Toresco & Simonelli, Attorneys at LawToresco & Simonelli, Attorneys at Law2026-07-09T20:42:46Zhttps://www.tnsattorneys.com/feed/atom/WordPress/wp-content/uploads/sites/1103744/2022/06/cropped-tns-site-icon-32x32.pngOn Behalf of Toresco & Simonelli Attorneys At Law<![CDATA[Long Island hit-and-run claims: legal hurdles after the driver flees]]>https://www.tnsattorneys.com/?p=2591942026-07-09T20:42:46Z2026-06-22T12:45:41ZWhen the driver who hits you flees the scene, the standard injury claim playbook no longer applies. On Long Island, recovering compensation after a hit-and-run requires a completely different legal strategy… and the clock starts immediately.
A collision brings immediate physical and psychological shock. But when the at-fault driver flees, a standard injury claim transforms into a high-stakes race against strict legal deadlines. Here is what you need to know.
The strict 24-hour reporting rule
The most dangerous mistake a hit-and-run victim can make is delaying an official police report. Acording to state law, a hit-and-run incident must be reported to law enforcement within 24 hours of the occurrence.This deadline directly affects your access to the Motor Vehicle Accident Indemnification Corporation (MVAIC), New York's safety net for victims who do not own a vehicle or carry household auto insurance. MVAIC will deny a hit-and-run claim if a verified police report was not filed within the 24-hour window, unless physical incapacity prevented the victim from filing on time. If you are physically able to report the incident, do so immediately.
Unlocking financial recovery through SUM coverage
Because New York is a no-fault state, your Personal Injury Protection (PIP) coverage handles initial medical bills up to $50,000. For serious injuries, those benefits will not be enough. To pursue compensation for pain and suffering when the at-fault driver cannot be identified, you need Supplemental Uninsured/Underinsured Motorist (SUM) coverage.New York law requires basic Uninsured Motorist (UM) coverage on all policies, but the statutory minimums are only $25,000 per person and $50,000 per accident. Purchasing enhanced SUM coverage raises those limits to your chosen policy caps, a critical distinction in high-value injury claims.
The physical contact requirement
One of the most misunderstood rules in New York hit-and-run law is the physical contact requirement. Under state law, insurers can deny a UM claim involving an unidentified "phantom vehicle" if there was no actual physical contact between the vehicles involved.This rule applies strictly to cases involving unidentified drivers; it does not apply when a license plate or other identifying information is successfully captured at the scene. Documenting physical contact and gathering any available evidence before leaving the scene can be the difference between a valid claim and a denial.Acting quickly to preserve traffic camera footage, witness statements, and police reports is essential, as this type of evidence can disappear within days.
]]>On Behalf of Toresco & Simonelli Attorneys At Law<![CDATA[Key things to do after a Long Island summer swimming pool injury]]>https://www.tnsattorneys.com/?p=2591902026-07-09T20:41:46Z2026-06-17T14:16:58ZSafety standards
Property operators must maintain a secure space for guests at both public and private locations. Their duties to eliminate safety threats include:
Installing self-closing and self-latching gates around the perimeter
Providing functioning lifesaving equipment, including rescue poles and rings
Posting conspicuous depth markers along the edge of the deck
Poor oversight can lead to drowning or slip-and-fall injuries. When an operator fails to follow safety rules, the law holds them accountable, allowing victims to pursue financial recovery for their losses.
Essential on-scene evidence
An injured person or their family must gather proof right after a pool incident. Concrete proof can prevent negligent operators from denying the presence of a hazard. Among the key elements to collect at the scene are:
Photos of broken gates, slippery walkways or missing warning signs
Contact information from lifeguards, employees and nearby witnesses
Copies of internal incident reports filed with the venue
Preserving these details immediately is critical because operators might repair defects quickly to cover up their mistakes. Surveillance footage may also disappear and witness memories could fade within weeks.
Notice and investigation
Meanwhile, a crucial factor to proving liability is showing that the operator knew about the danger. There must be proof of actual or constructive notice before holding an owner liable.
Insurance companies may also fight premises liability claims by blaming the visitor. An investigation can uncover maintenance logs and prior complaints to counter such defenses.
Strict deadlines
Further, there is a three-year window from the accident date for filing lawsuits involving private properties. Conversely, public facilities require a 90-day notice of claim filing, a 30-day waiting period for settlement evaluation and a deadline of one year and 90 days to initiate a lawsuit.
Fighting for one's rights
Following a swimming pool accident, dealing with complex laws can be daunting. With legal advice, victims and their families may seek justice with greater knowledge and confidence. Additionally, having legal counsel may help them aggressively fight for their rights against insurance companies and operators.]]>On Behalf of Toresco & Simonelli Attorneys At Law<![CDATA[What to do after a rideshare accident as a passenger in New York]]>https://www.tnsattorneys.com/?p=2591862026-07-09T20:40:42Z2026-06-11T09:58:49Z rideshare trip in New York can feel normal until a crash suddenly interrupts your ride. At that point, you may deal with injuries, stress and confusion about what coverage applies. Because Uber and Lyft operate under special rules in New York State and New York City, the process may feel different from a regular car accident.
Understanding your insurance coverage options
Insurance coverage often depends on what the driver was doing during the crash. Outside New York City, rideshare companies like Uber and Lyft generally carry at least $1.25 million in liability coverage when you are an active passenger on a trip.Inside New York City, Taxi and Limousine Commission rules apply. This means coverage may come from commercial insurance policies instead of standard rideshare policies.Even so, more than one insurance company may get involved. This can include the rideshare company, the driver’s personal insurance and sometimes another driver’s insurer. Because of this, it may take time to sort out faults and coverage.
Managing medical bills through no fault insurance
New York uses a no fault insurance system to help pay medical bills and early lost wages after a crash. Personal Injury Protection, often called PIP, may cover up to $50,000 in medical costs and part of lost income, no matter who caused the accident. In many rideshare cases, this coverage comes from the vehicle you were riding in.New York law may also limit when you can seek extra money through a lawsuit. In many cases, pain and suffering damages may depend on whether your injuries meet the serious injury rule. This can include broken bones, major scarring or injuries that keep you from normal daily activities for at least 90 days within the first 180 days after the crash.
Gathering important evidence at the scene
What you do right after the crash can help support your claim later. If you can, a few simple steps may make a difference:
Take screenshots of your rideshare trip details in the app, including driver information and route
Take photos of vehicle damage, road conditions and any visible injuries
Ask police to come to the scene so they can prepare an official accident report
After you leave the scene, keep all records in one place, including medical paperwork, receipts and insurance messages.
Protecting your legal rights and future wellbeing
After a rideshare accident, you may need to focus on both recovery and insurance issues at the same time. New York no-fault rules and rideshare insurance requirements often shape how you pay bills and how you move claims forward.Keeping clear records of your treatment, expenses and communication may help you stay organized as your personal injury and car crash case develops.]]>On Behalf of Toresco & Simonelli Attorneys At Law<![CDATA[Can pedestrians struck while crossing outside crosswalks seek compensation?]]>https://www.tnsattorneys.com/?p=2591452026-07-09T20:39:33Z2026-04-24T16:10:46ZNew York has a pure comparative negligence rule
There are many scenarios where each party involved in a traffic crash has a partial degree of fault. Defendants can assert that injured parties were to blame, and the courts then evaluate the evidence that they present.
Crossing a road outside of the marked crosswalk is no longer a traffic offense enforced by New York police departments, but it can factor into the allocation of fault after a crash. If a pedestrian did not stay within a marked crosswalk while crossing the road, that decision may have affected the chances of a driver noticing them on the road.
The courts may determine that they have a degree of fault for the collision that occurred. Even if the courts determine that the pedestrian was 90% at fault for the incident, they can still hold the driver accountable for their 10% of responsibility for the crash. Under New York’s pure comparative negligence rule, even those who are 99% at fault can seek compensation from the party with 1% of fault for the incident.
The allocation of fault does not bar recovery but instead reduces the damages actually received. Pedestrian collisions involving claims of comparative negligence are more complex than straightforward car crash claims. Injured pedestrians may need assistance preparing for court and presenting the case in a compelling manner.
Working with a New York attorney familiar with pedestrian collision claims can help people hold unsafe drivers accountable, even if they were not in a crosswalk at the time of a crash.]]>On Behalf of Toresco & Simonelli Attorneys At Law<![CDATA[Addressing e-bike liability amidst a micromobility wreck surge]]>https://www.tnsattorneys.com/?p=2591332026-07-09T20:36:34Z2026-04-16T11:25:58Znoticeable increase in collisions on Long Island. Understanding New York’s e-bike regulations and liability in the event of a crash can help people protect themselves and hold the right people accountable for injuries and other losses.
What are the e-bike rules in Long Island?
E-bike riders must follow traffic laws. Riders should use bike lanes whenever possible. If there is no designated bike lane, they should stay as far right as possible on the road. Current laws prohibit riding e-bikes on sidewalks. Additionally, the law does not allow those under the age of 16 to operate e-bikes on public roads. Riders who are 16 and 17 are subject to helmet requirements.
What types of crashes are common?
Two types of e-bike collisions have become relatively commonplace in Long Island. Frequently, e-bike riders may end up struck by larger vehicles, as drivers may not watch for them in traffic.
Liability for a collision between an e-bike rider and a larger vehicle may depend on the circumstances of the crash. While the driver of the larger vehicle is often at fault, violations of traffic statutes and unsafe habits, such as swerving around vehicles on busy roads, could raise questions about the e-bike rider’s contribution to the incident.
When e-bike riders choose to ride on sidewalks, they may potentially knock down and injure pedestrians. In those scenarios, the e-bike rider is typically liable for injuring a pedestrian.
Reviewing the circumstances of a car-e-bike collision or a pedestrian knock-down incident with a skilled legal team can help those hurt due to the use of micromobility devices on Long Island roads cover their expenses. An attorney may be able to help an injured pedestrian or e-bike rider assess insurance coverage and explore other possible options for compensation after a crash.]]>On Behalf of Toresco & Simonelli Attorneys At Law<![CDATA[The threat of construction ‘caught-in’ and ‘caught-between’ incidents]]>https://www.tnsattorneys.com/?p=2591292026-04-13T14:30:34Z2026-04-13T12:15:04ZWhat causes 'caught-in' and 'caught-between' incidents?
Many times, 'caught-in' incidents involve the operation of heavy machinery or working near heavy equipment. One worker ends up struck by a piece of machinery and pinned against a wall or other obstacle.
In some cases, another company assisting with the same project may have failed to properly train its workers. In other cases, defects in machinery design, such as backup alerts that stopped working, could result in unnecessary risk for construction professionals. Even the lack of proper lockout or tagout procedures could lead to a worker getting hurt while repairing or maintaining heavy equipment if another worker starts the piece of machinery during their service attempts.
'Caught-between' incidents often involved caves during trenching and excavation activities. They are potentially life-threatening incidents that can occur due to improper site supervision or deviations from federal workplace safety standards.
Seeking Compensation After a Catastrophic Injury
Employers might contribute to the risk by skirting the strict safety regulations that apply at construction sites, such as the obligation to use trench boxes to reinforce earthen walls during excavation. In many cases, those struck by moving machinery or injured by 'caught-between' incidents have catastrophic losses. They may sustain brain injuries, spinal cord injuries, internal bleeding or severe crush injuries.
They may also need to consider alternatives beyond workers' compensation for covering their losses. In many cases, third-party litigation could be possible. Manufacturers and rental companies may be responsible for equipment in poor condition or with faulty components. Other times, outside construction firms or even property owners may have a degree of liability.
Reviewing the circumstances of a recent construction accident with a skilled legal team can help injured professionals or families who lost a loved one understand their options. They may have a right to seek compensation for medical expenses, lost pay and even lost future earning potential.]]>On Behalf of Toresco & Simonelli Attorneys At Law<![CDATA[Who is liable for a ceiling collapse in a Suffolk County rental?]]>https://www.tnsattorneys.com/?p=2591272026-04-10T16:12:22Z2026-04-10T16:12:22ZLandlords are often liable for failing to maintain the premises
Suffolk County landlords generally need to address any serious issues with the condition of their rental units promptly. Tenants injured, displaced or financially harmed by a ceiling collapse may be able to hold their landlords legally and financially accountable.
In some cases, proof of prior attempts to address property issues can strengthen a tenant’s claim. They may need to photograph or otherwise document leaks from above, cracks developing in their ceiling or sagging of the ceiling. They may also need to keep records of any communication they had with the landlord regarding those concerns.
When landlords are aware of property issues that can cause major incidents, such as leaks that lead to ceiling collapses, they have an obligation to act. Failing to do so can make them liable for the losses sustained by their tenants.
Tenants dealing with rental home ceiling collapses and similar incidents may need to discuss their situation with an attorney familiar with landlord-tenant law. A lawyer's advocacy can make it easier for tenants to understand and assert their rights.]]>On Behalf of Toresco & Simonelli Attorneys At Law<![CDATA[Can you file a claim for an underride truck accident?]]>https://www.tnsattorneys.com/?p=2591252026-03-31T16:07:09Z2026-03-31T16:07:09ZWhat an underride accident means
An underride crash occurs when a smaller vehicle hits the rear of a trailer and slides underneath it. The trailer’s chassis is often higher than the car’s hood, allowing passenger vehicles to fit. However, this bypasses the car’s crumple zones and airbags, resulting in a passenger compartment intrusion. This means the impact deforms the car’s exterior parts inward into the passenger space.
How the government prevents this kind of collision
Under federal law, trucking companies must equip commercial trucks and trailers with rear impact guards. These act as a barrier to stop any vehicle from sliding under the trailer.
Moreover, the law has regulations on a guard’s placement on the truck. While the rules generally require a 22-inch ground clearance for modern trailers, specific older or specialized vehicles may technically follow a 30-inch standard. However, failing to upgrade to the safe 22-inch standard can be cited as negligence in court.
When ignoring safety measures turns into negligence
Installing rear impact guards is one thing, but maintaining them in good condition is another. If a company fails to inspect, repair or replace damaged guards, they are in direct violation of the Federal Motor Carrier Safety Regulations.
Since New York is a no-fault state when it comes to injury claims, you must file a No-Fault Application within 30 days of the accident. Your own insurance typically covers initial medical bills and lost wages up to $50,000. You may pursue a lawsuit for losses that exceed this limit, but to recover for pain and suffering, your injuries must meet the state's specific serious injury threshold.
Taking action to protect your rights after a crash
Underride accidents can lead to severe or catastrophic injuries that can change your life permanently. This causes unfathomable emotional and physical pain. Moreover, facing a trucking company and its insurance team can be discouraging when filing a lawsuit.
You deserve a fighting chance to reclaim the damages. It is a must to file a lawsuit within three years in New York, but specific cases against government entities require a formal notice within 90 days. However, understand that the process involves navigating the complexities of federal safety standards and state liability laws. It is wise to consult with an auto accident attorney to gain the guidance you need in moving forward.]]>On Behalf of Toresco & Simonelli Attorneys At Law<![CDATA[Beyond the wet floor sign: hazards in Long Island supermarkets]]>https://www.tnsattorneys.com/?p=2591222026-03-28T05:46:09Z2026-03-28T05:46:09ZCommon occurrences in supermarket aisles
Beyond simple spills, grocery stores in Nassau and Suffolk Counties often contain "hidden" dangers that the average shopper is not trained to identify:
Leaking refrigeration units: Aging gaskets or clogged drains in dairy and frozen food aisles create nearly invisible puddles on polished linoleum floors.
Fallen produce: A stray grape or a crushed strawberry in the produce section can be as slippery as ice if it is not swept up promptly by staff.
Floral department spills: Water dripping from flower buckets or melting ice in floral displays creates high-risk zones that often lack adequate warning signs.
Restocking obstructions: Wooden pallets and stocking carts left in the middle of a crowded aisle during peak hours are frequent trip hazards for distracted shoppers.
These hazards are often the result of inadequate staffing or a failure to follow internal safety protocols. When a supermarket ignores these "zone" risks, they are placing every resident of Long Island at an unnecessary risk of a life-altering injury.
The "notice" requirement: how to prove your case
In a New York slip and fall case, proving that you fell is not sufficient to secure compensation. Under the law, a plaintiff must prove that the store had "notice" of the dangerous condition:
Actual notice: Evidence proves that a store employee specifically saw the hazard or was informed about it prior to your accident.
Constructive notice: Surveillance footage or "sweep logs" demonstrate that the hazard existed for a sufficient length of time that a reasonable store should have discovered it.
Created the hazard: If a store employee mopped without a sign or overstocked a shelf causing an item to fall, the store is legally responsible for the danger.
Proving constructive notice is often the most challenging aspect of a grocery store claim. It requires a meticulous review of store records to show that the hazard was present long enough for a "reasonable" inspection to have prevented the fall.
Why immediate evidence collection is vital
Supermarkets move quickly to remediate a scene following an accident, often to remove the evidence of their negligence. To protect your legal rights, it is essential to take the following steps before the store can "clean up" the liability:
Photographic evidence: Take clear photos of the specific substance or object that caused your fall before it is mopped or moved.
Witness identification: Secure the contact information of other shoppers or employees who saw the hazard or witnessed the fall.
Incident reporting: File a formal report with management but do not sign any document that admits fault or waives your future legal rights.
If you have been injured at a supermarket, acting swiftly is crucial. An experienced lawyer can review your case and suggest next steps to follow.]]>On Behalf of Toresco & Simonelli Attorneys At Law<![CDATA[How the scaffolding law protects Long Island construction workers]]>https://www.tnsattorneys.com/?p=2591202026-03-24T07:43:26Z2026-03-24T07:43:26ZFalls rank among the most serious hazards on construction sites. On Long Island and across New York State, Labor Law Section 240 provides protection that goes beyond basic safety rules. This law can help you seek fair compensation if a fall happens because proper fall protection was not in place. It also changes how fault and responsibility work when injuries occur at heights, giving workers a stronger position than under ordinary negligence rules.
What Labor Law §240 covers
The scaffolding law applies whenever construction, demolition, alteration, cleaning, painting or similar work puts you at risk of falling or being hit by falling objects. To reduce these risks, owners, contractors and supervisors must provide safe scaffolds, ladders, hoists, guardrails and other devices that prevent falls or catch you if you slip.The law also sets clear rules for scaffolds. For instance, any scaffold more than 20 feet above the ground or floor must have safety rails at least 34 inches high. Rails need to cover all open edges, with only small openings for moving materials. Workers or supervisors need to secure scaffolds so they do not sway. These structures also must be strong enough to hold four times the expected weight. The treatment for interior scaffolds that cover an entire floor is different, but most elevated work must follow these rules.These protections show how seriously New York takes fall hazards. The law also gives you a stronger chance of recovering damages after a serious fall. Working with a lawyer can help you see if safety rules were followed and whether a claim may be possible.
Spotting hidden dangers
Understanding the law becomes clearer when you look at the types of hazards it addresses. These are some examples of risks the scaffolding law may cover:
Unsecured edges where lack of guardrails can cause workers to fall from floors or roofs
Faulty or missing safety devices such as unstable ladders or absent harness anchors
Falling tools or materials that strike workers below because safeguards were not used
Improper scaffold setup that leads to collapse or sudden shifts while workers stand on it
These examples show how varied elevation risks can be and why proper safety equipment is critical on every job site.
Standing tall after a fall
Knowing how the scaffolding law works helps you recognize when your rights may have been violated. Understanding what protections the law expects can inform your conversations with employers and clarify whether pursuing a claim may be appropriate. By seeing the full picture of fall hazards, liability and legal protections, you can approach workplace safety and injury recovery with greater confidence.]]>