Car accidents are an unfortunate and all-too-common occurrence on the roadways. In addition to the physical and emotional trauma that can result from a collision, car accidents can also cause debris to scatter across the roadway. This debris can pose a danger to other drivers and their vehicles. If you run over car crash debris, you may be wondering what your options are. This article will provide you with some guidance on what to do in this situation.

Take these Steps

Assess the situation

If you run over car crash debris, the first thing you should do is assess the situation. Check your vehicle for damage, and be sure to look at your tires and rims for signs of damage or punctures. If you notice any damage, take pictures of it as evidence. Additionally, try to identify what type of debris you have run over. This can help you determine whether the debris is hazardous and whether it needs to be reported to the authorities.

Pull over to a safe location

If you have run over car crash debris, it is important to pull over to a safe location as soon as possible. Look for a location where you can park your car safely, away from traffic. If you are on a busy road or highway, try to move your car to the nearest shoulder or off-ramp. If you are unable to move your car safely, turn on your hazard lights to alert other drivers of your presence.

Contact the authorities

After pulling over to a safe location, contact the authorities to report the debris. This can be done by calling 911 or the non-emergency police line. Provide the authorities with as much information as possible, such as your location, the type of debris you encountered, and any damage that has occurred to your vehicle. By reporting the debris, you can help prevent further accidents from occurring.

Document the incident

If you have run over car crash debris and suffered damage to your vehicle, it is important to document the incident. Take pictures of any damage that has occurred, including your tires, rims, and undercarriage. Additionally, collect any debris that is still on the roadway, and take pictures of it as well. This evidence can be useful if you need to file an insurance claim or pursue legal action.

File an insurance claim

If you have suffered damage to your vehicle as a result of running over car crash debris, you may be able to file an insurance claim to cover the cost of repairs. Contact your insurance company as soon as possible to report the incident, and provide them with any documentation or evidence you have collected. Your insurance policy may cover the cost of repairing or replacing your vehicle, depending on the type of coverage you have.

Consider legal action

If the car crash debris was caused by someone else’s negligence, you may be able to pursue legal action to recover damages. This can include the driver or owner of the vehicle that caused the accident, or the party responsible for maintaining the roadway. To pursue legal action, you will need to consult with an experienced personal injury attorney. They can help you gather evidence, negotiate with insurance companies and defense attorneys, and fight for your rights.

Running over car crash debris can be a frustrating and potentially dangerous experience. However, by following the steps outlined above, you can protect your safety and your legal rights. Remember to always prioritize your safety when encountering debris on the roadway, and to consult with an attorney if you need assistance.

How common is it to drive over car crash debris? 

It is difficult to determine exactly how common it is to drive over car crash debris, as there is no centralized reporting system for these incidents. However, it is clear that car accidents and debris on the roadway are frequent occurrences. According to data from the National Highway Traffic Safety Administration (NHTSA), about 5 to 6 million police-reported car crashes occur annually. Many of these accidents leave debris on the roadway, which can pose a risk to other drivers. While it is impossible to predict when or where car crash debris will occur, it is important for drivers to be aware of the potential risks and to take appropriate precautions to avoid damage to their vehicles or injury to themselves.

Who is responsible for the debris after an accident?

Determining responsibility for car crash debris can be a complex issue, as it depends on a variety of factors such as the cause of the accident, the location of the debris, and the party responsible for maintaining the roadway.

In general, the driver or owner of the vehicle involved in the accident is responsible for removing any debris that is left on the roadway. This may include damaged vehicle parts, broken glass, or other debris that may pose a hazard to other drivers. If the driver or owner is unable to remove the debris themselves, they may need to hire a professional cleanup crew or contact the appropriate authorities to arrange for cleanup.

In some cases, the responsibility for car crash debris may fall on the party responsible for maintaining the roadway. This may include state or local government agencies, private contractors, or other entities that are responsible for ensuring that the roadway is safe and free from hazards. If the accident was caused by a hazard on the roadway, such as a pothole or a damaged guardrail, the responsible party may be liable for any resulting debris. Ultimately, the responsibility for car crash debris will depend on the specific circumstances of the accident. 

Consult with Miller, Montiel, & Strano, P.C. 

If you have been involved in a car accident or have run over car crash debris, it is important to take immediate action to protect yourself and your rights. Start by contacting MMS Personal Injury, where our experienced attorneys can help you understand your legal rights and options. We can help you pursue compensation for any damages or injuries that you have suffered as a result of the accident. Contact us today to schedule a free consultation. Our team is here to help you get the justice and compensation you deserve.

Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.

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In a personal injury case, there are generally two types of damages that an injured person may be entitled to: economic damages and non-economic damages.

Economic damages, as mentioned earlier, refer to the quantifiable financial losses incurred by the injured person, such as medical expenses, lost wages, property damage, and other out-of-pocket expenses. These damages can be calculated based on bills, receipts, and other evidence of actual expenses and losses.

Non-economic damages, on the other hand, are more subjective and are meant to compensate the injured person for intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages are not as easy to quantify as economic damages and are often subject to negotiation and litigation in court. A personal injury lawyer will typically rely on their experience, past cases, and the specific facts of the case to estimate the amount of non-economic damages that may be appropriate.

It’s worth noting that some states place caps on non-economic damages, meaning there is a limit on the amount of non-economic damages that can be awarded in a personal injury case. Fortunately, New York is not one of those states. An experienced personal injury lawyer can advise on the specific laws and regulations that apply to your case and help maximize your recovery of damages.

What types of economic damages are there?

Economic damages in a personal injury law firm refer to the monetary losses that a person has incurred as a result of an accident or injury caused by someone else’s negligence or wrongdoing. These damages are designed to compensate the injured person for their actual out-of-pocket expenses and financial losses.

Economic damages can include a wide range of expenses and losses, such as:

1. Medical expenses: This includes the cost of medical treatment, such as hospitalization, surgery, prescription medications, rehabilitation, and therapy.
2. Lost wages: If the injury has prevented the person from working, they may be able to recover lost wages, including future lost wages if they are unable to return to work.
3. Property damage: If the person’s property, such as their car, was damaged in the accident, they may be able to recover the cost of repairs or replacement.
4. Other out-of-pocket expenses: This can include expenses such as transportation costs to medical appointments, home healthcare services, and other expenses related to the injury.

The amount of economic damages that a person can recover will depend on the specific circumstances of their case and the extent of their losses. Miller, Montiel & Strano, P.C. can help evaluate a person’s damages and seek the maximum compensation available.

What types of non-economic damages are there?

Non-economic damages in a personal injury law firm refer to the intangible losses that a person has suffered as a result of an accident or injury caused by someone else’s negligence or wrongdoing. These losses are more subjective and may not have a precise monetary value, but they are still very real and can significantly impact a person’s life.

Non-economic damages may include:

1. Pain and suffering: This refers to the physical and emotional distress that a person experiences as a result of their injury. It may include ongoing pain, discomfort, and limitations in daily activities. Emotional distress: This refers to the psychological impact of an injury, such as depression, anxiety, and post-traumatic stress disorder (PTSD).
2. Loss of enjoyment of life: This refers to the loss of the ability to participate in activities that a person enjoyed before the injury, such as hobbies or recreational activities.
3. Loss of consortium: This refers to the loss of companionship and support of a spouse or partner.
4. Disfigurement or scarring: This refers to any permanent physical scarring or disfigurement that a person experiences as a result of the injury.

The amount of non-economic damages that a person can recover will depend on various factors, such as the severity of the injury, the impact on the person’s life, and the specific laws in their state. At Miller, Montiel & Strano, P.C., we can help evaluate a person’s non-economic damages and seek the maximum compensation available.

Can you sue for compensation of damages in NY?

Yes, in New York, you may be able to sue for both economic and non-economic damages in a personal injury case.

New York law allows injured persons to recover compensation for economic damages such as medical expenses, lost wages, and property damage. New York also permits recovery of non-economic damages, such as pain and suffering, loss of enjoyment of life, and emotional distress. It’s important to note that New York has specific laws and regulations regarding personal injury lawsuits, including limitations on the amount of damages that can be recovered, depending on the circumstances of the case. For example, in motor vehicle cases, No-Fault insurance covers medical bills, lost wages, and some other economic losses, to the extent of the coverage purchased.

If you are considering filing a personal injury lawsuit in New York, we recommend that you consult with our team of experienced personal injury attorneys to evaluate your case and determine the types of damages you may be able to recover. 

Why is it important to have an attorney represent someone seeking economic or non-economic damages in a personal injury case?

There are several reasons why it’s important to have a lawyer to represent you when seeking economic or non-economic damages in a personal injury case:

1. Knowledge and experience: An experienced personal injury lawyer has the knowledge and experience to navigate the complex legal system and ensure that your rights are protected. They have an in-depth understanding of personal injury laws and can help you understand your legal options.
2. Evidence gathering: A personal injury lawyer can help gather evidence to support your case, such as medical records, witness statements, and expert opinions. They can also work with investigators to gather additional evidence, such as surveillance footage or accident reconstruction reports.
3. Negotiation skills: A personal injury lawyer has strong negotiation skills and can negotiate with insurance companies and defense attorneys on your behalf. They can work to obtain a fair settlement for your damages or pursue your case in court if necessary.
4. Maximize your compensation: A personal injury lawyer can help you determine the full extent of your damages, both economic and non-economic. They can work with medical experts and financial professionals to calculate the long-term costs of your injuries and ensure that you receive the maximum compensation you deserve.
5. Reduce stress: Dealing with the aftermath of a personal injury can be stressful and overwhelming. A personal injury lawyer can handle the legal aspects of your case, allowing you to focus on your recovery and your family.

MMS Personal Injury Can Help You

Economic and non-economic damages can have a significant impact on a person’s life after a personal injury. That’s why it’s important to have an experienced personal injury lawyer on your side who can help you navigate the complex legal system, gather evidence, negotiate with insurance companies and defense attorneys, and fight for your rights. Miller, Montiel & Strano, P.C. personal injury attorneys are well-equipped to handle personal injury cases and have a proven track record of securing maximum compensation for their clients. With extensive knowledge and experience, we can provide you with the best possible representation and help you obtain the compensation you deserve. Contact us today for a free consultation.

Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.

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Suffering a spinal cord injury could be a life-altering experience. The victim may be partially or totally paralyzed, leading not only to a decreased quality of life but potentially making it difficult to provide for one’s family. If you or someone you love suffered a spinal cord injury that was someone else’s fault, you have the right to hold that party liable for your injuries. What are some of the damages you could recover? The personal injury lawyers of Miller, Montiel, & Strano, P.C. take a look.

Different types of spinal cord injuries

The type and amount of damages for which you may qualify will depend largely on the nature of your spinal cord injury. Most injuries fall into one of two categories:

Incomplete: This means the spinal cord is still capable of transmitting some messages to or from the brain. The accident victim, therefore, retains some sensory perception and may even have the power to control muscles located below the level of the injury.

Complete: A complete spinal cord injury means there is no nerve communication. All feeling and ability to control movement below the level of the injury are lost.

The victim may be paralyzed either in all four limbs and most of the body (quadriplegia) or in the legs and lower body (paraplegia). A spinal cord injury in the neck area is more likely to cause quadriplegia.

Damages the victim can seek

Recovering damages for your spinal cord injury is serious because you will only have one chance to either settle your case for a fair sum of money or take it to trial to seek a verdict in your favor. Expert witnesses could prove vital to making reasonable estimates of your future damages. Our firm’s trusted expert witnesses can explain to a jury the value of your case and the damages you deserve. Those damages may include:

Medical bills. Unsurprisingly, this category of damages is one of the most significant for the spinal cord injury victim. There may be medical bills for immediate treatment of the injury, plus long-term costs like physical therapy, rehabilitation, adaptive medical treatment, nursing care, and more.

Lost wages. You will miss work and lose money while being treated for whatever accident caused your spinal cord injury. The same is true for follow-up medical appointments, court hearings, and related matters.

Lost future income. A spinal cord injury could cut short or alter a once-promising career, making it difficult to earn a living. This is especially true for spinal cord injury victims who rely on physical labor to support themselves and their families. However, lost future income can affect anyone in any profession who has suffered one of these injuries.

Decreased quality of life. Your life may dramatically change as a result of your spinal cord injury. Perhaps you spent a good deal of time outdoors or enjoyed recreational activities before your accident. The realization that your mobility is limited and daily activities are now a chore can be difficult to adjust to, causing you to experience a reduced quality of life.

Pain and suffering. You may have a painful recovery ahead of you and have to deal with tremendous physical suffering because of your spinal cord injury. Many victims experience chronic pain that aggravates their decreased quality of life and can lead to depression and other secondary issues.

We’re Here To Win You Justice

The good news is that you do not have to take on the powerful insurance companies and lawyers defending the at-fault party alone. The attorneys of Miller, Montiel, & Strano, P.C. go to work every day winning the compensation that spinal cord injury victims deserve. To find out more about how we can help, call us today.

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Scaffolding is ever-present throughout New York because the city is always experiencing growth and new construction. While there is some risk of an accident every time a worker steps foot on a scaffold, reasonable steps should always be taken to keep workers as safe as possible. Tragically, and despite strong state laws to minimize the dangers, scaffolding accidents do happen. If you or a loved one have been hurt in one, you have a dependable legal partner in Miller, Montiel, & Strano, P.C. Here, we take a look at just how hazardous these accidents are.

Four of the most common dangers

Construction work is dangerous enough, but the risk is compounded when a project requires workers to be off the ground. Despite provisions of the New York Labor Law (particularly Section 240) to ensure scaffolding safety, hazards abound. These are four of the most common dangers:

Falling from scaffolding, including slips and falls. Falls from scaffolding can be due to a number of specific causes such as lack of guardrails, improper use of guardrails, and slips and falls (which themselves may be the result of slick substances on the scaffolding or other conditions). OSHA rules and the Scaffolding Law require certain basic safety protocols to be met. When they aren’t, a worker can plunge to his or her death or suffer serious injury.

Access to the scaffold work platform is another reason these falls happen. A secured ladder, stair tower, or ramp should be implemented to allow workers access to the scaffold. Unsafe vertical or horizontal access to the scaffold platform could easily lead to a fall.

Collapse of the scaffolding. If the scaffolding is not properly erected, it may collapse. But just because the scaffolding is put together at the outset of the construction project does not mean it won’t become unsafe later. Inclement weather, the addition of more workers, and the subsequent use of heavier materials or equipment on the scaffold could necessitate moving or reassembling it to ensure worker safety. Only an individual who is competent in such matters should build, move, and dismantle the scaffolding.

Objects falling from the scaffold platform. Accidents could be caused that harm workers, pedestrians, bicyclists, and motorists below or in the vicinity of the scaffolding. Installing adequate guardrails is one step that may minimize the risk of injury. But workers need to also be mindful in how they handle material and equipment while working on the platform. Carelessly handling such objects or even throwing them off the scaffold must always be discouraged. Non-workers should also be kept at a reasonable distance in the event something falls from the scaffolding.

Contact with electrical wires. The risk of electrocution may not be readily associated with scaffolding, but it can occur if the scaffolding is assembled too close to live wires. There should be adequate distance between the workers and any electrical hazards. In the event the scaffolding must be set close to an electrical source, the power should be disconnected or proper insulation should be used. These are relatively easy steps that can prevent major injury or death.

How We Can Assist With Your Scaffolding Accident Claim

If you are a worker who was injured because of a scaffolding accident, you may have legal options besides workers’ compensation. Our firm wants to explore those options with you. We will investigate how and why your scaffolding accident happened and then get to work holding the at-fault parties responsible. Reach out to Miller, Montiel, & Strano, P.C. today to learn more.

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According to the Federal Highway Administration, approximately one-half of all traffic injuries and one-quarter of traffic fatalities are attributed to intersections. If you or someone you love has been involved in an intersection automobile accident, you could be facing significant medical bills, lost time from work, and extensive recovery time. You shouldn’t have to bear these losses alone if someone else was responsible for causing your accident. That’s why you can count on the Queens intersection crash attorneys of Miller, Montiel, & Strano, P.C.

Why do intersection accidents happen?

Automobile accident victims bear the burden of demonstrating that the at-fault party is legally liable for his or her injuries. So if you’ve been in an intersection crash, you need to understand some of the most common reasons these wrecks occur. Among them are:

Running a red light or stop sign. Every motorist is responsible for obeying traffic laws, including coming to a full stop at red lights and stop signs. A “rolling stop” is not a stop, and can lead to a serious collision.

Speeding. Anyone who has driven long enough knows that while yellow traffic lights mean slow down, some drivers do the opposite and speed up to beat the red light. Speeding is not only illegal in and of itself, but can result in running a red light and causing a crash.

Failure to yield. This is especially problematic at four-way intersections. There are rules every driver is expected to know about who has to yield to whom. When two drivers enter the intersection at once because somebody failed to yield, there could be catastrophic results.

Distracted driving. Anything that takes a driver’s focus off of safely operating the motor vehicle can be considered distracted driving. Cell phone use, talking to passengers, and eating or drinking are common examples. A distracted driver could easily run a red light or stop sign and get into an accident.

Driving under the influence. Alcohol and drugs (both prescription and illegal) reduce a driver’s reaction time and can have lethal consequences for other motorists. Not only can a drunk or intoxicated driver be criminally charged, but the person can be held liable for causing injury or death to others.

Rear-end collisions. Some intersection accidents happen because a driver realizes too late that he or she is approaching a red light or stop sign. Rear-end collisions are potentially serious and can cause whiplash, herniated discs, and neck, spine, and back injuries.

How an attorney can help

Intersection accident victims could suffer a number of losses, including:

• Past, present, and future medical bills and prescription medication costs
• Lost income due to time spent recovering
• Lost income potential due to inability to return to a previous career
• Pain and suffering
• Emotional distress

Eligible survivors can also seek wrongful death damages if the victim dies from his or her injuries. But it’s important to have an attorney assist with your accident case. You may hear from insurance companies and lawyers representing the at-fault party. These communications should not be done without the assistance of counsel. Your lawyer will help negotiate a settlement, if possible, while you focus on recovery.

If the insurance companies and lawyers will not negotiate fairly, our legal team is prepared to take your case to court. We know the relevant personal injury laws and have a network of trusted expert witnesses who can bolster your claim for the maximum damages allowed under the law.

Miller, Montiel, & Strano, P.C. Is Ready To Serve You And Your Family

Don’t let another party’s negligent actions put your health, finances, and well-being at risk. Our experienced, dedicated attorneys have handled countless intersection accident lawsuits and we know what it takes to build a winning case. Call Miller, Montiel, & Strano, P.C. today to get started.

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Traumatic brain injuries, or TBIs, are serious. And while efforts have been made over the last few years to educate the public about them, not everyone (victims included) appreciates how significant these injuries are. A TBI could have physical consequences that last for years after an accident, perhaps even for the rest of the victim’s life. This, in turn, could mean steep medical bills, diminished career prospects, and a reduced quality of life. If you or a loved one has been in an accident, it is imperative that you know about the signs of TBIs. The personal injury attorneys of Miller, Montiel, & Strano, P.C. take a closer look.

More than just a head injury

A TBI is not merely a head injury, and it’s not even “just” a brain injury, either. It is a significant disruption in the normal functioning and activity of the brain following major physical trauma. The potential causes of TBIs are numerous, and include car accidents and slips and falls.

It may be days, weeks, or even months before the signs of a TBI become evident to family and friends of the accident victim. Or there could be relatively minor symptoms at first that worsen with time. These are a few of the most common signs of TBIs to look for:

• Severe or recurring headaches
• Loss of memory
• Fatigue
• Confusion
• Difficulty focusing, concentrating, or comprehending
• Speech difficulty or slurred speech
• Chronic pain
• Emotional outbursts
• Personality or behavior changes
• Anxiety
• Depression

To make sure a TBI is properly diagnosed and treated, the accident victim and his or her family should immediately see the doctor. Notify your physician of all signs and symptoms you are experiencing, including those above. While no two brain injuries are alike and it’s not possible to list all signs of a TBI, an experienced doctor should be able to identify whether the victim has one. Also, be sure to inform your physician of any changes in your condition.

What you should expect with a TBI

The accident victim’s symptoms may be physical, mental, and emotional. The emotional consequences – such as changes in mood, behavior, and personality – can be particularly difficult for friends and relatives to handle. Because of the TBI, the victim may end up becoming a completely different person than who he or she was before the accident.

Depression, irritability, and a negative outlook on life are common among survivors. Aggression and outbursts may become frequent, and the victim could evidence a decreased quality of life. Relationships with spouses, family members, and friends could be irreversibly changed.

In some of the worst cases, TBI victims are unable to perform basic daily tasks like they could before the accident. Focusing, concentrating, and learning new information could be difficult. It may not even be possible for the victim to handle his or her previous job duties. This could financially jeopardize the survivor and his or her family.

Hiring An Attorney Is Critical

If your TBI was caused by another party’s negligent actions, you and your family could be eligible to seek monetary compensation for your losses. These damages could include coverage of medical bills, payment of lost wages, and more. But you will have to contend with the at-fault party’s insurance company and lawyers, which is why you need to retain skilled legal counsel. Miller, Montiel, & Strano, P.C. is ready to go to work for you and your family today. Reach out to us today!

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New York is no stranger to heavy foot traffic. Despite efforts to keep pedestrians safe, however, they remain vulnerable to serious and even fatal accidents. Negligence is almost always to blame for pedestrian accidents, and victims have the right to seek monetary compensation for their injuries. If you or a loved one were hurt as a pedestrian, talk to the Queens personal injury attorneys of Miller, Montiel, & Strano, P.C.

Why it’s important to understand the causes of pedestrian accidents

When a pedestrian is injured because of someone else’s negligent acts or omissions, that individual is entitled to ask a court to award damages. “Damages” is a term meaning the sum of money that a personal injury victim wins as compensation for their injury, medical bills, lost wages, pain and suffering, and more.

However, the victim has the burden of showing that the at-fault party or parties were actually negligent. This means establishing all necessary elements of a New York personal injury lawsuit. And it also means explaining what exactly the liable party did that was irresponsible or reckless. Understanding why you were hurt will therefore help you build your legal case.

Why pedestrian injuries happen in New York

With that in mind, consider a few of the most frequent causes of pedestrian accidents:

Distracted drivers. Although drivers owe pedestrians a duty of care, which includes letting them safely cross the street, not all motorists are paying attention to driving. Distracted driving is a shockingly common occurrence and can be caused by cell phone use, eating or drinking while driving, talking to passengers, or anything else that takes the driver’s focus off the road.

Problems with crosswalks. Unmarked crosswalks, or those lacking appropriate signage or signals for crossing the street, can result in injury. Government entities that are responsible for crosswalk safety can be held liable for these accidents, but it’s important to retain an attorney who is familiar with the rules for doing so.

Speeding. No matter the context, speeding always increases the risk that somebody will be seriously hurt. Pedestrians are especially in danger of speeding vehicles, whether they are crossing the street, walking in school zones, or even walking and standing along the sidewalk. Speeding drivers can be held liable for any pedestrians they crash into.

Driving under the influence. Any sort of impaired driving is illegal and dangerous. While most people associate this with alcohol, it can also result from the use of drugs (whether prescription or not). Anyone who hits a pedestrian while driving under the influence can be criminally charged but also forced to pay civil damages to the victim.

Rolling “stops.” Drivers should fully stop at stop signs, stop lights, and pedestrian crossings. When they only engage in a rolling “stop,” whether due to impatience or for other reasons, they can accidentally strike a pedestrian and cause serious injury.

Construction work zones. Falling tools, irresponsible use of machinery and equipment, and other unsafe behavior can injure pedestrians who walk near construction zones. Even though construction is a major and ever present part of life in New York, contractors, property owners, and others must take reasonable steps to keep pedestrians safe.

Standing Up for Your Right to Claim Damages

Our law firm helps pedestrians assert their right to seek compensation for losses resulting from another person’s negligence. We also work with eligible surviving family members to demand wrongful death damages, which are similar, in the event the pedestrian dies from his or her injuries. Call Miller, Montiel, & Strano, P.C. today to get started on your claim.

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If you’ve been in any kind of automobile accident where negligence was a factor, you have the right to seek damages from the at-fault party. The same is true when the accident involves a rideshare company, like Lyft. However, this situation is more complicated than a standard car crash. It will be the victim’s duty to establish who is liable for the wreck, so having experienced legal representation is key. You can count on the Queens automobile accident attorneys of Miller, Montiel, & Strano, P.C.

Different types of accidents involving Lyft

A rideshare business can be involved in an accident in several different ways. Because all of the following scenarios involve Lyft in some way, proving liability could be a somewhat complex matter. Here are the types of Lyft accidents you could be in:

A Lyft driver struck me. You may have been a driver or passenger in another vehicle and been struck by a Lyft driver. Or you might have been riding a motorcycle or bicycle or crossing the street as a pedestrian when the Lyft driver hit you. Depending on the circumstances, you may be able to pursue a claim against Lyft or the driver (see below) or, more likely, against both. But other parties could be liable, including:

• The automobile manufacturer
• An automobile repair shop
• A government entity responsible for road maintenance
• A contractor if the accident happened in a construction zone
• A bar or restaurant if alcohol was a factor in the crash

I was a passenger in a Lyft vehicle. Another situation is one in which you were a passenger in a Lyft vehicle at the time of the crash. Generally, either the Lyft driver or another driver will be liable. However, the other parties listed above could also be at least partly to blame.

You are a Lyft driver who was injured. Finally, you may have been hurt while driving for Lyft. If so, you could have a claim against the at-fault driver’s insurance company, along with some of the other parties mentioned above. You might also be able to pursue compensation from Lyft’s insurance carrier.

How to establish liability for the accident

You should first seek compensation from either Lyft’s insurance policy or that of the at-fault driver, if the circumstances allow it. Insurance coverage is more complicated when Lyft is involved because the policy does not apply at all times. Generally, Lyft’s policy only pays when the driver is actually driving for Lyft, is on the way to pick up a customer, or has the Lyft app turned on while waiting for a rideshare request. Otherwise, the driver’s personal insurance policy usually applies.

An investigation will therefore need to be done to determine what the Lyft driver was doing at the time of the crash. Cell phone and Lyft app data will prove useful in this situation, as will eyewitness statements from Lyft passengers and others. Your attorney will investigate the accident and help resolve which insurance company should be forced to pay.

Finally, if other parties like the ones mentioned above were somehow at fault (e.g. the automobile manufacturer), their role will also need to be sorted out through an investigation. It’s even possible that several parties could share liability. But this could be beneficial to you if your damages are substantial, because more liable parties equates to more individuals or entities who could be ordered to pay for your damages.

Time To Retain Dedicated Legal Counsel

No matter the details of your Lyft accident, it’s imperative that you hire a law firm that is committed to winning you the maximum damages available under law. That firm is Miller, Montiel, & Strano, P.C. Connect with our team today to get started on your claim.

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Sexual abuse is an unfortunate reality in many New York nursing homes. And while these facilities are trusted by families to protect and care for their elderly loved ones, far too many of them allow this violation to take place. When nursing homes fail to take reasonable steps to keep their residents safe, victims’ families can take legal action. It starts with recognizing the most common signs of sexual abuse. The nursing home injury attorneys of Miller, Montiel, & Strano, P.C. are here to guide you.

The duties of nursing facilities

By law, nursing home residents in New York are entitled to “dignity, respect and a comfortable living environment,” among other rights. This means nursing home staff owe their residents a duty to keep them reasonably safe from all forms of abuse, including sexual. Sexual abuse can happen at the hands of nursing home staff members, which obligates the facilities to conduct background checks on their employees and establish other safeguards.

However, a patient can also be victimized by another resident in the facility or an outside visitor. Again, this means the facility must do what is reasonably necessary to protect the welfare of all residents. If there is evidence that the nursing home somehow neglected to keep their patients safe, and therefore permitted sexual abuse to occur, the victim and/or the victim’s family can take legal action to hold the facility liable.

Signs you need to know about

The National Center on Elder Abuse advises family members to keep an eye out for these and other signs:

• Bruising near the inner thighs, the genital area, or the breasts
• Torn, stained, or bloodied underclothing
• Unexplained venereal disease or genital infections
• Unexplained vaginal or anal bleeding, irritation, or pain
• Unusual difficulty walking or sitting
• Displays of extreme agitation or fear
• Unusual interactions between the victim and the alleged abuser
• Withdrawal from social situations
• Depression and anxiety attacks
• Post-traumatic stress disorder (PTSD) symptoms
• Suicide attempts

Nursing home residents tend to be isolated and are sometimes even forgotten by their loved ones. Sexual predators, which may include nursing home employees, often seek victims who they know are not going to have much communication with the outside world. Therefore, the single best way to minimize the likelihood of sexual abuse happening is to visit and communicate with your family member often.

What to do if you notice signs of abuse

If you suspect that your loved one is being sexually abused in a nursing home, you should retain legal counsel immediately. Nursing homes often cover up or destroy evidence of abuse or take steps to make it difficult for family members to learn the truth. Also, abuse that is allowed to continue will almost certainly get worse and could endanger the health or life of your loved one.

An experienced nursing home injury attorney can put a stop to the abuse and conduct an investigation to uncover what happened. This includes taking steps to obtain and preserve evidence of the facility’s negligence. Finally, your lawyer will seek compensation for the injuries your family member suffered. Medical bills and pain and suffering are just two examples of potential damages you or your loved one can ask a court to award. Criminal proceedings may be proper as well.

Seeking Justice for Nursing Home Sexual Abuse Victims

Miller, Montiel, & Strano, P.C. is committed to standing up for elderly victims and their families. Our attorneys work to hold nursing facilities liable for failing to keep their residents safe from abuse and neglect. If your loved one has been sexually abused in a nursing home, or you believe he or she has been abused, give us a call today.

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Truck accidents tend to be far more catastrophic than those involving passenger vehicles, due to such factors as their size and weight. If negligence was responsible for the accident, the victim has the right to recover damages. Recovering those damages is no simple task and should only be done with the assistance of legal counsel. Were you or a loved one hurt in a truck accident due to someone else’s irresponsible conduct? Give Miller, Montiel, & Strano, P.C. a call.

Factors that complicate truck accidents

Not only are injuries involving large trucks generally worse compared to those with smaller vehicles, but the procedure for seeking damages is more complex. To begin with, there may be multiple defendants involved, from the truck driver and his or her employer to the truck’s manufacturer and the company that loaded the cargo. There may also be more evidence to obtain and preserve, such as the truck’s black box recording device.

Federal trucking regulations may come into play and could provide additional evidence of negligence. As one example, rules limit how much time a truck driver can spend on the road. If the trucking company directed the driver to violate this rule, that’s a strong indication of negligence. There are also more nuances to the settlement negotiation process due to the possibility of multiple defendants and the potential for significant damages.

Compensation you could be able to claim

As to those damages, a victim may be eligible to demand a number of them from the liable parties. Every truck accident is different, so the type and amount of damages a victim can seek will be different from those of another wreck. These are a few examples:  

Non-economic damages. This technical term refers to a category of damages that includes losses that are generally the most significant in these types of cases. Damages for non-economic losses include compensation for your personal injury, pain and suffering, loss of your ability to enjoy life, psychological injuries, emotional distress and disability.

Medical bills. A serious enough accident could leave someone hospitalized for weeks or months. The victim may require surgery, physical therapy, rehabilitation, prescription medications, adaptive medical equipment, and more. Medical expenses could be incurred long into the future, but the victim can seek compensation for these as well.

Lost wages and lost earning capacity. While the victim is recovering from his or her injuries, seeing the doctor for follow-up medical appointments, and tending to other business related to the accident, time will be missed from work. If the victim’s injuries are especially severe, he or she may not be able to work at the same level or in the same career as before, costing the person future income, raises, and benefits.

Property damage. The responsible party can be required to pay to repair or replace the victim’s vehicle, along with personal property lost in the accident.

Wrongful death expenses. If the victim dies in the truck accident, eligible survivors can seek certain wrongful death damages such as the victim’s final medical bills and funeral expenses. Wrongful death claims are similar to personal injury lawsuits, and our law firm can help you pursue one.

Let Our Experienced Truck Accident Attorneys Advocate For You

Truck accident damages can be quite substantial, but you do not have an endless amount of time to request them. Deadlines apply to legal claims and it can be more difficult to obtain the supporting evidence you need if you wait too long. Reach out to Miller, Montiel, & Strano, P.C. today to get started on your case.

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