Bronx Wrongful Death Lawyer
Advocating For Families In The Bronx & Across New York
Losing a beloved family member unexpectedly is an unimaginably challenging experience. When someone's life is tragically cut short due to the careless or unlawful actions of another individual, it leaves the surviving loved ones grappling with overwhelming emotional and financial burdens. At Davidoff Law, we are committed to assisting you in navigating these difficult times.
We understand that nothing can ever truly heal the pain you're going through; no amount of compensation can fully make up for the loss of a cherished one. Nevertheless, pursuing a wrongful death lawsuit against those responsible not only offers a sense of justice but can also provide much-needed financial relief during this trying period. Read on to explore the process of filing a wrongful death lawsuit in New York, or get in touch with our Bronx wrongful death attorneys for a complimentary consultation at our office.
Contact us now at (888) 211-1116
or (718) 268-8800
, or fill out our online contact form to arrange a no-obligation consultation. Se habla español.
What Constitutes Wrongful Death?
Under the law, a death is considered "wrongful" when it results from negligent, reckless, or intentionally harmful actions of another person or entity.
To constitute wrongful death, several key elements must typically be present:
- Duty of Care: The responsible party must owe a legal duty of care to the deceased individual. This duty of care varies depending on the circumstances and can be established by law, contract, or common practice. For example, a driver on the road owes a duty of care to other drivers and pedestrians to operate their vehicle safely.
- Breach of Duty: It must be demonstrated that the responsible party breached their duty of care through their actions or inactions. This breach can involve negligence, recklessness, or intentional misconduct. For example, a driver who runs a red light and causes a fatal accident has breached their duty of care.
- Causation: The breach of duty must be shown to be the direct or proximate cause of the individual's death. This means that it must be established that the wrongful actions or negligence of the responsible party directly led to the death.
- Damages: The death must result in quantifiable damages that can be compensated. These damages typically include financial losses such as medical expenses, funeral costs, lost income, and the pain and suffering experienced by the deceased prior to death. The specific damages that can be sought may vary by jurisdiction.
Who Can Initiate A Wrongful Death Lawsuit In The Bronx?
In New York, there are specific guidelines governing who can bring forth a wrongful death claim. The claim must be filed by the personal representative of the deceased's estate on behalf of certain surviving family members. These eligible family members include:
- The decedent's spouse
- The decedent's child or children
- The decedent's parent(s)
- Any dependent, beneficiary, or heir of the decedent
While these family members are entitled to seek damages, they are not authorized to file the claim themselves. Only the personal representative of the estate can initiate the claim. In cases where no personal representative was designated in the decedent's estate plan (e.g., in the absence of a will), the court will appoint one.
What Types Of Damages Can Surviving Family Members Recover?
To establish a wrongful death claim in New York, you must demonstrate that you have suffered specific damages as a result of the death. These damages may include:
- Medical expenses incurred for the deceased person's final treatment.
- Funeral and burial expenses.
- Loss of financial support, including lost wages, income, and benefits that the deceased person would have provided to their family.
- Loss of the value of services and support the deceased person would have provided to their family.
- Loss of parental care and guidance for surviving children.
- Loss of expected inheritance.
- Pain and suffering experienced by the deceased person before their death.
It's important to note that New York does not permit surviving family members to recover for their own mental and emotional distress stemming from the loss of their loved one.
Wrongful Death Statute Of Limitations In The Bronx
It's essential to be aware of the statute of limitations for wrongful death claims in New York. Generally, the statute of limitations is two years from the date of the person's death. Failing to file a claim within this time frame can result in the loss of the right to seek compensation.
Compassionate And Experienced Legal Representation
At Davidoff Law, we extend our heartfelt condolences for the loss you have endured. Our Bronx wrongful death attorneys are here to provide you with the guidance you need throughout the legal process and to help you secure the maximum compensation you and your family are entitled to. Please don't hesitate to reach out if you have any questions. We offer contingency fees, which means you won't owe us anything unless and until we successfully recover a settlement or verdict on your behalf.
Bronx Truck Accident Attorney
Advocating For Your Rights In New York
Accidents involving commercial trucks at city intersections can lead to life-altering injuries due to their immense size and weight. Coping with the aftermath of a truck accident can be overwhelming, both emotionally and financially. If you or a loved one has suffered injuries in a truck accident, it is essential to have a committed legal ally by your side who will relentlessly pursue the maximum compensation you rightfully deserve.
At Davidoff Law, our team of experienced Bronx truck accident attorneys specializes in handling personal injury cases arising from such incidents. We stand ready to assist you in navigating the often intricate process of filing a truck accident claim.
Assessing The Impact Following A Truck Accident
Truck accidents frequently result in severe injuries, including head and back injuries, paralysis, fractures, and even fatalities. It is crucial to have a comprehensive grasp of the short- and long-term consequences of these injuries, including physical limitations, lost income, and ongoing medical expenses linked to rehabilitation, pain management, and other associated costs.
Our Bronx truck accident attorneys are unwavering in their commitment to your case, ensuring that we explore every potential avenue for compensation.
Common Causes Of Truck Accidents
Truck accidents can occur for a variety of reasons. Mechanical failures, driver fatigue, inadequate training, and negligence on the part of both truck drivers and other motorists can all contribute to tragic accidents. Our legal team conducts thorough investigations into each accident to ascertain liability and pursue all available sources of compensation.
Some typical causes of truck accidents encompass:
- Distracted driving
- Driving under the influence
- Failure to adhere to traffic regulations
- Failure to yield the right-of-way
- Violations of hours-of-service regulations
- Inadequate truck maintenance
- Pressure from trucking companies to meet unrealistic quotas or deadlines
- Neglect in conducting background checks on truck drivers
- Lack of proper supervision
- Defective trucks or truck components (e.g., tires, brakes)
- Defective or hazardous road construction or design
- Unsafe weather and road conditions
Determining Liability In Bronx Truck Accidents
Truck accident claims often prove more intricate than typical car or motorcycle accident cases due to the issue of liability. While the truck driver may bear some fault, they might not be the sole party responsible. Trucking companies can also be held accountable for accidents resulting from their drivers' actions or negligence. Other parties, such as manufacturers of faulty truck parts or entities responsible for inadequate maintenance or road conditions, may share liability.
Effectively navigating these intricate cases necessitates the expertise of an experienced truck accident attorney well-versed in the relevant laws and procedures.
Secure The Assistance You Require From Our Legal Team
The aftermath of a truck accident can be disorienting and devastating for victims and their families. Our Bronx truck accident attorneys are here to steer you towards stability. We operate on a contingency basis, meaning you will not owe us any fees until we successfully secure the compensation you deserve for your truck accident case.
Contact us via email
to schedule your appointment with our truck accident lawyers in the Bronx today. Se habla español.
Bronx Pedestrian Accident Lawyer
Injured By A Negligent Driver While Walking In The Bronx, NY?
Our Bronx pedestrian accident lawyers at Davidoff Law are ready to fight for you. If you have been injured in a pedestrian accident, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. We can help you get the compensation you deserve.
Understanding Pedestrian Accidents in New York
A pedestrian accident refers to a situation where a person who is walking or otherwise on foot is involved in a collision or incident with a motor vehicle. These accidents can result in varying degrees of injury or even death for the pedestrian, depending on the circumstances and the severity of the collision. Pedestrian accidents are a significant concern for public safety, and understanding their common causes can help mitigate the risks.
Here are some common causes of pedestrian accidents involving motor vehicles:
- Distracted Driving: One of the leading causes of pedestrian accidents is distracted driving. When drivers divert their attention from the road to use their smartphones, adjust the radio, eat, or engage in other distractions, they may not see pedestrians in their path.
- Speeding: Speeding reduces a driver's reaction time and the distance needed to stop a vehicle. When drivers exceed the speed limit or drive too fast for road conditions, they may not be able to stop in time to avoid hitting a pedestrian.
- Failure to Yield: Drivers have a legal obligation to yield the right of way to pedestrians at crosswalks and intersections. Accidents can occur when drivers fail to yield to pedestrians in these areas.
- Impaired Driving: Alcohol and drugs impair a driver's judgment, coordination, and reaction times. Impaired drivers are more likely to be involved in accidents with pedestrians.
- Reckless or Aggressive Driving: Aggressive driving behaviors, such as running red lights, making unsafe lane changes, and tailgating, increase the risk of accidents involving pedestrians.
- Poor Visibility: Pedestrian accidents are more likely to happen in low-light conditions, such as nighttime or adverse weather (e.g., heavy rain, fog) when visibility is reduced. Pedestrians may be harder for drivers to see, and vice versa.
- Failing to Stop for School Buses: Drivers who do not stop for school buses when children are boarding or exiting are a serious risk to pedestrians, particularly schoolchildren.
- Backing Up Without Checking: Some pedestrian accidents occur when drivers back up their vehicles without checking their blind spots or using rearview mirrors. This can be especially dangerous in parking lots and driveways.
- Right Turns on Red Lights: In places where right turns on red are allowed, some drivers may not properly check for pedestrians in the crosswalk before making their turn, leading to accidents.
- Inadequate Signage and Infrastructure: Poorly designed or maintained crosswalks, lack of pedestrian signals, and insufficient signage can contribute to accidents by creating confusion for both drivers and pedestrians.
- Jaywalking: Pedestrian accidents can occur when pedestrians cross roads illegally, such as jaywalking or crossing outside of designated crosswalks, without regard for oncoming traffic.
- Driver Fatigue: Fatigued drivers have reduced alertness and reaction times, increasing the risk of accidents involving pedestrians.
No-Fault Accident Laws in New York
In New York, pedestrian accident claims may also involve the state's no-fault insurance system. Under this system, you typically need to file a claim with your own insurance company first to cover medical expenses and lost wages, regardless of who was at fault. However, if your injuries meet certain thresholds, you may be able to pursue a liability claim against the at-fault driver.
Additionally, New York follows a comparative negligence system, which means that if you, as the pedestrian, are found to share some degree of fault for the accident, your compensation may be reduced accordingly. However, you can still seek compensation as long as you are not found to be more than 50% at fault. Your award will be reduced by your percentage of fault.
What to Do After a Pedestrian Accident
After a pedestrian accident, you may be physically and emotionally overwhelmed. You may not know where to turn for help. Our Bronx pedestrian accident attorneys can help.
We can assist you with all aspects of your case and can help you get the compensation you deserve. When you call our office, we will immediately begin gathering evidence, investigating the accident, and can start negotiating with the insurance companies.
Our goal is to help you get the maximum amount of compensation you are owed and deserve. We will work with you every step of the way and will not rest until you are fully compensated for your injuries and losses.
Davidoff Law is ready to help you if you were injured in a pedestrian accident in the Bronx. Call our office at (888) 211-1116
or fill out our online contact form
Bronx Motorcycle Accident Lawyer
We Fight When Our Clients Can’t
Taking care of our clients is our top priority here at Davidoff Law. If you’ve been in a terrible motorcycle accident while riding through the Bronx or a neighboring borough, then we want to know about it. You could be owed significant compensation from the person that hit you, and we are the team you can trust to fight for it. When you are taking care of yourself and trying to recover, we will be swinging away at the opposition to get you as much compensation as possible.
Call (888) 211-1116
to discuss your case with our Bronx motorcycle accident attorneys.
Common Causes Of Motorcycle Accidents
We can investigate your motorcycle accident to determine its cause and why that puts the liability on the other party. The goal is to get your liability as low as possible, down to 0% if we can. As a claimant with 0% liability, you can demand 100% of your damages from the defendant, such as your medical bills, lost wages, motorcycle repairs, pain, and suffering.
For complicated motorcycle accident cases, we can work with accident reconstruction experts and mechanics. Their insight from their respective fields might be able to uncover new evidence that works in your favor, and that clearly shows the cause of your wreck.
Common causes of motorcycle accidents include drivers who:
- Break the speed limit
- Follow too closely
- Turn left in front of a motorcyclist
- Change lanes without checking blind spots
Road damage can cause motorcycle accidents, too, like a pothole that bucks a rider off their vehicle. If that happens, then the defendant could be a municipal department of transportation, which complicates the lawsuit a bit. Typically, suing a government entity is difficult due to different liability rules and regulations, not to mention a shortened statute of limitations to begin the claim.
Common Motorcycle Accident Injuries
Motorcyclists are often severely injured in a crash because they have barely any protection. A helmet and padded jacket can only do so much, after all. If you were catastrophically injured in your motorcycle accident, then we want to know about it, so we can help you fight for all the compensation that you need to recover.
Injuries often suffered by motorcyclists include:
- Traumatic brain injuries
- Spinal cord injuries
- Road rash
- Broken bones
- And others
Is It Worth Hiring A Motorcycle Accident Attorney?
Taking your case to an insurance company can be intimidating, especially if you have never dealt with an injury claim before. While you don’t need to hire a motorcycle accident attorney, you probably should.
With an attorney leading the way on your case, you don’t have to worry about:
- Complexities of liability law
- How to investigate a crash
- Negotiating with an insurance company
- Courtroom/litigation procedures
The truth is that there are many steps and phases to an injury claim. At any point, a misstep could be seriously harmful to your case. If you let a lawyer manage it for you, then you don’t have to worry about making a mistake because all of their experience becomes yours.
Call Our Firm For All The Help You Need
Our Bronx motorcycle accident attorneys are standing by to help you if you need us after a wreck. You deserve the most compensation possible, and that’s what we want to secure. Even when the opposition is a national insurance company, we have the experience and talents that are often needed to challenge them and find a path to success.
Motorcycle Accident FAQ
How long will a motorcycle accident case take?
A straightforward personal injury case can take a few months to conclude if the defending insurance company is willing to settle. A complicated case that goes to court can take longer than a year. Predicting an average is therefore difficult. What is more important is that you work with a motorcycle accident attorney who can minimize the delays in your case as much as possible.
Can you sue if you weren’t wearing your helmet?
You should always wear your helmet when riding your motorcycle because it can protect you from the worst effects of a head injury. Not wearing your helmet can also damage the legitimacy of your claim. When the other insurance company catches word that you didn’t have a helmet on, it will argue that you contributed to the severity of your injuries. It will be hard to counter that argument, too.
Does lane-splitting make you liable for a crash?
Only California has a law that makes lane-splitting – or riding between occupied lanes of traffic to pass a vehicle or approach an intersection – legal. If you lane-split in New York, then it could increase your liability if you are in a crash while lane-splitting because that behavior is unlawful.
Bronx Catastrophic Injury Lawyer
We’re Here When The Insurance Company Isn’t
If you are catastrophically injured in an accident, you are going to need as much support as you can get to get back on your feet, metaphorically and literally. The insurance company representing the party that caused your injury, though, won’t be so eager to lend a hand. It will know that your costs of recovery can be significant, so it will do everything it can to avoid paying them.
Davidoff Law and our Bronx catastrophic injury attorneys have built our careers on fighting insurance companies in cases that really matter. When you are feeling out of luck because an insurance company isn’t taking your catastrophic injury case seriously, we hope you grab the phone and dial (888) 211-1116. Our team is always ready to hear from new and returning clients in difficult situations like yours. With us leading the way, you might be able to get all the compensation owed to you!
Types Of Catastrophic Injuries
A catastrophic injury can take many forms. The underlying connection among all the forms is that the injury is life-threatening or life-changing. Our firm focuses on catastrophic injury cases like yours because we have the experience, resources, and knowledge necessary to challenge major insurance corporations that try to disrespect and deny such claims.
Examples of catastrophic injury cases we can handle include:
- Traumatic brain injuries: A traumatic brain injury (TBI) is life-changing in all situations. A slight amount of harm to the brain can cause massive health disruptions and day-to-day complications, depending on what part of the brain is injured. Many people with a TBI have memory loss issues, speech impediments, learning difficulties, and so on. Various therapies are often required to alleviate some of the worst symptoms.
- Spinal cord injuries: The spinal cord is a bundle of nerves that is highly susceptible to harm. Damage to the spinal cord can cause numbness, chronic pain, and, in the worst cases, paralysis. The extent of the paralysis will depend on what part of the spinal cord was injured. If it is injured near the neck or along the cervical spine, the injury can cause quadriplegia or full-body paralysis, which is usually incurable. As with a TBI, spinal cord injury cases are typically accompanied by extensive and lifelong physical therapy sessions.
- Third-degree burns: Burn injuries are categorized into degrees of severity. Third-degree burns can cause permanent scarring and life-threatening complications, so they are considered catastrophic injuries. Second-degree burns are serious enough to warrant a personal injury claim, but they are typically not considered catastrophic unless the scarring is in a visible area like the face, neck, or forearms.
- Amputations: Losing a limb in an accident is immediately life-changing. Modern prosthetics have made life much easier for amputees than in the past, but the pain and hardships caused by the injury cannot be overlooked. If you lost an arm, leg, hand, foot, or fingers in an accident, then you should consider filing a lawsuit against the party that caused it.
- Sensory injuries: Blindness and deafness are two forms of sensory injury that are catastrophic due to their permanency and severity. Just the challenge of readjusting to a life without sight or hearing can cause significant mental anguish and emotional trauma, which should be calculated into any compensation you collect from the liable party’s insurer.
Extensive Medical Treatments For Catastrophic Injuries
Catastrophic injuries often require years and years of medical treatments, therapies, and other forms of specialized care. For example, just mending a broken arm and regaining dexterity in the affected hand can take months of physical therapy. The cost of such care can be massive, especially when considering permanent injuries that will always need some form of routine therapy.
Insurance companies are more likely to fight a catastrophic injury claim than the average injury claim for this reason. Rather than paying hundreds of thousands or millions of dollars owed to an injured claimant, the average insurance company would rather put up a fight and make everyone’s life more difficult.
Learn More About Your Options – Call Us
Are you not looking forward to fighting with an insurance company about your claim? Then don’t! Leave everything up to our highly qualified and experienced Bronx catastrophic injury attorneys. We take pleasure in managing difficult cases and leading them to victories, even when all the odds seem stacked against our clients.
Bronx Car Accident Lawyer
Get Your Car Accident Claim In Order Today
The last thing you need after being in a car accident is an insurance company trying to make sure your claim isn’t paid out. But that is what you can expect most of the time. Insurance companies make a profit by selling policies and paying them out as infrequently as possible. Standing up to them and their well-practiced tactics is a challenge unless you are prepared with a strong force of your own.
If you live in the Bronx, you can count on Davidoff Law to be there when it counts. Our car accident lawyers know the ins and outs of New York’s liability laws, complex auto insurance laws, and more. All of our experience and insight effectively becomes your own when we are representing you, too. With your recovery hanging in the balance, why wait another day to seek our hard-hitting legal counsel?
Different Types Of Car Accidents
Our law firm is highly familiar with all types of car accidents and the claims that follow. No matter how complicated your case might seem to you, it is probably nothing we haven’t seen before. Leave your case up to us – from its start to its conclusion – and let the worries of it roll off your shoulders.
Three car accident types that come up often in claims are:
- Distracted driving accidents: Texting drivers are seemingly all over the roads of New York and the entire country. If a distracted driver hit you, then we know where to look for evidence of their distraction and liability to better build your claim.
- Drunk driving accidents: Perhaps the only driver more dangerous than a distracted one is a drunk one. The State of New York will be busy prosecuting the drunk driver who hit you. Meanwhile, let us get started on the separate civil case against them.
Rear-end collisions: Don’t overlook the severity of a rear-end collision. All it takes for whiplash to occur in some cases is a minor impact. If your neck hurts at all after a crash, or if your car was hit from behind, then you could have whiplash and the grounds to file a claim.
What To Do After An Accident
The steps that you take after an accident are important. In many cases, the best evidence to prove liability is found in those minutes.
Let our team know if you did any of the following after your car accident in the Bronx:
- Took photographs and videos of the scene
- Spoke with police officers or submitted a crash report
- Saw a medical provider for same-day or urgent medical care
- Called your insurance company to report the accident
From police statements to your own medical records, the evidence of the other driver’s negligence could come in many forms. We can browse what you have and investigate further for what you do not have yet. When it comes to fighting for fair compensation for our clients, we do not tire and we do not stop investigating until we have exhausted every available resource.
Could Another Party Be Responsible For Your Accident?
Our law firm is also here to help you with auto accident cases that don’t involve another driver or that involve multiple liable parties. For example, we can lend a hand to people who were walking down the street when a reckless driver hit them. Or we can take on big-name companies like Uber and Lyft after a rideshare accident, which tends to lead to a case with complicated liability. We can manage intricate cases that other law firms might not want to approach due to their complexity.
Ready To Start Your Case? Call Us First
Before you get into the details of a car accident claim following a wreck in the Bronx, pick up the phone and dial (888) 211-1116. Our car accident lawyers are here to help you make sense of everything, so you don’t have to worry about possibly making a misstep early on in the process. Our goal is to get you as much compensation as possible if you were severely injured in a crash.
Contact our firm
to learn more about how to file a car accident claim in New York.
Bronx Bus Accident Lawyer
Injured In A Bus Accident In The Bronx?
If you or a loved one has been involved in a bus accident in the Bronx, you need a dedicated attorney by your side to protect your rights and help you pursue the compensation you deserve. At Davidoff Law, our experienced bus accident lawyers are here to guide you through the complex legal process and fight tirelessly on your behalf.
Here's why you should choose us to be your advocates:
- Experience: Our team of skilled Bronx bus accident lawyers has extensive experience in handling complex personal injury cases, including those involving bus accidents. We know the laws and regulations specific to New York, and we're prepared to navigate the legal system on your behalf.
- Dedication: We are dedicated to seeking justice for our clients. Our attorneys will investigate the accident thoroughly, gather evidence, and build a strong case to hold the responsible parties accountable.
- Personalized Approach: We understand that every bus accident case is unique. We will work closely with you to understand your specific circumstances and tailor our legal strategy to meet your needs.
If you or someone you know has been injured in a bus accident, call (888) 211-1116
or contact us online
for a free consultation. We are available to help individuals and families in the Bronx and throughout New York.
Understanding Bus Accidents
A bus is a large, motorized vehicle designed to transport passengers from one location to another. Buses play a vital role in public transportation systems, helping people commute within cities, travel between cities, and even transport passengers for longer distances. They come in various sizes and configurations, each designed for specific purposes.
Here are some common types of buses:
- City buses
- School buses
- Intercity buses (also known as coach buses or long-distance buses)
- Shuttle buses
- Double-decker buses
- Articulated buses (also known as "bendy buses" or "accordion buses)
- Tour buses
- Specialized buses
A bus accident refers to any collision or incident involving a bus, which is a large motorized vehicle designed to transport passengers. Bus accidents can occur in various settings, including public transportation, private charter services, school buses, and more. These accidents can result in injuries, fatalities, and property damage.
Common causes of bus accidents include:
- Driver Negligence:
- Distracted Driving: Bus drivers may become distracted by texting, using a phone, adjusting controls, or engaging in other activities while operating the vehicle.
- Fatigue: Long hours and tight schedules can lead to driver fatigue, impairing a driver's reaction time and decision-making abilities.
- Impaired Driving: Operating a bus under the influence of alcohol, drugs, or prescription medications can impair a driver's judgment and coordination.
- Speeding: Excessive speed increases the likelihood of accidents and reduces the driver's ability to react to sudden obstacles or changes in traffic conditions.
- Weather Conditions:
- Adverse Weather: Rain, snow, ice, fog, and other adverse weather conditions can make driving a bus more challenging, leading to reduced visibility and decreased traction.
- Mechanical Failures:
- Brake Failures: Malfunctioning brakes can lead to difficulty in stopping or slowing down the bus, increasing the risk of accidents.
- Tire Blowouts: A blown-out tire can cause a loss of control over the bus, resulting in an accident.
- Engine Failures: Mechanical issues with the engine or other critical components can lead to accidents.
- Road Conditions:
- Poorly Maintained Roads: Potholes, inadequate signage, and poorly designed intersections can contribute to bus accidents.
- Construction Zones: Construction zones with uneven surfaces and changing traffic patterns can be hazardous for buses and other vehicles.
- Bus Company Negligence:
- Inadequate Maintenance: Bus companies have a responsibility to properly maintain their vehicles. Neglecting maintenance can lead to accidents caused by mechanical failures.
- Insufficient Training: Insufficiently trained or inexperienced bus drivers may make mistakes that result in accidents.
- Other Drivers:
- Negligent Drivers: Accidents can occur due to the negligence of other drivers on the road who may cut off buses, follow too closely, or fail to yield the right of way.
- Reckless Driving: Aggressive or reckless driving behaviors by other motorists can lead to accidents involving buses.
- Passenger Behavior:
- Unruly Passengers: Disruptive or unruly behavior by passengers can distract the bus driver and lead to accidents.
- Animals and Objects:
- Collisions with Animals: Striking animals that enter the roadway, such as deer or livestock, can lead to bus accidents.
- Debris and Objects: Objects on the road or flying debris can cause accidents when buses collide with them.
- Medical Emergencies: Bus drivers experiencing sudden medical emergencies, such as a heart attack or seizure, can lose control of the vehicle and cause accidents.
- Intoxicated or Impaired Pedestrians: Accidents can occur when pedestrians who are under the influence of drugs or alcohol wander onto the road and are struck by a bus.
Who is Liable for a Bus Accident in New York?
Determining liability for a bus accident in New York can be a complex process, as multiple parties may potentially be held responsible, depending on the specific circumstances of the accident. Liability is often assessed based on negligence, and various parties involved in the operation of the bus or the accident itself may be held liable.
Here are the key parties that could be held liable for a bus accident in New York:
- Bus Driver: The bus driver can be held liable if their negligent actions or conduct contributed to the accident. This includes instances of distracted driving, speeding, driving under the influence, reckless driving, or other violations of traffic laws. The driver's actions are a common factor in bus accident liability.
- Bus Company: The company that operates the bus can be held liable if it is found that the company failed to meet its duty of care. This includes cases where the bus company was negligent in maintaining and servicing the bus, hiring qualified drivers, providing adequate training, and ensuring compliance with safety regulations.
- Bus Manufacturer or Maintenance Provider: If a mechanical failure, such as brake failure or tire blowout, contributed to the accident, the manufacturer of the bus or the entity responsible for its maintenance may be held liable. This could involve product liability claims if the bus had a defective component.
- Government Entities: In cases involving public transportation, such as city buses or school buses, government entities may be liable. Claims against government agencies often have specific procedures and time limitations. Poorly maintained roads, inadequate signage, or improper traffic control by government authorities can contribute to accidents and result in government liability.
- Other Drivers: If another driver's negligence caused the accident, they can be held liable. This may include cases where a passenger vehicle, motorcycle, or another vehicle was involved in a collision with the bus due to the other driver's recklessness or negligence.
- Pedestrians or Cyclists: In some cases, pedestrians or cyclists involved in a bus accident may share a portion of the liability if their actions contributed to the collision, such as jaywalking or suddenly crossing the road without warning.
- Bus Passengers: Passengers who behave disruptively or engage in unruly conduct that distracts the bus driver and leads to an accident may be held liable for their actions.
- Third Parties: Liability can also extend to third parties in some cases. For example, if a third-party vehicle maintenance company was responsible for maintaining the bus and failed to do so properly, they may be held liable.
Bronx Bicycle Accident Lawyer
Representing Injured Cyclists In The Bronx, NY
If you were hit by a car or truck while riding your bicycle in the Bronx, you could suffer severe, life-changing injuries. In many cases, these injuries result in permanent disability and an inability to work. In these circumstances, you and your family face overwhelming financial challenges, and you need an experienced advocate who will fight for you.
At Davidoff Law, P.C., we provide just that. Our bicycle accident attorneys represent clients in the Bronx and throughout New York. We know how to effectively build a case and negotiate with insurance companies to secure the maximum compensation.
New York Bicycle Laws
Bicycle laws in the Bronx are generally governed by the same rules and regulations as those in the rest of the city, as well as New York State laws. These laws are designed to ensure the safety of cyclists, pedestrians, and motorists alike.
Here are some key bicycle laws that are likely to apply in the Bronx:
- Helmet Law: In New York State, all bicyclists under the age of 14 are required to wear an approved bicycle helmet. However, it is advisable for riders of all ages to wear helmets for safety.
- Traffic Laws: Bicyclists are considered vehicles under New York law and must obey traffic signals, signs, and regulations. This includes stopping at red lights and stop signs, yielding the right-of-way, and following all posted traffic signs.
- Riding on the Right: Bicyclists must generally ride in the same direction as traffic and as close to the right-hand curb or edge of the road as is practical. However, they can move towards the center of the lane if it is unsafe to stay on the right, such as when avoiding obstacles, making a left turn, or if the lane is too narrow to share safely with a motor vehicle.
- Bicycle Lanes: The Bronx has various bicycle lanes and paths. Bicyclists should use designated bike lanes when available and follow the markings and rules specific to those lanes.
- Hand Signals: Bicyclists must use hand signals to indicate their intentions to turn or stop. A left arm straight out indicates a left turn, a left arm bent at a 90-degree angle upward indicates a right turn, and a left arm bent at a 90-degree angle downward indicates a stop.
- Lights and Reflectors: Bicycles must be equipped with a white front light and a red rear light or reflector when riding after sunset and before sunrise. Reflectors on the pedals and wheels are also required.
- No Texting or Cell Phone Use: It is illegal to use a handheld electronic device, including texting, while riding a bicycle in New York City.
- Yield to Pedestrians: Bicyclists must yield the right-of-way to pedestrians in crosswalks and on sidewalks. Riding on sidewalks is illegal in most parts of the city unless it is specifically designated as a shared-use path.
- No Riding on Highways: Bicycles are generally prohibited on controlled-access highways like the Bronx River Parkway.
Common Causes of Bicycle Accidents
A bicycle accident is an incident involving a bicycle and, often, one or more vehicles or pedestrians. These accidents can result in varying degrees of injury or property damage.
Common causes of bicycle accidents involving vehicles include:
- Intersection Collisions: These occur when a bicyclist and a vehicle collide at an intersection. Common scenarios include a vehicle failing to yield the right-of-way to a cyclist, a cyclist running a red light or stop sign, or a right-turning vehicle colliding with a cyclist going straight through an intersection.
- Dooring Accidents: Dooring accidents happen when a cyclist is struck by a car door that is suddenly opened in their path. This typically occurs when a parked vehicle's occupant does not check for approaching cyclists before opening their door.
- Overtaking Collisions: Sometimes, a vehicle may attempt to pass a cyclist without providing enough clearance, leading to a sideswipe or right-hook collision. A right-hook occurs when a vehicle turns right across the path of a cyclist traveling in the same direction.
- Left-Turn Collisions: A left-turn accident occurs when a vehicle makes a left turn in front of an oncoming cyclist, causing a collision. This can happen when the driver misjudges the cyclist's speed or fails to notice them.
- Rear-End Collisions: In some cases, a vehicle may rear-end a cyclist, particularly when traffic suddenly slows or stops. This type of accident can result from distracted or inattentive driving.
- Side-Impact Collisions: Also known as "T-bone" accidents, these occur when a vehicle collides with a cyclist from the side. They can happen at intersections or driveways when a vehicle fails to yield the right-of-way to a cyclist.
- Parking Lot Accidents: Parking lots can be hazardous for cyclists due to vehicles entering or exiting parking spaces without noticing a cyclist's presence.
- Distracted Driving: Drivers who are texting, using a phone, eating, or engaging in other distracting activities may not see a cyclist until it's too late, leading to collisions.
- Impaired Driving: Alcohol or drug impairment can significantly impair a driver's ability to see and respond to cyclists on the road.
- Poor Road Conditions: Uneven road surfaces, potholes, debris, or inadequate signage can contribute to accidents involving bicycles and vehicles.
- Visibility Issues: Low visibility due to poor weather conditions, low lighting, or inadequate reflective gear can increase the risk of accidents, especially at night.
- Speeding: Excessive speed by vehicles can reduce reaction time and increase the severity of accidents involving cyclists.
What to Do After a Bicycle Accident
If you were hit by a car or truck while riding your bicycle, you need to know what to do after the accident. Following the proper protocol will help ensure your rights are protected and you receive the compensation you deserve.
After an accident, you should:
- Go to the nearest emergency room
- Seek treatment for all injuries
- Keep all of your doctor's reports
- Follow all instructions from your doctor
- Keep all of your medical records
If you were injured in a crash while riding your bicycle, you need an experienced advocate who will fight for you. Do not hesitate to let Davidoff Law, P.C. fight for your entitled compensation.
Bronx Personal Injury Lawyer
Fighting Legal Battles In The Bronx
If you were injured in an accident in the Bronx, then it is only right for you to explore your legal options and seek fair compensation. How can you make certain you are fighting for the most money owed to you? It is simple. Let Davidoff Law handle your case.
Thanks to our representation and counsel, our past clients have been paid millions of dollars in settlements and verdicts. While fighting major insurance companies might not be easy, we sure have a way of making it look that way!
Any Accident, Any Time, We’re There
You never know when a terrible accident will strike. That’s why we are always standing by to help new and returning clients with their personal injury cases. Please feel free to call us whenever you need help. If for whatever reason we do miss your call, then you can rest a little easier knowing that we will do everything we can to call you back as soon as possible.
You can also feel confident in knowing that our legal team is well-equipped to manage all types of injury claims and accident lawsuits. If you were hurt due to someone else’s negligence, then we can help you.
Our personal injury lawyers in the Bronx help clients with claims involving:
Who Is Liable For Your Accident?
Liability is important for a personal injury claim. It is basically the legal concept of blame. The more liable someone is for your accident, then the more money they should pay you when you are seeking damages like lost wages, medical bills, and pain/suffering.
Proving liability depends on two things: making a strong argument and using convincing evidence. Thanks to our extensive practice experiences and eclectic backgrounds as a full team of legal professionals, we find and utilize evidence of all types, and we can argue circles around insurance defense attorneys. But it all hinges on figuring out who is liable for your accident and injuries.
Examples of people who could be liable for your damages are:
- Negligent driver who crashed into you
- Property owner who did not warn you about a hazard
- Company that made and sold an unsafe product
- Truck driver who fell asleep at the wheel
What Our Law Firm Can Do For You
You don’t want to get into the thick of things with an insurance company and a liable party that would rather you get nothing after a serious accident. Your injuries might only get worse if you stress yourself out. To avoid headaches and complications that could jeopardize your case, hand things over to our personal injury attorneys from the Bronx.
We can handle the following and more for you:
- Investigating your accident
- Analyzing evidence and finding new proof
- Working with outside experts for more information
- Keeping you well-informed as your case develops
- Negotiating with insurers on your behalf
- Litigating if your case cannot be settled
If you have lived in the Bronx for a while, then you already know how tough we can be here. When you need the most compensation possible after a bad accident that wasn’t your fault, you can depend on us to stand up for you and never back down just because things got “tough.” We’re here to fight and win in your name!