Articles Posted in Car Accidents

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Associate Regina Koyfman, with the assistance of Partner Daniela F. Henriques, recently defeated a defendant’s motion seeking dismissal on the issue of serious injury threshold. Our client (“plaintiff”) was a passenger in a motor vehicle that was struck on the passenger side, which caused severe injuries in the plaintiff’s neck and back. In support of the defendant’s motion for summary judgment, they submitted the medical affirmation of Dr. James R. Dickson.

On June 10, 2019, Dr. Dickson conducted a defendant’s orthopedic examination of the plaintiff, which revealed the following ranges of motion across the plaintiff’s body:

  • In the cervical spine, both left and right rotation were fifty degrees, extension was 30 degrees, and flexion was 80 degrees.
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Most states, including New York, require their drivers and motorists to have liability insurance, but some drivers may not possess enough insurance to cover all injuries and property damage caused by their vehicle. If you find yourself involved in an accident with an underinsured driver, contact an attorney as soon as possible.

Take Pictures of the Crash Scene and Get Medical Attention An insurance policy and other documents sitting under a pair of glasses

Take photographic evidence of damage to vehicles, debris, and any visible injuries. These images will serve as evidence for your underinsured motorist claim and help determine who was at fault. After an accident, either party may have minor or severe injuries, so call for emergency medical help immediately and make sure to keep any receipts from medical costs incurred due to the accident injuries.

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Every driver hopes that they never get involved in a car accident. Unfortunately, reckless driving, bad weather, car engine failure, and other factors can lead to one. Truck accidents are more dangerous than car accidents as trucks are massive and will have a more significant impact. Truck accidents often lead to serious or fatal injuries, financial burdens due to medical bills, and emotional trauma for both the injured and their loved ones. Therefore, it is vital to consult with a lawyer to understand all viable legal options to file a truck accident claim. Here are some of the claims to include.

Economic Damages Incurred

A white 18-wheeler driving behind a red vehicle
Economic damages incurred during a truck accident are relatively easy to account for since they have an actual monetary value. Your attorney will assess all the information required to calculate the economic damages, including but not limited to damage to your vehicle or property, cost of physical therapy and other medical expenses, renovation cost to your property due to damage, and lost wages.

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Recently, Edward R. Averbuch, an attorney here at Leav & Steinberg LLP, was successful in helping a client file a lawsuit against his auto insurance provider after they attempted to dismiss his claim.

Ed was representing a war veteran who was rear-ended by a truck while stopped at a light. Although the truck driver admitted that he was at fault to the police, the defendant’s insurance company contested our client’s injuries and moved to dismiss the case by arguing that our client did not sustain a serious injury as required by law.
A police motorcycle parked behind a car accident, representing the personal injury services of Leav & Steinberg LLP in New York, NY

There were two challenges that we faced in this case. First, the injuries sustained by our client are not typically associated with auto accidents. Our client suffered an aggravation of a urethral sling that required cystoscopy and the transurethral removal of mesh inside of his body. Second, our client had complications related to the urethral sling that required surgical intervention on two occasions before the accident.

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The streets of New York City are practically always busy with car and bike traffic. There are several bicycle paths and bike lanes in the city to help ensure the safety of riders. To help ensure your safety and the safety of those around you while riding your bike, you should stay to the right side of the road and follow all traffic laws. Still, even when you’re being as safe as possible, an accident with a car can still happen. If a driver hit you while you were riding your bike, you may be entitled to compensation.

Driver’s Fault

Bike accident and a boyYou can sue a driver if they were negligent or may have crossed into the cyclists’ path. Negligence on the part of the driver may be established based on contributory factors to the accident. A driver owes a duty of care to other road users, including cyclists. Drivers are expected to drive with care and observe all the traffic rules while on the road. You should consult a lawyer who is conversant with bike accident cases to help you seek compensation for injuries sustained.

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Beginning in 2020, all of us here at Leav & Steinberg, LLP made a promise to our clients: With excellent lawyering and exceptional customer service, Leav & Steinberg will continue to be one of the premier firms in New York. While many firm in New York and across the country, find January to be particularly slow, our firm has continued where we left off in 2019; always prepared to go to trial and only when the  provides complete justice for our clients.

Here are just a few highlights of matters resolved this month:

$1,435,000 for a man who had to undergo spinal surgery after a car accident- the defendant challenged whether his injuries were related or serious

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Getting rear-ended is a startling event that will leave anyone feeling unsettled. While worrying about your own safety, there’s a lot to think about after the accident occurs. Understanding who to contact and what steps to take immediately following the accident will make the process go much more smoothly.

Seek Medical Attention If Injured

A woman talking on the phone while standing near a car accident

The first thing you should do if you’re rear-ended is to check for injuries. Seek medical attention right away for anyone in the car who’s in pain. Even if the injuries are minor or you aren’t sure if you’re hurt, it’s still a wise idea to get a second opinion from a medical professional. Some injuries, such as those involving the neck or back, aren’t present until many days after the accident. Additionally, you will want a physician’s notes on file for showing proof of injuries.

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After going through a potentially traumatic car accident, the last thing anyone wants to do is negotiate with an insurance company. Unfortunately, it’s important for all parties that the paperwork is handled as soon as possible. During the ensuing back and forth, there are some important negotiation tactics to keep in mind.

Preparation

Stacks of insurance policy papers underneath a pair of glasses

First, report your car accident right away. Many insurance companies have policies requiring prompt reporting. After that, start with what is referred to as a demand letter. This letter encapsulates your desired outcomes for the insurance company including the settlement amount sought. When drafting, make sure to have both a high-end number and a minimum amount that would be acceptable in mind. Of course, do not reveal this range to the adjuster. After deciding on an appropriate settlement amount, you can start the negotiation.

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Car accidents occur frequently in New York, but especially for those who have never been involved in one, the process can be scary and confusing. Taking a few important steps can ensure that the situation is handled as quickly and effectively as possible.

Stop Immediately

A silver car crashed in the front
No matter who caused the car accident, it’s important that both parties stop immediately. Leaving the scene of an accident is illegal and can lead to license revocation, fines, and/or a jail sentence. Once you’ve stopped, check with each passenger in your vehicle for injuries before making contact with the other driver to determine their condition and exchange information, including name and address, insurance information, vehicle registration, license plate number, and driver’s license number.

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According to the National Highway Traffic Safety Administration, the leading cause of a vehicle accident is a driver turning left at an intersection. These types of accidents are associated with increased risk of injury or death due to the crossing of oncoming traffic, which is typically traveling at a greater speed than the turning driver. However, determining who is at fault in a left turn collision can be difficult, and drivers need to know what to do if it occurs.

Who Has the Right of Way When Making a Left Turn?

A person turning the steering wheel of a vehicle upside down

New York Vehicle and Traffic Law §1141 states: “The driver of a vehicle intending to turn to the left within an intersection…shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard.” Additionally, § 1163 of the Traffic Laws of the City of New York emphasizes that no turns should be made at an intersection unless they “can be made with reasonable safety.”