Category: Motor Vehicle Accidents

I Was Involved in a Boating Accident in New York. Who is Liable?

New York weather can be cold and biting, so when warm, sunny climes arrive, New Yorkers are more than ready to enjoy some fun in the sun and on the water.  Boating presents an exciting activity to share with friends and family, but with the fun comes responsibility and vigilance.  Carefree recreation can quickly turn into unanticipated chaos if a boating accident should occur.  Understanding the responsibilities of those involved in a boating accident can be the difference between a relatively painless recovery and a seemingly never-ending headache.

Many factors can lead to an unforeseen mishap during boating.  Crowded waters, mechanical malfunctions, partying sailors and guests, and unanticipated weather events – can all lead to severe damage and debilitating injuries.  Determining the liability for these situations can be difficult.  Was operator negligence the reason for the accident?  Did the boat or other essential equipment malfunction?  Did your beautiful day give way to harsh and unexpected weather conditions?  Were other boaters irresponsible or recklessly operating their vessels?  A blatant disregard of nautical standards and practices can be as dangerous and deadly as those on land and roads.  Similarly, victims of boating accidents have the right to file financial claims against responsible parties for injuries, pain & suffering, and even death.  Determining this liability can be challenging, requiring expert investigation and a technical understanding of the effects of water upon an accident site and those who have either witnessed or been injured in the accident.

Injuries due to boat accidents are not as uncommon as you might think.  They may include a simple slip-and-fall on deck, however other, more traumatic injuries such as broken bones, spinal cord injuries, traumatic brain injuries (TBIs), amputations, or death.

If you have experienced a boating accident and are uncertain about your rights, call Daniella Levi & Associates, P.C.  We will help you evaluate the circumstances that led to the accident and ascertain your rights to recover total compensation for your injuries and personal loss.

Together, we will determine and pursue those that might be held responsible for boating accidents.  We will ask questions and find answers, such as:

• Was your vessel appointed adequately with all of the necessary and appropriate life jackets and floatation devices required by law for adults and children?  Was this equipment in good condition and were all aboard adequately informed and trained on their usage?  Whether a recreational vessel or a commercial operation, owners and masters must have suitable Coast Guard-approved life jackets on board for passengers of all ages.  Failure to do so leaves them liable for significant penalties.  Children under 13 years of age must wear an appropriately-sized U.S. Coast Guard-approved life jacket on a boat on open water unless they are below the deck or within an enclosed cabin.
• Did the captain, master, or operator of your boat provide reasonable safety instructions to all passengers before launch?  Did they allow another person or persons to operate the boat who were not qualified to do so?
• Was your vessel’s captain or operator intoxicated while operating the boat?  Did you observe them engaged in careless or reckless operations or in any other way disregarding boating laws?
• Did other passengers on the boat behave dangerously or recklessly, which may have interfered with the boat’s safe operation?  Was the operator of the boat unable to properly fulfill their duty due to another passenger’s reckless behavior?
• What was the condition of the boat?  If a rental company issued the vessel, was the accident a result of their failure to maintain the boat properly?

Could the accident be a direct result of a manufacturing defect?

There are as many contributing conditions to maritime accidents as boats on the water.  At Daniella Levi & Associates, P.C. we will thoroughly evaluate every facet of your boating accident to determine liability and recover your damages, whether from physical injuries, medical expenses, loss of income or livelihood, vessel repair, pain & suffering, or any other unanticipated expenses you may incur.  Your recreation should never become your tragedy.  If you are injured and require a visit by one of our legal professionals, call us today to set up a consultation, and we’ll come to you.  Your first visit is free, and we don’t get paid until you receive the compensation you greatly deserve.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need 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.

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

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

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

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

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

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

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