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Pedestrian Accidents

Wednesday, October 14, 2015

Mother Killed at 138th Street and Bruckner Boulevard: A Fatal Intersection

At the end of her shift at Dufour Pastry, Sheniqua Silva was crushed to death by a Coca-Cola truck that jumped the curb and slammed into her and four others at 138th Street and Bruckner Boulevard in Port Morris in the Bronx on Monday. A Nissan sedan, which was trying to get onto the Bruckner Expressway, tried to pass the truck and crashed into it, causing the chain reaction that killed the mother of five.

These accidents, and others, are all too common in New York City. The NYPD tracks these accidents, and the intersection of East 138th Street and Bruckner Boulevard is extremely dangerous. In August 2015, there were 20 collisions at that intersection, including with a pedestrian who was injured. Five people were injured at that intersection in July of this year. Another two people suffered the same fate in June. 

The attorneys of Feldman, Kronfeld & Beatty, who handle Bronx cases every day, have vast experience with pedestrians who have been injured by vehicles. If you are injured by a vehicle, please discuss with experienced trial attorneys your rights and potential claims you might have. The attorneys at Feldman, Kronfeld & Beatty are available for a free consultation for pedestrian accidents at (212) 425-0230 or at info@fkbeatty.com.


Thursday, October 8, 2015

Better or Worse: Motor Vehicle Accidents Still Claim Lives

Yesterday, the Department of Transportation testified before the New York City Council on the progress of their "Vision Zero" program introduced by Mayor de Blasio. In the last twelve months, no police cars, fire trucks, garbage trucks or snow plows were involved in a fatal crash. Last year, eight people were killed. The City is claiming that new training programs and sideguards on 250 city trucks have prevented the deaths. However, the Comptroller's introduction of ClaimStat to make city agencies accountable for the lawsuits and payouts they have had to make from injured New Yorkers are likely also involved.

But by no means is the City still safe. On Monday, a mother was killed, and her toddler critically injured, when an SUV ran a red light at Atlantic Avenue and 108th Street, striking a Kia and sending the car into four people. The mother heroically tried to push the toddler out of the way. That same day, a pregnant mother leaving her work as a waitress in Staten Island was trying to catch the bus and killed.

These everyday New Yorkers, caught in horrible and preventable accidents, deserve to be represented by a neighborhood law firm who cares to get them the most that they can for their injures. If you, or a loved one, has been hurt in an automobile accident or struck while in the street, call the experienced trial lawyers at Feldman, Kronfeld & Beatty at (212) 425-0230 or at info@fkbeatty.com


Wednesday, October 7, 2015

2d Judicial Department, Appellate Division Roundup: September 30, 2015 Edition

In this edition of the 2d Judicial Department, Appellate Division Roundup, which was light on detailed personal injury cases, we bring to you some interesting elements of presenting a successful case against municipal defendants, and the 2d Judicial Department's thoughts on the necessities of motion to compel discovery: 

Bachvarov v. Lawrence Union Free School District and County of Nassau

This case again shows the difficulty of proving “prior written notice” when municipal defendants are being sued for personal injuries related to defective conditions. The plaintiff was hurt when she tripped and fell over a defect in a sidewalk abutting a premises owned by the school district in Nassau. Unlike New York City, which generally makes the landowner responsible for sidewalks with the exception of certain family residences, in counties like Nassau it is the municipality’s responsibility. However, the county needed to have prior written notice of the defect in order to be sued over it. Here, the Court said that even though the Nassau County of Public Works, the entity in charge of actually fixing the defect, had prior written notice, because the statute required that the Office of the County Attorney get the notice, the County could not be held liable. Therefore, the plaintiff’s case was dismissed.

Fridman v. New York City Transit Authority

Another case where the trial lawyers have to be experienced with the ecosystem of municipal defendants in New York City in order to properly provide clients with a chance at recovery. In this case, the plaintiff was injured when the Q60 bus on Queens Boulevard suddenly stopped, throwing him forward and fracturing his hip. The correct defendant to sue was the MTA Bus Company, but instead, the lawyers for the plaintiff sued the MTA and the New York City Transit Authority. Since the MTA Bus Company, although a subsidiary of the New York City Transit Authority, was a different entity, the plaintiff’s lawyers missed the statute of limitations and the motion for summary judgment was granted.

Friedman v. Rogerson

In this motor vehicle accident case, the plaintiff was granted summary judgment on the issue of liability, when she proved that was walking within an unmarked crosswalk, that she had observed the conditions of approaching traffic before she began to cross, and that the defendant driver did not yield the right of way.

Pardo v. O’Halleran Family Chiropractic

In this medical malpractice case, the defendant lost their application for summary judgment on whether the defendant’s chiropractic treatment caused the plaintiff’s injury, and also failed to establish with reasonable certainty that the plaintiff would not be able to prove lost earnings. Furthermore, as a practice tip, it should be noted that the court simply threw out the motion for compelling discovery since the required affirmation of good faith effort to resolve the dispute was missing.


Tuesday, September 29, 2015

Hit & Run Driver Leaves Pedestrian Seriously Injured in Queens

As we've discussed previously, the attorneys at Feldman, Kronfeld & Beatty are specialists in working with pedestrians who have been struck by automobiles, bicycles, motorcycles, and trucks. Some pedestrians suffer injuries that will haunt them for the rest of their lives, even though they were just trying to, for example, get to the store or go to a friend's house.

On Sunday, a hit & run driver in Forest Hills struck a pedestrian. It is reported that the vehicle did not even slow down before hitting the pedestrian, and kept on driving. The injured man is in serious condition at Jamaica Medical Center in Brooklyn. He was hit so hard that his body went flying and struck metal dumpsters; these secondary injuries may even be worse than the initial impact. This man may have a case against the driver of the automobile if they were able to get the license plate, make, and model of the car, or a case against the man's own uninsured motorist policy or MVAIC if that information remains unknown.

It is important that, if you have been hit by an automobile, to call experienced trial attorneys as soon as possible. The law firm at Feldman, Kronfeld & Beatty can help you if you're a pedestrian who has been hit by an automobile, even if you don't know the make, model, or license plate of the car. You can contact us at (212) 425-0230 or at info@fkbeatty.com for a free consultation.


Thursday, September 24, 2015

Dangers to Brooklyn's Elderly: NYPD & DOT Warn that South Brooklyn Elderly Are in Danger From Motor Vehicles

Of the 15 pedestrians who have been killed in auto accidents in the police command known as "Brooklyn South", which stretches from Coney Island to Crown Heights and Red Hook to East Flatbush, eight of them have been 65 or older. 

Just for the month of August alone, 5 pedestrians in Brooklyn have lost their lives to auto accidents. 228 have been injured. Each of those deaths or injuries may have been prevented. Each of those deaths or injuries may have been the cause of negligence on the motor vehicle driver's part. It is imperative that, although each and every case is different, that if you are injured as a pedestrian you immediately contact a trial lawyer to discuss your rights and any potential claims you might have.


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