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As society increasingly becomes more environmentally conscious as well as health conscious, more and more people are turning bicycles. Not only are people starting to bike more often to avoid taking their cars, but it is also a great form of exercise. In New York City alone Mayor Bill DeBlasio added over 100 miles of new bike paths. Citi Bikes are taking the streets by storm, as you can now see racks of bikes on every corner. There are a recorded 20.6 million Citi Bike trips made in 2019. In addition, with the onset of coronavirus, there has been a boom in bike sales and an upward trend of bikers on the road. According to the New York Department of Transportation there are over 900,000 New Yorkers who ride a bike regularly; with over 510,000 cyclist trips made each day in New York City. However, biking in a big city has proven dangerous. New York city is full of hazards. There are cars, buses, pedestrians, other cyclists, and uneven roads at every corner.  Because of all these hazards, 2019 reported the highest rate of bicycle accident fatalities as over 30 people lost their lives, three times the rate of fatalities in the previous year. With a large number of cyclists, cars, and pedestrians all sharing the same space in a crowded city, accidents are bound to happen.

What are the Most Common Causes of a Bicycle Accident?

Many factors can contribute to a bicycle accident which may be caused by the negligence of a driver, pedestrian, or biker. Elements that may contribute to an accident are impaired vision or obstructed views, disobedience of traffic laws, driver’s inattention or distraction, defective signage, poor road conditions, failure to enforce speed limits, improper lane changes, following too closely, failure to yield, and failure to exercise necessary caution while operating a vehicle or bicycle. In addition, bike accidents can have catastrophic ramifications whether the accident involves an automobile and bike, two bikes, or a pedestrian and a bike. Accidents may result in traumatic brain injury, broken bones, spinal cord injuries, facial lacerations and other soft tissue injuries, as well as the wrongful death of the cyclist.  Even if the bicyclist is equipped with all the necessary road safety equipment, a bicyclist will often be thrown to the ground by the impact with resultant serious injuries. A bicyclist may bring a lawsuit against an offending motorist and may be entitled to compensation for pain and suffering and potentially lost wages as well. Always wait for the police to come to the scene and write up an accident report. A police report will contain the name of the motorist, owner, and insurance carrier for the vehicle, as well as a description of the incident. The report will note whether any violations have been issued to the driver and all contributing factors to the incident. It is also important to seek immediate medical attention even if in the moment you are not sure whether you are seriously injured. Adrenaline may mask the true extent of your injuries. Seeking medical attention will support your later personal injury claim.

When a bicyclist is struck by a motor vehicle there are bound to be numerous medical bills. The bicyclist is generally entitled to have all medical bills paid by the no-fault insurance of the motorist. If the offending vehicle is uninsured, no-fault insurance for any vehicle owned by the biker or insurance carrier of any vehicle of any resident with whom the bicyclist resides will pay the bills. If there is no motor vehicle owned in the residence, a New York resident may file a claim with MVAIC (Motor Vehicle Accident Indemnification Corporation). This is a non-profit organization which offers no fault or bodily injury coverage for those injured in a motor vehicle accident with no available insurance to cover costs. The attorneys here at Hill & Moin LLP can assist you in filing that claim. In addition, if there are two bicycles involved in the accident your attorneys will explore if there is either homeowner’s insurance or renters insurance on the part of the negligent bicyclist that may be available to compensate you for your injuries.

If the bicyclist is working on the job at the time of the accident, workers compensation will pay for the medical bills. If you are delivering food for your job or running an errand for your employer, you are entitled to workers’ compensation benefits in addition to filing a claim for your pain and suffering attributed to your injuries. Hill & Moin LLP will facilitate free compensation with a skilled workers’ compensation attorney who can help you file all necessary forms with the New York Workers’ Compensation Board (WCB).

Underinsurance is also an important factor to remember. If the motorist who struck you only has minimum coverage of $25,000, which is required in New York, you should check the insurance policy of your own vehicle or the insurance policy of an owner of a vehicle with whom you reside. If the coverage is above the required minimum of $25,000, you may make an underinsurance claim with that insurance carrier policy for additional compensation if you are able to secure a tender or surrender of the entire underlying insurance policy by the insurance carrier of the responsible party.

New York City passed Administrative Code 19-190 in order to try and reduce fatalities and injuries involving motor vehicles and bicycles.  This Code states that  “any driver of a  motor vehicle who fails to yield to a  pedestrian or person riding a bicycle when such pedestrian or person has the right of way… and whose motor vehicle causes contact with a  pedestrian or person riding a  bicycle and thereby causes physical injury,  shall  be guilty of a  misdemeanor, which shall be punishable by a fine of not more than two hundred fifty dollars, or imprisonment for not more than thirty days or both such fine and imprisonment. In addition to or as an alternative to such penalty, such driver shall also be subject to a civil penalty of not more than two hundred fifty dollars” (NYC Admin Code 19-190). This code was enacted as a response to the great number of bicyclists who are injured by motor vehicles each year in New York City. Bicycle accidents can be highly complicated with respect to determining which insurance policy will pay for medical bills, lost wage, and pain and suffering. You need skilled, experienced attorneys who can help you navigate the maze of New York laws so you can get necessary medical treatment while you aggressively pursue financial compensation for your injuries.

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In today’s day and age social media often plays a large role in our lives. This is how we stay connected to friends, share our vacation photos, post updates about our lives, and much more. It is all too common for people to share every aspect of their lives on these platforms, and even post photos of their breakfast. However, if you are involved in a personal injury lawsuit it is vital to avoid posting on social media. As we all know, once you put something out on the internet it is no longer yours. In cyberspace that picture, comment, or post is out there for the whole world to see. Simply deleting the post does not guarantee that it is gone. Therefore, it is of the utmost importance not to share anything on any social media site for the duration of your case.

What Will Happen if I Post to my Social Media Account?

Anything posted on Facebook, Instagram, or Twitter about the accident can and will be used against you by the defense. A post or picture may that differs your testimony or a written statement you have given. If you officially state that you are in too much pain to engage in physical activities, but then post a photo showing you exercising at the gym, dancing at a club, or playing a game of basketball, this will impact negatively on your credibility. Photographs are powerful comments on your physical condition.

Be extremely careful about what you post. Better yet, avoid posting at all. Advise your friends and family not to post pictures of you as well. A photo depicting you as being the picture of good health will diminish your prospects of monetary recovery. Social media at best will have no impact on your case, but it has the potential to very significantly lower the settlement value of your case.

Additionally, put all your accounts on private and be particularly vigilant against friendly new strangers that ask to friend you during your case. Even if your account is on private settings do not be lulled into the false sense of security that your account is invisible; the internet is by design not a private place, and posts seem to always have a way of making it to the public eye. As social media takes on a greater role in our lives, courts are more inclined to admit social media posts into evidence.

Don’t derail your case by using social media unwisely! Even postings not related to your accident can affect your case. Don’t think for a minute that trivial political comments might not have an adverse effect on the outcome of your case. Be hyper aware of what you and your friends are posting! When you abstain from social media you avoid the consequences of being ambushed during questioning at your deposition and trial as to what you have posted on your social media sites. Don’t let social media impair your prospects for a large settlement.

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Electric scooters, specifically Revel mopeds, have taken New York City streets by storm. Starting out in Brooklyn in 2018, these mopeds made their way to Queens in 2019 and NYC in 2020. With the outbreak of the novel coronavirus, Mayor Bill De Blasio stated that New Yorker’s will have to “improvise” how they get around the city. With the hunt to find new modes of transportation that are convenient and environmentally friendly came the expansion of Revel into the bustling NYC streets.  Although there was a boom in ridership, the optional safety classes were suspended due to the pandemic. This combination may have led to two fatalities and a vast number of other reported electric scooter accidents. Due to these tragic incidents, Revel had no choice but to suspend service. Revel tweeted that “we’re reviewing and strengthening our rider accountability and safety measures and communicating with city officials, and we look forward to serving you again in the near future.” These scooters can reach speeds up to 30 miles an hour, five miles over the New York City speed limit. Yet there are no municipal or state training requirements. The rider need only download the app, upload driver’s license information, and pay a small fee.

Are Electric Scooters Safe?

A former Revel employee even reported that “as a rider with experience, I do not trust them. They’re cheap, They’re plastic. The wheels are small in circumference. It’s a bouncy ride. In the rain we would get a lot of accidents.” This ex-employee went on to state that “you never know if you are going to get a safe and reliable vehicle. It’s kind of like a lottery.” You cannot play the lottery with your life, your passengers’ life, or the countless lives of the pedestrians and bicyclists around you. While these bikes are simpler than riding a motorcycle, the risks are the same and people are only now realizing that motorized mopeds are not toys. While the app does require people to wear helmets, there are countless reports of customers riding these bikes without helmets, wearing flip-flops, and carrying young children on their backs. They can easily fall risking broken limbs, spinal cord injuries, and even brain damage due to lack of protective gear and the high speeds.

These electric bikes are registered motor vehicles.  The mopeds are certified by the U.S Department of Transportation and registered with the NY Department of Motor Vehicles.  NY state classifies these mopeds as “limited-use motorcycles,” but Revel does not require more than a driver’s license to operate it.

Know your rights if you are involved in an accident involving a moped, electric bike, or motorized scooter. The attorneys at Hill and Moin LLP will help you seek compensation for personal injuries attributed to a collision involving any of these vehicles of transportation.

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Mrs. D.H., a teacher at a synagogue in her community, was shopping at a grocery store in Borough Park, Brooklyn when she fell while reaching for a product on the shelf.

A friend of Mrs. D.H.’s community, having previously worked with Hill & Moin, knew that they were the best suited firm to represent Mrs. D.H. and obtain for her a settlement that would more than satisfactorily compensate her for her injuries. Initially, Mrs. D.H. had many questions and doubts about starting a premises liability suit. With their many years of experience as litigators, the attorneys at Hill & Moin were able to fully clarify how the litigation would proceed and put Mrs. D.H at ease.

Mrs. D.H. is very thankful to Hill & Moin for helping her through the litigation process, navigating the many hurdles of the legal system. “To all the staff at Hill & Moin who worked so diligently and with much effort in settling my case – May God bless you all and shower you all with much luck and success. You have my highest recommendations.”  A settlement right before the Holidays came as “a reward from God”, says the teacher.

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It seems that the automotive industry, like so many others, is headed down the path of automation. Spearheading this revolution are companies like Tesla and Google, who have slowly but surely begun to usher self-driving cars into the mainstream. While not quite “mainstream” just yet, the introduction of this burgeoning technology into our society raises a number of legal and logical questions that as of now have no definitive answers.

Will Driverless Cars be Safer?

One question that immediately comes to mind is whether self-driving cars will truly provide a safer driving experience. While it’s true that self-driving cars don’t text, drink or drive, it’s also true that technology is often prone to failure. Think about how frequently the technological devices you interact with daily experience some type of complication (i.e. a computer freeze, mysterious phone shutdown, etc.) While these issues are usually not catastrophic, it goes to show how fickle modern technology can be. One little error or freeze within a self-driving car’s hardware could be the difference between a normal driving experience and a life-threatening car accident. According to a study conducted by the University of Michigan, driverless cars have an accident rate of 9.1 crashes per 1 million miles, compared to only 4.1 crashes per million in cars operated by humans. Clearly, the technology just isn’t there yet.

While concern about placing trust in a computer to get people from place to place will likely last for some time, there are marked benefits to consider. Self-driving vehicles will likely never get lost, distracted, or drag race at a stoplight. They could also enable humans to be more productive during their ride, turning attention to other things like news or business-related activities. Ultimately, the jury is still out on how safe driverless cars will be. However, over 2.5 million injuries per year due to human-operated car accidents, the potential for self-driving, electric cars may have significant benefit for society.

Liability in Driverless Car Accidents

The issue of potential liability for driverless car accidents is presently unsettled. Because driverless cars are still niche, we’ve yet to really see how the law is applied when accidents occur. Will injured parties attempt to sue the car companies, people behind the wheel, or both? Who is really at fault?

The first recorded pedestrian fatality from an autonomous vehicle occurred in March of 2018. A woman was crossing the street in Tempe, Arizona when an autonomous Uber vehicle struck and killed her. The woman’s family reached an unknown settlement with Uber less than two weeks after the accident.

Another noteworthy incident occurred in 2019 when a Florida man was killed after colliding with an 18-wheeler. At the time of the collision, his Tesla was operating in autopilot mode. The victim’s family is currently suing Tesla for wrongful death, though no settlement or verdict has been reached.

A subsequent lawsuit called Hudson v. Tesla and Oscar Enrique Gonzales Bustamante was filed in Florida. Here, the plaintiff’s Tesla was cruising at 80 mph in autopilot mode. The Tesla collided with a disabled vehicle on the side of the road, causing the plaintiff serious injuries and totaling his car. This lawsuit has yet to be decided, but its interesting to note that the plaintiff is pursuing compensation from both the car company (Tesla) and the owner of the disabled vehicle (Bustamante).

These three cases foreshadow the notion that victims will primarily seek compensation from the companies designing the faulty autonomous technology, as well as from the car companies themselves. In the first case mentioned, Uber was using a Ford Focus but was solely responsible for creating the faulty technology and, as such, were the party being sued.

In the second case, several charges have been levied against Tesla. These include charges of faulty technology and false advertising related to the efficacy of the vehicle’s autonomous capability. Allegations in the third case are much the same as the first and second.

Though no high-profile case has been decided in court, it appears from ongoing cases that the legal trend will be for injured parties to seek compensation from autonomous car companies, rather than autonomous car occupants. How this will shape the field of personal injury law isn’t totally clear, but it’s safe to say findings of fault will be a more complex issue in basic car accidents than ever before. Only as the technology continues to develop and more lawsuits are filed, however, will we know for sure.

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If you are a plaintiff in a personal injury case, you can reasonable expect that at some point during your case, you will be surveilled by a private investigator. Insurance companies typically contract the services of personal investigators to photograph and film plaintiffs. They do this to make sure a plaintiff’s behavior is consistent with their injuries. As an injured person, it’s important to know what to expect regarding surveillance, as well as how you should conduct yourself on a daily basis, and how you can limit your exposure.

What Rights Do Private Investigators Have When Conducting Surveillance?

As long as a P.I. is not trespassing on your private property, he or she can record you anytime and almost anywhere. While it may seem intrusive, the law in New York allows P.I.’s to surveil with near impunity. For example, if a P.I. is parked in your neighborhood and you’re on your front lawn, or even in your living room, the P.I. is authorized to record you. This footage could ultimately be used as evidence against you, should the defense believe it serves to discredit your injury claim.

There are some exceptions regarding the rights of private investigators and surveillance, however. A private investigator may not record you in any area where you have a “reasonable expectation of privacy”, such as a bathroom. Private investigators are also barred from trespassing on private property to record or set up hidden cameras. Other than these exceptions, private investigators can surveil you in any location.

How Private Investigators Learn Personal Information About Plaintiffs

There are several ways private investigators learn about plaintiffs. Typically, defense attorneys will ask very personal questions during depositions. Responses to these questions often give them enough information to relay potential habits to private investigators. For example, lawyers may ask plaintiffs what their typical day looks like, where they go to church, where they get coffee, etc. Based on answers to these questions, attorneys will hire private investigators to follow up.

Private investigators will then begin to study plaintiffs’ habits, often following them from their homes and observing their daily routines. Private investigators are trained to be discrete, so it’s likely the average person would never know they were being observed. This is where adherence to normal behavior becomes a key factor.

Even if you were seriously injured, it’s likely some days will be better than others, and you may feel more active than usual. Understandably, this could spark a desire to get out and jog, walk more than usual, etc. If this behavior would constitute a marked departure from your norm, the defense would not hesitate to use it as evidence to discredit the severity of your injuries

Social media is another important way in which private investigators glean information about injured plaintiffs. Because pictures and text posted to social media accounts are considered public information, private investigators have the right to take these things and give them to the defense, who may use them as evidence. For example, if you claimed to be bed-ridden after breaking your back, but posted a picture of you at the beach in a wheelchair (or outside of your house in general), the defense could use this to discredit your claim of being bed-ridden, even though you are clearly still injured.

How You Should Conduct Yourself Day-to-Day

As was discussed earlier, private investigators search for any deviation from what may be normal behavior after an accident, or any behavior that might discredit the impact of your injuries. Because of this, it is important to maintain strict adherence to your behavioral norm throughout the duration of your case.

For example, if you were to have an injury that resulted in permanent usage of a cane to walk, it’s very important that you continue to use the cane. Even though there will likely be days where you feel better and maybe don’t need it, it’s important not to provide the defense with any evidence that could discredit the seriousness of your injury.

As for social media, the same logic is true. Avoid posting images or text that may contradict or minimize your injuries. Also, be mindful of what others post of you, because its likely a P.I. will be closely monitoring your friends’ social media profiles as well.

Limiting Exposure

Because private investigators are trained to be thorough, limiting your exposure to their surveillance can be difficult, but there are a few things you can do to increase your privacy.

Even though it may be an uncomfortable thing to have to do, consider closing the blinds in your home during your case. Because private investigators are authorized to record activities in your home (excluding the bathroom), closing the blinds allows you more autonomy and privacy.

Also, consider making your social media accounts private. Both Facebook and Instagram have options to make your profile “private.” This option allows only those you’ve accepted as friends to view your content. If you do utilize this option, be very careful about who you accept as friends going forward. A private investigator could, in theory, create a fake account to try and infiltrate your profile. If you’re careless with who you allow to be your friends and followers, you could compromise the privacy that this option affords you.

Conclusion

Though it may be intrusive and uncomfortable to have to deal with a private investigator’s surveillance, it’s normal procedure in a personal injury case. It’s important to consider your conduct on a daily basis so as not to provide the defense with evidence that could harm your case. If your conduct is consistent with your injuries, the defendant’s surveillance will not likely decrease the value of your case.

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Though it may seem appalling to consider suing a family member, lawsuits between family members are generally a civil process that won’t actually harm the family member being sued. Most often, lawsuits for personal injury commenced against a family member are defended by an insurance company and that insurance company will take on the responsibility to pay any money owed to the victim. There are some things to consider, however, before you decide to sue a family member.

Your Family Member’s Current Situation

Consider a situation where you are walking down a staircase in your mother’s home and a stair collapsed, resulting in serious injuries. Assume that your mother knew the stairs were in bad condition and failed to warn you. You may have a viable claim for personal injuries against your mother. But can you really sue your mom and maintain your loving relationship? The answer likely depends on whether your mother maintains a homeowner’s insurance policy that will cover the accident.

If your mother carries homeowner’s insurance, your lawsuit against your mother will be defended by her insurance carrier and they will likely pay any monetary damages owed to you if your mother was responsible for your injuries. In this situation, your mother would not suffer any financial hardships as a result of your lawsuit against her. This example clearly demonstrates how having adequate insurance can protect family members if they get sued and allows injured victims to have recourse to recover money from their injuries without having to worry about bankrupting a family member.

If you are involved in a car accident where you make a driving error, resulting in injury to your spouse passenger, she may be able to sue you and recover insurance proceeds. Furthermore, if your spouse loses their life in the accident, their relatives can file a wrongful death claim.

A “friendly claim” is a claim that is guaranteed to only pay out damages from your car insurance policy, incurring on the policy holder no cost. This is a situation where you (the person being sued) would likely be fine with a member of your family suing and would probably even encourage it. Policyholders usually must opt-in to have such coverage on their policy.

If a family member is uninsured, the situation is completely different. Bringing a lawsuit against an uninsured person subjects that person to complete responsibility for any damages they may have incurred as a result of your injury. For example, if the jury awarded you $100,000 in damages for the injuries you sustained on your mother’s staircase, she would be responsible for paying out the entirety of that award. Here, there could be animosity created between you and your mother, because you are now suing her directly, not the insurance company.

Ultimately, you should consider your family member’s financial and emotional situation before filing suit. If the relative you seek to has adequate insurance coverage, suing them will likely be a far more congenial affair. In contrast, if you know that your relative is in a tough spot financially and has no insurance to cover them in a lawsuit, you might think about finding an alternative solution to your dispute.  If you are going to sue a family member, you may be well advised to let your relative know you are not seeking a dime from them personally,  but are using a civil process to recover desperately insurance proceeds to adequately compensate you for your devastating injuries, loss of wages, and future medical treatment.

Though your relative’s situation is important to consider, you must also think of yourself. If your injuries are severe, you may have already incurred a great cost from medical bills, physical therapy, and accommodations to help you adjust to living with such injuries (cane, wheelchair, etc.). Also, you may have missed a great deal of work, or can no longer work at all. In a situation like this, there is often no choice but to sue, even if doing so might create turbulence between you and your relative.

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The Child Victims Act, enacted on August 14^th, 2019, extends the statute of limitations for survivors of child sexual abuse in civil and criminal court.  This important act extends the time period in which survivors can file a claim for monetary damages. Not only can a victim of sexual abuse bring a claim against an individual, but also against an institution which is connected to the wrongdoing. In the past survivors had a limited number of years after they turned 18 within which to commence a civil lawsuit against abusers. However, the legislature recognized that trauma often caused emotional incapacity to victims for years before they could come to terms with the unconsented bodily exploitation. By then, often the statue of limitation had passed. For claims that have already expired under the old statue of limitations, those over the age of 23, have a one year “look back” period. This period was set to end in 2020 but with the onset of coronavirus Governor Cuomo has now extended this period until August 14^th, 2021. Because of the reduction in court services, it is paramount that survivors have the time to file their claims and get the justice they deserve.

Cuomo states that “the Child Victims Act brought a long-needed pathway to justice for people who were abused, and helps right wrongs that went unacknowledged and unpunished for far too long and we cannot let this pandemic limit the ability for survivors to have their day in court.” The governor continued, “as New York continues to reopen and recover from a public health crisis, extending the look back window is the right thing to do and will help ensure that abusers and those who enabled them are held accountable.”

Hill & Moin are Here to Help

If you were a victim of sexual assault or abuse as a child do not hesitate to call the skilled attorneys here at Hill & Moin LLP so we can help you get the justice that went long overdue. Hill & Moin LLP can explain how the extension interacts with the Child Victims Act. Know Your Rights!

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Cecile G. was responsibly driving east in Long Island on a sunny day enjoying the drive, when she was struck on the passenger side by a vehicle that had exited a parking lot. The collision caused Cecile G.’s car to strike another vehicle. Cecile G. sustained 5 fractured ribs and soft tissue injuries. Cecile G. would no longer able to go out, drive and enjoy doing her favorite activities.

Speeding Accident Attorneys You Can Trust

Cecile G. knew of Hill & Moin’s superb personal injury lawyer reputation and retained their services. As a result of their hard work and dedication to securing the best possible outcome, even in the midst of the COVID-19 pandemic, Cecile G.’s car accident case was settled for $150,000 much to her surprise.

Cecile G. was ecstatic upon learning the outcome of her case. She described Hill & Moin’s work on her case as “phenomenal”. She stated that all members of the office were very patient, kind and professional. They answered all her questions and left her feeling confident that her case was in good hands. Cecile G. plans to save her settlement proceeds during this trying time. Cecile G. stated she will highly recommend our office to any relatives or friends and anyone who are in need of highly experienced advocates.

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After finishing a long day of work as an assistant manager, A.F. looked forward to going home to relax and take care of her children. She missed the bus and decided to walk home. While walking, she tripped and fell due to a sidewalk defect. This would be the last walk she took for a very long time. As a result of this premises liability incident, A.F. suffered fractures to both of her ankles.

Hill & Moin Can Help

Acknowledging the extent of her injuries, A.F. knew that she would need highly regarded and well-known legal representation. She found the Hill & Moin website and was impressed. She called Hill & Moin and they immediately conducted an investigation and litigated with vigor. As a result of their drive to achieve the best possible results for their client, A.F.’s case was settled for $775,000.

Upon hearing the news, A.F. was ecstatic. She described her experience working with Hill & Moin as “great” citing their “very nice staff” who “answered her questions and were very responsive”. A.F plans on using her settlement proceeds to buy a house. A.F. stated that she would definitely recommend Hill & Moin to anyone who is in need of a firm that goes above and beyond for their clients.

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