CAR ACCIDENTS

If you are in a motor vehicle accident, it is critical that you first seek proper medical attention before attending to anything else. Millions of car accidents happen in the United States every year. Many of these collisions injure, and even kill, the drivers and passengers of vehicles involved. In an auto accident, there are many ways in which a person can be injured. Some injuries are due to impact when the body strikes parts of the vehicle. But other serious injuries are caused by the motion of a body inside a vehicle. Recovering from a car accident can be more overwhelming than you ever expected. Some car accident victims start out thinking they can handle their own personal injury claim and quickly learn that it can be a complex matter. Common causes of motor vehicle accidents include:

  • Distracted Driving: Any activity that distracts a person’s attention away from the primary task of driving. These types of distractions include the use of a hand-held navigation device, cell phone use and texting.

  • Speeding: Driving above the legal limit is a leading cause of car accidents. Further, high impact accidents often result in significant injuries.

  • Following too Closely: Tailgating, especially at high speeds reduces reaction times and often leads to rear-end accidents which are the most common type of motor vehicle accident.

  • Aggressive Driving: Operating a vehicle in a hostile or aggressive manner may include following to closely, failing to signal and repetitive lane changes.

HIT & RUN ACCIDENTS

A hit and run accident can be one of the scariest things a person can ever experience. In a hit and run, the implicated driver collides with another car or objects and leaves the scene of the accident without identifying himself. No matter your level of injuries, we take your hit-and-run case seriously. Because we want the best possible result for you, we ask a series of important questions and follow through in a timely way. Many hit-and-run victims are in shock, so they’re unable to provide many details after an accident. This does not mean you have no case; it merely means your legal team will have to pursue different avenues to get you the compensation you need for medical costs and lost work income. There are many reasons why hit and run drivers flee the scene of an accident. Often, the other driver may panic or flee because he or she does not have automobile insurance, has a suspended license or traffic violations, or was under the influence of alcohol or drugs. Whatever the reason, leaving a car accident scene is a crime, and a hit and run driver who is found can face criminal charges, civil legal action, and other consequences.

BICYCLE ACCIDENTS

Bicyclists have all the same rights on New York roads as cars; even in the midst of heavy traffic, bikes must obey and are also protected by the rules of the road in New York. Causes of bicycle accidents could include road conditions and incompetent car or truck drivers. If you have been injured in a bicycle accident, you are entitled to many types of benefits from the insurance company covering the car that hit you. It is important that both bike riders and motorists understand bike riding etiquette and laws in order to understand bike safety better and in turn keeping everyone on the roadways safer.

MOTORCYCLE ACCIDENTS

Motorcycle accidents are among the most serious types of motor vehicle accidents and often result in life-altering injuries. Not only are motorcyclists much more likely to die in traffic crashes than people in passenger cars, but when they do get hurt, their injuries tend to be more serious. Motorcycle riders are not afforded the same physical protections as drivers of cars, trucks, and other motor vehicles that have seat belts and airbags to minimize the damage in an accident. This relative lack of protection can expose motorcyclists to potentially serious injuries in the event of a crash. Motorcycle accidents can result in some of the most serious and catastrophic injuries such as spinal injuries, brain injuries, loss of a limb, and sometimes partial or complete paralysis. Motorcycle accidents often prove fatal to the motorcyclist.

TRUCK ACCIDENTS

Crashes involving commercial trucks – tractor-trailers, 18-wheelers, box trucks, etc. – can be terribly destructive. The size and weight of a large truck help it to crush anything it hits, particularly at high speed and injuries from truck accidents are usually serious, long-lasting, and costly. While many truck drivers are safe, some drivers and trucking companies disregard the rules of the road and the safety of other drivers in the interests of profits. Here are many factors that play into the cause of a truck accident. Some common causes of truck accidents include:

  • Exhausted drivers who have been driving longer than permitted by the law

  • Transporting unsafe or improperly loaded cargo

  • Inadequate or total failure to maintain the truck.

  • Installing or failing to replace defective parts

  • Distracted driving due to texting, checking email, or changing radio stations

  • Driving under the influence of alcohol or other controlled substances (including sleeping pills, such as No Doze)

PEDESTRIAN KNOCKDOWN

When a person is struck by a car, truck, or bus, this is called a pedestrian knockdown accident; and the results can be devastating or even fatal. Unfortunately, drivers of taxicabs, cars, trucks and city buses don't always observe crosswalks and fail to yield the right of way to pedestrians. When pedestrians and motor vehicles collide, lives can be ruined. Being hit by a car may be caused by the driver’s carelessness, such as the following. These injuries may not just affect the victim physically but may cause the victim to lose time from work and incur expenses of medical treatment. At our firm, we handle a range of claims for victims of pedestrian knockdown accidents from “soft tissue” injuries to wrongful death including:

  • Driver failing to yield to a pedestrian;

  • Driver being under the influence of alcohol or drugs;

  • Speeding;

  • Reckless driving;

  • Failing to watch for pedestrians when turning or reversing.

CONSTRUCTION ACCIDENTS

Working on a construction site comes with many inherent risks and dangers, but that doesn’t mean you don’t deserve compensation if you were injured due to a negligent coworker or employer. There are regulations in place, meant to keep workers like you safe, but they’re often ignored or ineffective—as demonstrated by your injury. You don’t have to face such injustice. New York Labor Law provides for significant protection of construction workers on commercial job sites. If you’ve been injured on a construction site while working, you are protected by these laws and have a legal claim against the owner and general contractor on the job site. Toresco & Simonelli is a Long Island Personal Injury Law Firm dedicated to representing individuals that have suffered serious injuries as a result of a construction accident.

SCAFFOLDS ACCIDENT

Scaffolds are used in virtually every major construction project. They are temporary structures that are built onsite to give workers elevation and access to all parts of the building. An estimated 65 percent of construction workers perform their duties on or from a scaffold, much of the time at extreme heights. Construction workers put their lives at risk every time they use a scaffold. Working on scaffolds and other platforms can be extremely dangerous. Injuries are often life-threatening and career ending. Construction workers in NYC have special legal protections when they are injured on a scaffold. Construction workers must be provided with equipment that avoids accidents when working under dangerous conditions. A scaffold — steel, rolling or wooden — is designed to stand up to varied construction work. Unfortunately, there are numerous factors that can lead to a collapse, including:

  • Improper or negligent assembly

  • Faulty materials

  • Failure to perform a daily inspection

  • Exceeding the weight limit

  • Failure to secure a ladder

  • Failure to use proper safety equipment

FALLING DEBRIS

Building owners and contractors are responsible for safety around scaffolds. They should prevent site debris accidents through the use of safety nets and through enforcement of hardhat-wearing rules. Falling debris is a common cause of injuries on construction sites. Construction debris, tools, supplies, loose tiles, and other objects dropped from a height can cause severe injuries as well as wrongful death. There are several ways that falling debris on a construction site can result in serious injuries:

  • Failure to secure equipment. Tall scaffolding is on many construction sites, and tools and materials are routinely stored at great heights. All equipment must be secured safely to prevent it from falling and injuring people on the ground. We also represent clients who suffered serious injuries in scaffolding collapses and other accidents involving scaffolding.

  • Failure to inspect equipment. The tools and methods used to secure objects must be inspected regularly to ensure that the construction site is safe.

  • Barricade is too close. No one should be close to a construction site without a hard hat. If the barricade between the site and the sidewalk or street is too close, pedestrians may be at risk.

SLIP/TRIP AND FALLS- SPILLS, LEAKS, SLIPPERY FLOORS, DEFECTS, POTHOLES, ETC:

If you have been injured in a slip, trip and fall accident, you are not alone. While many slip-and-fall accident victims walk away with nothing worse than minor bruises, this type of accident can cause life-changing injuries. Broken bones are common, particularly among the elderly who are prone to suffer serious hip fractures. Slip-and-fall accidents can occur virtually anywhere: while shopping in a grocery store, eating in a restaurant. As a victim of a slip-and-fall accident caused by property negligence, you have the right to claim compensation for your medical costs, lost income, and pain and suffering.

  • Parking lots and sidewalks. It’s difficult to keep a parking lot or sidewalk from freezing over, especially during a cold winter. Icy sidewalks can result in a dangerous situation, and property owners have a duty to maintain their lots and premises in a safe manner. Uneven pavements can also be dangerous. A skilled attorney can assist if you’ve been injured on a sidewalk.

  • Steps. Loose, uneven or worn-out steps are another common hazard. Property owners need to maintain stairways that are completely safe for customers and guests, including installing handrails.

  • Stores. Slippery floors and blocked walkways are also highly dangerous for customers and workers. Business owners must ensure they block off surfaces that have recently been cleaned to prevent people from accidentally slipping and falling. Business owners must also make sure there is adequate lighting outside the premises, especially in the parking lot.

  • Restaurants. In a food service setting, it’s likely that food or liquids may fall onto the floor, creating a slippery surface. Restaurant staff should clean up spills and dropped food as quickly as possible to keep the hazards to a minimum.

  • Public transit. Falls are also quite common on mass transit. You may need to seek compensation from the agency in charge of public transportation if you’ve been injured on a bus or train.

FALLS ON SNOW AND ICE

When a person slips on ice or snow, some people think the weather is to blame. New York law may hold otherwise. Following a snowfall or freezing rain, property owners must begin clearing the ice and snow within four hours and must complete the job in a reasonable time. Negligence is the key to premises liability claims involving snow or ice. A property owner may be negligent in snow/ice-related accidents if a premises condition causes an unnatural accumulation of precipitation. For example, if an inefficient roofing system creates an ice dam that leads to a ceiling collapse, the owner may be responsible.

CEILING COLLAPSE ACCIDENT

Countless people are needlessly harmed every year by ceilings that fall on them. A ceiling collapse accident can have lasting physical and psychological effects. Trauma to joints and ligaments can result in arthritis and degenerative joint disease. No one ever expects a ceiling to collapse on them. Other than a few rare situations, a ceiling collapse will almost always occur due to someone’s negligence. Negligence on the parts of landlords, store owners, businesses, and their contractors, unnecessarily exposes people to needless harm – it creates an unsafe environment that puts the lives of all tenants and their guests or workers at risk. Recovering from these life-altering injuries can be both painful, costly and can take a huge toll on a victim and his or her family. Ceiling collapses can cause the following injuries:

  • Death

  • Paralysis

  • Traumatic Brain Injury (TBI)

  • Spinal cord injury

  • Fractured bones , Injuries to muscles, nerves, joints, tendons and ligament

ELEVATOR ACCIDENTS

Every day, millions of people use elevators to get to their office, home or to navigate many buildings with multiple floors. Most people take for granted that the elevator will function properly as part of their daily expectations and routine. Old, poorly maintained elevators are often, but not always, the cause of these accidents. Sometimes a manufacturer’s poor design may be responsible for an elevator accident. Most elevator accidents involve:

  • Electronic failure or motor room malfunctions, resulting in a sudden drop or stop

  • Mis leveling between the elevator floor and the floor it stops at

  • Hitting the buffer or shock absorber area

  • Getting stuck between floors

  • Wet floors inside the elevator, causing slip-and-fall accidents

  • Doors that close suddenly or jam

  • Falling into the elevator shaft

WRONGFUL DEATH ACCIDENT

According to the law, a wrongful death accident is defined as an unintended fatality caused by someone else’s negligence or recklessness. Dealing with the issues surrounding a wrongful death can be understandably painful. Surviving family members often struggle to pay for their loved one’s final expenses and must suddenly compensate for a loss in income. A wrongful death case is not a criminal case and does not involve sending the offending party to jail. Instead, a wrongful death accident involves filing a claim against the responsible person or entity and pursuing financial damages to compensate the victim’s family.

DOG BITES ACCIDENTS

It is frightening to have a dog attack you and bite you. Not only is a dog bite painful, a dog bite leaves you concerned about contracting an infection such as rabies. In New York, dog owners face what is known as strict liability. This means that if their dogs bite people or other pets, they must pay all medical or veterinary bills that stem from the incidents, regardless of their dogs’ histories or what the owners knew about their dogs. The emotional scarring left behind after an animal attack can be severe, especially in children. While some adults may find themselves able to move on from the event, other victims, adults and children alike, may be forever terrified of dogs and have repeated flashbacks to their attack. This type of mental and emotional distress is difficult to overcome and can be debilitating to some people.

DRIVERS AND PASSENGERS INVOLVED IN UBER, LYFT OR OTHER RIDERSHARING ACCIDENTS

All Uber drivers must carry their own personal insurance on their vehicle. However, if you are on a trip, Uber and Lyft’s policy can be utilized and it provides $1 million of liability insurance. This is much higher than the typical personal policy so there is the potential for a very large settlement if you’re injured while in a rideshare vehicle.

  • UberX

  • Uber XL

  • UberSelect

  • Uber Express Pool. ...

  • Uber Pool

  • UberSUV

  • UberBLACK

  • UberWAV

  • UberEats

  • Lyft Line

  • Lyft Plus

  • Lyft Lux

  • Lyft Lux SUV

  • Lyft car seat

The coverage is as follows:

For the driver, if they do not have a passenger: At least $50,000 per person and $100,000 per occurrence when the Uber or Lyft driver is logged into the app's digital network and is available to receive transportation requests

For driver and passenger if on a trip: At least $1,000,000 for customer trips, which starts from moment the driver accepts the trip and ends when the customer is dropped off.