can this damage your car, hot water can also freeze faster in cold conditions!

These tips go for truck drivers too. In a recent poll, more than half (54%) of truckers reported they ‘rarely or never’ remove snow and ice from their trucks and trailers, AAA reported.

If you or a loved one has been injured in an accident involving a car or truck covered in snow and ice, you could receive significant compensation for your injuries. The Rochester truck accident attorneys at Cellino & Barnes have extensive experience handling these types of matters, and they’re focused on getting clients the best result possible.

For a free case evaluation, call Cellino & Barnes anytime – 24/7

Cellino & Barnes (800)888-8888


Electrical Truck Runs Over Woman in Manhattan

/ Truck Accident /

Electrical Truck Runs Over Woman in ManhattanNEW YORK – More than 100 pedestrians and bicyclists have been run over on city streets this year, a 12-percent jump from 2015.

Another incident happened on Monday as Nuesa Marques-Diniz, 68, was struck and killed by an electrical truck while crossing 42nd Street between 5th Avenue and Madison Avenue.

According to the New York Daily News, Nuesa Marques-Diniz was a Brazilian national who had recently left a nearby McDonald’s when the truck, owned by Hugh O’Kane Electrical Co. struck her at around 8pm Monday night.

Police told the Daily News that Nuesa Marques-Diniz died at the scene.

A Manhattan truck accident lawyer says truck drivers have a responsibility to drive and operate their trucks as safely as possible but there are many more factors that need to be scrutinized – including safety concerns with the roadway itself.

Each year, thousands of people are injured or killed in truck crashes that are traced back to driver fatigue. A thorough legal investigation will look into a truck driver’s record and the number of hours the driver has spent behind the wheel and working.

In addition to driving records, an extensive legal investigation will look at other factors that could help maximize the compensation for a victim and their family. These factors can include:

  • Truck maintenance records
  • Surveillance video
  • Dashcam video from the truck itself or other drivers in the area
  • Road striping
  • Traffic signals
  • Overall road safety

Dozens of other pedestrians have been struck by trucks on Manhattan streets this year and many victims have been killed as a result. Victims and their families may be entitled to receive significant compensation for an injury or a loss of a loved one. This compensation can help cover:

  • Loss of companionship
  • Loss of protection or care
  • Loss of financial support from the victim
  • Expenses from hospitalization
  • Funeral costs
  • Pain and suffering

A successful claim could also help improve safety for others in New York City so accidents like the one that claimed the life of Nuesa Marques-Diniz can be prevented in the future.

Seneca County Truck Crash Investigated

/ Truck Accident /

ROCHESTER, N.Y. – A tragic Seneca County truck crash is under investigation after one person was killed and two others were hospitalized.

The Seneca County Sheriff’s Office said the truck accident happened on West River Road near Knauss Road. According to NYup.com, a 1994 GMC big rig was pulling out of a bean field onto West River Road, causing a 2009 Dodge Caliber to crash into it.

Floyd Jones, 87, Catherine Olmstead, 55, and Samuel Santiago, 33, were in the Dodge as the crash occurred, NYup.com reported.

The driver, Floyd Jones, and backseat passenger, Samuel Santiago, were both taken to Strong Memorial Hospital in Rochester to be treated for their injuries. Tragically, Catherine Olmstead was killed on impact.

Floyd Jones, Catherine Olmstead and Samuel Santiago all resided in Seneca Falls.

A Rochester truck accident lawyer said there are many factors that need to be analyzed in every truck crash and a legal investigation should be conducted to make sure every piece of evidence is collected.

  • This evidence can include:
  • Truck maintenance records
  • Driving records/accident records
  • Possible dashcam video or recording devices from the truck
  • Driver’s cell phone records
  • Truck driver rest logs (fatigue)

In addition to investigating the truck driver and truck maintenance, an intensive legal investigation will also look into the potential dangers of West River Road itself. There are many factors that could warn drivers of potential hazards on the road, including trucks entering the highway. An experienced truck crash lawyer knows how valuable this evidence can be, including:

  • Warning signs (trucks entering highway)
  • Proper lighting
  • Road striping
  • Potential need for traffic signals/stop signs

Victims of truck crashes can often receive significant compensation for their injuries but when a person is killed by a negligent truck driver, their families often need knowledgeable and persistent representation to help them get the best result possible.

Bicyclist Struck By Truck in Brooklyn

/ News, Truck Accident /

Bicyclist Struck By Truck in BrooklynNEW YORK – A tractor-trailer cruising through downtown Brooklyn mowed over a bicyclist Tuesday morning.

Brian Ricci, 35, of Boerum Hill was the bicyclist struck. According to the Daily News report, Brian Ricci suffered severe head trauma and was rushed to New York Methodist Hospital in critical condition.

The New York Daily News reports the truck, which is owned by Mountain Man Sand & Gravel in Huntingon, L.I., was making a right-hand turn onto Tillary Street from Jay Street when the crash occurred.

Ricci wasn’t the first person to get hurt at this dangerous intersection.

According to city crash data, three other bicyclists have suffered injuries in crashes at the corner of Tillary Street and Jay Street.

A Brooklyn truck accident lawyer says truck drivers have a responsibility to operate their tractor-trailers safely but there are many more factors that should be examined – including safety concerns with the roadway itself.

A thorough legal investigation will into a driver’s record and rest log. The number of hours truck drivers can be on the road has a limit – and for good reason: every year, thousands of people are injured in truck crashes that can be linked to driver fatigue.

In addition to driving records, an intensive legal investigation will look at other factors that could help a victim and their family get the best result possible from their claim. These factors could include:

  • Truck maintenance records
  • Surveillance video
  • Dashcam video from the truck itself or other drivers in the area
  • Road striping
  • Traffic signals
  • Overall road safety

Several other cyclists have been injured in crashes near Jay Street and Tillary Street. A successful claim could spur changes to improve safety for other cyclists in the downtown Brooklyn area.

Since Brian Ricci’s accident, the New York community has come together to support him and his family; including his husband Frank and their son, Rocco. Family and friends set-up a fundraiser to help Frank and Brian Ricci afford the expenses associated with such a tragic crash.

A Brooklyn truck accident lawyer says there are many expenses associated with a truck or bike crash. Since the injuries are often severe, medical costs can pile-up. On top of the hospital bills, families still have to cover their day-to-day expenses, lost income, child care, pet care, additional transportation, and temporary lodging.

These costs can add-up quickly. However, an experienced Brooklyn truck accident lawyer can help families cover these expenses in addition to getting compensation for a victim’s pain and suffering.

Although neighbors and witnesses were quick to blame the incident on “rampant development” in downtown Brooklyn, police told Daily News reporters that the crash involving Brian Ricci is still under investigation.

Cellino & Barnes 800-888-8888

Authorities: Truck Behind I-90 Crash in Chautauqua

/ News, Truck Accident /

BUFFALO, N.Y. – Authorities investigating a deadly rollover crash say the incident was caused by a truck driver after a tractor-trailer rear-ended a vehicle on I-90 in Chautauqua County, south of Buffalo.

According to WGRZ-TV, Volodymyr Haperin, 41, of Ontario was driving a tractor-trailer between Exit 59 and Exit 58 in Chautauqua County on Wednesday when he struck the back of a Chevy Silverado pick-up truck. Police told reporters that Rush Addair, 81, of Indianapolis, Indiana was driving the pick-up with Iesha Lampton, 21, as a passenger.

As a result of the collision, Rush Addair lost control of the truck and was ejected. Iesha Lampton suffered minor injuries and the truck driver, Haperin, was not injured in the crash.

A Buffalo truck accident lawyer at Cellino & Barnes says truck accidents like these continue to plague local roads and highways.

“Truck crashes have been on the rise since 2009 and those in passenger vehicles often suffer the most devastating injuries,” truck accident lawyer Steve Barnes said. “Victims of truck crashes and their families can have a lot of questions. Who’s responsible? What about the loss of wages? How can I pay the medical bills or the funeral costs? An experienced lawyer can often help answer these questions.”

The Buffalo truck accident lawyers at Cellino & Barnes have been investigating truck crashes for over 50 years and Barnes says a thorough investigation is imperative.

“Truck drivers can travel thousands of miles each and can put in over 65 hours behind the wheel each week” Barnes said. “Exhaustion can be a real concern and it has been a factor in many truck crashes. We also know that truck drivers are more distracted today than ever before and these factors need to be looked at as possible crash causes.”

Barnes said there are other factors that he looks at every time he investigates a truck crash. Truck maintenance of both the cab and the trailer, accident history, the driver’s log books, the weight and distribution of the load, speed for the road conditions, pickup and drop off points, planned route information, was the driver behind schedule, last refueling point and discussions with witnesses can each reveal critical information. Poor truck maintenance can cause a truck’s brakes to fail and other vital systems can malfunction if the driver or company doesn’t conduct regular maintenance.

Recently, a Pennsylvania truck driver was ticketed for operating an out of service vehicle after his truck crashed into multiple vehicles in Binghamton. Officials said the tractor-trailer was carrying heavy stone blocks and inadequate brakes were a contributing factor in the crash.

The truck accident attorneys at Cellino & Barnes look at every possible factor when they’re investigating a truck crash because it can help maximize a victim’s compensation, Barnes said.

If you or a loved one has been hurt in a truck crash, Cellino & Barnes can help you obtain the best result possible. Call one of their experienced truck accident lawyers today and they will review your case for free.

Cellino & Barnes 800-888-8888

Crisis on the Road

/ Truck Accident /

Crisis on the RoadNEW YORK – If you think the traffic is getting worse and your commute is getting dicey, you’re right. America’s roads and highways suffered a deadly year in 2015 and the trend hasn’t slowed down much.

A newly released government report shed a sobering reminder of how dangerous driving a vehicle can be. According to the National Highway Traffic Safety Administration, more than 35,000 people were killed in traffic accidents last year. That’s a 7.2 percent spike over 2014.

A New York truck accident attorney at Cellino & Barnes said the last time the nation experienced such a large single-year increase was 50 years ago and addressing the problem will take teamwork.

“Over the last few decades, we’ve seen a gradual decline in the number of car crashes but that all ended last year,” New York truck accident lawyer Ross Cellino said. “Even though today’s cars are equipped with the newest safety technology, drivers are more distracted than ever and infrastructure in many areas can be considered outdated or inefficient, so we all have to work together to make our roads as safe as they can be.”

A recent change in infrastructure could be behind a major crash that happened in Binghamton last week. The city released dashcam video of a 10-car pileup that happened on Highway 17 near Interstate 81, according to ABC News.

The video shows a tractor-trailer plow through afternoon traffic on Highway 17, less than a mile before the highway sharply merges into I-81.

The area has been under road construction, which could impact traffic. According to the New York State Department of Transportation, the construction includes lane closures, slow moving traffic and sudden stops.

Police said the truck driver was ticketed for faulty brakes and they are considered a contributing factor in the crash.

“Trucks can weigh up to 80,000 pounds and when it’s traveling at 50 miles per hour or more, the brakes had better be in good operating condition or the truck driver risks a disastrous crash,” Cellino said. “Luckily no one was killed in the Binghamton crash but several drivers may have suffered injuries to the head, neck or back; and recovering from these accidents has certain challenges.”

Many victims of truck crashes not only suffer severe injuries, they also face the burden of having to pay for medical bills, lost wages, and time away from work. However, the experienced team of New York truck accident lawyers at Cellino & Barnes has helped many victims get compensation after a truck crash.

About 10 percent of all deadly highway crashes involved a large truck, according to the Insurance Institute for Highway Safety. Part of the reason there were more fatalities on the road in 2015 is also due to more truck congestion.

Since 2009, companies have been putting more and more large trucks on the roads and as a result, deadly truck crashes have increased by nearly 15 percent over that time period. Last year alone, truck crashes spiked by over 4 percent.

If you’ve been injured in a large truck crash, the New York truck accident lawyers at Cellino & Barnes will investigate all of the factors, including truck maintenance issues, driver distractions, driver fatigue, road conditions, and problems with infrastructure.

Call 800-888-8888 for a free consultation with a truck crash attorney.

For more legal information or safety tips, follow Cellino & Barnes on Twitter.

Road Debris Behind 200,000 Crashes

/ Truck Accident /

Road Debris Behind 200,000 CrashesROCHESTER, N.Y. – You’ve probably seen some dangerous things scattered across the highway. Maybe you’ve encountered plastic bags or even furniture in the roadway. For obvious reasons, these hazards are dangerous and in some cases, deadly.

According to a new study conducted by the AAA Foundation, debris has been a factor in more than 200,000 crashes on U.S. roadways over the last four years. Researchers said the crashes caused more than 39,000 injuries and 500 deaths since 2011.

A Rochester truck accident lawyer says drivers have to make sure they’re properly securing any load they’re hauling.

“Debris can be some of the most dangerous hazards on the roadway and drivers who fail to secure a load can face severe legal consequences in Rochester,” truck accident attorney Ross Cellino said. “Not only can a driver get a ticket for an unsecured load; they can also be held liable if that debris causes an accident.”

When debris falls off a car or truck, the driver (or the driver’s employer) can be held liable for any damages that debris causes, the Rochester truck accident lawyer said. Commercial drivers are required to inspect their trucks before every trip and examine them for potential hazards.

Some falling debris can cause serious accidents like this one that occurred this summer in Minnesota when a motorcyclist crashed into an item that fell off a boat being towed by an SUV. Luckily, the motorcyclist survived but others aren’t so lucky when they hit debris.

When debris fell off a semitrailer in Northern California this summer, it caused a woman to veer off the road. Hours later, the driver was pronounced dead at the hospital. California Highway Patrol Officers then launched a massive search for the truck driver, who did not remain on scene.

According to AAA, two-thirds of all the crashes that involve highway debris are the result of objects falling off a car or truck and around 37 percent of all deaths in road debris crashes occurred when the driver tried swerving to avoid an object in the roadway.

Safety advocates say swerving is one of the worst things a driver can do, although it’s often reactionary. If possible, drivers should slow down and maintain control of their vehicle, even if that means striking the object in front of them.

Rochester truck accident lawyers say in most cases, the driver responsible for the debris is also responsible for your damages.

With offices across New York State, Cellino & Barnes offers free consultations to those who have been injured by highway debris. For contact information and office locations, find Cellino & Barnes on Best Lawyers.

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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