Here are some Tips for Avoiding a Car Accident This Winter Experts at Linden Law:
1. Your Car Needs the Proper Attire! As the temperature drops, you bundle up and your car needs the same attention. When the weather conditions make visibility difficult, you are responsible for clearing snow and ice off your windshield, headlights, and tail lights. We recommend you buy an ice scraper this season and check your windshield wipers daily to make sure the rubber isn’t wearing out. Likewise, it is important to check your vehicle’s brakes and oil. Depending on how bad the roads are by you, we recommend that you invest in snow tires or chains to further protect yourself. Many vehicles are outfitted with fancy performance tires that are simply not able to travel on an icy road. They can both ruin and cause an accident that in the end will cost more than an extra set of tires. And remember, if your car wasn’t built to drive in the snow, give it a few days rest!
2. Slow Down! The roads are icy! The state implements laws that prohibit motorists from traveling faster than the road conditions allow. Even though you may be below the posted speed limit, you may be at fault for driving with excessive speed given the unsafe weather conditions.
3. Keep your Distance! Unfortunately you cannot prevent accidents as someone else’s negligence. You can maintain a distance from other cars while on the road to try to avoid them. When the roads are wet or icy, stopping distances can increase dramatically. If you follow the car in front too closely, you may end up causing a rear end collision!
4. Watch Out! Not only is it important to watch out for other drivers, it is important to be careful around snowplows and road crews. Be sure to slow down, especially in construction zones, as you may not see it coming on you hit it.
Everyone else is having a bit of a bittersweet laugh over Volkswagen’s superbly horrific recent history of car recalls due to faulty products. If it’s not massive carbon emissions, it’s faulty airbags or cars going up in flames. Yet, you’re not laughing because you have bought a Volkswagen product literally burnt to ashes.
What is product liability?
Cases like these are called product liability cases. This is because manufacturers are liable for any injuries caused by defective products that they have placed in the hands of the consumer through their distribution chain. In short, it’s not your fault that your car caught fire. If it was due to faulty vehicle design – it’s their fault.
Can you file a case as an individual?
- The product was defective in such a way that it was unreasonably dangerous for a consumer to use. One good example would be a car catching fire.
- You used the product in the way the manufacturer intended when it caused you personal injury.
- The product hasn’t changed substantially since it has been bought. If you made some major modifications to your car, you won’t stand much of a chance with a personal injury case.
Talk to a personal injury lawyer
Product liability cases are one of the types of cases that you can have evaluated by a personal injury lawyer. If you have been unfortunate enough to have bought a vehicle that had to be recalled for some bizarre reason like the ability to inconveniently catch fire, you can sue the manufacturer for personal injury.If you think you have a personal injury case against a manufacturer due to product liability, why don’t you give us a call at 212-804-8440 for a free consultation? Our lawyers here at Linden Law are experts in personal injury cases.
Let’s imagine that a person was run over by a car and suffered severe injuries. The person filed a personal injury complaint, the lawyers agreed that he had a good case and a legal battle followed. Midway through the proceedings – the victim of the accident dies due to his injuries. What happens now?
Any uncompleted actions in the personal injury case are now ceased
Furthermore, any claims for damages due to pain and suffering are now no longer relevant. The case now belongs to the victim’s estate and his representative will be responsible for tying up the loose ends.
A wrongful death case can now be pursued
If the victim died before the case reached such a point where the victim could be compensated for his expenses, the family can decide to file a wrongful death case. Now that the victim is deceased, the costs that need to be compensated for is a lot different. Now, a whole lifetime of wages hangs in the balance as well as funeral costs, financial support given to others such as educational assistance as well as the medical expenses incurred while the victim was still alive.
Make sure that you have an expert lawyer to help your case
Talk to your doctor
Talk to another doctor
If your doctor is not forthcoming in helping you with your misfortune, you can decide to file a personal injury case due to medical malpractice. Remember that you will need to be able to prove that it was due to your doctor’s negligence that you suffered personal injuries, in other words, that you wouldn’t have suffered the same if you’ve gone to another medical professional. By getting the advice from another medical professional you will be able to get a certificate of merit for your case – which will be needed during the legal proceedings to prove your case.
Talk to a medical malpractice lawyer
Once you have established that your doctor was indeed negligent and you have obtained the evidence from another medical professional, you can go to a qualified personal injury lawyer to evaluate your case. Remember that you only have two and a half years in New York state to file a personal injury complaint due to medical malpractice and that the clock starts ticking from the moment that you have suffered the injury. It’s best to talk to a specialized lawyer as soon as possible.
Linden Law specializes in medical malpractice. If you believe that you have a case and would like to file a complaint against your doctor, you can call us at 212-804-8440. Otherwise, you can visit our offices at 1500 Broadway Suite 903 in New York City.
Bus accidents are not isolated incidents in New York State. In February a 46-year old victim was run over by an MTA bus and ended up in hospital in a critical condition. In January, an elderly man lost control of his pick-up truck and crashed into a bus in Syracuse, NY. Eight people were injured in this accident. A 43-year old woman broke her hip, ribs, and shoulder after being run over by a school bus. A cyclist rammed into a tour bus in Times Square in December 2016.
It’s not always clear who were responsible for the accident, but in each incident could be evaluated by a personal injury lawyer to determine whether the victim could claim expenses for medical bills and personal suffering. A bus accident can result in very serious injuries, not only for the passengers who trusted the bus driver with their lives but also for other motorists, pedestrians, and other road users. If it can be proved that the bus driver was negligent by driving too fast or following too closely, not maintaining his vehicle or any other negligent behavior, the bus company or bus driver can be sued for personal damages.
The first thing to do if you were involved in a bus accident is to go to the hospital to get medical treatment. Then you have to contact a personal injuries lawyer to see whether you have a case in which you can claim compensation for your medical bills, work days lost and personal suffering from the bus company.
Linden Law specializes in personal injury cases and their expert lawyers will gladly evaluate your case for free. If your case has merit, they won’t charge you any fees unless you win the case. Visit us at 1500 Broadway Suite 903 or call us at 212-804-8440 to talk to an experienced lawyer about your case.
The New York subway system is fraught with possibilities for personal injury. Slips and falls on the stairwells and injuries due to sudden stops are but a few examples of ways to sustain injuries on New York City’s subway system. While derailment is quite rare, it is a possibility and there are several historic events to prove so. In 1991, a drunk motorman raced the train at more than 40 MPH while the speed limit was 10 MPH. The train derailed leaving 200 passengers injured and 5 dead. The driver was convicted of manslaughter and sentenced to 15 years imprisonment.
Subway accidents can happen due to negligence by the subway operating organization. Think wet floors without warning signs, faulty trains, and broken, dangerous staircases. Multiply that by the number of passengers that you have to navigate in a dangerous environment and a subway accident is bound to happen sooner or later. If you have suffered injuries during a subway accident, you may be eligible for a personal injury case to claim compensation for your losses in medical bills, wages lost and personal suffering.
What to do after a subway accident
Hire a personal injury attorney to help build you subway accident case
Ferries are a common sight in New York. Companies like NY Waterway, East River Ferry, and the Staten Island Ferry transports thousands of people across the waterways of New York City. Ferry rides are often a pleasant experience and a more relaxing commute compared to being stuck in a subway or bracing traffic.
Ferry accidents in New York
Yet, ferries are not as safe as you would think and several ferry accidents have resulted in severe injuries and even death. Most of the time these ferry accidents are the result of an error by the ferry captain. In 2003, a ferry crash in Staten Island resulted in 71 people being injured and 11 killed. The captain confessed to being drowsy due to medication that he was taking. In 2013, a ferry carried 326 passengers from New Jersey to Manhattan. When the ferry hit the dock, the passengers were thrown back ten rows due to the impact of hitting the dock – resulting in 85 passengers suffering personal injuries.
Ferry accidents can result in serious injuries which can not only incur heavy medical bills but may also result in lost wages due to days of work. Since many ferry accidents are due to captains’ errors the ferry company is liable for the costs, injuries, and damages that you have suffered. You have every right to claim compensation by filing a personal injury complaint.
Call an expert personal injury lawyer
The first thing that railroad workers need to understand about the Federal Employers Liability Act (FELA) when it comes to workplace injuries is that this act is quite different compared to Worker’s Compensation. FELA allows for full recovery of damages due to a negligent act of the railroad company or a co-worker. Because of this, railroad companies try their best to hide their negligence and to prevent you from collecting evidence of your injuries that can be used in a FELA case. Don’t buckle under the pressure – contact a professional lawyer with experience in FELA cases to help you claim compensation for the damages that you suffered.
Medical care first
It’s very important that you seek medical care immediately and without the interference of your employer to ensure that the medical care you receive only pertains to your workplace injury and is also unbiased. Any prescriptions, X-rays etc. as well as lost time means that your employer need to report your accident to the Federal Government, and as you can imagine, your employer will be very reluctant to do so.
If you’re planning on filing a FELA complaint you have to be very specific when you tell your doctor about how you sustained your injury. Be sure to mention any faulty equipment or dangerous working environments when describing the incident. Your doctor can serve as a medical witness, but can only give accurate information if you provide it. In follow-up visits, be very specific about any symptoms you are still experiencing. Tell your doctor about the pain in your knee when your sit down, or the pain in your back when you wake up in the morning. This will help your doctor to set up an accurate treatment plan and will also help your doctor to describe the full extent of your injuries when called upon as a medical witness.
- Witnesses who knew about the unsafe working conditions
- Witnesses who knew about any complaints filed about the unsafe conditions
- Any persons you have talked to about the incident other than company officials
- Any person who have knowledge of the car or equipment that you worked with
- Any person with experience in your specific job
- Social contacts who can contest that you are behaving in a way that indicates personal suffering
Use a daily diary to collect evidence
Write down every detail of your day in a daily diary. This will give you ample information on how your work was affected by your injury, how much income you lost due to lost work days, your employer’s attitude towards you after the incident and so forth. The information in your diary will be very useful when preparing your FELA case.
Don’t fill out the incident report before you’ve received medical attention. Make sure that you have a clear mind when you fill out the form so that you don’t miss any details that may prove the negligence of your employer. If your employer fills out the form on your behalf, be sure that you are of sound mind when you read it and only sign if you’re absolutely certain that the information on the form is correct.
The purpose of this report is to determine whether the accident was due to negligence. This form bombards you with confusing questions and often results in proving that you were working in a safe environment and that the employer was not at fault. Be very careful when you fill out the report and take your time to make sure that you understand what is meant by each question if you want to file and win a FELA case.
Violation of safety acts
By law, railroad companies need to abide by the specifications of two acts to ensure that they have created a safe working environment: the Locomotive Inspection Act and the Federal Safety Inspection Act. If your employer violated any of these acts, it serves as proof that they were definitely at fault. Consult a lawyer who is familiar with FELA to help you prove whether your employer violated these laws.
Be sure that your lawyer is familiar with FELA cases
Many personal injury lawyers claim that they handle FELA cases, but in truth have limited experience in this matter. Ask your law firm whether they have dealt with FELA cases before, how long they have been taking care of FELA cases, and whether they have won any of these cases.
Linden Law specializes in FELA cases and you can trust our lawyers to give you the legal advice and services that you need to win your FELA case.
Traveling by cruise ship is supposed to be a relaxing and fun experience. The last thing that you want to happen on a cruise is to get injured or sick because the cruise ship personnel were negligent. There’s nothing that ruins a holiday like a cruise ship accident.
It’s one thing to sue for personal injury due to an accident on land, but cruise ship accidents are a whole different kettle of fish when it comes to claiming personal injury compensation. Firstly, cruise ship accidents are covered by maritime law. Secondly, the personal injury claim must be made in the state or country where the cruise ship is headquartered. Although there are cruises that depart from New York, many cruise ships are headquartered in Florida, making it difficult for New York citizens to file a personal injury complaint due to a cruise ship accident. You can check the back of your ticket to know in which state you have to file your complaint if you have been the victim of a cruise ship accident.
To make a claim against a cruise ship operator, you have to be able to prove that the cruise ship employees or operator were negligent and that this was the cause of the accident. This means that you have to prove that any reasonable cruise ship operator and its employees should have known that the conditions under which the accident happened were dangerous and that they didn’t attempt to fix the problem.
If you got sick or injured due to medical administrations by the ship doctor, you have to make your case of medical malpractice against the doctor as many ship doctors are contractors and not employees of the cruise ship operator.
Filing a personal injury complaint due to a cruise ship accident can lead you through a labyrinth of legal technicalities in order to be compensated for your medical bills and loss of wages. The best is to go talk to a personal injury lawyer who specializes in cruise ship accident personal injury cases. Linden Law’s qualified lawyers will review your case for free to determine whether you can file a complaint against the cruise ship operator.
Countless commuters in New York City and New Jersey areas use bus services to travel from home to work and back each day. MTA transits millions of passengers per work week to and from New York City while NJ Transit brings more people to New York City every day. In addition to these bus services, school bus services, city bus services, and tour buses contribute to the bus traffic.
Each of these passengers put their lives and their trust into the hands of the bus drivers without even thinking about the risk of being involved in a bus accident. Yet, in 2013, 18 000 bus crashes in the United States resulted in injury. Often these cases are the result of negligence on the behalf of the bus driver or the bus company. Tired drivers, reckless driving, and unsafe vehicles can all result in fatal bus accidents or personal injury. Even though traveling by bus is relatively safe compared to traveling with other vehicles, the major factor to consider is that bus accidents are beyond the control of the passenger who may suffer personal injury. You don’t have any control over whether the driver is in a state to drive the vehicle or whether he will adhere to safe driving practices. You have no choice but to trust that the bus driver will transport you to your destination safely. For that reason, personal injury due to bus accidents can be a traumatic event. Even so, if you have suffered personal injury from a bus accident, you have to contact a personal injury lawyer to investigate your case as soon as possible – within 90 days to be exact. You trusted the driver and you deserve to be compensated for this breach of trust.
Linden Law specializes in personal injury due to bus accidents and will be able to find out who is liable for your medical costs due to personal injuries from the accident as well as compensation for pain and suffering. If you or your loved one was a victim of a bus accident, Linden Law will be at your side to help you get the compensation that you deserve. Don’t wait until it’s too late – contact our expert lawyers now.