Category:

New York City is home to millions of people – and their pets. While most dogs are friendly, dog bites and attacks can and do happen in NYC. Whether it’s a minor nip or a severe attack, knowing what to do immediately afterward is crucial for protecting your health and legal rights.

New York has specific laws governing dog owners’ liability. Properly documenting evidence can make the difference between a denied insurance claim and fair compensation for your losses.

At Hill & Moin LLP, we’re dedicated to helping dog bite victims get the compensation they deserve. In this blog, we will explain what steps to take to preserve evidence after a dog attack.

Get Immediate Medical Attention After a New York City Dog Bite

Your health always comes first. Dog bites carry a high risk of infection, scarring, and other complications.

Follow these essential steps:

• Call 911 if necessary. If the wound is deep, bleeding heavily, or the victim is a child or elderly person, call for emergency help immediately.

• Clean the wound. If possible, wash the dog bite gently with soap and water to reduce infection and risk.

• Seek professional care promptly. Even if the wound seems minor, visit a doctor or an urgent care clinic right away. Some dog bite injuries might not be immediately obvious.

• Follow all medical advice. Complete the full course of any prescribed medication, such as antibiotics or rabies vaccine.

• Keep copies of medical records. Request copies of all medical reports, hospital bills, prescriptions, and treatment plans. These are vital evidence of your dog bite injuries and medical treatment costs.

Identify the Dog and Its Owner

In New York City, the dog owner is typically liable for damages their dog causes. This is especially true if the owner knew or should have known the dog was dangerous. However, you must know who the owner is to file a personal injury claim.

If possible, request important information:

• Ask for the dog owner’s contact information. Politely ask for the dog owner’s name, address, and phone number. If they refuse, try to note where they live or follow up with neighbors in the area.

• Document the dog’s details. Write down the breed, color, size, and any unique markings. Take photos or videos of the dog if it’s safe to do so.

• Request vaccination records. Ask if the dog is up to date on rabies shots and request proof. This can determine whether you need post-exposure rabies treatment.

Take Photos of Dog Bite Injuries and the Scene

Clear, detailed photos can be one of the most compelling pieces of evidence in a New York City dog bite case.

Immediately after the incident, if you’re physically able (or have someone to help you), take pictures of the following:

• Your injuries: Take close-up photos of bite marks, scratches, bruises, torn clothing, or other injuries caused by the animal attack.

• The healing process: If possible, document the progression of your injuries as they heal. This is evidence of how long your recovery takes and the full impact of your dog bite injuries.

• The dog: If you are able, take photos of the dog involved. Include identifying features, the collar, and any tags.

• The dog owner: Snap a picture of the owner if you can do so discreetly, as well as where the dog was restrained or unleashed.

• The scene: Document where the dog bite occurred, including street signs, landmarks, or any relevant conditions like broken fences or open gates.

Speak to Eyewitnesses After Your NYC Dog Bite Attack

Dog bites often happen in public areas or in front of neighbors, passersby, or building staff. Witnesses play an important role in providing additional support for your dog bite claim.

Their statements may help corroborate your version of events. They may also protect you against claims that you provoked the dog or trespassed.

Here’s what to do:

• Politely ask witnesses for their full names and contact information
• Write down or record their version of what they saw while it’s fresh in their minds
• If possible, ask them to sign and date a brief written statement

The Importance of Filing a Report After a New York Dog Bite

In New York City, filing an official report with the local authorities:

• Creates a legal record: It provides an objective account of the incident that can be used as evidence in negotiations or litigation.

• Identifies the dog and owner: Reports can enable local authorities to track down the dog’s vaccination status. They can also help determine whether it has a history of aggressive behavior.

• Initiates an investigation: Local animal control officers and health departments can follow up to assess the risk posed by the dog to others.

• Establishes timelines: The date and time of the report become part of the evidence timeline, which is critical in a dog bite case.

• Demonstrate responsibility: Promptly filing a report shows you took the incident seriously and helps validate your dog bite claim.

You can report a dog bite by calling 311. You can also visit the NYC Department of Health website to report the bite. Be sure to request a copy of the filed report for your records.

If the dog is a threat to public safety, contact the New York Police Department or the local Animal Care Centers of NYC.

Keep a Personal Injury Journal

A personal injury journal is an invaluable record of how the dog bite has affected your daily life.

In it, write down:

• Daily pain levels and symptoms
• Emotional impacts (fear, anxiety, sleep loss)
• Missed work, school, or social activities
• Doctor appointments and medical advice
• Restrictions on movement or activities
• Progress during recovery

Date each entry. This diary can humanize your dog bite injury case. A journal demonstrates the long-term effects that photos and medical records alone cannot fully capture.

Record All Related Dog Bite Injury Expenses

Financial documentation is needed to get back full compensation for damages. Keep receipts, bills, and bank statements for all expenses related to the dog bite.

This could include:

• Medical bills
• Prescriptions and over-the-counter medications
• Transportation costs to medical appointments
• Physical therapy or rehabilitation
• Counseling or mental health treatment
• Lost wages due to time off of work
• Costs of replacing or repairing damaged personal property (clothing, glasses, etc.)

Organize these receipts in a dedicated folder or digital file. This detailed record helps your attorney calculate fair compensation and supports your claim for both economic and non-economic damages.

How a New York Dog Bite Lawyer Can Help

Even when you do everything right, dog bite claims can be complicated.

An experienced New York dog bite lawyer can:

• Investigate thoroughly: Experienced dog bite attorneys can gather additional evidence, contact witnesses, and request surveillance footage. They can also obtain veterinary records to get the dog’s history of aggression.

• Prove liability: In New York, owners can be held liable under common law or local ordinances. A dog bite lawyer knows how to prove that the dog had a vicious propensity or that the owner was negligent.

• Handle the insurance company: Insurers often try to downplay injuries or blame the victim. Your personal injury lawyer negotiates aggressively to protect your legal rights.

• File a personal injury lawsuit if needed: If a fair settlement cannot be reached, your lawyer can file a lawsuit and represent you in court.

• Maximize your compensation: Attorneys know how to calculate the true cost of medical bills, future healthcare treatment, lost income, pain, emotional trauma, and disfigurement. They make sure you’re not shortchanged on compensation.

Frequently Asked Questions (FAQs) After a NYC Dog Bite Attack

What if I was bitten and don’t know who owns the dog?

Call 311 or the NYPD immediately. Animal control can investigate. Witnesses and security cameras may also help identify the dog’s owner.

What if the dog owner denies the bite happened?

That’s why evidence is crucial. Medical records, photos, witness statements, and official reports can prove your claim even if the dog owner disputes it.

Is the dog owner always liable in NYC?

New York laws apply a modified version of the “one-bite rule.” If the dog was known to be aggressive and the owner failed to control it, the owner could be held liable for injuries. An attorney can evaluate your case and help prove liability.

Should I talk to the dog owner’s insurance company?

Do not give a recorded statement or accept a settlement without speaking to a dog bite lawyer first. Insurance adjusters aim to minimize payouts.

How long do I have to file a dog bite claim in New York City?

You have limited time from the date of the bite to file a personal injury lawsuit in New York. However, if a child is bitten, the time limit may be extended. Speak with an attorney as soon as possible to avoid missing deadlines

Can I get compensation if I was attacked by a stray dog?

It’s more challenging but not impossible. If a landlord, property owner, or another party negligently allowed stray dogs to pose a danger, you might still have a case. A dog bite lawyer can help investigate your options.

How much does it cost to hire a dog bite lawyer?

Most New York dog bite lawyers work on a contingency fee basis. This means you pay nothing upfront, and the lawyer only gets paid if you win a settlement or verdict.

Schedule a Free Consultation With a Dog Bite Attorney Today

Suffering a dog bite can be traumatic, painful, and confusing. However, how you handle the aftermath can make all the difference in securing the justice and compensation you deserve. Carefully documenting evidence is not just a step in the legal process; it’s the foundation of a strong personal injury claim.

The legal team at Hill & Moin LLP understands the challenges New Yorkers face after a dog attack. If you or a loved one has been bitten by a dog, don’t wait – reach out to us today for a free consultation. Let us help you hold negligent owners accountable while you focus on healing from your injuries.

Your recovery matters. Your evidence matters. And we’re here to make sure it all counts. Contact Hill & Moin today for a free consultation to discuss your rights and Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

Comments closed

In a personal injury case, a deposition is a critical part of the discovery process that allows both sides to gather information and prepare for trial. This phase is an opportunity for you to tell your side of the story in detail. You’ll be asked to answer questions about the accident and your injuries as well as to clarify facts that could affect the outcome of your claim.

For many people, the idea of being questioned under oath can feel intimidating. However, understanding what to expect can help you feel more confident and prepared.

In this article, we’ll break down what a deposition is, how to prepare for it, and what kinds of questions you might face. With the right preparation and the support of a personal injury lawyer, you can approach your deposition with confidence.

What Is a Deposition Hearing?

A deposition is a tool used as part of the pre-trial information gathering process for personal injury cases. It is a formal interview conducted under oath, usually outside of court, as part of the discovery process in a lawsuit.

During a deposition, a lawyer for the opposing side, usually the insurance company’s lawyer, asks you questions. The question will typically be about your accident, injuries, medical treatment, and the impact the incident has had on your life.

A court reporter records everything said during the deposition and creates a written transcript that may be used later in court.

Understanding the Purpose of a Deposition

What is the point of having to sit through a deposition? There are several reasons why a deposition is an important part of the legal process in a personal injury claim.

The main purposes of a deposition are to:

• Gather facts: Attorneys use depositions to learn what a witness or plaintiff knows about the case.

• Preserve testimony: Your answers are recorded by a court reporter or a videographer so they can be referenced at trial if needed.

• Evaluate credibility: Opposing counsel uses the deposition to observe how you present yourself and whether your story remains consistent.

• Encourage settlement: Sometimes, depositions clarify the strengths or weaknesses of a case. This can lead both sides to negotiate a settlement rather than proceed to trial.

How to Prepare for a Deposition

Keep in mind that a deposition is not a cross-examination like you see in movies. It’s simply a fact-finding session. Thorough preparation is the best way to protect your interests and reduce stress.

Here are some things to keep in mind while getting ready to give deposition testimony:

• Meet with your attorney ahead of time. Your personal injury attorney will schedule a prep session with you. Your lawyer will review what to expect, help you to practice answering common questions, and explain what topics may arise. This is your chance to ask questions and clarify anything you don’t understand.

• Review the facts of your personal injury case. Refresh your memory about the incident, your injuries, medical treatment, and how your life has been affected. Review any accident reports, medical records, or notes you have.

• Practice staying calm and answering clearly. Always listen to the full question before answering. Take your time and remain calm – it’s okay to pause and think. Answer only what was asked. If you don’t know or don’t remember, say so honestly. Never guess.

• Be honest and avoid exaggerating. Stick to the facts. Trying to minimize or exaggerate details can damage your credibility and harm your case.

• Bring what you need, but don’t volunteer extra information. Bring any documents your attorney asks you to, but don’t offer unsolicited details. Answer only what you’re asked – no more, no less.

• Plan ahead. Get a good night’s sleep and eat before the deposition. Plan your day so you’re not rushed or distracted.

Who Will Be Present At a Deposition?

Knowing who will be in the room can make the experience less intimidating. Here’s who you can expect:

• You: As the injured party bringing the personal injury claim, you are the primary witness providing information about what happened and how it has affected you.

• Your personal injury attorney: Your lawyer will be by your side throughout the deposition to protect your legal rights. He or she will also make objections if necessary and ensure that questions are appropriate and fair.

• The opposing attorney: Typically, the lawyer for the defendant will ask you most of the questions.

• A court reporter: This neutral professional records everything that is said and later prepares an official transcript of the deposition.

• An insurance adjuster or representative: In some cases, a representative for the insurance company or the defendant may attend to listen but may not usually ask questions.

• The defendant: While not common in personal injury cases, the person or company you are suing may sometimes attend.

How Long Does a Deposition Take?

The length of a deposition can vary widely based on the complexity of the case and the number of questions asked. On average, a personal injury deposition may last anywhere from 1 to 3 hours. However, more complex cases can take an entire day or even multiple days in rare circumstances.

Factors that affect the duration of the deposition process include:

• The number of parties involved
• The extent of your injuries and medical history
• How detailed or contentious the case is
• Whether any breaks are taken for lunch or private attorney consultations

Your personal injury attorney can give you a better estimate based on your specific case. Your lawyer will ensure you are comfortable throughout the deposition process and allow you to take a break if needed.

Types of Questions That May Be Asked During a Deposition

Being prepared for the kinds of deposition questions you might face can help reduce anxiety. While every deposition is unique, most questions fall into several common categories.

Background and personal information

The opposing attorney will usually start with basic background questions to get general information about you, such as:

• Your full name, current address, and date of birth
• Your education and employment history
• Your family situation and living arrangements
• Past residences and any prior legal history

Medical history

Expect detailed questions about your medical history, both before and after the incident:

• Pre-existing conditions or prior injuries
• Previous hospitalizations or surgeries
• Your health and physical condition before the accident
• Your current medical treatment

Details about the accident

You will be asked to describe exactly how the incident occurred, in your own words:

• Where and when it happened
• What were you doing at the time
• Who was present
• Weather, lightning, and other conditions
• Any statements you made at the scene
• What happened immediately afterward

Injuries and impact on your life

You will discuss the nature and extent of your injuries and how they have affected your daily life:

• Pain levels and physical limitations
• Impact on your work and ability to earn income
• Effect on hobbies, activities, and relationships
• Psychological or emotional effects

Treatment and recovery

The opposing attorney will want to know:

• Doctors you have seen and treatments you have undergone
• Medications you take
• Future medical treatments you may need
• How consistently you have followed your doctor’s advice

Damages and expenses

Questions may cover:

• Medical bills and out-of-pocket expenses
• Lost wages or loss of earning capacity
• Any property damage
• Other financial losses due to injury

Prior claims or lawsuits

The defense attorney may ask about any previous claims you have filed:

• Personal injury lawsuits
• Workers’ compensation claims
• Disability or insurance claims

Common Pitfalls to Avoid During Your Deposition

Statistics show that someone in the US is accidentally injured every second in a preventable accident. If you have been harmed in a personal injury accident, you deserve fair compensation. However, your testimony during a deposition can significantly impact the outcome of your case.

Avoid these common mistakes:

• Guessing or speculating: Don’t ever guess an answer. What if you don’t know or can’t remember something? It’s perfectly acceptable to say so.

• Volunteering extra information: Answer only the question asked. Do not offer additional details or explanations unless requested. Long-winded answers can create inconsistencies or open the door to more probing questions.

• Getting defensive or argumentative: Stay calm and composed. If you feel provoked, take a breath and answer politely. Losing your temper may undermine your credibility.

• Speaking in absolutes: Avoid definitive statements like “always” or “never” unless you’re certain. Such words may be used later to discredit you if evidence suggests otherwise.

• Forgetting it’s on the record: Remember, everything you say is being transcribed. Avoid jokes, sarcasm, or offhand remarks – they can be misinterpreted or used against you later.

• Failing to review key facts ahead of time: Work with your attorney beforehand to review accident reports, medical records, and other relevant documents. This can help you feel confident and accurate in your answers.

What Happens After Your Deposition?

After finishing your deposition, you may be wondering, “What comes next?”

Here’s what typically happens after your deposition is complete:

• Transcript review: The court reporter will prepare a written transcript. You and your lawyer will have the opportunity to review it for accuracy.

• Discovery continues: Both sides may conduct additional discovery – gathering more evidence, obtaining expert reports, or taking depositions if needed.

• Negotiations and settlement talks: Once both parties have a clearer picture of the facts, settlement discussions often become more serious. Many personal injury cases settle at this stage.

• Mediation or Alternative Dispute Resolution (ADR): If settlement negotiations fail, the parties may still agree to mediation – a structured negotiation facilitated by a neutral third party.

• Trial preparation: If your case does not settle, your personal injury lawyer may prepare to take your case to trial. Your deposition can be used at trial to support or challenge your in-court testimony.

The Personal Injury Attorneys at Hill & Moin Are Here to Help

At Hill & Moin, we understand that the idea of a deposition can be stressful. Our experienced team can guide you through every step. We make sure our clients are well-prepared and will stand by their side throughout the whole process.

If you have questions about your upcoming deposition or any aspect of your personal injury claim, don’t hesitate to reach out to our law firm. We’re here to protect your rights, advocate on your behalf, and help you focus on what matters most: your recovery.

We take personal injury cases on contingency, which means you don’t pay any upfront costs or fees. Contact us today for a free consultation to learn about your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!

Comments closed

When you’re dealing with the aftermath of a personal injury, it can feel like you’re behind, trying to piece your life back together, while the world keeps moving forward. Whether you’re recovering from a car crash or a slip-and-fall accident, your mind may be foggy, your body in pain, and your sense of justice deeply shaken.

With all you have to worry about, it might seem impossible to recall every detail of the accident – or get true justice. That’s where witness statements step in as powerful tools for truth, clarity, and ultimately justice. Eyewitnesses who can confirm the facts, character witnesses who illustrate how this incident has affected you, and expert witnesses who lend authority to your claim can strengthen your case.

At Hill & Moin, we’ve helped countless clients piece together what happened in the aftermath of accidents. We understand how overwhelming these situations are – and how vital it is to feel heard, believed, and represented.

Why Witness Testimony Matters for Your Personal Injury Case

Long after the accident scene is cleared and life goes back to “normal,” you may face more than just physical pain. After an accident, financial burdens may mount quickly.

To make things more difficult, insurance adjusters and defense teams often treat you as just another claim, not a person in need of real compassion. Such treatment may leave you feeling mentally worn out, struggling with a crushing sense that nobody truly sees what you’re going through.

Paired with other evidence and police reports, an unbiased account from a witness can be compelling evidence. Witness testimony connects the dots between your injuries and the accident. Even if your memory of the event is hazy, a witness’s testimony, as an “outsider-looking-in,” may establish key details in your story.

For example, a fellow commuter who saw your fall on a subway platform, a long-time friend who noticed the sleepless nights you now endure, or an engineer who can attest that a faulty railing caused your injury – they all bring weight and credibility to your story when it matters most. However, for your case to hold up under scrutiny, a witness’s statement must be clear, persuasive, relevant, and admissible.

How Testimony From a Credible Witness Can Strengthen Your Personal Injury Cases

A witness’s voice, whether a bystander, a loved one, or an expert, can validate your experience, strengthen your claim, and push back against insurance companies or defense teams who try to minimize your pain.

A strong, credible witness is typically calm and articulate, has no personal stake in the outcome, and can provide a detailed account of what he saw.

Your personal injury attorney will carefully vet each potential witness to ensure their statements can hold up under scrutiny.

Strong witness statements include a few essential elements that make them stand out:

• Clarity and specificity: A witness statement must avoid vague language. For example, “I think I saw the car speeding,” won’t carry the same weight as, “The blue sedan was traveling at least 50 mph in a 25 mph zone and ran the red light.”
• Accuracy: The most valuable statements stick to what was directly seen, heard, or experienced – no guessing or speculating.
• Logical flow: A strong statement has a clear beginning, middle, and end. It describes the sequence of events in a way that makes sense.
• Sensory details: What did the witness see, hear, smell, or feel? “I heard tires screeching before the crash,” adds a visceral element.
• Emotional observations: Witnesses often notice the emotional or physical state of the injured party – trembling, crying, groaning – which further supports claims of distress. A family member might add, “He can’t lift our child anymore,” showing how the injury disrupted daily life.
• Expert evaluation of physical evidence: An accident reconstruction specialist might confirm that the accident occurred due to improper lane changes or faulty road design.

When thoughtfully gathered, all these accounts create a more accurate picture of what happened, which can influence judges, juries, and insurance adjusters.

Choosing the Right Witness for Your Personal Injury Claim

Not every person who saw the event can strengthen your personal injury claim. Knowing who to rely on – and why – can dramatically affect your chances of success.

Each type of witness serves a unique role in painting the full picture.

Eyewitness testimony

One type of witness is eyewitnesses, who could be the following:

• Neutral bystanders: These are individuals with no personal connection to anyone involved in the incident. Their neutrality adds weight to their statements because they have no reason to lie or exaggerate.
• On-the-job observers: Think of coworkers or passersby at a construction site. Their firsthand observations can provide important insight into unsafe conditions, faulty equipment, or a lack of proper safety measures.
• Business employees: In cases involving a store, restaurant, or public venue, employees who were present can provide key information about what happened and whether policies were followed.

Character witnesses

Character witnesses may be:

• Family members: While not always present during the incident, family members can attest to how the injury changed your life – daily struggles, mood changes, lost hobbies, or new dependencies.
• Close friends and neighbors: They can share before-and-after perspectives that highlight the depth of your losses.
• Coaches or community leaders: For younger victims or those deeply involved in community life, these individuals can speak about lost potential or diminished participation.

Expert witnesses

One of the most persuasive types of witnesses is expert witnesses such as:

• Medical professionals: These experts explain complex diagnoses, interpret medical records, and forecast future needs
• Engineers or safety inspectors: Particularly in premises liability or product failure cases, their input shows where things went wrong
• Vocational rehabilitation specialists: They help quantify how your injury affects your earning potential and job prospects
• Mental health experts: In emotional distress or Post-traumatic stress disorder (PTSD) claims, a mental health expert’s testimony can make your invisible suffering real

How Statements Are Collected

Gathering statements isn’t just about collecting stories – it’s about documenting truth in a way that holds up in court.

Your personal injury attorney may take the following steps for witness testimony:

• Immediate contact: We reach out to witnesses as soon as possible after an incident. Working quickly to gather witness testimony ensures their memories are fresh and uncontaminated.
• Affidavits: Based on the situation and legal strategy, we may use sworn affidavits, which are signed under oath and used when formal legal documentation is needed.
• Recorded interviews: Recorded interviews are especially useful when tone, pauses, or emotional responses matter.
• Signed statements: If necessary, we can prepare a draft for the witness to review, make corrections, and approve. Accuracy and agreement are key. Depending on the circumstances, typed statements with physical or digital signatures can be used for remote or time-sensitive cases.

This process respects the witness while providing legal strength to your case.

Leveraging New York Law and Witness Statements to Your Advantage

New York civil procedure includes clear protections and allowances for using witness statements. For example:

• CPLR § 2106 – Affirmations: Using Affirmations Under Penalty of Perjury is a streamlined alternative for non-lawyers or medical professionals. The law allows certain professionals (like doctors) to provide legally acceptable statements without needing a formal notarized affidavit.
• CPLR § 4512 – Competency: This law presumes that most adults – and even children, depending on circumstances – are competent to give testimony. That widens your pool of potential witnesses.
• CPLR § 4517 – Prior testimony: Under this law, if your witness moves away, falls ill, or becomes unreachable, their previously recorded statements may still be admissible in court.

Understanding these rules helps us move quickly and strategically to preserve the power of every word.

Proving the Big Picture: Connecting Witness Statements to Outcomes

Your case doesn’t exist in a vacuum. Strong witness statements build connections across every element of the claim:

• Fault and liability: When multiple witnesses independently describe the same negligent act, their statements reinforce each other. Consistency in witness accounts strengthens your version of events against attempts to discredit it.
• Medical correlation: Witnesses who describe what happened immediately after the injury – screams, limping, fainting – help link the accident to the injury. Their real-time descriptions support medical records and can validate the severity of trauma.
• Quality of life impact: Statements from loved ones describing changes in mood, mobility, or independence show juries what numbers can’t. These details can influence pain and suffering awards.
• Future care costs: Expert witness testimony lays out the long-term consequences – therapy, surgeries, mobility aids, and more. Financial experts may use these insights to help calculate a fair settlement.

Ensuring Your Witnesses Are Ready for the Stand

Sometimes, cases go to trial – and when they do, preparation is everything. Here’s how we get ready:

• Practice sessions: Your personal injury lawyer may schedule dedicated prep meetings where each witness practices their testimony, including how to stay calm and respond to aggressive cross-examination. This guidance can help a witness stick to facts and avoid emotional pitfalls.
• Use of past testimony: If a witness is unavailable, New York’s prior testimony law allows his prior sworn or recorded statements to be used. A personal injury lawyer can ensure these are submitted properly and meet all admissibility standards.
• Courtroom visuals: Where appropriate, your legal team enhances witness testimony with diagrams, photos, or timelines. These tools help jurors follow complex issues and remember key points.

In many cases, the confidence and clarity of witnesses are what finally motivate the other side to settle.

Your Story Matters – Let Us Help You Tell It

If you’re struggling with the aftermath of a car accident or any type of personal injury, don’t underestimate the role that witness testimony can play. The sooner you contact a personal injury lawyer, the better the chance of gathering objective accounts that support your claim.

Reach out to Hill & Moin LLP today for a free consultation. When the world feels like it’s doubting you, we can create a team that believes in your story. Whether it’s collecting expert testimony, identifying a reliable witness, or navigating legal proceedings, we’re ready to stand with you.

Your story matters – let us help you tell it. Contact us today to schedule a free consultation to discuss the Personal Injury Recovery SolutionsⓇ that our results-oriented lawyers can offer to you. 

Don’t wonder about your rights!

Comments closed

Your home should be a place where you feel safe and protected. Sadly, this is not always the case. All too frequently, assaults are reported in New York apartment complexes.

A sexual assault, domestic violence incident, or some other kind of physical abuse can result in terrible injuries and intense emotional distress. Assaults that take place in or near an individual’s own home can be that much scarier. If you have been the victim of such an attack, there are a number of legal options and resources to help recover your losses and protect your family.

In this article, we will first discuss who may be held accountable for an apartment complex assault, as well as various legal services and laws in place to facilitate secure housing and your physical safety going forward. Additionally, we will consider important steps to take after an assault to safeguard your legal rights and future well-being.

Types of New York Apartment Complex Assault Claims

Charges for assault can range from misdemeanors to felonies. The severity of the charge depends on the intent of the defendant, the gravity of the injury, and the presence of aggravating factors, such as weapons.

The kinds of assault that may unfold in a New York residential complex include:

• Simple assault: This involves threats or attempted harm without a weapon. Such misdemeanor assault may include physical contact that does not cause serious injury. Still, the assault victim has tangible reason to be fearful, and there can be significant legal consequences for those directly responsible.
• Sexual assault: This includes any non-consensual sexual contact or coercion, ranging from unwanted touching to rape. Sexual assault victims can pursue lawsuits in civil court against the perpetrator and, in some instances, a third party who failed to prevent the crime.
• Domestic violence: This refers to assault within the domestic setting, including between spouses, partners, or family members. Local laws provide a number of protections for domestic violence victims to prevent further abuse.
• Aggravated assault: This occurs when an individual threatens or attacks another person using a deadly weapon or with the intent to cause serious physical injury. Intentionally inflicting severe bodily harm with extreme disregard for human life can lead to criminal charges and potentially lengthy prison sentences for the attacker.

Assault, in any form, should never be taken lightly or brushed aside. If you have been assaulted or otherwise harmed in your apartment complex, an experienced personal injury attorney is the advocate you need. He or she can provide valuable legal help and ensure you are able to benefit from any applicable victim services.

When a New York Property Owner May Be Liable for an Assault

After an assault, the attacker is most often found directly responsible for what occurred. That said, under certain circumstances, a landlord may be found to share liability after an assault on his or her premises.

Apartment complex owners have a duty to maintain a safe environment for visitors and residents. Thus, a landlord may be found accountable for an assault if he or she fails to take reasonable steps to prevent foreseeable criminal activity and provide adequate security.

Indications that a landlord failed to exercise appropriate care in protecting residents from foreseeable risks include such things as:

• Inadequate lighting: Poorly lit common areas, stairwells, hallways, and parking lots can create conditions where assailants can hide or aggress undetected
• Security breaches: Broken or missing locks, gates, or access control systems can compromise apartment security
• Lack of surveillance equipment: The absence of security cameras or malfunctioning surveillance systems can hinder the ability to identify or apprehend assailants
• Inadequate security personnel: Understaffed or untrained security personnel can impact the ability to deter crime effectively or respond to incidents on the premises
• Knowledge of prior incidents: If the landlord was aware of previous criminal activity or threats on or near the property and failed to take appropriate measures to address the situation, he or she may be liable for the subsequent assault

Under New York State law, to successfully establish a premises liability claim after an assault, you must demonstrate that the property owner knew or should have known about the potential for harm yet failed to take reasonable action to prevent it and that this failure directly caused you harm. Such claims can be complicated to prove and are best navigated with the help of a well-practiced premises liability lawyer.

Housing Protection for Victims of Assault

The US Department of Housing and Urban Development (HUD), together with other government departments, affirms the housing rights of survivors of domestic violence, dating violence, sexual assault, and stalking under the Violence Against Women Act (VAWA).

These housing protections apply to many apartment complex assault victims. Furthermore, under New York law, victims of family or domestic violence have certain tenants’ rights.

Domestic violence victims’ rights include:

• Right against discrimination: A landlord cannot refuse to rent to you or give you different rules than other tenants because you are a victim of domestic violence.

• Right to end your lease early: A domestic violence victim or the non-abusive parent of a child who is abused can break his or her rental contract early without paying for the entire length of the lease.

• Right not to be evicted: Housing providers cannot evict you because your partner abused you in your home. The landlord may remove the abuser from the property without evicting you.

• Right to cancel service contracts early: Victims of domestic violence have the right to cancel utilities, cable or satellite, internet, cell, and landline services without having to pay a cancellation fee or penalty.

• Rights involving subsidized housing: Domestic violence victims have the right to apply for federally subsidized housing. Additionally, you have the right to stay in your subsidized home, remove your abuser from the lease while retaining the subsidy, and request an emergency housing transfer due to immediate danger, if necessary.

In New York, there are a number of legal options and social services available to assault victims. By thoroughly researching and understanding domestic violence laws, housing discrimination rules, and emergency assistance programs, you will be able to make informed decisions and protect your family’s housing rights.

Obtain an Order of Protection Against the Assailant

After an assault, it is advisable to take immediate legal action to protect yourself and other members of your family from future attacks. Many crime victims choose to obtain an order of protection through the courts.

A protection order is a document issued by a judge that orders someone to abide by or refrain from certain conduct. These orders frequently prohibit an individual from coming within a certain distance or contacting the person who obtained the order of protection. If your abuser violates the order, call the police for assistance – this is a crime, punishable by law.

In cases of violence within a family or intimate relationship, you can request a family court order of protection. In instances of assault where a person has been charged with a crime, a prosecutor can request a criminal court order of protection.

An experienced domestic violence lawyer can help you obtain an order of protection and advise you on the best course of legal action. Remember, New York City police officers are prohibited from asking about your immigration status. Hence, as an assault victim, you can report the crime without fear of being investigated simply for your immigration status.

Take Action After an Apartment Complex Assault in New York

If you’ve been assaulted in your New York apartment complex, it is essential to prioritize your safety and well-being. Additionally, taking these important steps will help protect your legal rights:

• Seek immediate medical attention: Addressing your physical health is critical. Even if your injuries seem minor, get a medical evaluation. Doing so will put you on the best road to recovery and serve as evidence to support potential legal action.

• Report the assault: Contact law enforcement authorities and file a police report. Provide as much detail as possible, including the date, time, and location of the assault. Reporting the assault ensures that the crime is officially documented.

• Document the scene: Take photos or videos of the location where the assault occurred. Also, take photos of your injuries, property damage, unsafe conditions, or suspicious areas within the apartment complex.

• Collect eye-witness information: Get contact details from anyone who saw the assault happen or who can verify unsafe conditions on the premises. Witness statements can serve as valuable evidence in an assault claim.

• Notify your housing providers: Inform your landlord or property management company of the assault in writing. Include details of the assault, any previous safety concerns or warnings given, and your expectation for increased security measures. Send this as a registered letter to create a documented record of the incident and your requests.

• Keep detailed records of your injuries and expenses: Retain medical bills, medical care and treatment records, employment records of lost wages, and any other receipts for out-of-pocket costs related to the assault. Detailed records of your losses will support your claim as you pursue maximum compensation for what you have gone through.

• Contact a personal injury attorney: An attorney with experience in handling New York assault and premises liability cases can assess the strength of your case and guide you through the legal process. He or she can help you gather evidence, investigate the incident, and determine who may be held liable for the assault in your apartment complex.

Taking these actions will go a long way in building a robust personal injury case. Holding your assailant and others accountable for all you have endured is a key factor in rebuilding your life after a devastating assault.

Contact Dedicated New York Personal Injury Lawyers for Support After an Apartment Complex Assault

An apartment complex assault can have a profound impact on your life, even long after your physical pain has healed. In the aftermath of such a terrible incident, you deserve help to ensure your safety, move forward from the psychological trauma, and hold all responsible parties accountable for what has occurred.

Understandably, you may feel overwhelmed by everything involved in the legal process, such as pressing charges against your assailant or filing a lawsuit against the apartment property owners. The personal injury attorneys at the New York law firm of Hill & Moin have dedicated their careers to helping people like you.

When we take your case, we will be by your side throughout every phase of the court process. Our respectful and compassionate attorneys understand the applicable federal and New York state laws pertaining to assault and can confidently put them to work on your behalf, as well as help you with various victims’ services.

Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call Hill & Moin today at (212) 668-6000 or complete our online form for a free case evaluation. Every apartment complex assault victim deserves to know his or her legal options for restitution.

Don’t wonder about your rights!

Comments closed

Every morning, parents across New York drop off their little ones at daycare centers with the same silent hope: that their children will be safe, cared for, and happy until pickup time. Daycare is not just a convenience—it’s a relationship built on trust. So when something goes wrong, when a child is hurt under the care of a facility that promised to keep them safe, that trust is broken in the most painful way.

If your child has been injured at daycare, you’re probably feeling a mix of confusion, fear, and anger. You may be asking: How could this happen? What do I do now? Who is responsible? These are important questions, and you deserve answers. At Hill & Moin LLP, we believe parents should never feel alone in these moments. Let’s walk through what happens next—and how to protect your child’s rights, and your own peace of mind.

When Accidents Happen

Children are naturally curious and active. Bumps and bruises are part of growing up—but there’s a world of difference between a scraped knee and a serious injury caused by neglect. New York State has strict regulations for childcare centers, enforced by the Office of Children and Family Services (OCFS), covering everything from staff qualifications to emergency preparedness.

When a daycare fails to follow these rules, and a child is injured as a result, it may be considered negligence—a key factor in many personal injury cases.

Take a real-world scenario: three-year-old Emma wanders into an unlocked storage closet and suffers chemical burns from cleaning products. Her parents are devastated—and full of questions.

What happened? Why wasn’t the closet secured? Where was the supervision?

Common Causes of Daycare Injuries

Sadly, stories like Emma’s are not rare. Common causes include:

• Inadequate Supervision: One caregiver overseeing too many children, violating OCFS-required staff-to-child ratios.
• Unsafe Premises: Broken playgrounds, unlocked cabinets, or poorly maintained facilities.
• Negligent Hiring: Employees lacking background checks or proper training.
• Physical Abuse or Neglect: Sometimes, misconduct by staff leads to harm.
• Failure to Accommodate Medical Needs: For instance, ignoring known allergies or failing to administer medication.

These are often preventable, and if your child is hurt due to one of these reasons, the daycare may be held legally responsible.

If your case involves dangerous premises, you may want to explore premises liability as a legal pathway.

What to Do Immediately After a Daycare Injury

After ensuring your child receives medical attention, take the following steps:

1. Document Everything: Photos of injuries and the environment, written notes, and medical records.
2. Request an Incident Report: Licensed daycares are required to report injuries.
3. Speak with Witnesses: Parents, staff, or children may offer useful details.
4. Preserve Evidence: Save any clothing or objects involved in the incident.
5. Contact a Personal Injury Attorney: At Hill & Moin LLP, we offer free consultations to help you understand your rights.

Who Can Be Held Responsible?

New York law allows multiple parties to be held accountable, including:

• The daycare facility or corporation
• Individual staff members
• Equipment manufacturers or maintenance contractors

Liability may also involve negligent security or failure to follow state licensing standards.

New York uses comparative negligence, which means damages may be apportioned among multiple parties, depending on their level of responsibility.

What Compensation Could You Receive?

You may be eligible to recover damages such as:

• Medical bills (including future rehabilitation)
• Emotional distress and trauma counseling
• Loss of enjoyment of life
• Parental lost wages
• Pain and suffering

If the injury results in a long-term disability, you may also need to consider a catastrophic injury claim.

The New York State Department of Health reports that unintentional injury is one of the leading causes of death and hospitalization among children under 14 [source].

Why Legal Help Matters

It might feel uncomfortable to consider a legal claim, especially if you’ve built a rapport with the daycare staff. But pursuing justice is about more than compensation. It’s about accountability, safety, and securing resources for your child’s recovery.

At Hill & Moin LLP, we bring decades of experience advocating for injured children and their families. Whether you speak English, Spanish, Russian, French, Yiddish, or Armenian—we’re here to make sure your voice is heard and understood.

We treat each case as if it were our own child, because we know how deeply this impacts your family.

How We Help Families Like Yours

When you reach out to us, we’ll listen to your story with compassion. During your free consultation, we’ll assess the facts, explain your legal options, and walk you through what happens next.

We investigate thoroughly—gathering photos, medical records, witness statements, and daycare history. We don’t stop until we know exactly what went wrong and who is responsible.

And best of all? You don’t pay unless we win. We work on a contingency basis, so you never have to worry about upfront legal costs.

You Deserve Answers—And So Does Your Child

No parent should have to face this alone. You trusted a daycare to protect your child, and that trust was broken. You deserve answers. You deserve justice.

Let us help you protect your child’s future—and ensure that what happened to your family doesn’t happen to someone else’s.

Call Hill & Moin LLP today at (212) 668-6000, or contact us online to schedule your free case evaluation. Because when it’s your child, it’s personal.

Comments closed

Electric scooters have changed how New Yorkers get around the city’s busy streets. These convenient devices offer a quick way to travel, but they also bring new safety concerns to the fore. According to the United States Consumer Product Safety Commission, E-scooter injuries increased by 22 percent during 2022 compared to 2021. This highlights the importance of understanding the laws surrounding E-scooter accidents.

When an E-scooter accident happens, determining liability can be complicated. It often depends on several factors that are specific to New York City laws. In this article, we will explain who might be held responsible and how personal injury attorneys can help you.

Understanding NYC Electric Scooter Laws

New York City’s electric scooter laws outline responsibilities for both E-scooter riders and other road users. These laws help determine who is at fault when an accident occurs.

Legal requirements that affect liability

In New York City, electric scooters are legal to ride, but riders must follow several laws. The law states that:

• Users cannot exceed 15 miles per hour
• Users must ride in bike lanes or on streets with speed limits of 30 mph or less
• Users are prohibited from riding on sidewalks
• Users aged 16 and 17 must wear helmets, though helmets are recommended for all riders

Riders who disobey these rules may be held liable for electric scooter accidents.

How location violations affect who pays

Where you choose to ride your E-scooter can affect your personal injury case. As mentioned above, E-scooter riders in New York City cannot operate on sidewalks unless it is allowed by a local law or ordinance. Scooter riders should use protected bike lanes when available.

This sidewalk ban is strictly enforced under NYC electric scooter laws. Breaking this law can lead to serious fines. Riding an E-scooter in a banned area can greatly affect who becomes responsible when accidents happen. Courts often put more blame on riders who use their scooters where doing so isn’t allowed under the law.

When E-Scooter Riders Are Liable for Accidents

Different rider behaviors create different levels of legal responsibility. In electric scooter accidents, the courts will examine the rider’s behavior to determine who is at fault. If your conduct contributed to your injuries, this can greatly affect your case.

Examples of common rider negligence include:

• Violating traffic signals and stop signs
• Riding under the influence of alcohol or drugs
• Exceeding posted speed limits or safe operating speeds
• Failure to yield the right-of-way when required by traffic rules
• Riding while distracted, using mobile devices

It is your responsibility as an E-scooter operator to follow traffic laws. The same traffic laws that apply to motor vehicles apply to electric scooters and e-bikes as well.

How Motor Vehicle Drivers Become Liable

Motor vehicle drivers share responsibility for road safety and must exercise reasonable care around E-scooter riders. Drivers may be held responsible for E-scooter accidents when they:

• Fail to check blind spots before changing lanes or turning
• Follow E-scooter riders too closely without accounting for their braking capabilities
• Drive aggressively to intimidate or endanger E-scooter riders
• Use a phone or apply makeup behind the wheel
• Open a car door without checking for approaching electric scooters or other traffic

When motor vehicle drivers fail in their duty of care, they become liable for damages and injuries. If your E-scooter accident was caused by a motor vehicle driver, you should contact an E-scooter accident lawyer.

Third-Party Liability in E-Scooter Cases

Besides E-scooter users and car drivers, other parties may be held responsible for E-scooter accidents. Third parties that can be held liable may include:

• Rental companies
• Government agencies
• Scooter company
• Property owners

E-scooter rental companies

Rental companies may face claims if they ignore known safety issues or fail to maintain their vehicles properly. These companies may be responsible if:

• The scooters are not properly maintained
• The scooter is rented out with known defects
• The rental company does not provide clear safety instructions

Local government agencies

Cities and local government agencies can be responsible for electric scooter accidents caused by poor road conditions. Examples of negligence by government agencies include:

• Unrepaired potholes
• Poor lighting on the streets
• Confusing or missing traffic signs

These government agencies must keep roads safe for all users. However, proving that a government agency was aware of the hazard may be difficult. As an E-scooter accident victim, you deserve compensation. Working with a skilled New York City personal injury lawyer is crucial when pursuing a claim against a government agency.

Private property owners

Electric scooter accidents can happen on private property. You may have been making a delivery or visiting a business establishment. If you were injured on private property, the owners may be liable for damages.

Some hazards property owners should be aware of include:

• Construction materials left without warning signs
• Uneven or cracked pavement that can catch E-scooter wheels
• Narrow pathways that don’t accommodate E-scooter width
• Sudden elevation changes without proper signage
• Loose gravel or sand that causes loss of traction
• Wet surfaces from sprinklers or drainage issues
• Chain barriers or low cables at E-scooter height
• Sharp turns or blind corners near building entrances

Electric scooter manufacturers

E-scooter manufacturers can be held responsible when scooter malfunctions cause accidents. In particular, common defect issues include:

• Faulty braking systems
• Steering problems
• Battery malfunctions
• Structural failures

Other road users

Other people on the road can cause E-scooter accidents through careless behavior. For instance, this includes:

• Cyclists who don’t follow traffic rules
• Pedestrians who make sudden movements
• Delivery drivers who are distracted

Insurance Coverage and Liability in E-Scooter Accident Cases

Insurance coverage is crucial for victims seeking compensation for their injuries and damages. In New York City, multiple insurance policies may apply depending on what happened. It’s important to understand how different policies work together and which ones may be available to you.

How personal insurance affects liability in New York City

Many E-scooter riders think their existing insurance will cover accident expenses. However, coverage varies widely between insurers and policy types.

Types of personal injury coverage that may apply include:

• Health insurance for immediate medical treatment and ongoing care
• Homeowners’ or renters’ insurance for personal liability protection
• Auto insurance policies that may extend to alternative transportation devices
• Personal umbrella policies that provide additional liability coverage
• Disability insurance for income replacement during recovery periods

When commercial insurance covers E-scooter liability

In New York City, commercial insurance for E-scooter rentals offered by companies likeLime, Bird, and Veo provides limited third-party liability coverage.

Commercial insurance typically covers third-party liability when:

• A device defect causes the incident
• A rider incurs medical bills within policy limits
• A malfunction results in property damage

This insurance is designed to protect pedestrians, cyclists, and others who may be injured by a rider using rented electric scooters. However, this coverage has limits and exclusions. These limits may leave victims without enough compensation to cover their losses.

Proving Responsibility in E-Scooter Accident Cases

Taking the right steps immediately after an accident can impact liability. These initial steps determine whether victims can successfully prove fault and recover compensation.

You need strong evidence in order to win your case. Physical evidence can disappear quickly, and witness memories fade over time. Therefore, immediate documentation is essential.

Important evidence to preserve includes:

• Photographs of the scene, vehicles, and injuries
• Police reports and incident numbers for official documentation
• Medical records and bills related to treatment
• Witness statements and contact information
• Rental records and maintenance logs, if they are applicable
• Weather and road condition information at the time of the collision

Compensation in E-Scooter Liability Cases

Victims have legal rights to seek compensation from the responsible parties. However, the process requires knowledge of responsibility rules and insurance requirements. New York’s legal system provides many avenues for recovery. Let’s explore this in more detail.

How liability affects damage awards

Personal injury compensation depends on several factors. The cause of the accident will prove whether you were partially at fault. As for the amount of compensation you can get, this will depend on the severity of your injuries.

Recoverable damages in an E-scooter accident case may include:

• Medical expenses for emergency treatment, surgery, and ongoing care
• Lost wages and reduced earning capacity due to E-scooter injuries
• Property damage to personal belongings or the device itself
• Future medical costs for continued treatment and rehabilitation
• Disability accommodations and assistive devices if permanently injured

Time limits for E-scooter liability claims

New York law sets strict time limits for filing personal injury lawsuits. Missing these deadlines can permanently prevent victims from seeking compensation. You have limited time to file accident claims, so quick legal action is crucial for protecting your rights.

Electric scooter accidents are subject to the same time limits as other personal injury cases. E-bikes and similar alternative transportation devices also have the same deadline requirements.

Claims against government agencies require special notice procedures with much shorter deadlines. Additionally, insurance claim deadlines may be shorter than personal injury lawsuit filing requirements.

Get Legal Help With E-Scooter Liability Cases

The legal process for these cases is often too complex for most people to handle alone. Professional legal representation helps level the playing field against experienced insurance adjusters. It also ensures that all legal requirements are met properly.

At Hill & Moin LLP, we understand how devastating collisions can be for victims and their families. We serve clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Over the years, we have helped numerous clients recover millions of dollars in compensation, and we are ready to assist you, too.

Call Hill & Moin LLP today at (212) 668-6000 to schedule your free case evaluation. Our attorneys will explain what we can do for you with our Personal Injury Recovery Solutions®.

Don’t wonder about your rights!

Comments closed

According to the Metropolitan Transit Authority (MTA), around 3.6 million people ride the New York City subway every day. While the majority of subway journeys are uneventful, sometimes things go wrong, resulting in serious injuries.

For example, in one notable incident in January 2024, a train derailed, injuring at least 26 passengers. While most subway accidents may not happen in circumstances as dramatic as these, they can leave injured passengers facing a long and painful recovery. If you or a loved one has been injured in a subway accident that was not your fault, you may have the right to hold the responsible party accountable and pursue compensation for your injuries.

In this post, you can explore the legal options open to you if you have been injured in an accident involving the subway. We will examine what subway accident lawyers can do to help victims pursue compensation and face the future with confidence once again.

Why Do Subway Accidents Happen?

Each subway accident is unique, but when you start digging beneath the surface, a few common themes usually emerge. Understanding the root cause of the subway incident that led to your injuries is crucial for establishing liability and building a strong case for compensation.

An investigation into a subway accident typically reveals one of the following causes.

Operator error

Subway drivers may get distracted, tired, or inattentive on the job, leading to accidents. Failure to follow safety protocols could lead to speeding, sudden stops, collisions, and train derailment.

Equipment failure

Subway trains rely on many moving parts that must be regularly serviced and repaired to keep them operating safely. Brake or signal system failures can be catastrophic. If parts fail due to poor manufacturing processes, collisions and derailments can result.

Infrastructure problems

Subway tracks and power systems require regular maintenance to keep them to a safe working standard. If maintenance schedules are not adhered to, the chances of an accident occurring significantly increase.

Poor station maintenance

Subway stations also require regular cleaning and maintenance to keep them safe for the commuters who rely on them each day. Platforms, escalators, elevators, and walkways must all be kept safe. In the winter, that means clearing ice and snow promptly in the many above-ground stations on the subway system. Failure to follow subway station safety protocols can result in dangerous conditions that cause severe injuries.

Passenger actions

Sadly, the greatest threat to our safety on the NYC subway system sometimes comes from other passengers. Pushing, shoving, and malicious actions lead to injuries every year.

NYC Subway Injuries

The scenarios mentioned above can cause a wide range of serious injuries that can have a devastating impact on victims’ lives. Here are some of the most common subway injuries and what you should do to strengthen your chances of securing compensation.

Back injuries

Fall incidents can occur for a variety of reasons on the NYC subway, including:

• Sudden stops or jolts on a subway train
• Slips on slippery or icy surfaces
• Pushing and jostling from other passengers

A hard fall on the back or backside can lead to back and spine injuries. Severe injuries, including paralysis, can result if the spinal cord is damaged.

Broken bones

Like back injuries, broken bones may be sustained during jerky rides or falls due to unsafe conditions on trains or at subway stations. While some breaks are relatively minor, others can cause severe physical and mental consequences. These may include nerve damage, chronic pain, movement difficulties, and long-term emotional challenges.

Head injuries

Fall accidents on the subway also pose the risk of head injuries. If your head hits the floor or a subway car window or wall with sufficient force, you may sustain a traumatic brain injury (TBI). At their most serious, TBIs can cause permanent disability and require long-term medical care.

Death

Tragically, every year, people lose their lives on the New York City subway. While some reasons include suicide, trespassing, and dares, others are caused by accidents.

If you have lost a loved one on the subway system, it is important to seek answers and explore your legal options. Experienced New York City personal injury attorneys can listen to your story with compassion and explain your legal rights.

Determining Liability for NYC Subway Accidents

When a New York law firm agrees to take on your subway accident case, they must first identify the liable party. This is the person or organization from whom you seek to recover compensation, either through a personal injury lawsuit or a claim leading to a negotiated settlement.

As we saw above, subway accidents can have many different causes, meaning there could be multiple liable parties. In some cases, accident victims may also share a measure of blame for the accident.

In such situations, don’t conclude that you do not have a case. Under New York’s pure comparative negligence laws, you may still be able to pursue compensation even if you were up to 99 percent liable for the accident. Experienced attorneys can talk you through your legal rights and explain whether you have a strong case for recovering compensation.

In subway accident claims, you may be able to pursue one of the following parties for compensation.

The New York City Transit Authority

There are two legal entities involved in the running of the NYC subway system: The New York City Transit Authority (NYCTA) and its parent, the Metropolitan Transportation Authority (MTA). These two legal entities are responsible for ensuring passenger safety. If one of these agencies fails in its duty to provide a safe environment, you may be entitled to sue it for compensation.

Many cases have established that the MTA and NYCTA can be held liable for injuries to the public on the NYC subway system. A 2016 report found that in the previous 5 years, the New York City Transit Authority had concluded 4,592 cases and paid out $431 million in compensation to victims.

Scenarios in which the MTA may be responsible include:

• Train derailment
• Platform accident
• Fall injuries
• Defective equipment or improper maintenance
• Criminal acts (in certain circumstances)

Each subway incident is unique and must be properly investigated by personal injury lawyers to determine liability. After a subway incident, the MTA’s insurance company is likely to make a lowball offer to settle your case and sign away your rights to future legal action.

Do not sign anything until you have consulted experienced personal injury attorneys who have your best interests at heart rather than the MTA’s bottom line.

Third-party Liability

While the MTA has a duty to care for passenger safety, in some scenarios, third parties may bear partial or full responsibility for causing your injuries.

Potentially liable parties could include:

• Contractors: If the MTA hires private contractors, such as maintenance crews, janitorial companies, or construction firms, who act negligently as they carry out their duties, the contractor may be at least partially liable for the injuries that result.

• Defective parts: If the parts supplied by a manufacturer are found to be defective, the manufacturer could bear responsibility for the accident under New York’s product liability laws.

• Passenger actions: Sometimes, other passengers could be liable for your injuries if they act negligently or maliciously, causing serious injuries. This would include situations in which a passenger pushes another in front of an oncoming train or onto the tracks.

MTA Employees

Generally, there are certain legal protections in place that prevent MTA employees from being sued personally for their actions in the course of carrying out their duties. However, under New York law, “the duty to indemnify… shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.”

Simply put, if an MTA employee caused your injuries by acting intentionally or recklessly, you may be able to pursue him or her for compensation. Situations like this underline the importance of seeking qualified legal advice from an experienced subway accident lawyer who can provide accurate, tailored advice about your specific case.

Your Rights After a Subway Accident

The NYC subway can be a scary place to get injured. After the dust settles, the thought of filing a personal injury lawsuit against the MTA or another party could be overwhelming. However, do not let anyone prevent you from pursuing qualified legal advice and fully understanding your legal rights after a subway accident.

With the right legal advice and representation, the pressure can be taken off your shoulders, and you can pursue fair compensation for the suffering you have endured.

How subway accident lawyers can protect your legal rights

Experienced attorneys can listen to your story with compassion and explain your legal rights in a clear, straightforward manner. If a firm of personal injury lawyers agrees to take on your case, they will do all the heavy lifting for you.

From investigating the case and gathering evidence to playing hardball in negotiations or fighting your case in court, they will carry the load every step of the way.

Subway accident lawyers can do the following:

• Determine the strongest route to financial recovery: They can assess whether your case falls under personal injury, premises liability, or wrongful death and build a strong case to give you the best chance of a successful outcome.

• Meet legal deadlines: In most personal injury cases in New York, you have a limited time to file a claim. However, you must file a Notice of Claim against the MTA soon after the subway incident in order to retain your right to file a personal injury lawsuit against them. Then, you must file a lawsuit within a predetermined period of time after your accident, or you may lose your opportunity to sue the MTA. If you talk to a subway accident lawyer quickly after your accident, he or she can ensure these deadlines are met.

• Navigate legal complexities: The MTA has waived its right to sovereign immunity, which is the right to avoid being sued as a government agency. Still, many complications remain when pursuing compensation from the MTA. Experienced subway accident lawyers are familiar with these laws and know how to work within them.

Compensation in subway accident claims

Subway accident victims could be entitled to economic and non-economic compensation.

Economic compensation includes:

• Lost wages
• Medical expenses
• Property damage

Non-economic compensation is broader-ranging. Depending on the impact of your accident, it could include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment in life

Every subway accident case is unique, and a personal injury lawyer can advise you on the compensation you may be entitled to in your situation.

Let Hill & Moin’s Subway Accident Lawyers Fight for Your Rights

If an accident anywhere on the NYC subway system has left you in pain, struggling financially, and desperate for answers, it is time to talk to the experienced attorneys at Hill & Moin. With more than 60 years of combined experience in fighting for the rights of New Yorkers, we are known by clients as the “lawyer in the family.”

We pride ourselves on the personal approach we take to every case. Our legal team includes a full-time investigator, allowing us to get to the heart of questions of liability and fair compensation.

Over the decades, we have proven to be skilled negotiators and aggressive litigators who are not afraid to take on any organization that has trampled on New Yorkers’ rights. We have secured 6- and 7-figure settlements for people injured on the subway – will you be the next to secure fair compensation?

Discover your rights during a free consultation with one of our experienced and compassionate subway accident attorneys today. Call (212) 668-6000 or contact us online to schedule a free discussion of your case.

Don’t wonder about your rights!

Comments closed

When you are recovering from an injury – whether it’s from a car accident, a workplace incident, or a slip-and-fall – healing should be your top priority. Yet, for many injured claimants in New York, there’s an unexpected hurdle on the road to recovery that can shape the entire course of their injury claims: the independent medical examination (IME).

IMEs are less about your recovery and more about protecting the interests of insurance companies. Some IME doctors are biased in favor of the insurance company or defense team paying them. This bias can show up in subtle ways, like glossing over your pain symptoms or attributing your condition to a pre-existing issue.

At Hill & Moin LLP, we believe knowledge is power. The more you understand how IMEs work, the better equipped you will be to protect your rights.

What Is an Independent Medical Examination (IME)?

Independent medical examinations are conducted by an examining physician selected by an employer, defense team, or insurance company.

The examining physician reviews your medical records and diagnostic tests to confirm whether your injuries stem from the incident and the severity of the harm you suffered.

IMEs can decide whether ongoing or proposed treatments are medically necessary and address conflicting medical opinions or discrepancies in your medical records. An independent medical examination may be requested for an insurance claim, personal injury, or workers’ compensation claim.

Unlike visits to your own doctor, an independent medical evaluation performed by an IME physician:

• Is a one-time-only visit: After an independent medical exam is completed, there is no ongoing doctor-patient relationship, no future medical treatment, and no commitment to your recovery. There’s no follow-up care, no ongoing medical evaluation, and no continuity.
• Does not involve long-term observation: IME reports are based on a single appointment that may last only 15-30 minutes. That’s hardly enough time to assess the full picture of an injury that affects your daily life. Imagine trying to explain weeks or months of pain in a single visit.
• Is not confidential: During an IME, everything you say or do could hurt your workers’ compensation claim, personal injury case, or insurance settlement. There’s no doctor-patient confidentiality. What you say can be used against you in court.
• May be biased against you: A favorable IME medical report can strengthen your personal injury claim. For workers’ compensation cases, IME findings determine when claimants can safely go back to work. However, bias is an ever-present risk because insurance carriers often pay for IME exams. IME doctors may unconsciously – or deliberately – tilt medical opinions in favor of the party footing the bill.
• Has no treatment plan: The goal of the IME process isn’t healing, prescribing medications, or therapy referrals. The only goal is medical assessment. Unfortunately, a single snapshot exam can’t capture fluctuating pain levels, intermittent symptoms, or the full spectrum of your treatment needs.
• Can be recorded: Under New York law, it is possible for the examiner to record the exam. This recording can be used later to challenge credibility.

In most cases, you are expected to attend a physical examination by an independent medical examination physician. Depending on your circumstances, your attorney may be able to negotiate a postponement or alternative evaluation. Non-attendance may significantly impact any legal proceedings related to your injury or disability claim.

How IMEs Affect Injury Claims

In rare cases, a truly impartial IME doctor may validate your treatment needs and endorse further care. On the other hand, the physician may downplay your suffering or link injuries to pre-existing conditions unrelated to your incident. A negative or inaccurate report can result in denied medical benefits, reduced compensation, or even the termination of ongoing care.

If you believe the IME report is biased or omits key details, you have the right to challenge it.

In some cases, IMEs challenge the credibility of your treating physician, undermining months of documented care. Even if your regular doctor has consistently supported your diagnosis and treatment plan, a contradictory IME can sway the judge or claims adjuster in a different direction.

This is especially concerning in the following types of personal injury cases, where the interpretation of injury severity is key.

Medical malpractice injuries

In cases involving defective medical products or pharmaceuticals, IMEs often focus on whether the device directly caused your injury. An insurance-hired doctor might attempt to downplay connections between your symptoms and the medical product or procedure, suggesting the real issue lies elsewhere.

Motorcycle injury claims

In motorcycle injury cases, IMEs often scrutinize your protective gear and speed rather than the crash itself. Using a non-favorable IME, an insurer might argue that your helmet or jacket protected you enough to make the injury minor – minimizing what may be very real, long-lasting pain.

Slip-and-falls

IME doctors assessing slip and fall claims frequently attribute hip, knee, or spinal pain to “age-related degeneration” or pre-existing joint conditions. This tactic unfairly shifts blame from property owners to the medical history of injured claimants. If an IME doctor wrongfully attributes your pain to pre-existing conditions, your chances of securing compensation for surgery, therapy, or home modifications could be reduced.

Large truck and commercial vehicle collisions

Truck accident victims face especially tough IMEs. These doctors might classify severe injuries as “soft tissue” damage – often dismissed as temporary or minor – despite the reality of long-term suffering. The goal is to create a narrative that downplays the seriousness of your condition.

What Do Doctors Look for During IMEs?

Understanding what an IME doctor looks for can help you prepare mentally and physically for what lies ahead.

Your medical records

Before you arrive, the IME doctor reviews your medical records. These medical records may include your treating doctor’s reports, diagnostic tests, and any prior treatments relevant to your medical history.

However, insurance companies can cherry-pick information to present a narrative that supports their interests. These records may leave out important context that supports your personal injury claim. Additionally, prior injuries, even if unrelated, might be highlighted to suggest that a pre-existing condition is the root of your current issues.

Your overall appearance

From the moment you arrive, you are being observed. The doctor may watch how you walk, sit, and stand – looking for signs that your behavior contradicts your claims.

Even grooming, facial expressions, or how you enter the exam room can be noted. Inconsistencies – like favoring one side of the body – may be used to question your reported pain levels.

Your responses to physical tests

The doctor might ask you to bend, twist, lift, or perform range-of-motion tests. Pain levels and hesitations are noted, but interpretations can be subjective.

These tests are intended to assess your physical capabilities. However, they can also be used to argue that your injuries are not as severe as reported. For example, hesitation or guarded movements can be cited as psychological factors rather than genuine symptoms. If you appear guarded, it may be chalked up to “exaggeration” instead of pain management.

Signs of deception and inconsistencies

IME doctors look for signs of exaggeration and may ask questions intended to elicit responses that downplay your injuries. For example, a doctor might inquire about your ability to perform daily activities, aiming to gather information that suggests you are less impaired than claimed.

If you report daily struggles but demonstrate mobility during the exam, they may raise doubts. These notes go directly into their final report, which can weigh heavily on your case.

How to Protect Yourself Before, During, and After an IME

The following tips can help you prepare for an independent medical evaluation and safeguard your interests throughout the process.

What to do before the independent medical exam

While IMEs can feel intimidating, preparation and awareness go a long way. Here’s how to make sure you are protected before the exam:

• Review your records: Make sure you are familiar with your medical history. Your words should align with what’s documented.
• Speak with your legal team: A personal injury attorney can walk you through what to expect and help you prepare key talking points.
• Keep a pain journal: Recording your symptoms, daily challenges, and medication use can provide context for your condition.

What to do during the independent medical evaluation

Think of the IME process as an investigative interview rather than a medical consultation. You are under the microscope: every grimace, every hesitated answer, and every movement is scrutinized for signs of deception. By applying the following tips during the exam, you can protect your legal interests.

Don’t speak negatively about others.

Even if you are frustrated with your employer, the insurance company, or other medical professionals, try to stay neutral during the exam. Hostile language during the physical examination can paint you as biased or vindictive, harming your credibility.

Don’t answer more than what is asked

Stick to factual information about your condition and avoid speculating, overexplaining, or going off-topic.

The more concise and accurate you are, the more difficult it is for the IME doctor to twist your words or misinterpret your situation.

Don’t ask for a diagnosis

Remember, the IME doctor isn’t there to treat you or provide medical advice. Requests for medical advice can be interpreted as dissatisfaction with the process.

Don’t exaggerate your symptoms, and be consistent

Approach the IME exam like you would going to a job interview – how you present yourself matters. Give truthful and consistent answers that agree with your treating physician’s records and your symptom diary. If something hurts, say so – but avoid dramatizing your current symptoms. Exaggerating symptoms or fabricating limitations will be used against you.

What if the doctor conducting the exam asks a question you don’t know? If you are not sure about an answer, it’s perfectly okay to say, “I don’t know.” When you are consistent, it makes it more difficult for opposing parties to claim your injuries are not serious.

Watch out for leading questions

Leading questions are phrased in a way that elicits answers that minimize your disability. Statements like “You can lift your arm fully now, right?” are used to create contradictions with your past statements.

Notify your legal team if you think your IME doctor is downplaying your injuries

IME doctors may interpret normal compensation behaviors – limping, for example – as “voluntary guarding” rather than genuine pain responses. Additionally, certain maneuvers may manipulate the injured area and briefly trigger pain. This may cause the examiner to dismiss your complaints as inconsistent.

Remember your legal rights

Before and after an exam, it is a good idea to refresh yourself on your legal rights. Consider discussing the following points with your attorney:

• You have the right to receive written notice about the time and location of the IME

• You have the right to record the exam (audio or video) as long as the examiner is informed
• The examiner must inform you if he or she plans to record the exam
• You have the right to bring a family member, friend, or advocate to observe the exam

What to do after the IME process is complete

To protect your interests, consider taking the following steps after an IME exam:

• Document everything: Keep detailed notes about the IME, including the date, time, location, and duration of the examination. Record the questions asked, tests performed, and any statements or unusual behavior on the part of the IME doctor.
• Notify your attorney: Share your notes promptly so your personal injury attorney can compare these with the IME findings report when it arrives.
• Continue treatment: Don’t let the IME report derail your recovery. Keep seeing your treating doctor for ongoing care.

What Happens If Your Medical Care Is Denied Based on an IME Report?

Sometimes, the fallout from a bad IME isn’t immediate, but it can be devastating.

You might suddenly find that:

• Your insurance company refuses to pay for ongoing treatment
• Your wage replacement benefits are reduced or terminated
• You are pressured to return to work before you are ready

If this happens, don’t panic. You have legal options. A skilled personal injury attorney can help dispute the IME report, bring in second opinions, or request another exam from a more impartial physician. The key is acting quickly.

At Hill & Moin LLP, we have years of experience in navigating the ins and outs of IMEs, especially when they are used as a tool to limit rightful compensation. We know how to challenge biased reports and advocate for the care you deserve.

Don’t Let an IME Jeopardize Your Future: Contact a Skilled Advocate Today

An IME doesn’t have to derail your case. However, careful preparation and strategic legal support are required. Remember, this isn’t just a doctor’s appointment – it’s a turning point in your case. Treat it seriously. Walk in informed, confident, and with your legal team backing you.

If you are facing an IME or worried about how one could impact your claim, don’t face the uncertainty alone. Hill & Moin LLP is here to help you protect your health, your rights, and your future.

Find out what Personal Injury Recovery Solutions® our knowledgeable, results-oriented lawyers can offer to you. Contact us today to schedule your no-obligation free consultation. Your right to fair treatment should never hinge on a one-sided exam.

Don’t wonder about your rights! 

Comments closed

Each year, millions of visitors are drawn to New York City’s bright lights, Broadway shows, famous landmarks, and bustling streets. The energy is infectious — a city that never sleeps, alive with the promise of adventure. But what happens when a trip to the Big Apple doesn’t go as planned?

Let’s say you’re strolling through Central Park, admiring the changing colors of the trees, when a cyclist veers off a path and collides with you. Or maybe you’re exiting a popular Times Square hotel when you slip on an icy sidewalk that wasn’t properly maintained. Suddenly, your vacation turns into an ambulance ride and a stack of medical bills.

If you’re a tourist — from another state or even another country — you may be asking yourself, “Do I have any legal rights here?”
The short answer? Yes, you do.

Being a Tourist Doesn’t Mean You’re Powerless

One of the biggest misconceptions injured travelers have is that because they’re not from New York, they have no legal recourse. This simply isn’t true. New York law protects everyone — visitors and residents alike — when it comes to personal injury.

Whether you’re visiting from California, Canada, or Caracas, you have the same legal rights to pursue compensation if someone else’s negligence caused your injury. That includes slips and falls, pedestrian accidents, vehicle crashes, construction-related injuries, and more.

If someone had a duty to keep you safe — a property owner, a driver, a business, even a city agency — and they failed in that duty, you may be entitled to recover damages.

Real-Life Case: A Tour Gone Wrong

Let’s take Maria, for example. She flew in from Buenos Aires to see her granddaughter’s NYU graduation. During her stay, she booked a guided tour of Lower Manhattan. As the group moved between sites, the tour operator led them across a cobblestone alleyway that was slick from rain. There were no warnings, no handrails — and Maria fell, fracturing her hip.

She didn’t speak much English and was unsure of her rights. Fortunately, her daughter reached out to a New York personal injury attorney. They discovered that the tour company had a history of safety complaints, and their negligence in providing a safe route contributed directly to Maria’s injury. The result? A settlement that covered her hospital stay, physical therapy, and the cost of flying home with medical assistance.

This is not an unusual story. And it highlights an important truth: you are not alone, and you are not without options.

Steps to Take If You’re Injured While Visiting NYC

It’s normal to feel overwhelmed in the moment. But if you can keep a clear head, these steps can make a big difference later:

1. Get Medical Attention
   Your health comes first. Even if the injury seems minor, get checked out. Some injuries, like concussions or internal bruising, may not show symptoms right away.
2. Document Everything
   Take photos of where the injury happened. Capture any visible hazards (a broken sidewalk, a wet floor without a sign, etc.). Get the names and contact info of any witnesses.
3. Report the Incident
   If it happened in a hotel, store, or other business, report it to a manager. If it was a vehicle accident, call the police and file a report. These records help support your claim later.
4. Avoid Making Statements or Signing Forms
   You might be asked to sign something “for the record” or “for insurance.” Politely decline until you speak with an attorney. Even a well-meaning statement could be misused.
5. Consult a New York Personal Injury Attorney
   This is crucial. A local attorney understands the laws, procedures, and tactics insurance companies use. They can help you navigate the system — even from thousands of miles away.

Why NYC Cases Require Local Expertise

New York City is one of the most complex legal landscapes in the country. Between municipal regulations, aggressive insurance companies, and fast-moving court calendars, trying to handle a case on your own can feel like getting lost in the subway without a map.

Local attorneys know which courts have backlogs. They know how to preserve evidence from security cameras (which can be erased in just days). They know what juries expect — and they know when a settlement offer is too low.

That’s why working with a knowledgeable NYC-based team can make a world of difference in your outcome.

What Kind of Compensation Could You Receive?

Tourists injured in NYC may be eligible for:

• Medical expenses — including ER visits, surgeries, rehab, and follow-up care back home.
• Lost wages — if the injury affects your ability to work.
• Pain and suffering — for both physical pain and emotional trauma.
• Travel disruptions — including rebooking fees, lost experiences, or special travel arrangements due to your injury.(NYC.gov)

Each case is different, and the value of your claim depends on many factors. But don’t assume it’s not worth pursuing — a quick phone call with an experienced attorney can clarify your options.

You Don’t Need to Be in New York to File a Claim

Worried about handling a legal claim after you’ve returned home? Don’t be. In most cases, you don’t need to physically be in New York to pursue your case.

With today’s technology, your attorney can handle paperwork electronically, conduct interviews via video call, and represent you in court hearings without you having to come back — unless absolutely necessary. In fact, many personal injury claims settle before a trial is ever needed.

The Bottom Line: You Deserve Justice, No Matter Where You’re From

Getting injured while traveling is a stressful, disorienting experience. You may feel like your vacation has turned into a nightmare, and the idea of pursuing a legal case might seem too complicated — especially from afar.

But here’s the truth: you have rights. You have a voice. And you have people who will stand up for you.

At Hill & Moin LLP, we’ve proudly represented tourists and visitors from all over the globe. We understand the fears, the uncertainty, and the importance of getting the care and justice you deserve. Our Personal Injury Recovery Solutions® approach is about more than money — it’s about helping people feel empowered, supported, and whole again.

Injured While Visiting NYC? Let’s Talk.

If you or someone you love was hurt while visiting New York, don’t wait. Call Hill & Moin LLP today at (212) 668-6000 for a free consultation. We speak your language — literally — with multilingual support available in Spanish, Russian, French, Yiddish, and Armenian.

You came to New York for memories. Don’t let an injury steal them away. Let us help you take the next step with confidence.

For more information on injury-related data in New York City, you can visit the NYC Health Injury Statistics page.

Comments closed

An accident can happen in an instant, but the impact can last a lifetime. Injuries can leave lasting scars – both physically and emotionally. When someone else’s negligence turns your world upside down, the path to justice isn’t always as straightforward as it seems.

Sometimes, the person who caused your injury wasn’t the only one responsible for what happened. In many cases, employers, individuals, and other entities can be held accountable for an employee’s conduct, people acting on their behalf, or dependents in their care. This legal principle, known as vicarious liability, can be the key to securing the full compensation you need to rebuild your life.

In this article, we explain the concept behind New York’s vicarious liability laws. We’ll also help you understand your rights and legal options so you can make an informed decision about your personal injury case.

Who’s Really Responsible? Understanding Vicarious Liability in Personal Injury Cases

When an injury disrupts your life, the path to justice can seem daunting. Yet, New York’s vicarious liability laws are designed to make sure that when negligence occurs, those who benefit from risky behavior are held accountable.

Vicarious liability is a legal doctrine that makes one party responsible for another’s actions. Whether you’ve been hurt in a hospital, at a bar, by a defective product, or during a transportation mishap, understanding these principles empowers you to seek the compensation you deserve. Vicarious liability applies in different situations, such as the following.

The Employer-Employee Relationship: Holding Employers Vicariously Liable

The term “vicarious liability” refers to a legal doctrine that holds one party responsible for the actions of another. Under New York law, if an employee commits a wrongful act while on the job, the employer might be held vicariously liable in a personal injury lawsuit, depending on the circumstances. This law typically does not apply to independent contractors.

The legal principle behind employer liability is known as “respondeat superior” – Latin for “let the master answer” – an employer can be held liable for the negligent acts of an employee if those actions occur within the scope of employment.

Vicarious Liability When Defective Products Cause Harm

When you purchase a product, you expect it to be safe. Yet, defective products sometimes cause serious injuries. In these cases, manufacturers, marketers, distributors, and retailers can be held liable under the theory of strict liability – a concept closely related to vicarious liability.

Under New York law, a defective product that causes injury may lead to a claim without the injured party needing to prove negligence. Whether the defect is due to a design flaw, a manufacturing error, or a failure to warn about potential risks, the responsible parties may be required to pay compensation.

Premises Liability in New York City

In many situations, a property owner may hire third-party contractors or property managers to handle maintenance and repairs. Or a property owner may delegate control over day-to-day job duties to a property management company.

What if one of these agents fails to address hazardous conditions or neglects to follow proper safety protocols and an injury occurs as a result? The property owner may share the blame – even if he or she did not personally create the unsafe condition.

Is a Parent Responsible If a Child’s Conduct Causes Harm?

Parents aren’t typically held responsible for the actions of their child or teen. However, under New York statute GOL 3-112, you can hold a parent liable if a youth’s actions were wrongful or willfully malicious, leading to injury.

The legal concept of parental liability also applies to legal guardians with custody of a minor child. However, if the child is a ward of the state or in foster care, the foster parent cannot be held liable for the child’s actions.

Vicarious Liability in Teen Car Accident Cases

Under New York’s no-fault laws, each driver’s insurance covers the respective damage for non-severe damages, regardless of who caused the accident. But what of car accidents that are caused by minors driving their parents’ cars?

Suppose a teen was on his or her parent’s insurance and caused only minor injuries. In that case, you must first seek coverage from your own insurance policy. What if you suffered a serious injury, the parents were uninsured, or your medical costs exceed your policy limits? You would have to seek compensation from the parent’s insurance company or pursue a personal injury lawsuit.

According to the NYC Department of Motor Vehicles (DMV), teenagers are overrepresented in both injury-causing and fatal car accidents, often due to inexperience and developing decision-making skills.

What if someone knowingly allows his or her child, who is an unfit, uninsured, or negligent driver, to operate a vehicle? That could be a failure to exercise reasonable care, which only increases the risk of an accident.

There could be grounds arguing that a vehicle was negligently entrusted if the child:

• Had a permit or license revoked
• Has a history of dangerous driving or DUII
• Has violated New York’s Zero Tolerance Law
• Has violated the DMV’s new driver restrictions
• Has violated limitations to his or her driving privileges or civil penalties

For a parent to be held vicariously negligent, a teen driver must have acted in a willfully malicious or negligent manner while driving the parent’s car. Yet, most teen-driver crashes are caused by driver error rather than reckless or intentional malicious driving.

If an accident occurred due to driver error, you may be unable to pursue a claim or personal injury lawsuit under vicarious liability laws. Yet, you still have a right to fair compensation, and there are other legal avenues available.

Rental Cars, Rideshares, and Taxis: Who’s Responsible After a Crash?

Under the Graves Amendment, rental car companies can’t be sued simply because they rented a car to someone who later caused an accident.

On the other hand, rental companies could be held liable for negligent entrustment if they:

• Fail to maintain their vehicles, leading to a crash
• Give misleading instructions on how to operate a vehicle
• Rent to someone who is clearly unfit to drive (such as someone with a suspended license or a history of driving under the influence (DUIs)

Rideshare companies typically classify their drivers as independent contractors, which helps in avoiding vicarious liability. However, many rideshare companies do provide insurance coverage to properly compensate a driver who is actively carrying a passenger or on the way to a pickup.

Many NYC taxi drivers are independent contractors or private taxi drivers and follow similar liability arrangements as independent rideshare drivers. Taxi companies, on the other hand, often employ their drivers and can be held vicariously liable for accidents caused by their employees.

New York City Alcohol Vendors and DUI Accidents

Alcohol-related accidents are among the most heart-wrenching and life-altering events. New York’s alcohol vendor laws are designed to protect the public against DUI accidents. It holds bars, restaurants, and liquor stores accountable if they serve alcohol irresponsibly.

New York’s alcohol vendor laws allow victims to sue establishments that serve alcohol to:

• A visibly intoxicated person who later causes harm
• Any customer who is known to be a “habitual drunkard”
• Youths under the legal drinking age, even if they weren’t visibly intoxicated

Private individuals or social event hosts who illegally sold or served alcohol to a person who is a minor or under the age limit can also be held liable for any injury or damage caused by the underaged youth.

Seeking Maximum Compensation for Your Personal Injury Claim

After an injury, financial uncertainty can feel just as overwhelming as the physical pain. But if an employer, company, or corporation shares liability, you shouldn’t have to fight alone to recover what you’re owed.

In many cases, businesses carry liability insurance policies that could provide victims with financial relief. If anything, the injured party’s insurance claim should cover any expenses incurred. However, insurance companies will try to minimize their payout.

A personal injury attorney can help you document every expense and handle negotiations with insurers. If an insurance claim does not fully cover all expenses, he or she can take your case to court to secure the compensation you deserve.

Why Vicarious Liability Matters for You

When negligence causes you injury, the ripple effects can be profound – impacting your health, finances, and future quality of life. Seeking fair financial compensation isn’t just about the medical bills. It’s about your future, your stability, and your right to accountability. No one should have to pay the price for someone else’s negligence.

If you are a personal injury victim or a loved one has suffered due to another’s negligence, don’t face the legal challenges alone – get the experienced legal representation you deserve.

Contact Hill & Moin LLP personal injury law attorneys to schedule a free consultation and review of your Personal Injury Recovery SolutionsⓇ. We are here to support you every step of your legal journey.

Don’t wonder about your rights!

Comments closed