FREE CONSULTATION
SE HABLA ESPAÑOL

Category: Motor Vehicle Accidents

Injured in an accident? We can help. From car accidents, workers’ comp claims, construction accidents to medical malpractice and police misconduct, we have you covered. Check out our blog for helpful tips and examples of claims, including many related to motor vehicle accidents.
brooklyn personal injury attorney daniella levi and associates

Back to School – Safe Driving Tips to Stay Accident Free

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.

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.

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

uber acident lawyer daniella levi & associates, p.c.

Claim for a Passenger in an Uber Accident

I Was the Passenger in an Uber Accident. Do I Have A Claim?

Ridesharing is on the rise – all the convenience with none of the responsibility!  But accidents happen, and when they do, do you really have NO responsibility if you’re the passenger in an Uber vehicle?  The answer is YES*.  Because the passenger is not in control of the vehicle, any accident that Uber may experience is not the passenger’s fault.  [Whether the accident is the fault of the Uber driver or another party, any expenses that exceed the compensatory amount would be the responsibility of the at-fault driver.]  While this gives great peace of mind to Uber consumers, the consequences of accidents during these rides can be anything other than peaceful, and the results of them can have devastating lasting effects.

Just as with any accident, the first and most important thing to do is seek medical attention.  Often, injuries sustained in an automobile accident present hours, days, or even weeks following the accident itself.  By then, the damage could well have been diminished or completely alleviated if it had only been immediately addressed.  Additionally, injuries resulting from a traffic accident can seriously impede your ability to function in your daily tasks – work, home life, school, and recreation.  Receiving medical assistance will ensure your best medical outcome.

If there were eyewitnesses, other drivers, or passengers who observed the collision, their testimonies could be invaluable in proving your case.  If you are able, take photographs of the scene of the accident; ask those nearby to do so if you are unable.  Photos of the area from the time and place of the event, evidence of the conditions at the time of impact such as traffic congestion, time of day, already-existing accidents in the immediate area – any information you can collect can be helpful in contributing to the successful outcome of your Uber accident lawsuit.

Your next phone call should be to Daniella Levi and Associates, P.C.  Automobile accidents, including those involving an Uber, are often the result of negligence on the part of either another motorist or your Uber driver.  Regardless of the at-fault party, the outcome is clear:  the negligent party did not drive safely and responsibly.  It is for this reason that you may be entitled to seek compensation for damages.  Our dedicated team of legal professionals will communicate with your medical staff, the insurance companies, Uber, and any other parties involved to resolve your case in a timely and uncomplicated manner, garnering you the compensation you deserve.  We take into consideration the long-term ramifications of auto injuries and their effects on your work life, home life, and earning ability, and we fight on your behalf to recover damages which could include:

  • Pain and suffering
  • Medical bills and expenses
  • Emergency services and transportation
  • Hospitalization and rehabilitative care
  • Permanent disfigurement or disability
  • Lost wages or employment benefits
  • Diminished earning capability
  • Property damages
  • Wrongful death

Dealing with car insurance companies can be confusing and overwhelming.  Rideshare companies have complex and intricate insurance coverages designed to address every aspect of accident liability coverage.  This coverage requirement is $1 million for eligible pedestrians, passengers, motorists, motorcycle riders, and bicyclists.  The stipulation to this – for passengers – is that they must first submit a claim to their own personal injury protection insurance.  These personal insurance policies typically cover medical expense reimbursement at 80%, up to $10,000.00, barring any restrictions.  The remaining 20% does not take into account extended medical expenses, pain & suffering, or employment losses (like lost wages), and would then be submitted to the insurance company of the at-fault driver or Uber.  Passengers may be entitled to award damages, should they exceed the coverage of these policies.

Do I Have A Claim if I Was the Passenger in an Uber Accident?

Navigating the muddy waters of all of these policies through to complete clarity is what we do best.  While the sole pursuit of insurance companies is quick, low-cost settlement, seldom are these settlements in the best interest of those injured.  At Daniella Levi and Associates, P.C., we’re available to you 24 hours a day, 7 days a week.  If you are unable to come to us, we’ll come to you, whether at home or the hospital – whatever is convenient for you.

If you or a family member have been an injured passenger in an Uber automobile accident and are looking for fair, honest, and aggressive representation, Daniella Levi and her team will ensure that you are painstakingly represented.  We will make certain that you receive the full compensation you deserve.  You pay nothing upfront, and before we take your case we will provide a free, thorough, no-obligation consultation.  Our fee is only collected after you and your family have been awarded the compensation you deserve.  If you are an injured passenger following an Uber accident, Daniella Levi and Associates, P.C. can help you.  Call us today.

*Currently there is no legal precedent set for accident lawsuits caused by interference or disruption due to unruly, intoxicated, or otherwise impaired passengers.

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.

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

mortorcycle accident lawyer daniella levi and associates

I Had a Motorcycle Accident – What Should I Do?

What Should I Do After An Motorcycle Accident?

As the weather warms up and the world opens back up again, there is a measurable increase in motorcycle-related accidents throughout the state of New York.

According to the Institute for Traffic Safety Management and Research located at the University at Albany’s Rockefeller College, the number of people killed in fatal motorcycle crashes rose 53 percent from 2019 through 2021.  While the final numbers for the last year are not complete, the same report recorded that 204 people were killed in 198 crashes involving motorcycles last year.  By comparison, in 2019, 133 people were killed in 132 crashes*.

Nearly 90,000 people are injured in motorcycle accidents yearly.  These accidents are traumatic and can have lasting physical, financial, emotional, and psychological effects on those involved.  The risks involved with riding a motorcycle daily are exponentially higher than those for drivers and passengers in other motor vehicles.  Open exposure to the elements, road conditions, distracted drivers, and unexpected road hazards all contribute to the precariousness of time spent on the road.  While drivers in cars and trucks are safeguarded by safety restraints, airbags, and framework, motorcyclists are not nearly as protected.  This vulnerability can result in painful injuries, expensive vehicle repairs, time lost from work, emotional damages, catastrophic injuries with substantial medical expenses – and death.

The time immediately following a motorcycle accident can be muddled and confusing.  Insurance companies may make hasty offers based on their perception of liability, which seldom benefits the motorcyclist.  Serious physical injury sidelines work and daily life riders with little understanding of anticipated recovery time and return to activity.  Losses of both the motorcycle and the rider’s protective gear add up quickly, and repair to the motorcycle can be both slow and outrageously expensive.

Hire a Lawyer After a Motorcycle Accident

The experienced, professional legal team at Daniella Levi & Associates will help you.  You are our main concern, and our immediate focus will be on your physical and medical wellbeing.  We will assist and support you through communication with medical professionals, hospitals, and insurance companies.  When necessary, we will provide you with our specialized partners which will conduct a complete investigation, reconstruct the events of the accident, and reveal the evidence necessary to establish liability.  We will enlist the services of trusted and dedicated accident reconstruction experts when necessary, using photos, eyewitness accounts, security cameras in the area, dashboard camera footage, and written statements.

From your first visit, we’ll work with you to determine the liability – or responsibility – of the parties involved.  We will reconstruct and analyze the conditions that led to the accident in order to acquire the maximum compensation for the damages you’ve sustained.  If the accident involved a hit-and-run driver, we will pursue the driver and establish liability.  We understand that without a responsible party with which to make a connection, you could find yourself paying for expensive out-of-pocket repairs or without a vehicle entirely.  Our mission is to make you – and your vehicle – whole again.

If there were eyewitnesses, other drivers, or passengers who observed the collision, their testimonies could be invaluable in proving your case.  Photographs of the scene of the accident, weather reports from the time and place of the event, and proof of the conditions at the time of impact such as traffic congestion, time of day (sunrise/sunset), pre-existing accidents in the immediate area – can all be contributing factors to the successful outcome of motorcycle accident lawsuits.

If you were injured in the accident, seeking immediate medical attention is critical for your health and well-being, and may establish a crucial foundation for your lawsuit.  It is essential that you obtain all medical records, x-rays and scans, laboratory results, and a long-term prognosis from all of your treatment visits to complete the scope of the damages you have sustained.  We will work with your medical professionals to evaluate the necessity of future care you or your passengers may require, whether physical, emotional, or psychological.  Pain and suffering are very real consequences of traumatic accident/injury cases, and the importance of these expenses should not be overlooked.  We will ensure that your best interest is represented with the insurance companies throughout.

We will further communicate with the repair shop and insurance company to see that all of your motorcycle headaches are quickly and completely remedied.  The accident was not your fault, so why should the damage to your motorcycle be your burden?  There is no reason for you not to be made whole as a result.

Insurance providers specialize in settling claims quickly, and their main pursuit is doing so as inexpensively (to themselves) as possible.  If you are contacted directly by the other party’s insurance company, we ask that you refer them to your professional law team at Daniella Levi & Associates.  We will not hastily settle your claim, nor will we settle for less than you are entitled to.  It is our job to communicate with the insurance companies on your behalf, and we take our job seriously.

We understand the many consequences and outcomes of motorcycle accidents and injuries, and the long-term and sometimes permanent consequences which can place you and your family in financial hardship.  At Daniella Levi & Associates, we are uniquely qualified to assist you with your motorcycle accident injury claim.  If you or a loved one have been seriously injured due to a motorcycle accident, call the dedicated professionals at Daniella Levi & Associates today.

*Statistics include passengers, pedestrians, and bicyclists.

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.

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

New York City skyline

Safety Tips for Driving

Safety Tips for Driving in Winter

Even though it is important to drive safely year-round, winter normally has the worst and most dangerous driving conditions. Just two Sunday mornings ago, the tri-state area was covered in black ice due to freezing temperatures and rain. There were about 700 accidents throughout and about 53 accidents in New York alone. The FDNY received an overwhelming amount of more than 3,700 emergency calls and had to call in help from neighboring departments. There is a blizzard warning for today and tomorrow and many schools have closed. In these extreme situations, it is best to just stay off the roads.

If you must go out on the roads, however, here are a few accident-prevention tips on how to try to keep you and others around you safe:

1. Clear off any snow or loose objects on your car. Check that your exhaust pipe is not blocked.

When the snow piles up, it is important to clear it off to avoid it flying off and hitting other cars or people while you’re driving. Remember to check your roof to make sure you didn’t leave beverages or other items either. Before you turn on the car, make sure your exhaust pipe is free of debris such as snow and mud. Blocked exhaust pipes could lead to a lethal buildup of carbon monoxide inside the car.

2. Only warm up your car in open areas.

Contrary to popular belief and practice, it is not really necessary to warm up your car before driving it. A minute is probably the most that you need. Cars were designed to be able to operate in cold weather and you will save gas if you break this habit. If you do warm up your car, do so in an open area to prevent deadly carbon monoxide poisoning which can occur in closed areas.

3. Keep a small snow shovel, snow brush/ice scraper, blanket, flashlight, road flares, and first aid kit in the car.

Use these to keep visibility at optimum levels and to avoid getting stuck in the snow. If you do end up in a situation where you need to pull over and wait for help, layout road flares to warn cars of where you are and stay as warm as possible. Remain in your vehicle as it provides better shelter from the cold and reduces the risk of getting struck by another vehicle.

4. Check your gas, tires, and windshield wipers.

Always be aware of the condition of your tires and how much gas is in your tank. Try to constantly keep at least a half-full tank to avoid getting stuck. Good tires are critical to driving safely in wet or icy conditions. Make sure to replace them when the treads wear down. Cracked rubber on old windshield wipers will be less effective in clearing off the snow and ice. If you are in an area that is susceptible to a lot of snow and ice, consider purchasing winter blades, which clear off snow and ice more effectively.

Tip: Adjust your headrest so that it rests behind your head, not your neck, to avoid greater damage from whiplash in the case of an accident.

5. Make sure your headlights are on.

Being able to see and be seen can help prevent accidents whether you’re driving through fog, rain, snow, or during the nighttime. Particularly if you are in a white car in a snowy environment, always keep your headlights on since you blend in with the snow. The use of your headlights is necessary for all types of weather-good or bad.

6. Drive slowly and keep back a greater distance. Beware of black ice and slippery roads.

Wet or icy road conditions cause cars to take a longer distance to come to a stop. Braking early will also aid in accident prevention. Bridges, underpasses, and intersections are usually the first places to form ice, so proceed with caution. Keep greater distances, especially from trucks, so that any snow or ice on their vehicles doesn’t fly off and cause damage to you.

Fog is tricky to drive through as well because of limited visibility, so keep in mind that driving slow can prevent you from driving into another vehicle.

7. Brake and accelerate gently.

It is harder for a vehicle to gain traction on slippery roads. Accelerating and braking suddenly can cause your tires to spin or your vehicle to skid. If your wheels spin from accelerating, let up on the accelerator until traction returns. Avoid making sudden movements with your vehicle.

8. Don’t hit the brakes if you skid.

Although it may be your first reaction, it could actually cause your vehicle to become even more unbalanced. AAA has great step-by-step instructions and diagrams of what you should do in such a situation. Found here: http://exchange.aaa.com/wp-content/uploads/2012/12/AAA-How-to-Go-Ice-Snow.pdf

9. Always wear your seatbelt.

The most basic practice of wearing a seatbelt can save you and your passengers’ lives-no matter if they are sitting in the front seats or the back seats. This is usually the first line of defense in accident situations.

10. Drive without distractions.

In any type of weather, your full attention should be on the road. You should never text and drive or talk on the phone. If you talk on the phone, use a hands-free device.

Did you know that texting takes away at least 5 seconds of your attention from the road and if you are driving at 55 mph, you would have driven the length of a football field with your eyes away from the road? Texting and driving raise the possibility of getting into a crash to 23 times more likely. No text message is as important as yours or another person’s life. Be smart and keep focused on the road ahead.

Remember, if you do not absolutely need to go out, then it is better to stay inside until conditions improve. If more people stayed off the roads then the number of accidents may be reduced. Keep in mind not only your safety but others as well.

If you find yourself in an accident and are in need of an auto accident attorney to fight for you, you can call us at (718)-380-1010 for a free consultation and expert advice.

new york medical malpractice lawyers queens 11366

Can I Sue The City for a Car Accident

Can I Sue the City for a Car Accident if the Car Involved is City-Owned?

You have been in a car accident involving a city-owned car that you feel is the city’s fault – can you sue?  The answer is yes, you can sue, but you will need to be prepared.  Knowing how to acquire the necessary proof that it was the city’s fault will be critical.  The City has a team of experienced attorneys, well versed in defense of claims of injury and loss.  These same attorneys will work diligently to discredit your claim, so it is essential that you are working with an experienced attorney yourself – one that you can trust.

Daniella Levi & Associates P.C. is the firm you can trust to have the knowledge and experience necessary to handle these cases in the Bronx – and win.  Our skillful team of accident experts fights to get you the compensation you need and deserve.

What do I need to do?

Following your accident, call us as soon as possible to get started filing your claim.  Some of the key steps for a successful outcome include:

  • Determining that the City is responsible for your accident is essential.  You will be required to provide proof that the City is at fault for your accident.  This will require careful documentation of everything that led to the accident.  Was it the result of poor road conditions such as potholes, crumbling asphalt, a distracted city worker such as a snowplow driver which caused you to crash?
  • You will need to file a claim with your insurance company and receive a claim number.  Your insurance company will use this claim number for your automobile repairs and any medical bills you may receive.  A police report will be required before your insurance company opens a claim, so make sure that you have that information on hand prior to contacting them.
  • Will my case go to trial?  Not all claims against the City will result in a trial.  We have the know-how to expertly guide you through determining the appropriate course of action and navigating the courts on your behalf.

When you need a car accident attorney in the Bronx to help you with a lawsuit against the City, you want the best team with the most experience.  Daniella Levi & Associates P.C. is that team.  We know exactly how to get you started and will guide you every step of the way.

new york personal injury lawyer daniella levi and associates the bronx 10462

How Soon After a Accident Should I Contact a Lawyer?

Is There A Time Limit After a Car Accident to Contact an Auto Accident Lawyer?

As a general rule, you should contact an auto accident lawyer as soon as (1) You have been injured in an accident; (2) you have unanswered questions regarding an automobile accident; (3) An insurance company is not responsive or treating you fairly; or (4) you require medical care and need assistance in getting it.

Is having a lawyer after an accident important?

There are many reasons why hiring a lawyer after a crash is necessary. Having the right lawyer on your side is even more critical.  We will help you evaluate your case by considering conditions such as:

  • The accident resulted in severe injuries or in wrongful death.  Not all injuries sustained in an auto accident are apparent at the time of the crash; many symptoms become more serious with time.
  • Were you involved in a hit and run?  We can clarify how Uninsured Motorist coverage works.
  • It may be unclear as to who was at fault in the accident.  Police are seldom present at the time of accidents and you can’t rely on first responders to reconstruct the events of an accident accurately.

Hiring an auto accident lawyer will help you steer clear of legal loopholes. Ignorance of the law is no defense in legal matters, and if not dealt with correctly, you could easily be denied compensation or benefits you would otherwise be entitled to.

There are countless reasons to contact an auto accident lawyer immediately following a car accident. You want a legal team that will work for you, help protect your rights, and seek the compensation you deserve.

Help Dealing with Insurance Companies

According to data from the insurance industry, having expert legal counsel results in settlement amounts that are four times larger than those without counsel.  Insurance companies are not offering you the money to be kind; their purpose is to settle quickly so they can save money.  Do not let their haste be at your cost.

Contact us today

The attorneys at Daniella Levi & Associates are here to answer any questions you have.  We have a proven record of fighting for our clients and getting winning results. Car accidents are scary, but calling our legal professionals won’t be. Your initial consultation is always free, and at Daniella Levi & Associates, we don’t collect unless you do. If your injuries prevent you from coming to us, we will gladly come to you.

Call us today!  We are to help.

For all correspondence, please use the Queens office address.

The information on this website provided by Daniella Levi & Associates, P.C. is for informational purposes only and should not be considered legal advice or a substitute for competent legal counsel. Privacy Policy | Terms of Use


Website Design, Content & Search Marketing by Local Search for Lawyers™ | Copyright protected. All Rights Reserved.