Personal Injury Law, New York Style

In Tough Economic Times City Sidewalks Could Become More Dangerous, Warns Noted New York Personal Injury Lawyer

2009-04-06T12:21:00.000-07:00

Photo by Inevernu via Flickr

NEW YORK, NY (April 6) – Severely sprained ankles, broken bones, torn ligaments, concussions, brain and other internal injuries, chronic pain and suffering, hospitalization, loss of work, even loss of life -- these are just some of the serious consequences of slip, trip and fall accidents, a chronic and often trivialized problem that could get even worse if the
Department of Transportation is forced to
make cuts in the number of workers and
repair crews assigned to fix defects in city sidewalks, according to Joseph Sullivan, a New York personal injury lawyer.

“Fall down accidents,” Sullivan said, “often result in very serious,
debilitating injuries and end up costing accident victims far more
in terms of pain and suffering than the amount of money awarded to them by the courts.”

According to a recent report, the most frequent types of slip, trip and fall accidents include broken wrists, and foot and ankle injuries known as Avulsion fractures, a medical term used to describe a debilitating injury where pieces of bone are ripped free by stronger ligaments that become stretched.

“The elderly are particularly vulnerable to hip fractures, and often die as a result of their injuries,” Sullivan said.

Sullivan said the law imposes a duty on landowners to maintain their property in a reasonably safe condition.

“Taking a broader view,” he emphasized, “personal injury cases as a whole serve a very important function that benefits every member of society.
New York City, as well as every other city in the United States, is a much safer place because the law grants an individual the right to retain a lawyer and file a personal injury lawsuit if they are injured due to the negligence of a landowner.

“The existence of this right,” he added, “provides a financial incentive to municipalities and landowners to allocate funds toward maintaining their sidewalks, streets and highways.”

He said that in difficult economic times it might be tempting to cut back on such expenditures.

“The result is a more dangerous city,” he said, “and more injuries to its residents and visitors.”

In the event of an accident, he advises victims to take pictures of the sidewalk defect, or have someone do it for them as soon as possible before the defect can be repaired, which is particularly true in hazardous, but transitory situations, like when the sidewalk is covered with ice and snow.

Sullivan said that over time, laws in New York State have changed, sometimes to the detriment of city dwellers.

“Like private landowners,” Sullivan said, “in order for the City to be held responsible for a fall down accident, the victim must prove the sidewalk had a defect that caused them to fall.

“But unlike private landowners,” he continued, “in order for the city to be held responsible for the injuries caused by a defective condition on its sidewalk and streets, the individual must prove that the city either created the condition, or had written notice of the defect at least 15 days prior to the accident.”

This regulation, enacted by the City of New York in 1979, was widely publicized and has come to be known, euphemistically, as the Pothole Law.

According to Sullivan, prior to the adoption of The Pothole Law all a victim's accident lawyer had to do was find a witness, or an expert who could tell how long the defect had been there and that it should have been fixed. The Pothole Law changed all of that for cases against New York City.

In a recent audit done by the City Comptroller’s Office, The New York City Department of Transportation was found to have failed to inspect one out of every five complaints of sidewalk defects. Violations remained unfixed for an average of four years. Yet despite these grim statistics, slip, trip and fall lawsuits against the city have plummeted since 2003, when a law shifted the responsibility for faulty sidewalks to commercial property owners and owners of multiple unit dwellings -- absolving the city of many claims.

“In many instances, the city has placed the onus of failure to maintain sidewalks on the property managers and landlords,” Sullivan said.

When landlords act reasonably, Sullivan explained, they are protected by the jury system – a system that requires five out of six fellow citizens to agree that the landowner did not act reasonably before the court requires the landowner to compensate the injured individual.

“Moreover,” he said, “the jury is instructed by the judge to compensate the individual commensurate with the damage the landowner caused and to reduce those damages to the extent it finds the individual contributed to causing the accident.”

He added that the system provides a further check on excessive jury verdicts by giving the defendant the right to have the amount of the award reviewed by an appellate court. If the damages are excessive, three judges will review the award and reduce it to what they feel is fair and just compensation based upon the accumulation of past cases.

“It is always advisable,” he stressed, “to hire a personal injury lawyer to notify the landowner promptly after the accident occurs to make sure that the landowner has put it’s insurance company on notice. Otherwise, the insurance company may deny coverage.”

He said that a private landowner may be sued up to three years after the accident occurred. Whereas, an individual has only 1 year and 90 days to sue the city.

Sullivan advises New Yorkers who see a potential sidewalk hazard to call 311 to report the defect to the city. And, to be on the safe side, he advises pedestrians to write a letter to the city, since calls to 311 may not satisfy the requirement that the city be given written notice.

After tending to their injuries, Sullivan recommends that victims of a slip, trip and fall accidents hire an accident lawyer to determine: who is responsible for the maintenance of the location of the accident; whether there are any filing deadlines; who owns the property; if pictures have been taken of the defect and, if not, have some taken; if the owner has insurance and who the carrier is; to place the carrier on notice of the accident to ensure insurance coverage; and, to determine any filing deadlines and prepare appropriate documents.

“The simple fact is,” he concluded, “slip trip and fall accidents are not a boon to greedy trial lawyers, but are often challenging cases that require an experienced, skilled trial attorney to obtain modest compensation for injured individuals.”

January Is the Most Dangerous Month of the Year for Pedestrain Knockdowns, says New York Auto Accident Lawyer Joseph Sullivan

2009-01-14T14:09:00.000-08:00

NEW YORK, NY (Jan. 14) – It's a little known fact, but January is the deadliest month of the year for pedestrians in New York City, and New Years Day is the deadliest single 24-hour period for walkers trying to cross a city street safely, said Joe Sullivan, a New York auto accident lawyer whose legal representation of vehicle knockdown victims has resulted in the recovery of millions of dollars for his clients.

"New York City is one of the most dangerous places in the country for those on foot, especially in the month of January," Sullivan said. "Rich and poor alike, New Yorkers walk everywhere. But while it is getting safer to stroll around town, some of the most dangerous streets, and careless drivers, on earth are still right here in the five boroughs, particularly in Manhattan. The Bronx is by far the most unsafe place for kids walking to and from school each day."

Sullivan points out that each year dozens of pedestrians – residents and tourists alike -- are seriously injured, or killed, crossing a city street in January.

In fact, according to an analysis released in November of last year by the Tri-State Transportation Campaign, a policy watchdog organization, from 2005 to 2007 Third Avenue and Broadway were each the site of 10 fatal accidents to pedestrians from New Years Day to January 31.

"You can't take safety for granted in this city, especially during the winter months," Sullivan warns.

Just last Monday, two women were killed and a man was injured during three separate pedestrian knockdown incidents. One of the victims, a woman from Hollis, Queens, was pronounced dead at Mary Immaculate Hospital only minutes after she had been hit by a drunken motorist.

Sullivan explained that in order to mount the strongest legal case possible for motor vehicle knockdown victims, he must first gather all of the relevant details of the accident. He needs to know if the person crossed at the corner, or in the middle of the block. If the person was waiting at a designated pedestrian crosswalk. If the person crossed the street with the signal in his or her favor. How far across the street the person was when they got hit. In what direction the car came from. And, if the pedestrian looked both ways before crossing.

"If you are hit by a car, or by some other moving vehicle, consult with a lawyer," he advises. "It always comes down to whether both parties were exercising reasonable care under the circumstances. If the vehicle failed to exercise reasonable care and that caused the accident, the driver will be held responsible."

To avoid being blindsided by an inattentive driver, Sullivan strongly recommends that pedestrians always look both ways before crossing the street. Then before taking your first step, look both ways again. And, then again. "Even if you have a green light," he said, "you should pay attention to the flow of traffic until you are safely on the other side of the street.

"This rule is especially true for older people," he said. "Older people are typically more vulnerable when they are crossing the street because they are not as nimble as a younger person and can't get out of the way of danger as fast, and because they are more likely to be injured if they do get hit."

Taxis as a group, he continued, tend to be involved in more accidents in New York City, partly because there are so many of them on the road and drivers are often competing for customers and are swerving across lanes to pick up fares.

"The minimum required liability insurance policy limits in New York State are $25,000 per person, $50,000 per accident," he explained. "On the other hand, taxis are required to have $100,000 per person for liability insurance and $300,000 per accident."

Suliivan explained that when a person is seriously injured by a private vehicle owner, the amount of the insurance policy would often limit the victim's recovery because most people with limited insurance policies also have limited assets. "Even if they do have assets," he said, "enforcing a judgment against them can be very difficult."

According to Sullivan, many accidents happen when a driver is making a left turn onto the street the pedestrian is crossing and the driver of the vehicle doesn't see the pedestrian until it's too late.

"Sometimes the configuration of the roadway," Sullivan said, "its width, the timing of the lights and pedestrian crosswalk signals contribute to increased incidents of pedestrian accidents. But most pedestrian knockdowns occurring at intersections are caused by driver inattention."

"In New York," he said, "an individual injured in a car accident is entitled to No-fault benefits, which is insurance coverage that every vehicle is required to carry. The benefits immediately pay for all medical treatment required because of the accident, 80% of lost wages up to $2,000 per month and other necessary expenses up to $25 per day, regardless of who is at fault. An application for no-fault benefits has to be filed within 30 days of the accident so an individual should not delay in contacting an attorney.

"In return for requiring insurance companies to pay no-fault benefits," he added, "the legislature in New York State has required individuals injured in car accidents to prove that they sustained a ‘serious injury' before they can recover for their pain and suffering in a lawsuit against the driver. Serious injury is defined in Insurance Law s5102 (d) and includes some very clear and objective categories, such as a fracture, and several less clear categories, such as a significant loss of use of a body system or function."

The value of a case, he explained, depends first on whether an individual can prove he sustained a serious injury, and how significantly the injury has impacted the individual's life and ability to perform his usual activities.

"At Sullivan & Brill, we represented a women who was walking along 77th Street at Central Park West after visiting the floats in preparation for the Macys Thanksgiving Day parade. She was hit by a car traveling southbound on Central Park West. The driver claimed that our client walked out into the street into the side of his car and our client claimed that the driver of the car was not paying attention and hit her from behind. Our client sustained a herniated disc in her lumbar spine and was unable to work for three months after the accident. We were able to obtain a $90,000 settlement for her just prior to jury selection."

New York's Personal Injury Lawyers Can Help!

2008-10-13T11:17:00.000-07:00

If you've ever been in an automobile accident or been injured in a construction accident, you know how important a personal injury lawyer can be in making sure you're compensated for your loss. Personal Injury Attorneys in New York City handle such diverse cases as auto accidents, birth injury, wrongful death and brain injury. If you or a loved one has suffered a personal injury in New York City, a personal injury attorney can help you.