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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

 

 

Cyclist Struck By Truck in Manhattan Hit-and-Run

/ Bicycle Accidents /

A New York bicycle accident lawyer explains what to do if you or a friend has been struck while riding, after Robyn Hightman was hit and killed on Manhattan streetNEW YORK — A truck driver hit and killed bicyclist, Robyn Hightman, in Manhattan on Monday morning. Police say the driver never stopped, but eventually returned to the scene on Sixth Avenue near West 24th Street.

According to the New York Post, the driver claimed he didn’t stop because he didn’t realize he’d struck Robyn Hightman until a taxi driver later flagged him down.

Robyn Hightman, 20, of Richmond, Va. was working as a bike messenger when the truck struck them.  The driver, identified by CBS2 as Antonio Garcia, was not arrested, but was ticketed for having minor violations with the truck.

Dangerous Streets, Dangerous Drivers

Hightman was the 11th bicyclist to be killed in New York City in 2019. The incident sparked a protest in Manhattan, where bikers rallied to demand safer streets for bicycles.

“There’s no accountability for drivers,” a courier, Mario Sepulveda, told reporters. “How many deaths do we have to have for something to be done?”

Friends and colleagues explained it was Robyn Hightman’s second day on the job as a bike courier. However, they were no stranger to cycling. WTVR reports Hightman previously operated a bicycle courier service in her hometown of Richmond.

In a short film made recently by a friend, Hightman shared their love for cycling, and concern for her safety working as a courier.

“In a split second, something could go wrong. I’ve been hit by cars. I’ve been assaulted on shift. I’ve been harassed in a whole manner of ways, but I feel safe being out there because I know I work hard. I know that I can stand up for myself, I can defend myself, but I know that if I can’t, that the people who are out there with me have my back,” Hightman said.

Safe Biking Advocates Helping Victims

Roughly a dozen bicyclists have needlessly died on New York City streets this year, and many others have been seriously hurt. In most of these cases, the victims and their families could be entitled to significant compensation, but it’s critical to open a claim as soon as possible.

An experienced New York bicycle accident lawyer can help protect your rights, and make sure your family is getting the best result possible after a horrible accident. A thorough investigation and a successful claim could also help pave the way for meaningful changes in New York City that could force officials to design safer streets, and laws to help protect bicyclists from negligent motorists.

Cases involving bicyclists and trucks are often very complicated legal matters which require key pieces of evidence, including:

  • Vehicle maintenance records
  • Surveillance video
  • Truck driver’s record
  • History of accidents at the intersection or street
  • Review of vehicle safety requirements
  • Intersection design
  • Sign placements, bike lane location
  • Dashcam video from the vehicle or other drivers in the area
  • And more…

If a loved one has recently been injured or killed due to a driver’s negligent actions, you can contact a New York bicycle accident lawyer to help file a claim.

If you choose to get in touch with Cellino & Barnes, we’ll put our best bicycle accident lawyer in New York City on your case. We’ll fully investigate the accident and gather all pieces of evidence that can help maximize your claim. Call us any time or contact us online for a FREE consultation.

Cellino & Barnes (800) 888-8888 

Are Motorcycles Safer to Drive Than Cars?

/ Motorcycle Accidents /

Our best motorcycle accident lawyer in Rochester explains why motorcycles carry more risk than carsROCHESTER, N.Y. — People who love riding motorcycles should always put safety first. A Rochester motorcycle accident lawyer says one of the biggest myths is that motorcycles are safer to drive than a car. Like other myths, there are statistics and facts to debunk this notion.

While many communities offer different advice about how to ride, it’s critical that these recommendations are accurate. With all of the inaccurate information surrounding motorcycles and false safety comparisons to driving a regular car, our best motorcycle accident lawyers in Rochester have debunked some of the most common motorcycle myths below.

Do Motorcycle Helmets Decrease Visibility?

Another popular piece of misinformation involves the field of vision of a motorcycle helmet. Many people mistakenly believe these helmets decreases visibility. This is untrue as the Department of Transportation (DOT) has safety guidelines in place which demand that there is a minimum of a 210-degree viewable area. This exceeds the normal 180-degree peripheral view we usually need to operate a motorcycle.

Are Highways More Dangerous Than Local Roads?

The reason highways create greater risks of danger relates to the high rates of speed motorists travel on those byways. The reality is there are more hazardous situations on smaller city roads and streets like:

  • Blind spots
  • Intersections
  • Hidden driveways
  • Children playing nearby
  • Off-street parking

Studies show that motorcyclists get into more collisions on the smaller streets than on highways. These town roads and avenues increase one’s probability of experiencing an accident, while highways have better-controlled flows of traffic and speeds. Riders who experience a crash should contact our best motorcycle accident lawyer in Rochester right away to protect against insurance companies trying to minimize the damages.

Do Loud Pipes Save Lives?

This is a slogan that gets repeated like a sacred mantra in the motorcycle community. You see it plastered on bumper stickers and pamphlets about bike safety. The reality is that the physics behind this statement don’t ring true. When you travel forward, the sound from your bike follows behind and away from you because the exhaust pipe points backward.  Pay attention to this phenomena the next time you see a motorcycle heading toward you and then as it passes.

Do Car Drivers Hate Motorcyclists?

How often do we hear that everyday car motorists do not pay attention to bikers? Many believe this, as evidenced by the number of accidents involving both vehicle types. Our best Rochester motorcycle accident lawyer says drivers often have a difficult time seeing motorcyclists on the road. That’s why it’s important to make them aware of your presence on the road, know their blind spots, and avoid them. Accidents often happen when switching lanes because it’s too late to change course once the driver realizes there’s a motorcycle in a blind spot.

Should You Lay Your Bike Down If You’re Going To Crash?

Many motorcycle riders recommend laying down the bike if headed into a crash. This rationale seems to stem from decades-old advice that applied to older generations of bikes that couldn’t stop as quickly as newer models. The truth is there are devastating risks associated with laying down a motorbike. Some of the significant injuries one can suffer from doing this dangerous maneuver include:

  • Severe road rash
  • Traumatic brain injuries
  • Sprained or broken limbs
  • Death

Physics demonstrates that the bike will continue traveling at high speed all the way to impact and will put the driver in less of a position of control. One should always hit the brakes and take whatever safe evasive actions are possible to avoid the collision.

Dedicated New York Motorcycle Accident Attorneys

Motorcyclists enjoy the freedom of Western and Central New York roads and highways. Unfortunately, riders may have the wrong idea if they believe that riding a bike is safer than driving an automobile. From mistaken advice about the intentions of other drivers on the road to laying down one’s bike before the impact of a collision, recommendations based on incorrect information can cost lives.

At the law firm of Cellino & Barnes, we represent motorcyclists who have suffered serious injuries in an accident. For more than 60 years, our seasoned legal team has fought tirelessly to help our injured clients and their families get the compensation they desperately need to start the recovery process. 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 by our best motorcycle accident lawyer in Rochester and learn the next best steps for your situation.

Cellino & Barnes (800) 888-8888

What Causes Slip-and-Fall Accidents?

/ Slip and Fall /

Our slip and fall lawyers in Brooklyn explain the most common causes of slips, trips and falls NEW YORK — When we slip on a smooth surface or trip on an uneven surface, our reflexes kick in to protect us from a potentially harmful situation. Unfortunately, they don’t always succeed – just ask a our slip and fall lawyers in Brooklyn. They’ve handled thousands of cases after a person is rushed to the ER for a fall-induced injury. According to the CDC, falls are the leading cause of traumatic brain injuries and account for 95% of hip fractures.

A person can sustain a slip-and-fall or trip-and-fall injury several different ways, and there are dozens of serious injuries which one can develop after such incidents. A person who suffers from a slip-and-fall accident in Brooklyn should turn to a personal injury lawyer for help in filing an accident claim.

Common Causes of Slip-and-Fall Injuries

Wet and/or Uneven Surfaces

Globally, most people who suffer an injury after a slip-and-fall do so after slipping and falling on a wet or uneven surface. In the U.S., these types of surfaces account for over half of all slip-and-fall accidents. Walking on its own can be hazardous, but can be made more dangerous by:

  • Loose floorboards
  • Cluttered floors
  • Potholes
  • Defective sidewalks
  • Torn carpeting
  • Loose mats
  • Recently waxed or mopped floors
  • Trash or debris on floors
  • Transitioning between surface types
  • Stairs

Improper Training for Hazardous Occupations

Workers in certain occupations are more prone to slipping or tripping than other types of employees. The risk for slipping or tripping and falling is often exacerbated by receiving poor training in the workplace. Those who work in the following occupations should exercise extreme caution on the job:

  • Construction workers
  • Housekeepers and custodians
  • Chefs and kitchen workers
  • Manual laborers
  • Factory workers

Negligent Supervision

A Brooklyn slip-and-fall lawyer says these kinds of accidents are especially dangerous for the elderly. In fact, the CDC states that falls are the leading cause of injury and death among older Americans. Elderly people have a reduced sense of balance, which increases their risk of falling. Seniors who live in nursing homes where staff fail to provide proper supervision suffer more falls, which often lead to hip fractures. The CDC also warns that falling once doubles a person’s chances of falling a second time.

Improper Footwear

Shoes play a large role in determining where your feet will land when you move. Although high heels certainly pose a threat, any shoe with poor traction can make it more likely a person will slip on a smooth surface. Whether you are at work or at home, it’s important to wear the right shoes for the job.

Seeking to Recover from a Slip-and-Fall? Contact Slip-and-Fall Attorneys in Brooklyn

It can take more time than you ever thought it would to fully heal from a slip-and-fall injury. While you work on your recovery, medical bills pile up, threatening your financial state. If you believe you were hurt due to the negligence of a property owner or manager, contact our slip-and-fall attorneys in Brooklyn today. Attorneys with Cellino & Barnes will look at all the evidence in your case to help you fight for compensation.

Call or email our team to schedule a free consultation in the Bronx about your case. We are available at all times.

Cellino & Barnes (800) 888-8888

 

Are Bicyclists Ever Liable for Traffic Accidents?

/ Bicycle Accidents /

There are many laws bicyclists must abide by, but what are they? A Manhattan bike accident lawyer at Cellino & Barnes explainsNEW YORK — An increasing amount of environmental awareness coupled with a growing need to save money and stay healthy means more New Yorkers now rely on bicycles to get around. More bicyclists on local streets can also mean more accidents. A Manhattan bike accident lawyer says not all roadways are suitable or prepared for cyclists, and that leaves many wondering what liabilities riders face if they cause an accident.

Fortunately, New York’s Vehicle and Traffic Laws and Regulations (VTL) apply to both drivers and bicycle riders, and there are sections dedicated to bicycle use, condition, and behavior.

New York Bicycle Traffic Laws

While the law presumes that drivers will use reasonable care not to cause a collision with a bicyclist, riders still have the same rights and duty of care when they’re on the road. If a bicyclist has an accident with a motor vehicle, the owner’s car insurance may have to cover the biker’s medical costs, lost wages, and more. New York is a no-fault state with regulations that utilize a comparative guideline to determine if either or both parties contributed to the incident.

Bicyclist Equipment Requirements

Under the VTL, a bicycle must meet certain specifications for a rider to use it legally on designated roadways and paths. These requirements help to protect the rider and other surrounding traffic and create a safer riding experience. Necessary bicycle equipment includes features like:

  • A bicycle lamp for the front and red lamp for the rear if riding after dark
  • Reflective devices on the frame so the cyclist can be seen more easily at night
  • Reflectors on the tire spokes or using reflective tires
  • Functioning brakes
  • An audible warning device like a bell

Pedestrian crashes often happen due to the lack of installing or using a warning bell, and the cyclist may face an injury claim by the person struck by the bike. The same happens in car accidents where drivers don’t see a cyclist at night because required reflectors and lights are not present. This may result in a comparative damage claim that could reduce the driver’s liability for damages.

Cyclists Must Follow the Rules of the Road

While riding on New York’s roads, bicyclists must follow the laws set out by the VTL. From coming to a full stop before entering traffic to not interrupting traffic flow with risky maneuvering, it’s imperative that cyclists operate safely.

In New York City, it’s also illegal to ride your bike on the sidewalk unless you’re under the age of 13. Bicyclists using the sidewalk not only increase the likelihood of an accident with a pedestrian, they can also be ticketed.

If you’ve experienced an accident on a New York City street and are unsure what your rights are, it’s critical to contact one of our knowledgeable Manhattan bike accident attorneys at Cellino & Barnes as soon as possible.

Sharing a Lane

Bicycle operators should always use a designated lane or path if one is available. Otherwise they would need to demonstrate a solid reason for using a regular traffic lane if there’s an established zone. A Manhattan bike accident lawyer says the court may assign partial responsibility to a biker who didn’t use available bike paths without reasonable cause if a car accident occurs.

Using Traffic Signals

VTL requires bikers to use hand and arm signals when turning, slowing down, or coming to a stop since the bicycle itself doesn’t usually have any signals built into them. Motorists depend on clear communication from bike riders in order to predict and avoid any hazardous situations.

Bicycle Helmets

State law does not mandate that bicyclists wear helmets unless under the age of 14. Minor children from ages 1 to 5 must also ride in a special seat attachment to prevent harm from moving bike parts. This means that negligence is possibly relevant if any injuries sustained may not have happened if the biker had worn a helmet or followed regulations properly.

Unsafe Maneuvering

Just like when you’re driving a motor vehicle, there are numerous examples of unsafe maneuvering that can cause accidents for bicyclists. A significant risk that bicyclists take involves either riding hands-free or carrying an item that prevents them from having at least one hand on the handlebars while biking. Ignoring stops signs, weaving around slow traffic, and using a sidewalk to circumvent traffic lights are just a few more examples of the many ways maneuvering in an unsafe manner puts others at risk.

Reputable Manhattan Bicycle Accident Attorneys

Cyclists must follow most of the same rules as other motorists. Now that you know what most of these rules are, it would be wise to follow them! Unfortunately, even the most knowledgeable cyclists can find themselves injured as a result of an accident. If you or a loved one have injuries or were in a bicycle-related accident, hiring an experienced lawyer with a track record of success will benefit your case immensely. Don’t try to navigate New York’s intricate liability laws on your own and risk your chances at compensation or possibly having all the blame put on your shoulders.

At Cellino & Barnes, our more than 60 years of practice and in-depth knowledge of traffic laws can help you get the best possible outcome for your case. Our Manhattan bike accident lawyers are trial-tested, having aided hundreds of accident victims and obtained over $2 billion in settlements and verdicts for our clients. As recognized Super Lawyers, you can trust that we’ll aggressively fight for your rights and help maximize your award. Contact our offices today to learn more and receive a free case evaluation.

Cellino & Barnes (800) 888-8888

Why Won’t a Personal Injury Lawyer Take My Case?

/ Personal Injury /

Why won't a lawyer take my case? Our Manhattan personal injury lawyer lays out some of the common reasons why an attorney may not accept your caseNEW YORK — After you’ve been hurt in New York through no fault of your own, you might consider asking a personal injury lawyer near you for advice. Whether you slipped and fell on city property or were injured in a severe automobile crash due to another driver’s careless actions, you deserve justice for what you have suffered. The reality is that most personal injury lawyers are highly selective about the cases they accept.

After a case evaluation with a lawyer, you might be puzzled to find that they refused your accident case. There are many possible reasons for this. Understanding them may help you find the right Manhattan personal injury attorney for you.

4 Reasons a Lawyer Might Refuse your Personal Injury Case

You didn’t suffer sufficient damages.

One of the most difficult challenges a Manhattan personal injury lawyer may face is to prove to the court that your injuries were a result of the accident in question. For example, many people develop back pain over time. Although an accident may have caused you to notice your back pain more, it didn’t necessarily cause the injury. When there’s a more severe injury, such as a bone fracture, it must’ve been caused by a specific event like a car crash or a slip and fall.

There’s no one to hold liable for your injuries.

Unfortunately, even if you weren’t at fault for the accident in which you were injured, there might not be a party to hold liable for damages. Attorneys must prove four main elements in most personal injury cases:

  1. Someone else owed you a duty of care
  2. The person who owed you that duty breached it
  3. The breach of that duty caused your accident
  4. The accident the breach of that duty caused resulted in damages

Sometimes, forces outside of anyone’s control lead to accidents that cause injuries. For example, if you’re driving in a thunderstorm and lightning strikes your vehicle causing a crash, there isn’t a party to hold responsible. An attorney who doesn’t believe he can prove all four elements might not be able to take your case.

The attorney isn’t the right fit for your case.

Thousands of lawyers throughout the state of New York practice personal injury law; however, not all are qualified to take all kinds of personal injury cases. An attorney who mainly handles worker’s compensation cases will likely refuse a medical malpractice case due to lack of familiarity with malpractice cases.

Attorneys also tend to avoid taking cases they don’t think they can win. If an attorney denied your particular case, they might be acting with your best interests in mind. After all, you only get one shot to file a personal injury claim. If you lose, you may not be entitled to receive any compensation for that accident… ever.

Before your next consultation, be sure to ask questions about the attorney’s experience resolving cases like yours.

The lawyer or law firm can’t handle the size of your case.

Personal injury firms come in all sizes. If an attorney turned you down and you believe you have considerable damages, it’s possible that your case was simply too big to handle. Some boutique law firms limit the amount of cases they take and might not have the proper resources to bring your case to trial, if necessary. Other firms might refuse claims beneath a certain value.

As one of the largest personal injury firms in America, Cellino & Barnes has prosecuted cases of all shapes and sizes. If you have any questions about what type of case you might have, or what challenges your case may face, contact a Manhattan personal injury lawyer at Cellino & Barnes for a FREE case evaluation.

Do You Have a Personal Injury Claim in New York?

At Cellino & Barnes, we have a robust team of attorneys who have experience in all areas of personal injury law. Don’t hesitate to contact our firm to understand what you can expect from pursuing a lawsuit for damages. We’re happy to review your case at any time of day to help you take the right steps to get back on your feet. Contact a Manhattan personal injury lawyer 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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