Hit and Run Accidents – New York Personal Injury Lawyers

What to Do If You Are a NYC Pedestrian/Bicyclist Injured In a Hit and Run

91ԭ��Ƶ#38; Aspromonte — Wed, 18 Dec 2024 10:08:18 +0000

By 91ԭ��Ƶamp; AspromonteMarch 20, 2016

Pedestrians, bicyclists, and cars on the road are everyday facts of life, and sometimes one, or more are not aware of the other and an accident happens. In NYC, pedestrians and bicyclists are struck by cars and injured, or killed every year. At times drivers who hit pedestrians/bicyclists drive away from the scene of the accident; the now becomes a hit and run victim to boot. Knowing what steps to take after an accident can prevent further injury and ensure medical care is covered under New York’s No-Fault insurance. When you are lying injured, it is vital to know what to do, and not do.

What to Do If You Are Hit by a Car

• First and most importantly, DO NOT MOVE. This is especially important if you feel any pain in your head or neck.• Do not allow others with good intentions to move you. Only an emergency medical technician, paramedic or doctor may provide medical aid before an ambulance arrives on the scene.• A rush of adrenaline could happen and you may experience the urge to “fight or flight”, but STAY CALM so you can think more clearly.• Tell a witness as much detail as you can remember about the car. The license plate number of the “hit and run” car would be the best piece of information, but car make, model, approximate year, and color, along with any identifying features such as stickers or decals, any damages or customized features would assist the police.• Ask any bystanders to help gather facts and witness contact numbers. DO NOT MOVE your head while speaking instructions.• Do not speculate about the extent of injuries you have sustained to anyone.• Do not admit any fault.• Accept any medical treatment suggested by the EMT. Go to the hospital and get examined by a medical doctor. It is not uncommon to realize later, even days later you have injuries you were unaware of at the accident scene.• If you do not get medical care immediately following the car accident, and injury symptoms occur later, you can still receive medical attention under NYS No-Fault Insurance. Take your police accident report number with you and go to the nearest public hospital emergency room.• Bicyclist Note: There is no room on, or in an ambulance for your bike. It is NYC Police’s responsibility to secure your property.• Get legal help.

For a free legal consultation, call (212) 732-2929

You Witness the Pedestrian/Bicyclist Car Accident

• Call 911 and give the exact location to dispatch.• Get the license plate number if possible.• Write down details you witnessed happening to the injured victim. This will the EMT assess injuries.• Without putting yourself in danger, divert traffic.• DO NOT MOVE OR LIFT the injured victim, unless there is immediate danger outweighing the risk of further injury and then move the victim carefully.

Getting Medical Care after a Pedestrian/Bicyclist Accident

• You need an accident report and can receive immediate medical care with the report number.• Medical bills can be submitted directly to, and paid by the No-Fault insurer. Or, you can submit bills, or opt to pay the medical costs directly and then submit receipts to the No-Fault insurer.

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The Importance of Getting Medical Care

Minor and more severe head injuries – concussion brain injuries – can harm emotional and mental functions along with long-term memory loss. Whiplash, internal injuries or soft tissue damage is not always instantly apparent. Medical care will support claims and may help get you the benefits you need.Information You Will Need

• Vehicle state and license plate number.• Information from any witnesses’ of the accident – name, phone number and address.• Police accident report (the number at minimum), officer’s name, badge number and precinct. Get their card if they have one.

If you are an NYC pedestrian/bicyclist injured in a hit and run, it is important to collect as much information on the details as possible. Take notes, or have a bystander take notes for you being sure to include the location, traffic and weather conditions and anything else that will recreate the accident scene; and preserve as best as possible any physical evidence of the accident. Seek medical attention as soon as possible, and contact an experienced personal injury attorney.

Get the compensation you deserve—our attorneys are ready to help. We have helped clients obtain justice and compensation in a variety of personal injury cases, such as car accidents, construction accidents, wrongful death, and severe injuries.

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The post What to Do If You Are a NYC Pedestrian/Bicyclist Injured In a Hit and Run appeared first on New York Personal Injury Lawyers.

Man, 27, killed by hit-and-run driver in the Bronx

91ԭ��Ƶ#38; Aspromonte — Wed, 18 Dec 2024 09:16:38 +0000

A 27-year-old man was killed by hit-and-run driver in the Bronx over the weekend. The man had only recently moved to New York from his native Ireland.

Although police are not entirely positive yet as to what happened, because the car accident is still under investigation, it seems the man may have been in the street after celebrating a little too hard with his friends. He was struck around 3:30 a.m. on East 233rd Street near Oneida Avenue in the Woodlawn neighborhood.

Apparently, this tragic incident was captured on videotape from a nearby security camera. A man who saw that videotape told a reporter that the driver of the vehicle that struck the man did not stop or even seem to slow down. As of Monday, police had not publicly identified a suspect or arrested anyone in connection with the fatal car-pedestrian collision.

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This incident represents a good chance to talk about comparative negligence. That term refers to negligence on the part of the plaintiff that reduces the amount of damages that can be recovered from the defendant. In this case, if the man was indeed drunk and in a dark roadway at 3:30 a.m., the doctrine of contributory negligence would recognize that those were not safe or wise actions to take.

However, the concept of comparative negligence recognizes that making a mistake, as this man may have done, does not mean that the plaintiff is entirely responsible for what happened. Rather, it seeks to recognize that real life is complicated. In some situations, both the plaintiff and defendant may have contributed to what happened, but the Defendant is still responsible for that portion of the accident that can be attributed to his or her negligence. The damages that the plaintiff receives is reduced by the percentage of fault that he or she has in causing the accident. If the case is not settled, a jury will be asked to apportion fault.

��ǳܰ��:��New York Daily News, “Victim identified in fatal hit-and-run in the Bronx,” Vera Chinese and Barry Paddock, June 16, 2013

Our skilled attorneys handle complex personal injury cases, including car accidents construction accidents, and wrongful death.

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What to do After a Boating Accident in NY

91ԭ��Ƶ#38; Aspromonte — Wed, 11 Dec 2024 07:12:04 +0000

By 91ԭ��Ƶamp; AspromonteMarch 19, 2016

Recreation on the water is fun, relaxing and entertaining, but when you are involved in an accident all those reasons go floating in the current. Property damage and personal injuries, or in a worst-case scenario where a victim goes under water, there are actions requiring immediate attention. You need to know what to do after a boating accident in NY.

For a free legal consultation, call (212) 540-2982

Property only damages require the operator to exchange information with others involved. If you cannot locate the other party involved in the accident, then you must report it to law enforcement immediately following the accident or as soon as physically able to. Failing to do this results in a violation leading to a fine of $100 to not more than $250.

An accident where personal injury happens, or if someone has disappeared under water, information must be exchanged between all parties involved. If others involved in the accident cannot be located or if exchanging information is not possible, law enforcement must be notified as soon as possible. Failing to report the accident with these provisions will be considered a violation of the law.

• First violation is a Class B misdemeanor with $250 to $500 consequences – A.K.A. Fines.• Within 5-years, any subsequent violations are a Class A misdemeanor imposing $500 – $1000 fines.

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Serious physical injury, disappearance into the water or death(s) resulting from accidents where a water recreational vessel operator fails to stop constitutes a Class E felony; this includes commercial vessels as well. If damages due to the accident are in excess of $1000, a report must be filed – in writing – with the State Parks within no more than 5-days of the accident. Violation is punishable by a $25 – $100 fine.

Providing Assistance – Good Samaritan Law

According to Section 41.3 of the Navigation Law:

It shall be the duty of every master or pilot of any vessel to render such assistance as he can possible give to any other vessel coming under his observation and being in distress on account of accident, collision or otherwise.

When you come across another in distress, law requires that you assist to the best of your abilities. However, under certain, specific conditions an operator is excused from this duty.If providing assistance:

• endangers your personal vessel• endangers any of your vessel’s passengers• more extensive or further damage will result in doing so• interferes with law enforcement or other rescue attempts

There are steps to take if you find yourself in a situation where there is a distressed operator/vessel, whether on shore or in a boat.Rescue Sequence

REACH – If someone is in distress and close enough to the shore, attempt to convince them to swim to it. With that said, reaching for water vessel accident victims from shore is the safest rescue scenario – extend a pole, stick, oar, ladder or any other long object.
THROW – Using this method, you throw a floating device they can use to stay above the waterline, or a line to pull the victim to safety without putting you endangering yourself or the need to go into the water.
ROW – Using this method you approach the victim, who could be tired from the strains relating to the incident, with your boat and help them out of the water. Take caution they do not capsize your boat and cause you to fall into the water with them. Also, be conscious of your boat’s load limitations; you do not want to put yourself at risk.
GO – The most dangerous method to your safety is the GO method, and should only be tried by trained lifesavers or in extreme peril. It involves you going into the water and interacting with a victim and should be avoided if possible. The victim could possibly grasp at you in a panic and pull you underneath the water with them. A life jacket or floatation device should be used in this effort at all cost, being sure to take a floatation device with you to provide to the victim once reached.

Lacerations, sprained knee and ankles, broken bones, head injuries and hypothermia are all common boating injuries. Any injury you incur when on a cruise ship or on – or from – a personal water vessel should be discussed with an experienced attorney who understands the law and what to do for you. Contact 91ԭ��Ƶamp; Aspromonte LLP Associates today and let us tell you how we can get you the compensation you are entitled to.

Our personal injury team has extensive experience handling claims for car accidents, construction accidents, wrongful death, serious injuries, and more.

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Brooklyn man killed in hit-and-run accident

91ԭ��Ƶ#38; Aspromonte — Wed, 11 Dec 2024 07:03:10 +0000

Pedestrians in large cities such as New York City are familiar with having to deal with heavy vehicular traffic. Between taxicabs, local drivers, and out-of-towners trying to navigate a new city, pedestrians are always at risk. While during the daylight hours, accidents may be more easily avoidable, at night or early morning before the sun is up, both drivers and pedestrians need to take special care to avoid accidents.

A Brooklyn man recently faced this risk and was struck by a driver. The pedestrian was running during the early morning hours, when a red SUV hit him, and drove away. The pedestrian died. Police are still looking for the driver.

Liability in a pedestrian accident is based on the negligence of the driver, though the pedestrian’s actions are also taken into account. Both the driver and the pedestrian must exercise reasonable care in conducting their activities. In instances where the pedestrian has been killed by a driver’s negligence, the representative of the pedestrian’s estate may be able to bring a wrongful death suit and recover damages.

For a free legal consultation, call (212) 732-2929

Runners who venture out late at night or very early in the morning can take precautions to avoid getting hit by cars, such as wearing reflective clothing and headlamps or by carrying flashlights so that drivers can see them from farther away. Additionally, pedestrians must be careful to obey all traffic signals and use sidewalks and crosswalks where available. Drivers should be aware of their surroundings at all times and pay close attention to see if there are pedestrians present, as well as obeying traffic rules.

If you or a loved one has been hit by a vehicle as a pedestrian in NYC you should contact a New York City Pedestrian Accident Lawyer as soon as possible.

Source: NY Daily News, “Man dead in Brooklyn hit-and-run,” Erica Baida and Joe Kemp, Nov. 17, 2012

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Bronx Woman Fatally Injured After Hit and Run Accident

91ԭ��Ƶ#38; Aspromonte — Tue, 10 Dec 2024 17:43:35 +0000

The New York metropolitan area teems with automobiles and pedestrians. While the common car accident can pose a serious risk to motorists, a single-vehicle crash involving pedestrians almost always result in severe injuries or death. When these tragedies occur, victims and their families may find themselves in a difficult position, struggling to recover and move on with their lives. A recent hit and run in the Bronx serves as a sad example.

Recently, in the early morning hours, a 22-year-old female pedestrian was struck by a car. The woman was pronounced dead at the scene. The motorist responsible for the car accident fled the scene and police continue to investigate.

Unfortunately, accidents like this are far too common, and often leave victims with a serious injury, permanent disability, or njury. In the worst cases, like that in the Bronx, victims die. Those who receive injuries from these accidents face a long physical recovery that can be complicated by medical expenses. Families who lose a loved one to an accident may struggle to make ends meet and pay costs related to the accident. Fortunately, legal action can help victims and their families obtain compensation for their damages.

For a free legal consultation, call (212) 732-2929

To succeed on a lawsuit against a negligent driver, a victim or a surviving family member must prove the driver was negligent and the negligence resulted in compensable harm. Once these elements are established, victims and their families can receive awards to help cover medical expenses, pain and suffering, lost wages, and in the case of death, funeral costs and loss of consortium.

While a successful lawsuit allows surviving victims to obtain the quality care they need and deserve and deceased victims’ families to receive recoveries to help cover costs and move on in remembrance of their loved one, a lawsuit serves another important purpose. Filing a lawsuit against a drunk, negligent, or distracted driver sends a message that irresponsible driving will not be tolerated. Perhaps then motorists will think about their actions behind the wheel and how they affect those around them.

Source: CBS New York, “Bronx Hit-And-Run Leaves Woman Dead,” Dec. 29, 2012

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How to Protect Yourself Legally After Being Injured in a Hit and Run Accident

91ԭ��Ƶ#38; Aspromonte — Tue, 10 Dec 2024 09:33:22 +0000

Everyone that is issued a driver’s license is expected to operate a motor vehicle responsibly. Sometimes accidents occur that are totally out of the driver’s control, such as brakes failing. Other times they occur due to negligence, such as driving while intoxicated. Those involved in an automobile accident are expected to follow certain procedures like sharing license and insurance information if no injuries are incurred or providing or calling for assistance to anyone injured due to the accident

However, some people panic after being involved in an accident and flee the scene. Normally, someone injured in an accident is only allowed to pursue compensation for certain damages based on the severity of the injury, such as the loss of wages, costs of medical care and a certain amount for the pain and suffering endured.

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Those injured by hit-and-run drivers, on the other hand, can sue for these damages as well as for punitive damages. Punitive damages are monetary awards that are meant as a form of punishment for the guilty party. Such punitive monetary judgments are determined by the wealth of the defendant with wealthier parties paying more than those having less. If the driver involved in the hit-and-run is not identified, then you would have to seek compensation from your insurance company which may try to pay as little as possible.

If you have received injuries in a hit-and-run accident, you have the right to seek both injury compensation and punitive damages against the guilty party. If the driver was never identified, then you should still obtain advice from NY personal injury attorneys. We will work to get you the compensation you deserve from either the hit-and-run driver or the insurance company.

Our experienced team has assisted personal injury victims with claims involving car accidents, construction accidents, wrongful death, and other serious injuries.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

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