Brooklyn car accidents kills 1, injures others

Legal protections are available for victims of negligent drivers and their families. A fatal car accident in Brooklyn recently claimed the life of one man and injured two others. The accident occurred when a SUV travelling the wrong direction collided with another vehicle. A 27-year old passenger in the vehicle that was hit by the wrong-way driver was killed in the accident. Another passenger, a 29-year old woman, was injured, and the driver of the vehicle that was struck, a 20-year old man, was also injured in the car accident. Both were taken to local hospitals for medical treatment.

The 50-year old wrong-way driver has been charged with manslaughter, vehicular manslaughter, three counts of vehicular assault, driving while intoxicated and driving while ability impaired. In addition to criminal consequences that drivers may sometimes face, they may also face civil consequences through a personal injury claim for damages brought by victims or their families. In many instances, the criminal charges may be used as evidence of negligence.

When a negligent driver has wrongfully caused death or injury, they may be liable to compensate injured victims or family members of victims wrongfully killed for the physical, financial and emotional damages they have suffered. Following a motor vehicle accident, a personal injury claim for damages may be brought to recover medical expenses, lost wages and pain and suffering damages or a wrongful death claim for damages may be brought to recover compensation for medical and funeral expenses, loss of support and services and other damages as well.

Knowing how to respond when harmed by a negligent driver is important for victims and their families. They should be familiar with the legal options and protections available to them during a difficult time.


Help for victims of car accidents

Knowing what damages victims may be able to claim following a car accident is useful to help them through the recovery process. In addition to damages for medical expenses, damages for lost wages, lost earning capacity and pain and suffering damages may be available to injured victims through a personal injury claim for damages.

Personal injury damages can help victims navigate the recovery process. Victims of car accidents may suffer a wide range of damages from cuts, bruises and broken bones to more catastrophic injuries including brain injuries, paralysis and other potentially disabling injuries. Victims who are unable to work as a result of the injuries suffered in a car accident, or while they are recovering from their injuries, may be able to recover damages for lost wages and lost earning capacity.

Victims may also be able to recover compensation for medical expenses including ambulance fees; consultation with healthcare professionals; medical accessories such as crutches or other accessories; disability or disfigurement; physical or cognitive therapy; and in-home care services. It is important to take into account medical expenses the victim has incurred as well as future medical care costs they may incur.

Personal injury legal resources are available to help protect victims when they have been injured by the negligence of another party. Car accident victims may be able to recover compensation for their physical, financial and emotional damages and should be familiar with the damages that may be available to them through a personal injury claim when they have suffered harm in a car accident.


Filing a car insurance claim: The dos and don'ts

Being part of a motor vehicle accident, regardless of the severity, has the potential to alter your life in many ways. Even if you're part of a minor fender bender, you'll still need to contact your insurance company and work with them to have the damage repaired.

In the event of a more serious car accident, such as one in which you suffer an injury, you'll have even more challenges to contend with.

When filing a car insurance claim, here are some of the many things you need to do (courtesy of FindLaw):

  • Call your agent as soon as possible, such as after receiving medical treatment for your injuries
  • Review the details of your policy with an eye toward the coverage
  • Take notes of all conversations with your agent and other insurance company representatives
  • Collect as much evidence as possible, such as notes regarding the accident and photos of the scene and your injuries
  • Keep receipts for all expenses associated with the accident, including those for lodging, food and medical bills

Now, let's examine some of the things you shouldn't do when filing a car insurance claim:

  • Don't provide a written or recorded statement until you understand your policy and know what you want to say
  • Don't accept the first estimate, as your insurance company may throw you a "low ball" offer to start
  • Don't sign anything until you know exactly what it is and how it will impact your claim
  • Don't accept a check for final payment, as this will make it more difficult to seek additional compensation in the future
  • Don't assume you have forever to make a claim

Along with the above, there's one more thing to remember: You have a contract with your car insurance company.

Even though you may face some resistance, your insurer must live up to their obligations as outlined in the policy.

There will always be challenges when filing a car insurance claim, as you can't expect everything to go as planned.

Once you know the process to follow and how to protect your legal rights, you'll find it easier to communicate with your car insurance company with the idea of putting your accident in the past as soon as possible.


Who is to blame for pedestrian accidents?

Walking is one of the most common modes of transportation for Brooklyn residents, whether they walk to work or just down the street to the subway. With so many pedestrians on the road, their safety should be a top priority. However, nearly 50 pedestrians are killed in accidents every year; many more are seriously injured.

To prevent these accidents, it can be helpful to know why they happen in the first place. Below, we examine some of the more common causes of pedestrian accidents and what you can do if you are among those injured in one.

Motorists

Often, drivers are involved in a pedestrian accident. A driver might make an illegal or unsafe turn, fail to stop at a traffic signal, or be unable to stop at a crosswalk because he or she is speeding or distracted. Impairment by fatigue, alcohol or drugs could also contribute to an accident between a driver and a pedestrian.

Pedestrians

Some accidents are caused by other pedestrians. People walking around Brooklyn may be looking at down at their phones or otherwise unaware of their surroundings. Intoxicated walkers can pose a threat to others as well, especially if they are aggressive, clumsy or if they don't follow traffic laws.

Property owners

Keeping premises free from hazards is an important responsibility for property owners in New York. This means they must clear their walkways of snow, ice and other potential hazards. It also means they (or the Department of Transportation, depending on who owns the property) must repair defective sidewalks. Failure to do this could lead to hazardous conditions that put pedestrians in danger of slipping, tripping and falling.

What to do after a pedestrian accident

If you or your loved one has been involved in a pedestrian accident recently, you may have grounds to file a legal claim seeking damages from a motorist, pedestrian or property owner engaging in the behaviors we discussed in this post.

Money from a lawsuit cannot undo the accident, but it can help injured parties get the help they need to recover from a serious accident. This money can be crucial, as pedestrian accidents often result in catastrophic injuries.


Medical malpractice basics and help for victims

Medical malpractice is a broad category of harms referring to circumstances when a medical error or negligent medical care provider has caused harm to the victim. Patients should be able to trust in the medical care and treatment they receive but one study reports that medical malpractice is the third leading causing of the death in the United States.

Medical malpractice refers to when a doctor, medical care professional or medical care facility, such as a hospital, provides care that falls below the standard of care. Victims can be harmed when a foreign object is left in them following surgery, when they are given an incorrect medication or incorrect dosage or when a baby is harmed during the birthing process because the medical care professional delayed a c-section for too long.

Medical malpractice occurs when a doctor performs a wrong-site surgery; when an illness or disease is incorrectly diagnosed or a delayed diagnosis results in a worsened condition; or when medical tests are not ordered or read properly. Medical malpractice, unfortunately, can occur in a whole host of situations and can even result in death. As a consequence, it is important for victims and their families to be familiar with what a medical malpractice claim for damages is and how it can help.

Victims of medical malpractice and their families may be able to obtain compensation for their physical, financial and emotional damages through a claim for damages. Medical malpractice claims are oftentimes complex but because of their importance, it is essential for victims and their families to be familiar with medical malpractice protections, resources, remedies and rights when they have suffered harm.


Four-year-old girl killed by hit-and-run driver in parking lot

Commercial parking lots are not generally considered to be the likely scene of a serious motor vehicle, but in the crowded commercial areas of Bushwick in Brooklyn, vehicles and pedestrians move in close proximity to one another. Occasionally, they come into contact with each other, and death or serious injuries are the result.

A recent pedestrian-vehicle accident in a laundromat parking lot resulted in the death of a young girl and serious injuries to her mother. According to police and eye-witnesses, the woman and her child were walking on a public sidewalk that was used by vehicles for access to the parking lot. A second women walked out of the laundromat, climbed into an SUV and struck the child and mother as she left the parking lot. The driver of the SUV did not stop but was arrested later. The four-year-old was taken by ambulance to Wyckoff Hospital, where she died from her injuries. Her mother was also hospitalized in serious but stable condition.

Several witnesses who are frequent users of the laundromat say such an accident was inevitable. The layout of the parking lot requires vehicles to traverse the public sidewalk when entering or leaving the parking lot. The sidewalk is used by pedestrians at all times of the day.

Anyone who has been injured or lost a loved one in a motor vehicle accident may wish to consider seeking damages from the person or parties at fault. In this case, the driver of the SUV is an obvious defendant, but the owner of the land and the operator of the laundromat may also be liable if they had knowledge of the hazardous layout and failed to take proper remedial measures. An experienced personal injury lawyer can assist in identifying potential defendants, analyzing the law and evidence that will govern the case and providing an estimate of potential damages.