Manhattan Motor Vehicle Accidents Law Blog

Every year, numerous New York residents or visitors to the state suffer injury or death in pedestrian accidents. When these collisions involve buses, trucks or other larger vehicles, pedestrians may be pulled under and dragged for some time before the drivers are even aware of what has happened. Those who survive these incidents or the family members of victims who do not may have legal recourse. Following a pedestrian accident, personal injury or wrongful death claims may be filed in an effort to seek financial relief.

If you were hurt or lost a loved one in an auto-pedestrian accident, you likely have a lot of questions about what compensation may be available to you. The simple truth is, as you know, the financial, emotional and physical losses associated with such incidents can be quite significant. If negligence contributed to the event, compensation for all damages deemed legally recoverable -- such as medical expenses, funeral costs, emotional trauma and lost income, among many others -- may be sought.

A 64-year-old male was operating his vehicle on the Gowanus Expressway when a tire flew off of a garbage truck and struck his windshield. This individual suffered critical injuries and was transported to a New York hospital where he later died. Some are calling this fatal accident a freak accident, but was it more than that?

Police are still in the process of investigating this incident. It reportedly occurred around 6:30 a.m. on Aug. 1. The tire of the Mack garbage truck is said to have become unhinged from the vehicle, flew over the median and struck the victim's car. The victim lost control of his vehicle and slammed into the divider. He was unresponsive when rescue crews freed him from the wreckage and transported him to the hospital.

Every year, numerous individuals in the state of New York suffer injuries in auto accidents. Following a car accident injury, one may experience financial and emotional losses on top of any physical pain and suffering. With mounting damages, it is normal to want to seek compensation through legal means, but what elements must exist in one's case for it to be successful?

Many personal injury cases are settled without having to go to trial. For those that are not, in order for them to be successful, the plaintiffs have to prove that certain elements exist in their cases. The five required elements are:

• The responsible party had a duty of care
• The responsible party breached that duty
• The breach was the result of negligent actions
• Damages were suffered by the victim
• The damages are deemed in the responsible party's scope of liability

In the city famous for its tall buildings and legendary skyline, it likely will not surprise you to learn that New York has over 70,000 elevators. You probably ride in at least one of them several times each day. Thankfully, the vast majority of these elevators function smoothly and reliably, providing safe passenger rides to and from residences, offices, restaurants, etc. thousands of feet above the ground. Nevertheless, when an elevator accident happens, the results can be catastrophic. Nationwide, approximately 30 people lose their lives each year in an elevator accident and more than 10,200 people receive injuries.

Roughly half of all elevator fatalities among members of the public occur when someone falls into and down the elevator shaft. The other 50 percent occur due to the following:

• You get caught in the elevator’s moving parts.
• You get caught between the car and the shaft wall.
• You get thrown when the elevator suddenly stops, lurches or lands.
• You become trapped in the door when it fails to open sufficiently.