Brian J. Levy & Associates, P.C.FindLaw IM Template2025-03-31T11:46:48Zhttps://www.brianjlevy.com/feed/atom/WordPress/wp-content/uploads/sites/1101527/2020/11/cropped-Favicon-32x32.pngOn Behalf of Brian J. Levy & Associates, P.C.<![CDATA[What do I do if I was hit by a drunk driver?]]>https://www.brianjlevy.com/?p=537192022-04-12T13:05:46Z2022-04-25T13:05:10ZDrunk driving continues to be a leading cause of accident fatalities
Unfortunately, drunk driving continues to be a major problem. The Centers for Disease Control and Prevention estimates that there are 29 deaths per day in motor vehicle accidents involving a drunk driver. This equals approximately 1 death every 50 minutes. Young people, motorcyclists and individuals with a prior DUI conviction are more likely to be involved a drunk driving related accident.
If you’ve been hit by a drunk driver, there are several steps that should be immediately taken. Call 911 and the police. Focus on your safety and health first, obtaining treatment for any injuries. File a report with the police and get the names and badge numbers of any police officer at the scene, along with the driver’s insurance and contact information.
After you have treated any injuries and the shock has worn off, contact your insurance company, and make sure they know that the driver who hit you was drunk. Insurance coverage limits may change when this is a factor.
Recovering compensation for your damages
The losses suffered after being hit by a drunk driver can be massive. You may face serious or life-threatening injuries that require extensive medical treatment, or that may result in permanent consequences. You likely cannot afford the cost of the medical treatment, and you may need time off work to heal and recover.
A personal injury claim may help you receive compensation for these things, as well as pain and suffering. Negligence on the part of the drunk driver must be proven to recover damages. Experienced personal injury attorneys know what is involved in pursuing a negligence claim, and can guide you through the process, so you can concentrate on getting better.
]]>On Behalf of Brian J. Levy & Associates, P.C.<![CDATA[Parking lot accidents and injuries]]>https://www.brianjlevy.com/?p=537172022-03-10T13:57:09Z2022-03-28T12:56:40ZAccident overview
Usually, when there is an accident in a parking lot, the vehicle that is moving at the time of the incident is at fault. It’s important for the driver to share his or her contact information with the victim, including his or her name, phone number and email address.
It’s also important for the victim to receive medical attention if needed. Some injuries from a parking lot accident may not be immediately apparent, like whiplash and concussions.
If the victim is able to take photos of the vehicle and landmarks, that can be helpful when making a claim against the driver. Also, the victim may want to ask witnesses for a statement and their contact information. Some parking lots also have security cameras, which can help when making a claim to demonstrate how the accident occurred.
Avoiding injuries
Drivers can avoid causing a serious accident by remembering to drive slowly through parking lots. If a driver has a newer vehicle with rearview technology, it’s helpful to use that to avoid hitting a pedestrian crossing behind his or her vehicle. For vehicles without that technology, they can use the side and rearview mirrors to check for passing pedestrians.
If an individual is hit by a car, he or she can face expensive medical bills and may lose time away from work in order to heal. An experienced attorney can provide advice and pursue a claim on the injured person’s behalf.
]]>On Behalf of Brian J. Levy & Associates, P.C.<![CDATA[Drowsy driving can easily lead to a serious car accident]]>https://www.brianjlevy.com/?p=537152022-02-28T12:10:41Z2022-03-14T11:10:08Zdrowsy driving, especially if a driver does not get the recommended seven hours of sleep a night.
Causes of drowsy driving
There are many reasons a driver could become drowsy. Drowsiness can occur if a driver is awake for many hours in a row or did not get enough sleep for several days. Driving overnight or in the early morning hours can also cause drowsiness. Performing monotonous tasks can cause drowsiness. Finally, certain over-the-counter medications and prescription medications list drowsiness as a side effect. These are only some examples of the many ways a motorist could become drowsy.
Drowsy driving accidents
If a driver is drowsy, they could fall asleep behind the wheel and cause a car crash. If this happens, the accident victim may be left with significant medical bills, lost wages if they cannot work due to their injury as well as pain and suffering. For this reason, many drowsy driving accident victims choose to file a personal injury lawsuit against the drowsy driver based on negligence.
There are several elements to a negligence claim. First, there must be a duty of care. All motorists are tasked with the duty to drive reasonably under the circumstances. Second, there must be a breach of this duty. Falling asleep while driving and crashing into another vehicle can be seen as a breach of a driver’s duty of care. Third, the breach must have caused the victim’s damages and the resulting damages must be a foreseeable consequence of the breach. Finally, the victim must have suffered quantifiable and compensable damages.
Drowsy driving accidents can occur at any time of the day. This means that at any point you could be sharing the road with a drowsy driver. If you are in a car accident caused by a drowsy driver, you will want to make sure you understand all your legal rights and options so you can make decisions that are in your best interests.
]]>On Behalf of Brian J. Levy & Associates, P.C.<![CDATA[Distracted driving can seem a lot like drunk driving]]>https://www.brianjlevy.com/?p=537132022-02-01T09:56:13Z2022-02-14T09:55:37ZStatistics suggest that as many as 1 in 5 deadly accidents involve at least one fatigued driver.
The person who is in the best place to prevent a tragedy due to fatigued driving is the driver who has not gotten enough sleep. Some studies suggest that someone who is 2 hours down on his or her minimum sleep drives like someone who has consumed 3 beers.
Of course, the problem gets more serious the less sleep a person behind the wheel has. In short, a sleep-deprived motorist will drive a lot like a motorist who is close to or even has exceeded the legal alcohol limit.
No matter what time pressures are on them, New York drivers need to avoid driving when tired, even if that means having to pull over for a short nap.
Fatigued drivers can be held legally accountable for their actions
Drivers who are not willing to pull over when tired are putting themselves and others at risk of a serious injury. If they cause an accident, then their victims may be able to pursue compensation in a legal action. Compensation may be for lost wages, medical bills and other out-of-pocket expenses and non-economic losses like pain and suffering.
]]>On Behalf of Brian J. Levy & Associates, P.C.<![CDATA[What do I need to be prepared for winter car accidents?]]>https://www.brianjlevy.com/?p=537112022-01-14T09:33:28Z2022-01-31T09:32:47Zemergency kits ready to go.
Auto accident preparedness
First, we should already have some auto accident preparedness kits ready to go in our cars. This includes having all relevant information written down, like our insurance information, both car and health, road side assistance numbers and emergency numbers for our family. We should also have dashboard cameras already installed, preferably with a 360-degree view, time stamps, automatic recording and internal storage. For immediately after serious car accidents, have a fire extinguisher in the trunk, in addition to a first aid kit. First aid kits can be purchased commercially though, be sure they have the basics, like hydrocortisone, thermometer, tweezers, instant cold compress, aspirin, a blanket, nonlatex gloves, scissors, gauze, tape, bandages and antibiotic ointment.
Single auto accidents
While our general readiness items will help us when we are in an auto accident, we need to think about times where we would be stranded. First, prepare for a blown tire. This includes having a spare tire kit that includes a tire, jack and wheel wrench. If a spare tire is not an option, get a flat tire and patch kit. Keep jumper cables and a jumpstart battery handy. This can charge phones, usually, has a built-in flash light and can jumpstart our cars, should we become stranded. Do not forget the multipurpose utility tool, a flashlight (with extra batteries), and items for road visibility. This includes road cones or reflective triangles, a reflective vest and flairs.
Winter preparedness
We all know that New York can get heavy snow, and this may trap us in our cars for extended periods of times. As such, do not forget to pack winter clothes, blankets, snow shovels and brushes, ice scrapers and nonperishable food. These include protein bars, energy bars, drinking water, unsalted nuts, hard candy, dried fruits, etc. A bag of cat litter or sand for traction could also come in handy. As Bronx residents, we know the importance of preparedness, and we should bring that to our cars as well.
]]>On Behalf of Brian J. Levy & Associates, P.C.<![CDATA[New York’s no-fault insurance explained]]>https://www.brianjlevy.com/?p=537092021-12-31T10:53:47Z2022-01-17T10:53:11ZWhat is no-fault insurance?
New York requires all motorists to carry minimal amounts of insurance. There are three primary aspects to this insurance – no-fault insurance, liability and uninsured motorists. Whereas liability insurance is triggered when there is a claim of negligence against a driver, no-fault insurance does not require negligence on the part of anyone. No-fault coverage applies regardless of who was at fault and even if the accident is blameless.
There are a couple of important things to understand about no-fault insurance. The first is the limited time you have to file a no-fault claim. In order to qualify, the appropriate insurance company must be notified within 30 days. Knowing which insurance company to contact is the second important thing to understand. If you’re driving your car, you would seek a no-fault claim through your own insurance company. If you’re a passenger in another’s car, you claim it through their insurance company. And if you’re a pedestrian or bicyclist injured in an accident with a car, you make the claim through the driver’s insurance.
No-fault limitations
No-fault insurance only covers personal injuries; it does not include property damage. Additionally, the dollar amount covered by no-fault is typically $50,000 – the state minimum. If personal injury damages exceed this amount, no-fault insurance will fall short. Perhaps most importantly, motorcycle riders and motorcycle passengers need to understand that they are not covered by no-fault insurance. In any of these cases, if you are injured in a motor vehicle accident, filing a personal injury lawsuit may be necessary to collect the full compensation to which you are entitled.
]]>On Behalf of Brian J. Levy & Associates, P.C.<![CDATA[Motorcyclists are at an outsized risk in New York City]]>https://www.brianjlevy.com/?p=535642021-11-24T06:56:01Z2021-12-17T06:55:29ZThe data backs up a motorcyclist’s vulnerability
The New York City Department of Transportation studied accidents involving motorcycles throughout the five boroughs. What they found were a number of troubling trends. First of all, they found that a motorcyclist is less likely to go down on their own – instead, another vehicle is usually involved. And alcohol doesn’t tend to be involved. This was amplified by the fact that motorcycle accidents tended to take place during the afternoon or evening, rather than later hours when drinking occurs more often.
Even more concerning is the fact that fatal motorcycle accidents in the city happen at nearly twice the rate of those statewide. Despite the fact that motorcycles make up only 2% of all registered vehicles in New York City, motorcyclists represented 14% of all traffic fatalities.
Every driver around you owes you a duty to drive their vehicle with reasonable care. This means paying attention to what they’re doing and not allowing themselves to be distracted. Unfortunately, too many drivers do not follow these simple rules and motorcyclists pay the price. When drivers fail to drive with reasonable care and injure a motorcyclist in the process, they are negligent and in violation of the law. If you are such a victim, a personal injury lawsuit may be the best tool available to you – to compensate you for your injuries and to hold them accountable for their actions.
]]>On Behalf of Brian J. Levy & Associates, P.C.<![CDATA[Gravesend TV crew rescues Brooklyn residents]]>https://www.brianjlevy.com/?p=535432021-11-15T11:59:08Z2021-11-17T11:58:34ZBackground
The boroughs of New York are no strangers to TV filming, and Brooklyn is currently being used by the crew of the TV show, Gravesend. According to the star and creator of the show, William DeMeo, prior to the miracle rescue, the crew was filming in a mock-up of an 80s video store. They heard a loud crash, but did not see the crash from the building’s window, so they did not think anything of it.
The car accident
According to the New York Police Department, the car crash occurred on Tuesday. Reportedly, it was caused by an 80-year-old driver, who lost control of her vehicle, and then collided with a parked vehicle and overturned onto teenager and his dog. Unfortunately, the car trapped the boy and his dog underneath it.
The miraculous rescue
At some point after hearing the loud crash, the producer for the TV show, Michele Frantzeskos, went outside. Once she went outside, she could hear people screaming and saw the accident scene. She immediately ran over and pulled the elderly driver and her passenger from the car. This is when she could hear the boy screaming for help. She ran back, grabbed DeMeo and got a bunch of the crew to come help. They ran back to the car, and then lifted the vehicle off the boy and dog, rescuing them both. Luckily, first responders arrived thereafter.
After the miracle rescue
Paramedics took the teenager, the elderly driver and her passenger to local hospitals. Everyone suffered serious injuries, but none of them were life threatening. And, everyone is expected to recover. For our Bronx, New York, readers, we should take this story as a breath of fresh air. Good news, for once.
]]>On Behalf of Brian J. Levy & Associates, P.C.<![CDATA[What to do after being involved in a rideshare accident]]>https://www.brianjlevy.com/?p=534972021-10-29T14:03:33Z2021-10-29T14:03:33ZCall 911 for the police and emergency medical services
Call 911 immediately after any motor vehicle accident. If there are injuries or property damage, the police need to come to the scene and make an accident report. You will want to ask how to get a copy of that report as evidence.
An ambulance should also come to the scene. You should receive medical attention even if you feel unharmed. Some injuries can hide due to the rush of adrenaline that comes after a harrowing experience, so you may not feel symptoms until later.
Get information from the driver
Get the ridesharing driver’s name, contact information, license plate number, driver’s license number and insurance information. Depending on the situation, you may either have to go through the driver’s personal auto insurance policy or the ridesharing company’s insurance if you file a claim for a personal injury.
Talk to witnesses
If any people witnessed the accident, you need to speak with them and write down their names and contact information. You may even want to record their statements concerning what happened when the accident occurred. Witnesses can be contacted later if any further clarity is needed.
Take photos
After getting into an accident, taking photos of the scene is imperative. Photos are compelling evidence for your claim. Snap anything that’s relevant to the accident, including the road, skid marks, vehicles and their damage, other property damage, road signs, and even the weather if it’s a factor.
Contact the ridesharing company
Accidents involving ridesharing vehicles are sometimes complex. However, you should contact the rideshare company to report the accident. You should be able to report the accident on the company’s app.
Taking all these steps is important after an accident involving a ridesharing vehicle. You can protect yourself and find out how to recover damages if necessary.]]>On Behalf of Brian J. Levy & Associates, P.C.<![CDATA[Why truck crashes are different from other motor vehicle accidents]]>https://www.brianjlevy.com/?p=534952021-10-28T16:12:32Z2021-10-28T16:12:32Z1 in 10 fatal motor vehicle accidents in the United States involve large trucks.
Legal complications
The second main reason these accidents are different is that commercial vehicle accidents raise different issues of liability.
In a typical personal injury case involving two privately owned cars, if one driver caused the accident through negligence, the injured party can hold the negligent driver liable for their damages. This principle applies to commercial truck accidents, but in these cases the injured party may be able to hold other parties liable as well.
Under a very old legal theory known as respondeat superior, employers may be held liable for damages caused by the negligent acts of their employees in the course of their employment. So, when a negligent truck driver causes an accident, the injured party may file suit against the truck driver and/or the trucking company that employed the truck driver.
This is an important principle in truck accident cases because the amount of damages is likely to be very high. Expanding the pool of potentially liable parties makes it more likely that the injured party will be able to recover compensation for their medical bills, lost wages, pain and suffering, and all the other damages they have suffered as the result of the accident.]]>