Category:

In the spring, while walking in his neighborhood of Great Neck, NY, YZ was struck by a vehicle while proceeding across Middle Neck Road in the crosswalk. The impact caused him to fall to the ground, resulting in injuries to several areas of his body. Concerned for their father’s well-being, YZ’s family reached out to Hill & Moin, LLP to investigate and litigate on his behalf. YZ met with the experienced attorneys at the firm, who worked with him to strategize a plan that would ensure he received the care he needed and the compensation he deserved.

Throughout the entire process, YZ and his family were kept well-informed at every step. YZ was particularly impressed by the kindness and character of the Hill & Moin team, remarking that the experience went as smoothly as possible under the circumstances. The firm’s dedication and support left YZ very satisfied with the outcome of his case.

In the end, YZ was awarded a settlement of $800,000. When asked how he would rate his experience with Hill & Moin, LLP on a scale of 1 to 5, YZ gave them his lucky number—7! With his case behind him and the financial relief secured, YZ is now looking forward to the future with hope, knowing that he can finally move on from this traumatic chapter of his life. He remains grateful to Hill & Moin for the care and dedication they provided throughout his case and the spectacular result.

Comments closed

In mid-September, a Brooklyn resident was working at a construction site when a devastating accident occurred. While on the job, an excavator’s bucket suddenly fell on top of him, causing debilitating injuries to his foot and other areas of his body. In excruciating pain and uncertain about his next steps, he was referred to Hill & Moin, LLP for help in navigating the aftermath of this traumatic incident.

Upon meeting with the attorneys at Hill & Moin, the Brooklyn resident shared the details of his accident, and the legal team immediately laid out a plan to help him recover. They explained the steps that would be taken to ensure that his case would be handled efficiently to secure the compensation he deserved. The attorneys made sure he was well-informed throughout the entire process, answering his questions and keeping him up to date on every development along the way.

At the end of his case, the Brooklyn resident received a settlement of $1.8 million, which provided him with the financial security he needed after such a painful and life-changing experience. He was particularly appreciative of the care and professionalism of the Hill & Moin staff, describing them as “phenomenal”. Now, with his case behind him, he is hopeful for the future and plans to use this experience as an opportunity to invest in new possibilities and rebuild his life. The support he received from Hill & Moin has been instrumental in helping him move forward with confidence.

Comments closed

New York City is home to one of the most extensive public transportation networks in the world. According to one report, 56 percent of New Yorkers travel on public transportation, using it 3.8 billion times each year. With so many commuters on the go each day, accidents are bound to happen.

When you’re injured on New York’s bustling transit systems, the road to recovery is often filled with confusion and uncertainty. Each mode of transit has its own set of operational practices, regulatory requirements, and – consequently – unique liability issues when accidents occur.

Fortunately, understanding your legal rights can make all the difference. This comprehensive guide will walk you through the unique landscape of New York public transportation, answer popular questions, explain the legal process, and show how Hill & Moin LLP can help you secure the compensation you deserve.

Who Is Liable for New York Public Transportation Accidents?

If you’ve been injured in a bus accident or some other public transportation incident, you probably have many questions. Who is responsible if the driver makes a mistake? What if a transit authority fails to maintain the vehicles? And what happens when several parties are involved? These are common concerns among accident victims, and understanding the answers can help demystify the legal process.

The answer lies in identifying the appropriate transit agency and determining whether such an accident occurred due to driver negligence, inadequate maintenance, or a combination of factors involving multiple entities.

The most common carrier accidents happen due to:

• Driver error: Fatigue and mistakes such as misjudging distances, failing to signal, or ignoring traffic laws can result in collisions
• Distracted driving: Activities like using a mobile phone or interacting with passengers can divert attention from the road
• Inadequate training: Drivers lacking proper training may be ill-equipped to handle challenging driving conditions or emergency situations
• Mechanical failures: Poor vehicle maintenance can lead to brake failures, tire blowouts, or engine malfunctions, increasing the risk of accidents
• Pedestrian actions: Jaywalking or inattentive pedestrians can unexpectedly enter bus lanes, leading to potential collisions
• Erratic driving: Motorists who drive unpredictably, such as sudden lane changes or failure to yield, can create hazardous situations for buses
• Impaired driving: A driver under the influence of alcohol or drugs poses a significant threat to all road users, and the chances of a bus accident happening are high

The Difference Between Public- and Private-Owned Transportation in New York

While private transportation services have their own set of liability rules, public transportation systems are managed by government agencies or large, self-insured entities.

Other differences include:

• Public transportation and transit: Fully or partially owned and operated by government entities. These include quasi-public systems like Amtrak and the MTA. Most public entities have short deadlines for filing claims. When a bus accident occurs, knowing which governmental entities control the vehicles involved is key to protecting your legal rights and obtaining fair compensation.
• Private transportation: Fully owned and operated by private companies without direct government funding or strict regulation, such as private shuttles, Uber, Lyft, and other rideshares.
• Privately-owned public transportation: Privately owned by companies or individuals but serves the public under strict government regulation. This includes Medallion Yellow cabs and other For-Hire Vehicles (FHVs) that operate with city-issued licenses or medallions.

MTA public transportation accident

The Metropolitan Transportation Authority (MTA Network) is the largest operator of subways and buses in the USA, handling over 2.6 billion rides annually. Any negligence – whether through driver error or poor maintenance – can have serious consequences for many people.

The MTA is governed by the New York City Transit Authority (NYCTA), which covers up to a predetermined amount in no-fault benefits for reasonable economic damages. If you were a pedestrian injured on an MTA bus or subway, you must first file a claim through your own no-fault insurance coverage.

If you do not have coverage, you can submit a notice of claim to the agency’s No-Fault Claims Department soon after the accident occurs. The time limit to file a claim with the transit agency is different from the statute of limitations for pursuing a personal injury lawsuit.

In the notice of complaint form, you must include the time, date, and location of the event. You should also write a thorough description of what happened. Evidence in support of your claim will also help.

Additionally, a 50-H hearing, also known as a “statutory hearing,” is typically required before you can start a lawsuit against the MTA. Do not delay seeking the help of a lawyer who can help you properly prepare and submit your claim. If the MTA does not respond or pay within a reasonable timeframe, you can pursue legal action in court or file a complaint with the state.

Filing a notice of claim is among the first steps to seeking compensation with not only the MTA but also most government-owned public transportation and other agencies, including the following.

The Port Authority PABT and PATH systems

Located in Manhattan, the Port Authority Bus Terminal (PABT) is the busiest bus terminal in the world by volume, serving about 225,000 people on an average weekday and more than 65 million annually.

The Port Authority Trans-Hudson (PATH) system spans approximately 13.8 miles, connecting Manhattan with New Jersey’s urban communities. Since PABT bus operators and PATH cross state lines, when a train or bus accident occurs, the process of submitting a notice, filing a complaint, and pursuing a lawsuit may differ for your claim.

Additionally, the filing deadline is shorter than for personal injury cases or claims against the government. An experienced personal injury attorney can provide personalized legal guidance that enables you to make an informed decision.

Taxi and for-hire vehicles

Outside of NYC, taxicabs aren’t typically considered public transportation, but New York law considers them a “vital and integral part of the transportation system.” Taxis and for-hire vehicles (FHVs), such as the iconic Yellow Cab, are thus considered to be privately owned public transportation governed by the New York Taxi and Limousine Commission (TLC).

When an accident involving a taxi occurs, determining who is responsible and seeking compensation can be complex. There are differences in insurance requirements between various types of taxicabs.

All licensed taxi drivers, including individuals, must carry:

• No-fault insurance
• Third-party liability coverage on personal vehicles
• Liability coverage
• At least the minimum for injury or property damage
• No less than the maximum for bodily injury or death

Public taxi companies, also known as for-hire vehicle fleets, must possess the following coverage:

• The minimum liability per person per vehicle
• The minimum CSL per occurrence
• The minimum PIP (Personal Injury Protection)
• Personal injury insurance coverage for each vehicle
• The minimum coverage per occurrence for larger vehicles

E-Hail yellow and green taxicab providers must carry for each accident:

• Commercial General Liability Insurance
• Business Automobile Liability Insurance per occurrence
• Crime Insurance and Professional Liability Insurance per occurrence

Coverage for Medallion taxicabs, which are often driven by individual owner-operators or contractors, must include:

• The minimum liability coverage per person
• The minimum coverage per occurrence CSL
• The minimum Personal Injury Protection

According to one study, the majority of taxi drivers in the city are independent contractors while there are many unlicensed taxis as well. Why does that matter? Most hard-working independent drivers must carry their own commercial insurance and liability policies, which may provide less coverage than larger companies.

If your losses exceed an underinsured driver’s policy, you could have a long road to compensation and recovery ahead of you.

Unfortunately, many illegal cabs are also uninsured or only have the bare minimum insurance required of all NYC motorists. Since most personal insurance policies do not cover commercial use, injury victims harmed in an illegal cab accident may have difficulty getting monetary compensation.

If you are involved in a taxi collision, gather:

• The driver’s personal details
• Taxi medallion/cab number
• License plate number
• Insurance information
• Evidence from the scene

Multi-Party Public Transportation Accidents and Insurance Companies

Most public transit providers maintain commercial liability insurance or are self-insured. If multiple parties are involved, your claim might need to be coordinated among several insurers.

Negotiations with insurance companies and government entities can be challenging, and having experienced legal representation is helpful.

Our team can help you seek compensation for economic damages such as:

• Medical expenses: Costs for treatments, surgeries, medications, and rehabilitation
• Lost wages: Compensation for income lost due to the accident
• Property damage: Repair or replacement of damaged property

Understanding Your Legal Options

Along with the filing processes mentioned previously, you should seek an attorney’s guidance to develop a more thorough understanding of New York law. Be sure to take the following steps to build a strong personal injury claim or lawsuit.

Step 1: Seek medical attention immediately

Your health is paramount. Even if injuries seem minor, prompt medical treatment is essential – not only for recovery but also for creating a documented record of your injuries.

Step 2: Contact the police 

Call the police and ensure an official report is filed. A police report provides a neutral account of the accident and identifies the parties involved.

Step 3: Gather evidence

Collect as much evidence as possible, including:

• Photos and videos: Capture the accident scene, vehicle damage, and your injuries
• Witness information: Secure contact details and witness statements from anyone who saw the accident
• Medical records: Keep detailed records of emergency room visits, treatments, medical expenses, and medications
• Financial records: Track your lost wages and other financial losses so you can recover money; you may even be compensated for lost income-earning ability

Step 4: File your New York public transportation claim or lawsuit

With legal assistance from your attorney, you can file an injury claim against the responsible bus company, governmental entities, or another responsible party.

Your legal team can help with submitting evidence and working through negotiations with insurance companies or governmental entities. If necessary, your accident lawyer can take your case to court.

How Hill & Moin LLP Can Support Your Journey

At Hill & Moin LLP, we understand that public transportation accidents not only cause physical pain but also financial hardship, perhaps disrupting your life in ways you never imagined. However, you may find reassurance in the fact that New York’s legal system provides injured victims with multiple avenues to seek justice and recover compensation.

When our personal injury law firm takes on your case, we will support you every step of the way. Our goal is to make the legal process as understandable and stress-free as possible.

If you or a loved one has been injured while using public transportation in New York, do not face the aftermath alone. Contact the law firm of Hill & Moin LLP today to schedule a free consultation and learn your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

Comments closed

Eldrick Pressley, a music enthusiast from Yonkers, New York, found his life taking an unexpected turn while working as a plumber. One day, he fell into a trench at work, sustaining injuries that left him in severe pain. After being rushed to the hospital, doctors determined he needed surgery to recover. Faced with mounting medical bills and the desire to pursue justice, Eldrick decided to take legal action. He reached out to the attorneys at Hill & Moin, LLP, where he was welcomed with open arms. The team carefully walked him through every step of the legal process, making sure he was fully informed and comfortable along the way.

Eldrick was impressed by the level of care and attention he received throughout his case, commenting that working with Hill & Moin felt “like being part of the family.” The attorneys and staff kept him updated at every stage, providing the support he needed during such a challenging time. Thanks to their expertise and dedication, Eldrick’s case was settled for an incredible $1.7 million! Grateful for the outcome, he’s now planning to go back to school to pursue a degree in computer engineering. Eldrick gave his experience with Hill & Moin, LLP a glowing 5-star review, saying that Hill & Moin defined excellence and commitment to his case.

Comments closed

Construction site accidents are all too common in New York City. The types of injuries sustained in such incidents can have life-long repercussions. If you have been hurt in a construction accident, you may be facing a difficult recovery, emotional trauma, and financial hardships.

The Occupational Safety and Health Administration (OSHA) is a federal agency aiming to ensure safe working conditions across industries throughout the US. If OSHA violations caused you to suffer an injury in a New York construction accident, there may be serious penalties for the responsible parties. Additionally, OSHA violations may warrant pursuing a construction injury lawsuit.

In this article, we will take a closer look into OSHA’s construction workers’ rights and protections as well as common OSHA violations. We will also discuss how an OSHA citation may impact your construction accident case.

Understanding OSHA Construction Industry Rights and Regulations

OSHA has instituted a number of regulations governing construction site safety. These construction industry standards are regularly revised and updated. Workers are entitled to a safe workplace free of known health and safety hazards.

OSHA wants to protect workers by giving them the right to:

• Receive workplace health and safety training in a language you understand
• Work on machines that are safe
• Refuse to work in a situation in which you would be exposed to a hazard
• Receive required safety equipment, such as gloves or a harness and lifeline for falls
• Be protected from toxic chemicals
• Request an OSHA inspection and speak to the inspector
• Report an injury or illness, and get copies of your medical records
• Review records of work-related injuries and illnesses
• See results of tests taken to find workplace hazards
• Speak up about hazards without fear of retaliation

OSHA general regulations apply to most private sector and some public sector employers as well as their workers. Failing to uphold the safety code and employees’ rights can have grievous consequences for all involved.

Frequently Seen OSHA Violations

According to the US Bureau of Labor and Statistics, construction had the most fatalities among all private industry sectors in 2023. Regrettably, a number of these deaths could have been avoided had safety standards been followed.

OSHA publishes an annual list of the 10 most frequently cited standards following worksite inspections for all industries. Violating these standards brings to light the hazards faced by numerous construction workers.

The 10 most frequent safety and health violations in 2023 were:

1. Fall protection: In many instances, construction employers fail to provide the required fall protection equipment. These include safety harnesses, safety nets, guardrails, handrails, and stair railings.
2. Hazard communication: Chemical manufacturers are required by OSHA to prepare safety data sheets (SDS) and labels listing hazard information. Frequent violations include improper labeling, failure to maintain SDS, and inadequate training.
3. Ladders in construction: Ladders must be inspected regularly for structural defects and replaced if damaged. Common violations include failing to ensure the ladder could support the weight, using ladders on uneven surfaces, or using ladders for unintended purposes.
4. Scaffolding: Some common breaches of scaffolding regulations include structural instability, insufficient weight capacity, improper guardrails, and improper platforms.
5. Powered industrial trucks: This refers to forklifts or lift trucks, among others. Employers have received citations for failing to properly train, license, and evaluate operators or for not displaying vehicle capacities.
6. Control of hazardous energy (lockout/tagout): Energy sources, including electrical, chemical, mechanical, hydraulic, thermal, or pneumatic energy in machines could be released and be hazardous to workers. It is critical to establish control programs, train workers, and use lockout/tagout equipment properly.
7. Respiratory protection: Employers are responsible for training workers regarding the hazards of toxic fumes, gases, and vapors. Workers must be provided with personal protective equipment (PPE).
8. Fall protection: This standard refers to the failure of employers to train construction employees adequately on fall protection.
9. Eye and face protection: This refers to construction workers’ failure to use proper PPE. These may include safety glasses, face shields, earplugs, and respirators.
10. Machinery and machine guarding: OSHA requires conscientious safeguarding of any moving machine parts that could potentially cause injury. Employers have been cited for failing to install or incorrectly installing safeguards.

Properly implementing and following OSHA regulations can be a matter of life and death. If you have been injured or a loved one has died on a New York construction site, an experienced construction accident lawyer can advocate for you. He or she can investigate to determine whether OSHA standards were broken and ensure that all responsible parties are held accountable for your losses.

How OSHA Enforces Construction Site Standards

OSHA endeavors to protect construction workers by regularly inspecting construction sites. Right of Entry regulations have been instituted. These allow OSHA inspectors to ensure that federal laws and safety rules are enforced.

OSHA has the authority to cite employers for safety violations and to require that problems be corrected. Repeated or severe violations by construction companies and others can result in large fines and work-stop orders.

OSHA’s Construction Accident Reporting Requirements

Employers are legally required to promptly report serious injuries or fatalities to OSHA. An in-patient hospitalization, amputation, or eye loss must be reported within a very limited time frame. Reporting a workplace fatality is normally required within several hours of the incident.

An OSHA inspector will review the construction employer’s operations. Through a worksite investigation, any safety hazards will be documented. Furthermore, OSHA may investigate construction sites in response to complaints from workers that the company is breaching workplace safety standards.

The results of an OSHA investigation can significantly impact the results of a construction accident case in New York City. OSHA’s findings of willful noncompliance with federal laws and citations for violations can be used as evidence in a personal injury claim.

Seeking Compensation After a New York Construction Injury

An OSHA violation is a serious matter. Construction workers deserve just compensation when employers fail to uphold health and safety standards.

While workers’ compensation benefits generally provide medical and disability coverage to injured workers, there may be other avenues of restitution. Depending on the circumstances and severity of your work accident, you may be eligible to pursue a personal injury claim for additional compensation.

Injured construction workers may qualify for compensation for such things as:

• Medical expenses
• Lost wages
• Reduced earning capacity
• Disability benefits
• Emotional pain and suffering
• Wrongful death benefits

Construction accident cases can be complicated. It is advisable to consult an experienced personal injury lawyer after sustaining serious injuries. Your attorney can use his or her know-how and resources to pursue every avenue of compensation available.

Contact New York Construction Accident Lawyers Who Care

Construction site injuries can be terrifying. In New York State, employers are required to uphold OSHA standards for all construction workers. Recovering from a serious workplace accident can seem like an uphill battle – this is no time to go it alone.

The professional and compassionate construction accident lawyers at Hill & Moin LLP are the champions you need after a New York construction site injury. Our legal team well understands OSHA laws and regulations and how they apply to injury cases across the construction industry. When we take your case, we will do all in our power to ensure that all parties are held liable for unsafe workplace conditions.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Learn what our dedicated and results-oriented lawyers can do for you by calling (212) 668-6000 or filling out our online contact form to schedule a free case evaluation. 

Don’t wonder about your rights!

Comments closed

A serious slip-and-fall accident in New York City can upend your life in the blink of an eye. You may be facing life-altering physical injuries, emotional trauma, and financial insecurity. When you have been hurt due to unsafe conditions on someone else’s property, proving liability is a key factor in successfully pursuing compensation for what you have gone through.

Unfortunately, establishing negligence and liability in a slip and fall claim is not always a simple feat. That said, video footage can serve as valuable evidence in your case. It can showcase the circumstances that led up to your fall, your injuries, and what took place in the immediate aftermath of the accident.

In this article, we will review how surveillance footage can impact the outcome of your slip and fall case. Understanding how video evidence can be used to your benefit as well as the New York laws that apply to your situation will help you build a robust personal injury claim.

Proving Negligence in a NYC Slip-and-Fall Accident

Under New York law, you can hold a property owner or managing entity responsible for any personal injuries sustained while you were on their property if they were careless or negligent. To successfully pursue compensation, you must clearly prove that the party responsible failed to take reasonable steps to maintain the property and keep visitors safe.

To prove your slip-and-fall accident claim in New York City, you will need to provide evidence that:

• You were lawfully on the property where you fell
• The business or property owner was negligent – he or she knew or should have known about the hazardous condition on the property and yet failed to repair, rope off, or warn of the condition
• The negligence directly caused your injury

Video footage from the scene of the slip-and-fall accident can go a long way toward establishing what exactly happened. An experienced New York slip and fall attorney can act quickly to help you retrieve available surveillance footage before it is lost or tampered with.

Surveillance Footage Influence on Slip and Fall Claims

In New York State, fall-related injuries are the leading cause of injury hospitalizations among adults 25 years and older. Necessarily, a number of these accidents will result in legitimate slip and fall claims.

In 2024, there were approximately 25,000 security cameras spread across New York City’s 5 boroughs, so there is a good chance your slip-and-fall accident was caught on tape. Such video footage can aid your slip and fall case in several ways.

Surveillance footage can show who was at fault and expose unsafe conditions

As stated, establishing the owner’s negligence and liability is critical to successfully resolving a slip and fall case in New York City. Surveillance footage can help prove the property owner or manager’s fault for your accident if it captures the unsafe condition that caused you to slip. For instance, a wet floor in a retail store such as Target, Trader Joe’s, a fast food place like Burger King, Chick-fil-A, or Wendy’s, or a patch of ice on the sidewalk.

Furthermore, video footage can show what created the hazard and how long it was there before you fell, thereby indicating whether the owner should have reasonably known of the dangerous situation and done something about it.

Surveillance footage can show the extent of your injuries

Surveillance camera footage provides an objective view of your slip-and-fall accident. Thus, video recordings can give credence to the severity of your injuries.

After a fall, it is not uncommon for the property owner to question the extent of your injuries. In such instances, surveillance footage can verify medical reports and testimony. It may show that you were unable to get up without help, had hit your head during the fall, or were taken away by an ambulance.

Furthermore, video evidence may aid you in recovering damages for non-economic losses such as pain and suffering. Along with other evidence, surveillance footage can prove that your injuries meet New York Insurance Law’s serious injury threshold.

Contact New York Fall Accident Lawyers for the Help You Deserve

A slip-and-fall accident on someone else’s property can be devastating – impacting nearly every aspect of your life. After such a traumatic event, you need a compassionate and experienced legal advocate on your side.

It is in your best interests to contact a lawyer as soon as possible. At Hill & Moin LLP, we can help you throughout the entire legal process when we take on your case, ensuring that all possible recourse is taken and no deadlines are missed. Our personal injury lawyers are adept at handling even the most challenging aspects of any slip and fall claim. This includes recovering any surveillance and visual evidence of the events that took place.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Learn how our dedicated legal team can help you secure your future. We serve slip and fall injury victims in Manhattan, Queens, Brooklyn, Bronx, Staten Island, and Nassau County. Call (212) 668-6000 or fill out our online contact form for a free consultation. 

Don’t wonder about your rights!

Comments closed

Did you know that distracted driving is one of the leading causes of car crashes in NYC? According to the New York City Department of Health and Mental Hygiene’s Epi Data Brief No. 87 for 2015, 19 percent of NYC drivers 18 years and older texted or emailed while driving. Distracted driving has led to increasingly severe accidents and complex legal cases.

Living in a bustling city like New York means dealing with distracted drivers is an unfortunate reality. Between delivery vehicles rushing to meet deadlines, taxi drivers, or rideshare drivers checking their apps, and everyday commuters multitasking behind the wheel, the risks continue to grow.

This comprehensive guide examines how New York’s distracted driving laws influence accident claims, legal consequences, insurance coverage, and the compensation you may be entitled to receive.

How Compensation Works in NYC Car Accident Cases

New York uses a “no-fault” insurance system. This means your insurance provider will offer initial coverage for medical costs and lost pay regardless of who caused the accident. If distracted driving causes significant injuries, you may be eligible for further compensation.

What is compensation?

Compensation, also known as compensatory damages, is the money a victim receives after filing a car accident claim. Compensatory damages help injured victims recover losses after a car accident. These damages include both present losses and future costs associated with your injury.

Can anyone get compensation after a car accident?

Receiving compensation for accidents that happened because of distracted driving is not as easy as some may think. Key factors come into play.

Firstly, insurance companies must examine a variety of criteria when determining compensation, including:

• The severity of the injuries experienced
• The impact on your capacity to work
• The overall effect on your quality of life

The presence of distracted driving often strengthens claims for additional compensation.

What is negligence in a car accident claim?

With distracted driving cases, as with any other car accident case, you have to prove that the other driver was negligent.

An experienced lawyer can help you gather evidence to prove the distracted driver was doing things such as the following:

• Texting
• Eating
• Grooming
• Watching a video

How Distracted Driving Impacts Compensation

The link between driver conduct and settlements for damage is important in distracted driving cases. Insurance companies and courts view accidents caused by distracted driving as serious forms of negligence that could have been avoided. This often leads to higher compensation payments for injured victims.

Strong evidence can support a distracted driving injury claim and increase the chances of maximum compensation. Key types of evidence include:

• Cell phone records can prove the at-fault driver was texting or calling at the time of the crash
• Witness statements provide firsthand accounts of distracted driving behavior
• Medical records show the full extent of injuries and link them to the accident
• Injury documentation strengthens the argument for fair compensation
• Psychological impact and trauma can influence non-economic damage awards

When combined, this evidence builds a compelling case for holding distracted drivers accountable.

Types of Damages in NYC Car Accident Cases

Personal injury damages are the financial compensation awarded to injured car accident victims.

These damages are broken up into 3 categories:

1. Economic damages
2. Non-economic damages
3. Punitive damages

Economic damages in a personal injury claim

Medical expenses form a significant portion of economic damages in distracted driving accident cases.

Medical costs may include:

• Emergency treatment
• Hospital stays
• Surgeries
• Rehabilitation services
• Ongoing care needs

Lost wages are another major component of economic damage. When serious injuries prevent you from working, you deserve compensation for lost income and benefits.

Loss of future earning capacity is another loss your accident attorney can help calculate. This is an important consideration, especially in cases involving permanent disabilities or limitations.

Property damage claims cover vehicle repairs or replacement and any personal property damaged in the crash. Additional economic damages may include transportation costs and home modifications.

Non-economic damages in a personal injury claim

Non-economic damages compensate for the physical pain and emotional toll of an injury. These losses, while not tied to specific financial costs, can significantly impact a victim’s quality of life.

Some examples of non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Psychological harm
• Personal testimonies and evaluations

While harder to quantify, non-economic damages are essential for securing fair compensation.

Distracted Driving Laws in New York City

New York City takes distracted driving seriously, with strict laws designed to protect everyone on the road. According to the New York State Governor’s Traffic Safety Committee, drivers are prohibited from using portable electronic devices behind the wheel. Violating this law can result in serious penalties.

Cell phone usage laws in NYC

Using a cell phone is one of the most common causes of a distracted driving accident. New York maintains strict laws regarding cell phone use while driving. Section 1225-C of the Vehicle & Traffic Law makes it illegal to use a mobile phone while driving a car unless you’re using a hands-free device.

Here’s a simple breakdown of what this means:

• You can’t hold your phone to your ear or make calls while driving, even if you’re stopped in traffic
• Holding the phone to your ear or dialing by pressing more than one button counts as using the phone
• Fines for breaking the law range in cost greatly for a first offense and repeat violations within a certain time period
• Commercial drivers are prohibited from using hand-held phones while on the road, even when stopped in traffic

There are a few exceptions to the law. You are allowed to use your phone in emergencies to contact police, fire, or medical services. Public safety officers, like police officers, can use their phones while on duty.

In-vehicle distractions

NYC traffic laws don’t just talk about cell phones – it covers any portable electronic device. Section 1225-d of the New York law discusses the restrictions on using portable electronic devices while driving.

Restricted devices include:

• Personal Digital Assistants (PDAs)
• Hand-held devices with mobile data access (like tablets)
• Laptops
• Pagers
• Broadband communication devices
• Two-way messaging devices
• Electronic games
• Portable computing devices

Basically, it refers to any device that you can use to send, receive, write, or read text for communication purposes – whether it’s a message, email, or other form of text.

Today’s vehicles come with advanced infotainment systems and displays that can easily take a driver’s attention off the road. Whether it’s programming navigation, changing the climate controls, or browsing music, these actions create dangerous distractions. To stay safe, drivers should set up everything before hitting the road and rely on voice commands whenever possible.

Other common distractions

Children and passengers can create significant distractions for drivers. Attempting to manage passenger behavior or retrieve dropped items while driving demonstrates poor judgment that endangers others. These distractions frequently contribute to serious motor vehicle accidents.

Eating and drinking can also lead to distracted driving accidents. Spills or dropped items can trigger sudden reactions that lead to crashes. Evidence of food containers or beverage spills often helps establish distracted driving as a cause.

New York’s Section 1227 bans drinking alcohol or using cannabis, as well as having open alcohol containers in vehicles on public roads. Drivers and passengers who break this rule can get a traffic ticket. However, passengers in certain vehicles with special permits are allowed to drink or have open containers.

Punitive Damages in New York City

Section 70-A of New York’s Civil Practice Law and Rules addresses the recovery of damages, like punitive damages. Punitive damages are a type of compensation awarded in addition to regular damages in a lawsuit. They are intended to punish a defendant for particularly harmful, reckless, or malicious conduct.

When Are Punitive Damages Available?

Punitive damages may be available in circumstances involving extremely excessive distracted driving behavior. These additional damages serve to punish, especially serious reckless driving conduct and deter similar reckless behavior by others.

An experienced car accident lawyer can help you gather evidence proving the following:

• The distracted driver’s willful negligence
• The driver’s conscious disregard for safety
• The driver’s history of dangerous behavior

Building a Strong Distracted Driving Case

After an accident, gathering evidence quickly and thoroughly is essential for building a strong case. Taking immediate action protects your legal rights and supports your claim.

It is important to do the following:

• Take photos of the accident scene, vehicle damage, and any visible injuries
• Collect witness contact information before memories fade
• Get a copy of the police report
• Work with a personal injury lawyer

Contacting an experienced car accident attorney early ensures that all necessary evidence is properly collected and preserved, helping you pursue the compensation you deserve.

Contact an NYC Car Accident Lawyer Today

Don’t let a distracted driving injury interrupt your life and cause serious injuries. The experienced personal injury attorneys here at Hill & Moin LLP are here to help accident victims understand the legal process and fight for the best possible outcome.

With years of experience backing us up, we have helped secure millions of dollars in compensation for injured New Yorkers. We focus on providing excellent service and strong legal representation to every client.

If you’ve been injured in a car accident, don’t hesitate to get help. Contact a New York City car accident lawyer at Hill & Moin for a free consultation. Our experienced personal injury attorneys will evaluate your personal injury case and explain how we can assist you. Let us put our Personal Injury Recovery Solutions® to work for you and fight for the compensation you deserve.

Don’t wonder about your rights!

Comments closed

In years past, New York State has reported over 1 million injury-related emergency room visits annually in recent years. Suffering a personal injury in New York City presents unique challenges that can impact your ability to secure fair compensation.

The city’s complex legal landscape creates a minefield of potential missteps for injury victims. Even a seemingly minor error can have serious consequences. Avoiding these common mistakes can protect your rights and maximize your recovery.

The high stakes involved in NYC personal injury cases make it essential to approach the claims process with caution and care. By understanding the pitfalls and taking proactive steps to build a strong case, you can position yourself for success.

Why Are Personal Injury Cases in New York Challenging?

New York City’s laws and regulations on personal injury cases can be difficult to navigate without experienced legal guidance.

New York is a no-fault state

No-fault insurance means that if you are injured in a car accident, your insurance pays for your losses – no matter who caused the crash. This is also called Personal Injury Protection (PIP) and is required for all registered vehicles in New York.

Here are some rules under New York’s no-fault system:

• Your own insurance company covers medical expenses, economic losses, and death benefits up to a certain limit
• Your injuries must meet the state’s “serious injury” threshold before you can step outside the no-fault system and pursue a claim against the at-fault party
• Specific filing deadlines and procedural requirements apply

How PIP and a claim work together

In New York, Personal Injury Protection (PIP) ensures that accident victims receive immediate medical coverage and lost wages, regardless of fault. However, if your injuries are severe or your costs exceed PIP limits, you may need to pursue a personal injury claim against the at-fault driver.

The law states the following rules:

• You must use your PIP benefits first before seeking compensation from the at-fault driver
• You can file a lawsuit if your damages exceed PIP limits (e.g., medical bills over $50,000 or serious injuries)
• You may seek compensation for pain and suffering through a lawsuit, as PIP does not cover non-economic damages

Why Prompt Medical Care Matters for Your Health and Personal Injury Case

One of the most common and consequential mistakes personal injury victims make is delaying or forgoing medical care after an accident. However, many serious conditions may not present obvious symptoms right away.

Getting prompt medical attention is vital for several reasons:

• A prompt diagnosis helps doctors catch issues early, improving your recovery and long-term health
• Immediate medical records create a clear link between your injuries and the accident, making it easier to prove your claim
• Waiting too long can weaken your case, as insurance companies may argue your injuries are unrelated to the accident

Remember, insurers may also point to gaps in treatment to justify lowball settlement offers. To protect your health and your right to fair compensation, seek medical attention as soon as possible after an injury. Be sure to follow your doctor’s recommendations regularly.

Evidence Collection Mistakes to Avoid

In the chaos following an accident, it’s easy to overlook the importance of gathering evidence. The quality of the documents you collect can make or break your personal injury claim.

To create a strong foundation for your personal injury claim, focus on the following:

• Take extensive photos of the accident scene, your injuries, and any property damage
• Get contact information for witnesses who can corroborate your version of events
• File a detailed accident report with the appropriate authorities
• Keep a personal log of how the injury impacts your daily life, including missed work, medical appointments, and pain levels

It can be tempting to rely on the police or insurance companies to collect evidence, but it’s better to be as hands-on as possible. This can be difficult when you’re unfamiliar with the law or struggling with injuries. That is why we recommend working with an experienced personal injury lawyer who will keep a close eye on the evidence gathering and ensure nothing falls through the cracks.

Don’t Fall for the Insurance Company Interview Trap

After reporting an accident to the relevant insurers, you will likely be contacted by an insurance adjuster. He or she may request a recorded statement about what happened, which may seem like a routine part of the claims process. However, providing a recorded statement without first consulting a personal injury attorney can be a costly mistake.

Insurance adjusters are trained to ask questions to get you to:

• Downplay the severity of your injuries
• Admit fault or apologize for the accident
• Make statements that contradict your official accident report or medical records
• Discuss pre-existing conditions or prior injuries without proper context

To protect yourself, politely decline any requests for a recorded statement and instead direct all communication through your personal injury attorney. Your lawyer can help you prepare for these conversations and negotiate with insurers on your behalf.

Why Quick Settlement Offers Are Often a Red Flag

In the aftermath of a serious injury, the financial pressures can be immense. All the losses an injured victim faces can make a quick settlement look like the best option. However, a quick settlement might not be enough to cover your losses.

On top of your immediate expenses, you might need compensation for:

• Future medical treatment, rehabilitation, and therapy
• Modifications to your home or vehicle to accommodate a disability
• Lost earning potential and diminished quality of life
• Ongoing pain, suffering, and emotional distress

Once you accept a settlement offer, you typically waive your right to pursue further compensation. That means even if your condition worsens or new injury-related expenses arise, the case is over. It’s vital to work with an experienced personal injury attorney who can help you assess the full value of your personal injury claim.

The Importance of Keeping Your Case Off Social Media

In today’s digital age, social media has become a part of daily life. However, for personal injury victims, social media activity can have serious unintended consequences. Your actions could undermine the credibility and value of your personal injury claim. Even seemingly innocent posts, like travel or daily life updates, can be used against you.

These posts can be taken out of context and used to argue that your injuries are not as severe as claimed. The insurer or defense attorney could even claim that you have made a faster recovery than you are reporting.

To protect the integrity of your personal injury case:

• Avoid posting about the accident, your injuries, or the legal proceedings
• Be mindful of the privacy settings on your accounts and limit public access to your profiles
• Ask friends and family members to refrain from tagging you in posts or discussing your accident online
• Consider suspending your social media activity altogether until your case is resolved

Remember, even if you haven’t done anything wrong, any inconsistency between your social media and your claimed injuries can make insurance adjusters and juries doubt your case.

NYC Personal Injury Time Limits and Legal Deadlines

Every personal injury case is subject to strict time limits, known as statutes of limitations. This statute lets you know how long you have to file a personal injury lawsuit. In New York, the statute of limitations may differ.

Here are some examples of personal injury cases that have differing deadlines:

• Slip-and-fall accidents
• Car accidents
• Product liability
• Medical malpractice

Acting quickly to protect your legal rights is crucial. Building a strong personal injury case takes time. The longer you wait, the more difficult it may become to gather evidence and connect your injuries to the accident. To ensure that your rights are protected, consult a knowledgeable personal injury attorney as soon as possible after your accident.

Contact an NYC Attorney and Protect Your Right to Compensation

Suffering a personal injury in New York City can be a life-altering experience, impacting your health, finances, and future. By being aware of the common mistakes that can jeopardize your personal injury claim, you can position yourself for a successful recovery.

Remember, the insurance companies and at-fault parties have teams of lawyers working to minimize their liability and limit your compensation. You need a strong advocate in your corner who will fight for your interests.

Learn how Hill & Moin’s Personal Injury Recovery SolutionsⓇ can help you move forward after an accident. Contact the experienced personal injury attorneys at Hill & Moin today to schedule a free consultation. Don’t wonder about your rights. Call us or fill out our online contact form to talk to a firm with 60 years of trial experience and confidence. 

Don’t wonder about your rights!

Comments closed

Francine Kaley, a Brooklyn native with a love for roller skating and gardening, found her life upended one August when she tripped and fell in her apartment building, injuring her knee. The accident left her in constant pain and with an uncertain future. Determined to seek justice, Francine turned to the law office of Hill & Moin, LLP after finding them online. She was drawn to their reputation as a female-led firm and felt confident that they could help her navigate the legal complexities of her case.

Upon meeting with the attorneys at Hill & Moin, Francine was impressed by their professionalism and personal approach. They took the time to listen to her concerns, clearly outlined the next steps, and worked with her to develop a plan of action for her case. The communication throughout the process was exceptional, and Francine always felt supported and informed at every stage. Thanks to the firm’s dedication and hard work, she ultimately received a $350,000 settlement for her injuries.

Now, with her settlement in hand, Francine plans to use the funds to pay off her mortgage and care for her mother. Reflecting on her experience with Hill & Moin, she gave the firm a glowing 5-star review, praising the attorneys and staff for their unwavering support and excellent communication. For Francine, the legal team not only helped her secure compensation but also provided the peace of mind she needed to move forward with her life.

Comments closed

Life can change in an instant, and for one man, it changed while he was doing something as routine as climbing a ladder on the job as a gardener. While shaping up a tree as part of his work routine, he fell from a ladder, sustaining a back injury that ultimately required screws to stabilize his spine. Would he be able to return to work? How would he make ends meet? What would life look like after such a traumatic injury? The answers to these questions weren’t clear, and he found himself needing the support of a skilled attorney to navigate the complexities of a personal injury case. After hearing great things from other attorneys, he decided to contact Hill & Moin.

From the first consultation, he was impressed by the professionalism and compassion of the staff. Hill & Moin not only handled his case expertly but also supported him through every step of his recovery. The team assisted with scheduling appointments and ensured he had everything he needed, providing peace of mind during a very stressful time.

When it came time for the legal proceedings, Hill & Moin’s efforts paid off. The settlement they secured for him was far greater than he had ever hoped. He was grateful for how the attorneys fought for his best interests, ensuring that he received a settlement that would truly help him move forward with his life.

When asked how he would rate his experience with Hill & Moin out of five stars, Ventura didn’t hesitate. “Five,” he said. “And more if I could.” He was beyond impressed with not only the outcome of his case but also the level of care and attention he received throughout the entire process. It was clear that Hill & Moin had earned his complete trust and gratitude.

The settlement of the case gave him the financial freedom he needed to start thinking about the next chapter of his life. After much thought, he is considering moving back to Guatemala to buy a house. For him, it wasn’t just about financial compensation, it was about finding a fresh start and a way to rebuild after the trauma of his work injury and recent family deaths. We’re honored to have been a part of his journey and wish him all the best as he begins the next chapter of his life in Guatemala.

Comments closed