Blog – Page 5 – Daniella Levi & Associates P.C.

A Bus Veered Into My Bike Lane. Can I Sue?

Written on October 31, 2022. Posted in Blog, Motor Vehicle Accidents.

A Bus Veered Into My Bike Lane, and I Crashed. Can I Sue?

In our ever-rising inflationary economy, taking the bus and riding a bike in New York have become sensible and financially feasible choices for more people than ever. Unfortunately, due to the increase in bicycles on the road, accidents between motor vehicles and bicycles are also at an all-time high – especially those involving both buses and bicycles. Even cyclists who maintain their lanes and follow all the road rules are often at risk when sharing the road with trucks, cars, and buses. Bus drivers are pressured to maintain their route’s schedule and routine while navigating crowded, narrow streets rife with harried and distracted drivers. Injured cyclists are frequently the victims of this hustle and bustle.

Bus vs. bicycle accidents is deadly serious. Cyclists suffering from critical conditions due to these accidents incur not only painful physical and psychological injuries but mounting long-term financial stresses and strains as well. These kinds of trauma can convolute your time, energy, and ability to handle the resulting medical and insurance matters. Time is, as they say, of the essence when filing the necessary paperwork to resolve their compensation claims. The legal professionals at Daniella Levi & Associates, P.C. are your advocates, uniquely qualified to assist in all matters about your bicycle/bus accident.

There are many factors in determining who is at fault when a bus and a bicycle collide in New York. When a bus collides with a cyclist inside the designated bicycle lane, there is no question that the bus will be liable. This includes anything hanging off of or from the bus, such as low-hanging mirrors and exterior-mounted bicycles or wheelchairs, etc. In some instances, liability may be reduced when the bicyclist is partially at fault for the collision and resulting damages. For example, if the cyclist was riding outside of a designated lane, not wearing reflective clothing, or if they failed to adhere to traffic signals, their actions may be considered contributory factors to the injuries they sustained. Conditions such as this can result in a reduction of the ultimate recovery claim. Knowing how to sort out these details is our specialty.

Transit (bus) companies are considered government entities. Non-public transit companies (such as Greyhound, etc.) operate differently regarding liability and statute of limitations. Claims against public entities have very specific statutes of limitations and depend upon several mitigating factors relative to the accident. It is for this reason that you must gather as much information immediately following a bicycle accident with a bus in New York. You will want to assemble and record information, including:

The date, time, and specific location of your collision
The bus number, line, and driver’s name
Any witness names and telephone numbers or contact information

Additionally, you will need to compile all of the records and bills about any medical care and treatment you receive specific to your accident. This begins with any ambulance or first-responder attention you receive at the site of the collision, through any hospital visits, doctor’s office appointments, prescription medications or devices you receive, and ongoing physical therapy or emotional support services beyond your initial treatment. You must seek medical attention for any injuries you experience as a result of your accident, as self-diagnosis and self-treatment are seldom compensated through claims of this nature. Myriad types of injuries can result from bus/bicycle collisions, and some may take longer to manifest. Ignoring a small ache or pain initially may be far more damaging in the long run if left untreated. The most common types of traumatic injuries from accidents such as these include:

Head, neck, and back injuries
Facial injuries
Knee, hip, ankle, and spine injuries
Broken leg, arm, and back injuries
Traumatic brain injuries (TBI)
Nerve damage
Fear, panic attacks, and depression

At Daniella Levi & Associates, P.C., we specialize in liability and personal injury matters. We will take the time to reconstruct the circumstances that led to your accident, follow up with all witnesses and providers, and navigate the intricacies of insurance companies and their procedures to win you the compensation you greatly deserve. If you cannot come to our offices for your initial consultation, we will gladly come to your hospital or home, and we will never charge for our services until your matter is ultimately settled. Call today to schedule an appointment with your legal experts.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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Common Crane Accidents

Written on October 18, 2022. Posted in Blog, Construction Accidents.

Common Crane Accidents on a Construction Site

Keeping workers safe must be the number one priority on any worksite. Construction sites are known for their busy environments and hazardous conditions. Those sites that include the operation of one or more cranes add yet another layer of challenge and diligence to the site management and oversight. Cranes are prevalent in commercial construction projects. They enable workers to lift heavy loads up to high locations. They also require comprehensive training in order to operate proficiently and safely. Crane accidents pose a very real threat to those workers performing their daily tasks, as well as a latent danger to the general public. Taking every safety precaution in order to prevent accidents is, therefore, of paramount importance.

The four most common crane-related accidents, resulting in both injury and death are as follows:

Overturn – whether, by the crane apparatus itself or its payload, crushing injuries resulting from an imbalance are at the top of the list. These types of catastrophes occur when the crane’s entire structure fails and falls over.
Electrocution – Inadvertent contact with power lines is a common and devastating consequence of crane misuse and faulty operation.
Falls – By their very nature, cranes are used to reach the highest heights and achieve the farthest extending points of any construction project. Accidents caused by falls when conducting these placements are often fatal.
Failure – The precision required when operating a crane cannot be overstated. Mechanical failure in the process of operation can have dire consequences both for the operator and anyone in the vicinity of the malfunction.

The Occupational Safety and Health Administration (OSHA) provides very clear guidelines for both employers and employees for construction sites, as well as specific regulations designed to help reduce crane-related accidents and injuries:

Cranes must be inspected immediately prior to each use for mechanical issues, according to a comprehensive inspection list with consideration given to all parts prone to cracking and strain, wiring, and moving mechanisms.
All repairs must be made without delay.
Crane placement is critical; they must be placed on flat, stable ground with a minimum of 10 feet clearance from any electrical cables or power lines. The icy, wet, or unstable ground is a no-go for safe crane operation, period.
Crane operators and “Riggers” must have proper training prior to the operation of any crane, and appropriate signal persons must be present to assist the operator.

All materials to be moved must be properly balanced and measured, so as not to overtax or overtake the capacity of the crane’s ability. Likewise, all materials to be moved must be properly bundled and secured to avoid shifting, sliding, and dropping in transition.
Cranes must be operated in appropriate weather conditions only, and a clear plan for inclement weather must be clearly posted and implemented for all crane operation personnel.

If you or a loved one have been injured or killed due to a construction site crane injury, the construction injury team at Daniella Levi & Associates, P.C. are here for you. We have extensive experience litigating on behalf of our valued clients and we understand your rights, specializing in collecting the compensation you deserve. Together, we will review your case and let you know precisely what you are entitled to.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their personal injury claim. To ensure that you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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I Suffered From Heatstroke During Work. What Can I Do?

Written on October 4, 2022. Posted in Blog, Construction Accidents.

I Suffered from Heatstroke During Working Hours. What Else Can I Do?

Just as the freezing temperatures can be an issue for workers in the frigid New York winters, climbing temps or other external heat sources can have some incredibly dangerous effects as well. During hot summer months, employees on the job can suffer from heat-related illnesses like heat rash, heat cramps, heat stress, heat exhaustion, and heat stroke, whether indoors or out. Knowing what to do if these ailments present themselves can make all the difference.

While most people are familiar with worker’s compensation and know that it is available to pay reparation for many types of workplace injuries (like slip and fall accidents), they are unaware that there is also workers’ compensation available if you require medical attention from overheating. Missed work, medical expenses, and pain and suffering can all take a physical, emotional, and financial toll on a working man or woman – knowing your rights can ease the suffering resulting from such an injury.

Understanding the causes and recognizing the symptoms of a heat-related episode is key to avoiding them. Your body temperature may rise for several reasons – higher than normal temperatures, direct sunshine, high humidity, extreme exercise or over-exertion, prolonged exposure to fire or another heat source, and even large, close crowding can contribute to elevated body temperature. Whatever the cause, when your body is unable to adjust to elevated temperatures, overheating is a legitimate concern.

Heat-related illnesses such as heat stroke and/or heat exhaustion can cause the organs of the body, including the muscles, nerves, kidneys, liver – even the heart & brain – to short-circuit and medically malfunction. These malfunctions can have long-term effects and, in some cases, lead to death. When the victim realizes something is wrong, the damage has already begun and immediate action is critical to stop further harm.

Signs & symptoms of heat exhaustion include:

Elevated body temperature
Dizziness
Headache
Nausea
Extreme tiredness/exhaustion
Excessive thirst
Elevated heart rate and/or shallow breathing
Excessive perspiration, often accompanied by pale, clammy skin
Cramping in the arms, legs, and/or stomach
Physical weakness
Heightened emotional irritability

Extreme heat, most especially when you are not used to it, shocks the body almost immediately. Studies have shown that 80% of heat-related work episodes, injuries, and illnesses occur within the first week on the job. Half of these incidents occur on the first day on the job site. It is, therefore, crucial for employers to prepare employees for the tell-tale signs of symptoms and to mitigate the factors that contribute to them.

Whether indoors or out, occupational conditions to watch out for can include:

Improper ventilation
Hot lights or heat-emitting equipment
Close quarters
Strenuous, prolonged physical labor
Extended exposure to direct sunshine
Inadequate/infrequent hydration
Inappropriate/inadequate protective clothing or gear
Working near fire

It is important when working in any of these circumstances, to take regular breaks. Drinking cold water or other appropriate beverages consistently and resting at regular intervals allows the body recovery periods throughout the work shift and significantly allows your body to regulate itself to its surroundings. If you experience any of the symptoms listed above, stop what you are doing and seek medical attention. Report your distress to your supervisor or site manager and request immediate help. It is your right to work in an environment that is reasonably safe.

Have you suffered from heatstroke or another heat-related injury during working hours? Seeking immediate medical attention is critical for your health and your case. Document the circumstances that contributed to your injury in great detail. If possible, obtain photos of the worksite. Time is of the essence in heat-related worker’s compensation claims, and timely documentation provided by a doctor or other licensed medical professional will be vital in proving your case.

Each year, The Occupational Safety and Health Administration (OSHA) publishes its statistics for data pertaining to myriad workplace conditions. According to their reports, accidents with injuries affect one in ten construction site workers every year. Employers are responsible for taking all measures to protect workers from serious hazards in the workplace. OSHA has workplace recommendations which include hot weather protocols and precautions when the temperature reaches 91 degrees. If you have been harmed by a heat-related episode while on the job, the team at Daniella Levi & Associates, P.C. will fight for your rights with worker’s compensation and your employer.

Workplace safety is vitally important at any construction site. It directly correlates to efficiency, quality, and productivity. Construction site accidents and injuries can have long-term and sometimes permanent consequences, placing you and your family in financial hardship. We are uniquely qualified at Daniella Levi & Associates, P.C. to assist you with your heat-related injury claim. If you or a loved one have been seriously injured as a result of a heat stroke or heat exhaustion injury on the job, call our experienced injury law team today. We will fight for your rights and the compensation you deserve.

About Daniella Levi & Associates P.C.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

Grieving Families Act

Written on September 26, 2022. Posted in Blog, Wrongful Death.

Grieving Families Act Senate Bill S74A

New York Law continually adjusts for our state’s citizens frequently; these laws are intended to provide fair and just legislation within a variety of circumstances. As laws change every day; laws expand, and laws shrink, our responsibility is always in the best interest of our clients.

Currently, one of New York’s laws regarding wrongful death lawsuits is awaiting the governor’s signature to be amended. The changes discussed are favorable for wrongful death lawsuit plaintiffs. If the Grieving Families Act is signed into law, the class of plaintiffs who can bring claims will be expanded as well as the categories for damages.

THE GRIEVING FAMILIES ACT

The “Grieving Families Act” (“GFA”) is set to significantly expand compensable damages in wrongful death actions. Currently, compensable damages in these types of actions are limited to pecuniary loss only, such as pre-death medical expenses, funeral expenses, and loss of financial support.

The GFA modernizes the current wrongful death statute in New York, which has been in place since 1847. The bill acknowledges that the damages caused by losing a loved one are not limited to the financial support received from their paycheck, but also involve the losses that take an emotional and psychological toll on those left behind.

If signed into law, the GFA would permit:

recovery of damages for emotional loss when a tortfeasor is found liable for causing a death
recovery by close family members including, but not limited to, spouse or domestic partner, children, parents, grandparents, stepparents, and siblings. “The finder of fact shall determine which are close family members based upon specific circumstances relating to the person’s relationship with the decedent”
Replacement of distributes with persons for whose benefit the action is brought
Taking immediate effect and will also retroactively apply to pending cases

SIX CATEGORIES A PLAINTIFF MAY CLAIM COMPENSATION FOR:

Funeral expenses
Reasonable medical expenses
Grief or anguish caused by the death and for any disorder caused by grief or anguish
Loss of love, society, protection, comfort, companionship, and consortium resulting from the death
Monetary injuries including loss of services, support, assistance, and diminishment of inheritance; and
Loss of nurture, guidance, counsel, advice, training, and education

Proponents of the GFA advocate that this new law will expand the compensable damages categories, as well as expand the number of deserving individuals who can make claims to recover for the wrongful deaths of their loved ones. Opponents argue that this law will drive up the cost of insurance premiums and negatively impact consumers, businesses, and ultimately taxpayers as well as encouraging inflated damage awards to a new class of plaintiffs.

We at Daniella Levi & Associates, PC are strong advocates for the signing of this bill into Law.

About Daniella Levi & Associates P.C.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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Back to School: Safe Driving Tips to Stay Accident Free

Written on September 26, 2022. Posted in Blog, Motor Vehicle Accidents.

Back to School – Safe Driving Tips to Stay Accident-Free

With the start of a new school year comes a renewed focus on safety. Parents and teachers alike are reminding students to take extra care when walking, skateboarding, or riding their bicycles to school. This is also the time for drivers to re-acquaint themselves with safe driving practices. Autumn can be one of the most dangerous times to drive, and back to school brings with it a unique set of hazards.

Safe driving tips to stay accident-free

As children head back to school, drivers need to remember to be extra cautious. This time of year brings increased traffic due to the presence of students, bicycles, and pedestrians. It’s also a time when parents are likely to be in a hurry to drop off their kids at the bus stop. Following these tips will help keep everyone safe.

When passing a school bus, make sure you not only have the right of way but also give yourself enough space. School buses are slower than cars, so allowing yourself a good following distance will help avoid hitting a bus. School bus stop signs are strictly enforced and heavily fined if you fail to acknowledge them. Drivers need to slow down for school buses with flashing lights. Remember that yellow and red flashing lights are considered stop lights, so drivers must slow down and pay extra attention to the bus before turning.

Distracted driving increases the risk of an accident

Distracted driving is dangerous and increases the risk of an accident. It causes 10 percent of car crashes and 18 percent of injuries. However, the exact toll of distracted driving is still unknown. This is mainly because investigators have a hard time determining the exact level of driver distraction. Wireless device records are only available in the most serious accidents, and drivers may not admit they were distracted at the time of the crash. Furthermore, police may be unable to determine whether the distraction contributed to the accident. As such, current estimates are likely to be underestimated.

While most Americans understand that driving while texting or talking on the phone is dangerous, some still do it anyway. A recent survey by AAA Traffic Safety Culture Index found that 81.1% of respondents find texting or talking on the phone unacceptable, yet forty percent said they had done so at least once. In addition, a recent survey found that nearly one-third of drivers have either read or sent emails while driving.

Refrain from road rage

Road rage is dangerous behavior. You should always avoid engaging in a confrontation with another driver. Engaging in an argument with a driver will only escalate the situation and may lead to further violence and danger. Instead, refrain from eye contact and gestures, and do not speed up to pass the offending driver. The safety of you and your passengers is more important than teaching someone a lesson. When road rage strikes, take a deep breath and try to relax.

Road rage is often caused by an emotional crisis. This could include a recent job loss, the loss of a girlfriend, going through a divorce, or an illness. If you are in a state of rage when driving back to school, it may be best to keep your temper to yourself. If you feel like expressing your anger, make the responsible decision to express it not when you are operating a vehicle. Also, allow yourself ample time to travel, a rushed parent on the way to school or work can be the cause of many accidents.

Allow extra distance when driving behind a bus

To stay safe when driving behind a bus, it’s important to leave extra space. Large vehicles can be hard to stop and are more difficult to see than smaller vehicles, so always allow extra space when driving behind a bus. Also, make sure to stop at railroad crossings when necessary. And, as a final note, remember that buses must stop for railroad crossings as well.

The most common accident involves a rear-end collision, which occurs when drivers don’t have enough time to react. By increasing your following distance, you’ll have ample time to react to potential problems before the other vehicle hits your car. It’s easy to measure the distance between two vehicles by comparing the rear bumper to an overhead road sign or roadside object and then multiplying that distance by three.

Carpooling reduces congestion

As millions of students head back to school, drivers need to be extra cautious, especially in school zones. According to the Department of Transportation, Vision Zero data (www.vzv.nyc) there are over 28K traffic crashes and 145 fatalities so far this year (as of 7.31.22) Fortunately, there are a few simple safety tips that will help keep you accident-free and on the road.

Drivers need to be aware of bus stops and children walking to school. Most schools have designated drop-off and pick-up areas, so drivers should follow those procedures. In addition, parents should call individual schools to find out where to park. Drivers should not pass school buses when their red lights are flashing.

Many of these tips feel like common sense and we all can take steps to make our city streets safer for us and our children. If you or your loved one was involved in a school-related traffic accident, contact our office for a consultation to evaluate if you have a case.

About Daniella Levi & Associates P.C.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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Someone Broke Into My Car at the Grocery Store

Written on September 8, 2022. Posted in Blog, Premises Liability.

Can I Sue the Store?

You park your car, grab your bags, hit the lock button on the key fob, and dash into the store for just a few items, but when you run back out again – hands full – you discover your car has been broken into! What do you do? Who do you call? There aren’t any witnesses around… is it the store’s fault?

Sadly, the answer is more than likely no. Unless the store had prior notice of an unusual number of break-ins in their lot for the time period immediately prior to your car’s damage and they did not take reasonable action in response to them, it is very difficult to hold them responsible. If, however, your vehicle was harmed as a result of the facility’s neglect or misconduct and/or they did not act with the care necessary under these circumstances, you may have a legitimate negligence claim.

Immediately following the discovery of damage or theft from your car in a grocery store parking lot, call 911 and notify store management. Ask to see if they have any security cameras of the area where your car was parked, and scan for witnesses who may have seen something and can provide an eyewitness account of the incident. Take photos of the area and the damage as you discovered it. Ask the store to fill out an incident report and request a copy to provide to the police and to your automobile insurance company. You’ll want to contact them to inquire how they recommend handling the damages, and you’ll want to call the legal professionals at Daniella Levi & Associates, P.C.

We are dedicated advocates for our clients, fighting to get to the truth of what happened and using every available resource to obtain the compensation they deserve. We are proud to provide personal attention through our team of dedicated professionals, aggressive advocacy, open communication, and caring guidance. We understand the fundamentals of automobile insurance, personal loss, and financial challenges that arise following an incident resulting in unexpected damages. We work with you and for you to help you recover that which you deserve.

Seldom does the store readily assume responsibility. Proving negligence on their part can be difficult. Your committed legal specialists at Daniella Levi & Associates, P.C. are uniquely qualified in the state of New York to pursue those at fault for your losses, ensure quality repair to your damaged vehicle, and get you safely back on the road as soon as possible. We will reconstruct and analyze the conditions that led to the damage to your vehicle in order to acquire the maximum compensation for the harm you’ve sustained and any losses from theft you may have incurred. Our mission is to make you – and your vehicle – whole again.

With more than 75 years of combined experience, Daniella Levi & Associates, P.C. have successfully recovered more than $100 million for our valued clientele. We ask nothing of you to take your case, and we never collect anything unless we recover compensation on your behalf. If your car was broken into in a grocery store parking lot, give us a call today.

About Daniella Levi & Associates P.C.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

Category: Blog

A Bus Veered Into My Bike Lane. Can I Sue?

A Bus Veered Into My Bike Lane, and I Crashed. Can I Sue?

About Daniella Levi & Associates P.C.

Common Crane Accidents

Common Crane Accidents on a Construction Site

The four most common crane-related accidents, resulting in both injury and death are as follows:

About Daniella Levi & Associates P.C.

I Suffered From Heatstroke During Work. What Can I Do?

I Suffered from Heatstroke During Working Hours. What Else Can I Do?

Signs & symptoms of heat exhaustion include:

Whether indoors or out, occupational conditions to watch out for can include:

About Daniella Levi & Associates P.C.

Grieving Families Act

Grieving Families Act Senate Bill S74A

THE GRIEVING FAMILIES ACT

If signed into law, the GFA would permit:

SIX CATEGORIES A PLAINTIFF MAY CLAIM COMPENSATION FOR:

About Daniella Levi & Associates P.C.

Back to School: Safe Driving Tips to Stay Accident Free

Back to School – Safe Driving Tips to Stay Accident-Free

Safe driving tips to stay accident-free

Distracted driving increases the risk of an accident

Refrain from road rage

Allow extra distance when driving behind a bus

Carpooling reduces congestion

About Daniella Levi & Associates P.C.

Someone Broke Into My Car at the Grocery Store

Can I Sue the Store?

About Daniella Levi & Associates P.C.