Jaroslawicz & Jaros, PLLC
Call or email to schedule a FREE consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros, PLLC
Call or email to schedule a FREE consultation.
212-227-2780 800-269-2780
Free transportation can be provided.
Jaroslawicz & Jaros, PLLC

New York City Rallies Against One Pedestrian Death Per Day Average

Q: How many pedestrians die each day in accidents in New York City?

On average one New York pedestrian gets killed by a vehicle almost every day? Something must be done. And that is the sentiment that led to a November rally in City Hall Park of parents, families, and friends who've suffered the tragic loss of a child due to pedestrian accidents. In addition to the daily fatalities, there are countless other car accidents that leave pedestrians with devastating personal injuries. When pedestrians are seriously injured by the negligent, reckless, or intentional actions of another, they may commence a personal injury action to recover compensatory damages over and above the "no-fault" insurance maximum benefits. They can recover for the medical bills associated with the accident, anticipated future medical and therapeutic costs, property damage, lost wages, pain and suffering and more. The amounts and types of damages vary depending on the particular circumstances of each case, so it is important to seek counsel from an experienced personal injury attorney as soon as possible after the accident and before accepting any settlement offer from an insurance company. When somebody is killed as a result of an accident, their close relatives may be entitled to sue for funeral expenses, medical bills, lost support, and other damages through a wrongful death lawsuit. A personal injury or wrongful death lawsuit can't turn back the clock, but any recovery can assist the victim or their family with the financial burdens that result from the accident. One mother attended the November rally in support of her son who was killed this summer just weeks after graduating and moving to New York City to follow his dreams. If your loved one has been killed or injured in a pedestrian accident with a motor vehicle, the Manhattan firm of Jaroslawicz & Jaros can offer compassionate help and maximize your recovery while you focus on your grief. We've been serving clients throughout New York, as well as those injured while visiting New York, for over 40 years. Contact us at 800-269-2780 for a free consultation.

Train Derailment Accident Case Takes a New Turn

Q: What is the cause of most train accident injury cases?

Whether it's for your daily commute, a pleasure ride, or part of your vacation plan, traveling by train can be less stressful and even safer than driving or other methods of transportation. You can work, read, chat, eat, and even sleep without having to pay attention to driving. Someone else has been entrusted with that job. But what happens when the engineer is negligent or reckless-- or if some other factor or combination of factors intervenes-- causing a tragic accident? While train accidents may happen less frequently than automobile accidents, when they do occur they often result in numerous serious injuries as well as some fatalities. That was the case when a Metro North train traveling at an excessive speed derailed in December 2013 after its engineer fell asleep at the wheel. While he was sleeping, the train took a turn at 82 mph (instead of the 30 mile an hour speed limit that was deemed safe for the turn), causing the train to careen off the tracks, and scattering tipped-over cars all along the trackside in the Bronx, New York crash. Approximately 70 passengers were injured and four people were killed in the crash. The 20-year veteran engineer-- who was cleared of criminal liability in the crash and who federal investigators said suffered from an undiagnosed sleep disorder that caused him to doze off that fateful day-- marked the third anniversary of the horrific crash by commencing a $10 million lawsuit against Metro North. The suit alleges that the railroad was "negligent and reckless for failing to provide him with a safe workplace" and for not having an automatic brake system. He reportedly suffers from "severe and permanently disabling injuries" to his left shoulder injury and post-traumatic stress disorder as a result of the accident. Investigators found nothing wrong with the brake system. More than 2,000 train accidents happen annually in the United States and approximately 70% are derailments. The most common cause of railroad accidents--human error-- accounts for approximately 34% of all railroad accidents and is often due to an engineer failing to abide by speed limits and failing to properly apply the brakes. Passengers injured in a train accident are entitled to compensatory damages for such items as medical bills, lost wages, property damage, and pain and suffering. If you or a loved one has been injured, or a loved one has been killed in a train accident, you need a personal injury and wrongful death attorney with experience in the complex legal arena of train accident claims. The attorneys at the New York City law firm of Jaroslawicz & Jaros have been representing clients in high-profile train accident cases for decades and can help you maximize your recovery. We also help those injured stepping on and off trains. Don't accept any insurance company settlement without speaking to an attorney. We represent clients all over New York as nationwide. Call 800-269-2780 for free consultation today.

Another New York City Crushing Crane Accident

Q: Who is responsible for personal injuries or death in a construction accident?

If you've ever wandered the streets of New York City and the surrounding boroughs, you'll notice construction on every corner...from scaffolding along the sidewalks to gigantic cranes hoisting heavy materials high overhead. Construction work is inherently dangerous. Construction accidents may give rise to numerous claims and lawsuits, depending on the particular circumstances. A skilled construction accident attorney has extensive knowledge and experience in this complex area of law in which the doctrines of personal injury, wrongful death, and Workers' Compensation ("Workers' Comp") often overlap. When an employee is injured on the job, s/he is entitled to Workers' Comp benefits. Workers' Comp covers the employee's medical expenses for treatment and rehabilitation related to the injuries suffered in the workplace accident. In addition, Workers' Comp will pay a percentage of the worker's weekly wage (based on a particular formula). However, Workers Comp benefits do not compensate for the worker's pain and suffering. Can a worker injured on a construction site recover pain and suffering damages and compensation for all their lost past and future income and medical needs? Fortunately, the complex field of construction accident law enables an injured worker to also sue one or more third parties who may be liable for his or her injuries. Owners, architects, equipment manufacturers, general contractors, subcontractors and supervisors could shoulder some of the blame if safety rules and regulations were not followed or if a defective or dangerous product was involved. There are countless examples of dangerous products including scaffolding, cranes, power tools, bulldozers, forklifts, boilers, and other construction equipment. Recently two workers were killed in a crane accident in Queens, New York when a 6,500 pound beam that a crane was lifting came loose and crushed not only the crane operator in the cab but also a flagman on the ground. An investigation will look into many factors to determine which parties may be liable for the accident and the resulting injuries. One factor to consider would be whether or not it was safe to operate the crane that day with winds gusting at more than 40 miles an hour and whether wind was a factor in the accident. New regulations for crane operations on windy days were enacted in response to a prior deadly crane collapse last winter which was blamed in part on strong winds. Another theory is that a "rigging failure" may have sent the beam crashing to the ground. Had they survived, the crane operator and flagman could have pursued Workers' Comp claims and personal injury lawsuits for their serious injuries. Since they died from their injuries, certain close relatives may be entitled to recover compensatory damages under a wrongful death claim, depending on the particular circumstances. Wrongful death damages may include funeral expenses, the medical costs associated with the accident, lost income/support of relatives who relied on the victim for financial support, and more. Each construction accident case, whether for personal injury or wrongful death, is unique and requires careful evaluation by an experienced attorney. The attorneys at Jaroslawicz & Jaros in New York City have extensive experience in construction accident cases and have obtained many multi-million dollar settlements and verdicts on behalf of injured construction workers, including a record-breaking $44 million verdict for one worker. If you or a loved one has been injured in a construction accident, call Jaroslawicz & Jaros for a free consultation at 800.269.2780.

Personal Injury Headache for New York Lax Player & Coach

Q: Can a college athlete sue for a personal injury sustained at practice? When a child goes off to college, fear of an accident, injury, or sickness is a real worry. The degree of worry may depend in part on the kinds of risks that are inherent in the student's particular lifestyle. Athletes are, by nature of their participation in competitive sports, at an increased risk of injury as opposed to those not engaged in such activities. And with contact sports, the risk is highest. But that doesn't mean that by participating they assume the risk of all injuries they may sustain. Despite the inherent risk of sport, athletes can be injured by the reckless, negligent, or intentional acts of others. That may include opposing players on the field or court. Or even a player's own coach or teammate. Take the case against a Syracuse University Women's Lacrosse Coach by a former SU Women's Lacrosse player. The player filed a personal injury lawsuit recently stemming from an incident in October 2013 wherein the player was hit in the head by a ball thrown by the coach during a practice, causing her to sustain a concussion injury. Although she reportedly did play in games during the 2013, 2015, and 2016 seasons, the player claims that she continues to suffer from "concussion-related issues". The personal injury suit alleges that the coach was negligent and/or reckless at the time of the incident and that his actions resulted in the player's personal injury. The amount of the damages sought is unspecified. Each case is different and requires a thorough investigation of the facts in order to determine the nature, extent, and cause of the injuries. No details were available in the SU case, but factors to consider in determining if the coach was reckless or negligent would include the circumstances surrounding the pass that hit the player, how the player was treated at the time and after the injury, and the specifics and severity of the "concussion-related issues" from which she is suffering. If you or a loved one has been injured by the actions of someone else, you may be entitled to compensation. Damages may include recovering money for medical bills, expected future medical bills and treatment or therapy, lost wages, and even pain and suffering, depending on the circumstances of your particular case. Call the New York City personal injury law firm of Jaroslawicz & Jaros at 800-269-2780 for a free consultation or contact us here.

Pedestrian Hit and Dragged Through New York City

Pedestrian Hit and Dragged Through New York City Q: What compensation is a pedestrian entitled to recover after an accident with a motor vehicle? The city that never sleeps, not surprisingly, sees a high volume of pedestrian accidents--and approximately 2% of such accidents are fatal. On average, there is one fatal pedestrian accident per day in NYC. The combination of a high volume of cars, buses, taxis, cyclists, pedestrians, and distracted tourists is a perfect storm for motor vehicle accidents and resulting personal injuries or fatalities. On the morning of October 30, 2016, a motorist in a minivan reportedly hit a 60 year-old woman near the entrance to the Midtown Tunnel in Manhattan and continued driving thereafter, dragging the woman along for about a city block before she finally became dislodged from the vehicle. At one point, a man believed to be the hit-and-run driver, driving against traffic, was captured on video footage apparently stopping to calmly remove two orange cones blocking his path and then getting back in and continuing his escape. The victim was taken to Bellevue Hospital with a serious leg injury and other bodily injuries and was listed in critical condition. What can a victim of an accident in New York City recover? Because New York is a "no-fault" state, regardless of who was at fault in an accident, the insurance company covering the car that caused the accident will generally pay up to the first $50,000 in legitimate economic losses, which includes such easy-to-calculate items as ambulance charges, medical bills, lost income during recovery, and costs for household services the victim can't perform. A victim can also sue the driver at fault for intangible, non-economic losses like pain and suffering and losses over the $50,000 "no-fault" threshold. However, it's important to assess the extent, if any, to which the pedestrian was at fault in the accident. Never give a statement to or accept a settlement from another insurance company or even your own insurance company, without first consulting a personal injury attorney. They are in the business to get you to accept less than you may be entitled to and may use your statements against you. A skilled attorney can evaluate your case and conduct an independent investigation and advise you as to how to maximize the amount of your recovery so you can get your life back. If you or a loved one has been the victim of a pedestrian accident or any other accident that was not your fault, contact the New York City Law firm of Jaroslawicz & Jaros at 800.269.2780 for a free consultation. We've been serving clients throughout New York, as well as those injured while visiting New York, for over 35 years.

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