ROCHESTER, N.Y. – Transportation network companies (TNC’s) like Uber and Lyft have taken over the taxi industry. With thousands of Uber drivers in New York State, it’s important to ask the question, How Do Uber Car Accident Claims Work? Although Uber and Lyft accidents are not similar to ordinary car accidents between drivers, there are some important differences, Rochester car accident lawyers say.
Insurance Coverage for Uber Drivers
Uber drivers in New York must have their own car insurance in addition to Uber’s insurance policy. Uber’s insurance policy provides liability and uninsured or underinsured motorist coverage (UM/UIM). Liability insurance covers passengers and others involved in crashes caused by the Uber driver, while UM/UIM covers drivers and passengers in accidents caused by other drivers who do not have insurance or who lack sufficient insurance.
The insurance coverage available to you depends on the driver’s status at the time of the accident. Three distinct scenarios affect your claim:
1. Driver Active on App, Has Not Accepted Fare
An Uber driver who is signed into the Uber app and looking for passengers, and who does not have a passenger with him when he becomes involved in an accident, must file a claim under his own insurance policy. Uber may provide additional contingency liability coverage of up to:
$50,000 per injury
Up to $25,000 for property damage
Rochester car accident attorneys said it’s important to note that when the driver’s insurance fails to provide adequate coverage, the additional coverage is only available upon request.
2. Driver Has Accepted Fare, En Route to Destination
If an Uber driver is carrying a passenger when he becomes involved in an accident, the driver and his passenger(s) may be covered under Uber’s 1 million dollar liability policy. Uber may provide up to 1 million dollars more if the Uber driver lacks insurance or is underinsured.
3. Driver is Offline
If the driver is using their vehicle for personal use and they aren’t available to provide rides, they’re covered under their own insurance policy.
Why Do I Need an Attorney to Resolve an Uber Claim?
Claiming damages against Uber is no easier than making a claim against your own insurance company. Like any other corporation, Uber seeks to reduce its liability to maximize profits. They will do what they can to deny claims seeking financial recourse. With a large team of attorneys on their side, Uber rejects and devalues claims. In some cases, they may offer you a meager settlement up front in the hopes that you will not seek the sum you need.
Do not take the first offer you receive from an insurance agent; work with an Uber accident lawyer to fight for what you deserve. An attorney will be able to investigate several aspects of the accident, including:
NEW YORK – Cities across New York State have made pedestrian safety a top priority. New York City has invested millions of dollars into its streets and infrastructure in an attempt to curb the number of car accidents. As other cities try to duplicate this plan, it’s important to ask, “Where Do Most Pedestrian Accidents Happen?”
According to a car accident lawyer, New York has unique challenges when it comes to making the streets safer. It’s not just important to look at where pedestrian accidents happen, but when.
Where Do Most Pedestrian Accidents Happen?
Pedestrian accidents happen most frequently at busy intersections during the summer months. Although the majority of these accidents occur during the day, there’s a higher risk of getting struck by a vehicle at night.
According to our car accident lawyer, New York’s busy intersections are particularly dangerous because there’s a mix of heavy foot traffic and cars. Some of the busiest intersections in the country are also considered some of the most dangerous.
Why Is The Summertime More Dangerous?
There’s so much happening during the summer months. Families are planning road trips, shuttling children to and from baseball practices, and it seems like every weekend, it’s another birthday bash.
The warm weather and sunshine bring more crowds to outdoors. More crowds means more traffic. And more traffic usually means more accidents.
Why Is Nighttime More Dangerous For Pedestrians?
Roughly half of all accidents occur at nighttime. But considering traffic is greatly reduced overnight, this fact shows just how dangerous the streets can become after sunset.
Drivers rarely adjust their speed for nighttime travel, and limited visibility can make it difficult for a driver to identify a pedestrian at night. That’s why our New York car accident lawyers have made the following recommendations for pedestrians walking at night:
Wear Reflective Clothing. You want to be visible so drivers can see you and adjust their driving habits to avoid a potential accident.
Use The Sidewalk or Pedestrian Pathway. Stay as far away from traffic as possible. A pedestrian accident is most likely to happen on the roadway itself.
Avoid Areas Without Lights. Visibility is key at night. Not only do street lights allow you to see more, but they also help drivers see you.
Tell A Family Member Or Friend Where You’re Going. Tell a family member where you’re going and when you expect to be back.
Be Alert At All Times. We all know drivers can get distracted, but so can pedestrians. One misstep could lead to a terrible accident.
There are bad drivers in every city. Even when you follow these pedestrian safety guidelines, accidents can happen.
If you or a loved one has been hit by a vehicle or injured in a car crash, you can trust the team of experienced car accident lawyers at Cellino & Barnes to help you get compensation for your injuries. Call an experienced car accident lawyer in New York for a FREE case evaluation.
NEW YORK – Falls are a top cause of injury in the United States, impacting millions of lives every year. Many slips or falls happen in a public area, like a store or business, and you could be entitled to compensation for your injuries. Victims of these accidents often ask our Queens slip and fall lawyers, What To Do When You Slip And Fall In A Store.
Our legal team has assembled a list of best practices:
What To Do When You Slip And Fall In A Store
Whether you slipped on a wet floor, or fell down a poorly-lit staircase, know what to do. Our Queens slip and fall attorneys have put together five steps to keep in mind:
Get Medical Attention Immediately. Even if you feel fine, it’s important to get checked-out by a doctor. Immediate medical attention lowers the risk of long-term complications. It also documents the injuries caused by a slip-and-fall in a store.
Report The Problem. Whether your accident happened in a store or outside, report it to the manager or owner. If you do not know who the manager or owner is, or they are avoiding you, call our Queens slip-and-fall lawyers. We can help track them down!
Document EVERYTHING. Take pictures. Take notes. Talk to witnesses, and get their phone numbers. Every piece of evidence could be relevant and it may help prove your case!
NEVER Admit Fault. In fact, don’t give any statements to anyone other than your attorney. Don’t post any pictures or statements to social media either – this can only hurt you in the end. If you’ve been contacted by an insurance agent, decline a statement until you’ve talked with an attorney whose job is to represent YOU.
Call A Personal Injury Lawyer. When you’ve been injured, there’s a lot at stake and you want someone you can trust to be by your side throughout the legal process. Call an experienced Queens slip-and-fall lawyer at Cellino & Barnes for a FREE case evaluation.
Many victims of slips and falls are unsure whether they need a lawyer or not. If you’ve been injured in any way, it may be beneficial to at least speak with an experienced personal injury lawyer in New York.
Our team can handle all aspects of your case, and help make sure you’re going to get the best result possible. Some ways we can help include:
Experience. The law is complicated. There can be countless forms to fill out and legal documents that must be drafted. Luckily, our team has decades of experience sifting through legal jargon to help our clients get results.
Trust. To many other law firms, you’re just a case number. But at Cellino & Barnes, our legal team makes it a priority to know you and your family. We feel like that’s what you deserve – an attorney you know and trust to handle your case.
Success. Our team has helped accident victims recover over $2 billion. We didn’t become such a large firm by mistake; our team works hard to help their clients get the best results possible.
Still have questions? Give us a call. Our consultations are always FREE.
NEW YORK – According to an experienced Accident Attorney, New York businesses must have workers’ compensation coverage for their employees. These benefits extend to nearly every kind of employee, including those injured in a construction accident, shipyard accident, farming accident, or other type of work-related injury. If you have been hurt on-the-job in New York, you are likely entitled to benefits.
What is a “work-related injury”?
It may seem obvious that work-related injuries take place at work; however, certain facts of a case may make it difficult to validate a claim. Some examples of obstacles that may deter a workers’ compensation claim are:
The incident occurred during the employee’s break
The incident occurred during a company event
The incident occurred through the victim’s own misconduct
The incident occurred because a work duty exacerbated a preexisting health condition
Receiving workers’ compensation benefits after a construction accident may still be possible in the above situations depending on other facts of the case, which is why we always suggest calling an experienced personal injury lawyer for a FREE case evaluation.
What are my rights if I get hurt at work?
Very few businesses are exempt from complying with New York’s workers’ compensation laws, meaning that, if you work for a company of any size, part-time or full-time, or even if you volunteer, you likely have benefits waiting for you if you become injured or ill in the workplace.
By law, it is your right to file a claim through your employer’s workers’ compensation insurance policy when you become injured or ill at work.
You also have the right to see a doctor and receive medical treatment.
If your doctor releases you, you have the right to return to your position in the workplace.
If you cannot return to work because your injury or illness prevents you from doing so, whether the condition is permanent or temporary, you have the right to disability compensation.
You have the right to appeal any decision made by your employer, your employer’s insurance company, or the New York Workers’ Compensation Board.
You have the right to an attorney to represent you throughout the process of obtaining workers’ compensation benefits or that of filing a lawsuit against your employer.
How You May Lose Certain Rights
If you choose to pursue workers’ compensation benefits, you automatically void the right to sue your employer, coworker, or any other party that may be responsible for your injuries. Additionally, failing to report the injury altogether can cause you to lose the opportunity to receive workers’ compensation benefits. It’s important to report your accident to your employer as soon as possible, as there is a short window of time in which you may pursue a claim.
Our Bronx construction accident attorneys have helped many workers get the best results possible from their claims, and it all starts with on call. Discussing your rights and legal options with a qualified workers’ compensation lawyer in New York. At Cellino & Barnes, our top priority is to help you get the maximum compensation you are entitled to by law.
Call one of our Bronx construction accident lawyers at any time for a free case review.
BUFFALO, N.Y. – Odds are, it will happen at least once in your life. A car accident. They impact millions of lives each year, and they can add some unneeded stress to your life. So, What Do I Do If I’m In A Car Accident? Our accident attorneys hear this question all the time.
Know that you’re not alone, and there’s always someone who can help you through this stressful situation.
What Do I Do If I’m In A Car Accident?
There are a few basic steps everyone must take if they’ve been in a car accident:
If anyone was injured, get immediate medical attention.
Call police and obtain a copy of the accident report.
Take notes and pictures. This information may be able to help you later on.
NEVER admit fault. Even if you think you caused a car accident – the fact is, you don’t know that for sure! The other driver may have been under the influence, or a vehicle had an equipment malfunction.
Exchange insurance information.
If you’ve been injured, you may not be able to immediately complete these tasks, and that’s understandable. In some injury cases, your insurance company or legal team can help you obtain the information you need.
An experienced Buffalo car accident lawyer at Cellino & Barnes can help accident victims get these facts and file a claim, which can help you get compensation for your injuries. This compensation can help pay for expenses like:
Cost of Future Medical Care
Many times, the insurance company may make an offer to pay for some of these expenses, but be wary of such an offer! According to our accident attorneys, New York insurance companies often use this strategy to short-change injured car accident victims, and prevent them from receiving fair compensation.
What do I do if I’m in a car accident? Follow the steps above, then call an experienced accident attorney at Cellino & Barnes for a FREE case evaluation. Our Buffalo car accident lawyers will go over your case with you, and help answer any questions you may have about car accidents or the legal process that can help you get compensation for your injuries.
NEW YORK – Although it falls on a Wednesday this year, AAA projects nearly 47 million Americans will travel somewhere for the holiday. If this forecast comes true, it will set a new travel record. Unfortunately, it’s also one of the most dangerous holidays to be on the road. According to our accident attorneys, New York State Troopers will respond to hundreds of accidents over the holiday week.
Not all holiday-related accidents are related to motor vehicles, so our Brooklyn personal injury lawyers have laid out a number of common injury-causing accidents that are common around the Fourth of July, and what you can do if you’re a victim.
New York Car Accidents
Cellino & Barnes has helped thousands of New York car accident victims get compensation for their injuries. We know car accidents, and we’ve seen just about everything that can happen on the roadways. Some of the most common accidents stem from one of the following mistakes:
Following Too Closely
Unfamiliar With The Area
All of these occur more often during holiday weekends. If you’ve been injured in a car accident, our Brooklyn car accident lawyers urge you to first seek medical attention, never admit fault, and contact us as soon as possible. Even if you’re not sure if you have a case, our experienced legal team can help point you in the right direction for help.
New York Fireworks Injuries
What’s a Fourth of July holiday without fireworks? That would be a shame. Our Brooklyn accident attorneys want you to have fun over the holiday – but please, do it safely!
Every year, we see news stories about someone who has seriously been injured by fireworks. Many of these cases boil down to improper usage of fireworks, but sometimes bystanders can get seriously hurt. Whether you were at a fireworks show or at someone else’s home, the property owner has a responsibility to keep everyone safe from harm. Too often, things get wild – and dangerous!
If you’ve been injured in a fireworks accident, the first thing you need to do is get medical attention. Once you’ve seen a doctor, give our team a call. Our accident attorneys have years of experience helping New Yorkers get compensation which can help pay for medical bills, rehabilitation costs, and lost wages resulting from a fireworks accident.
New York Carnival Ride Accidents
According to our accident attorneys, New York hosts dozens of carnivals each summer, and accidents have happened at almost every single one of them. Many of these accidents are minor and go unreported, but there are a few that seriously injure carnival-goers.
If you or a loved one has been hurt on a roller coaster or a carnival ride, get immediate medical attention. Statistics have shown that recovery times can be drastically reduced if injuries are addressed as soon as possible. After you’ve visited the hospital, give Cellino & Barnes a call. We have Brooklyn roller coaster accident lawyers who have won substantial settlements and verdicts for many carnival ride victims.
New York Pool Injuries
One way to beat the heat this summer is a trip to the public pool.
We’ve all seen the pool rules posted, and it’s important to adhere to these rules for your own safety. It’s equally important to have a vigilant lifeguard on duty, because accidents do happen.
If you or a family member has been injured in a swimming or slip and fall accident at a local pool, give our experienced team a call. You might be surprised at what Cellino & Barnes could do for you and your family.
ROCHESTER, N.Y. – All slip-and-fall accidents are preventable, yet they still send over 8-million people to the emergency room each year. They’re the top cause of injury-related deaths for people 65 and older. What’s worse: they’re usually not your fault! Our Rochester slip-and-fall accident lawyers hear from these victims all the time, and one of the most common questions we hear is, What Should I Do after a Slip-and-Fall Accident?
By law, public buildings, homes, parking lots, and walkways must remain clear of obstruction and be maintained to ensure safety.
This is a concept known as “premises liability” in which the owner or the person responsible for maintaining the property has the responsibility to keep others safe. If you were seriously hurt after slipping, tripping, and falling on someone else’s property because of negligence, you have the right to seek compensation for your suffering.
What Should I Do after a Slip-and-Fall Accident?
As with any accident, if you have suffered an injury after a slip-and-fall the most important thing you can do is seek medical attention and treatment. Not only should your health be your top concern, establishing medical records about your injury is vital in bringing forth a substantial lawsuit.
Report the Accident
Any slip-and-fall accident should be reported, no matter how benign it may seem at first. Whether you fell in a retail store, a public building, or at a friend’s place, there is always a way to notify authorities. Make sure the manager, owner, or landlord of the premises knows about your accident and record the details in writing. Request a copy of the report before you leave.
Chances are, you’re not the only witness to your fall. If anyone around you witnessed the incident, write down their names, addresses, and phone numbers. These contacts may come in handy should the liable party dispute your claim. Even if a person in the premises did not see you fall, he or she could back up your account of the conditions that led to your fall, such as the lighting, the conditions of the floor, and more.
You should take photographs of the accident scene if you are physically able to. Focus on the conditions that led to the slip or trip that prompted your fall. If anyone has commented that the situation has happened before, make a mental note of that and ask for the person’s name before you leave. When you get home, you should also take photos of your physical injuries.
Refuse to Discuss the Accident
It’s important to avoid discussing your condition with the property owner or manager. Do not post any content about your accident on social media; the liable party’s insurance company may use that as evidence against your claim. Limit all communication about your accident until you speak with a qualified premises liability lawyer in Rochester.
Contact an Attorney
A qualified slip-and-fall attorney in Rochester with Cellino & Barnes will help you navigate the complex process of filing a personal injury lawsuit. Our goal is to help you receive the compensation you deserve by law for your medical bills, lost wages, and even your pain and suffering. Call us for a free consultation or reach out to us online.
ROCHESTER, N.Y. – After a car accident, your head is swimming with ideas of what you need to do next, especially if you or one of the passengers in your car were hurt. Many victims of car crashes ask themselves, When Should I Call a Lawyer After a Car Accident? Our Rochester car accident lawyers know that these situations occur without warning. Ultimately, you’ll likely want need to contact a lawyer if you’ve been injured, but when?
When Should I Call a Lawyer After a Car Accident?
Contacting an experienced car accident lawyer should be a high priority if any of the following apply to your situation:
The crash caused a significant injury (broken bones, paralysis, TBI)
The crash caused a fatality
The crash involved other drivers, pedestrians, or cyclists
The crash occurred in a construction or school zone
The police or accident report does not accurately describe the collision
You have concerns about your insurance status, liability limits, or lack of insurance
Your insurance company is not willing to cooperate with you
Even if none of these situations apply, it’s still worth calling a Rochester car accident lawyer at Cellino & Barnes. Their legal team will go over your case for FREE, and help you determine the right course of action.
New York is a no-fault state, meaning that if you were harmed during an auto accident, you must file a claim with your own insurance company first; however, that does not prevent you from seeking full compensation by filing a claim against the other driver’s insurance policy.
Steps to Take Before Getting a Lawyer Involved
Knowing what steps to take immediately after an accident can help you out, whether you decide to hire an attorney or not. Immediately after a crash, there is vital information you can gather, which can drastically improve the value of an injury claim:
Gather witness information. Ask anyone around you at the time of the accident for their names and phone numbers so that you may contact them at a later date. If you wait to hire an attorney, it may be impossible to track witnesses down.
Take photos of the damage. Make sure to get photos of damage to your car and your person (injuries sustained).
Seek medical attention. If you have suffered any injuries, it’s important to receive prompt medical care. A doctor should be able to identify your injuries. Keep all records of all doctor visits that take place after the crash.
Order the police report. If a police report exists, call the police station and ask them for help ordering it. There may be a small fee to pay to make a copy of it, but it’s a crucial component of an attorney’s investigation.
After you have been treated for your injuries, don’t hesitate to contact the resourceful Rochester car accident lawyers at Cellino & Barnes. We’re available to help you through the complex claims process every day of the week. Contact us to get started with a FREE case review.
NEW YORK – When you’ve been injured in an accident, you probably have a lot of questions. One of the most common questions our Long Island car accident lawyers hear is, What Is A Personal Accident Claim?
More commonly known as a personal injury claim or lawsuit, this legal filing can help accident victims get the compensation they need to recover from an injury. Let our Long Island car accident lawyer explain:
What Is A Personal Accident Claim?
An injured person typically files a personal injury lawsuit, or accident claim, against those responsible for their injuries. Typically, there are several people involved in this process:
The plaintiff: This is the person filing a claim against those responsible for an accident.
The defendant: Also known as the “at-fault party” or “tortfeasor,” this person (supposedly) caused the injuries.
Attorneys: Each party will have an attorney who is licensed to practice personal injury law to represent him or her. A personal injury attorney fights for the rights of the injured party to help them get the compensation he or she needs to pay for accident-related expenses.
Adjusters: These are the people who work for insurance companies whose job is to settle claims. Adjusters do everything possible to avoid paying accident victims what they likely deserve. Although it seems wrong, these actions protect the insurance companies.
First Party’s Insurance: The plaintiff’s insurer.
Third Party Insurance: The defendant’s insurer.
A Party to the Lawsuit: A plaintiff or defendant.
How does a Personal Injury Lawsuit Work?
Every personal accident claim revolves around two main issues: liability and damages. A plaintiff who can prove the liability and damages may receive financial compensation from the defendant. The plaintiff and his attorney must establish the following facts:
The defendant owed the plaintiff a duty of care
The defendant breached that duty of care
The plaintiff suffered an injury as a direct result of that breach
These facts must be proved by a preponderance of the evidence, which is a lower standard of proof than what is required in criminal cases.
We Offer FREE Personal Injury Accident Consultations
The experienced legal team at Cellino & Barnes can help you file a personal accident claim. Their Long Island car accident lawyers have helped thousands of injured clients maximize their compensation by fighting the big insurance companies head-on. If you’ve recently been hurt in an accident, you may be able to recover thousands of dollars which can help pay for a variety of accident-related expenses. Call our Long Island car accident lawyers at any time for a FREE case evaluation.
ROCHESTER, N.Y. – Every expectant mother hopes for a successful, healthy birth. Unfortunately, thousands of parents discover developmental delays within the first few months or years of their child’s life, leaving them with a many questions like, What Are The Causes of Developmental Delays? Our Rochester birth injury lawyers hear from these concerned parents every year.
The United States is not known for high-quality medical care for mothers and babies. In fact, of all the developed nations in the world, it has the highest rates of infant and maternal mortality.
Cases of medical negligence do impact these rates. Although we all hope for the best, there is always a risk that a child may be hurt at any stage of pregnancy and delivery. Just one mistake can affect a newborn for the rest of his or her life.
Developmental delays in infants and children occur when a child does not reach developmental milestones at the expected time. Babies struggling to walk, crawl, or talk may have a developmental delay. It is often possible to observe such delays when children have trouble acquiring and developing language skills, fine motor and gross motor skills, and social skills. Slowed cognitive development may also indicate a developmental delay.
What Are The Causes of Developmental Delays?
There are two main causes of developmental delays in children: genes and birth complications. Although we cannot avoid genetic birth injuries, medical professionals can prevent instances of pregnancy and birth complications by remaining vigilant and abiding by the standard of care.
Recent studies have found that preventable birth injuries are on the rise, and some researchers have noted that many doctors either lack the training or necessary skill sets which can help avoid childbirth complications.
Pregnancy and Birth Complications
There are many ways a child may be harmed during pregnancy and birth. The obstetrician or other medical professional responsible for managing the pregnancy has a legal obligation to follow the current medical standards of care to protect mothers and their children. Failing to follow these standards increases the risk of a person experiencing pregnancy complications and birth injuries.
Children may be more susceptible to birth injuries during labor and delivery. The following problems are common issues that arise which can lead to developmental delays, learning disabilities, hypoxic-ischemic encephalopathy, and more:
Delayed emergency c-section
Delivery room errors
Hyperstimulation from labor-inducing medications
Improper fetal monitoring
Umbilical cord prolapse or compression
Vaginal Birth After Cesarean (VBAC)
Rochester Birth Injury Lawyers on Your Side
Complications during pregnancy and childbirth are all too common in the United States. If you or someone you care about has had a child hurt by a doctor or other hospital staff member during pregnancy or delivery, you deserve justice for the harm you have suffered.
At Cellino & Barnes, our Rochester birth injury attorneys have helped families hold the responsible parties accountable for their negligence and receive compensation. We offer free case evaluations to all.
Cellino & Barnes (800) 888-8888
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.