Not all accidents involve collisions with other vehicles. There are numerous wrecks caused by debris left carelessly in the street. A road debris accident can cause not only property damage to your vehicle but also serious injury. It can even prove fatal in some cases. Establishing who is at fault for these crashes is no simple task, which is why having an experienced Queens personal injury lawyer is essential. Miller, Montiel, & Strano, P.C. is here to serve your legal needs.

Common causes of road debris accidents

If you’ve been in a road debris accident and seek compensation for your injuries, it will be your job to prove that someone was negligent. It starts with understanding why the wreck happened in the first place. For instance:

Falling items. Drivers routinely transport items throughout New York, with some examples being moving trucks, tractor trailers, flat beds, and personal vehicles. But if the cargo is not properly tied down, items can fall off and cause chaos.

Trash. Sanitation workers who don’t make sure their garbage and recycling trucks are secure could accidentally spill trash onto the roadway. But trash that is not properly curbed could also end up in the street and lead to an accident.

Vehicle debris. Whether due to parts falling off vehicles or debris left in the road after a fender bender, this is a major source of automobile crashes. In some cases, the item that comes loose from the vehicle could be serious and deadly, such as a tire.

Snow and ice. Drivers should clear their cars and trucks of snow and ice before hitting the road, but the reality is that many don’t. Flying ice and snow can strike other vehicles or distract drivers and cause a wreck.

Construction materials. New York is no stranger to construction, with work simultaneously occurring on many streets. Construction companies and their crews should ensure that items from their work sites stay safely away from traffic.

Who can be held liable for a road debris accident?

Depending on what caused the accident, and how, there could be a few potential parties that might be held liable. Here are some examples:

• The driver, whether commercial or non-commercial
• The driver’s employer (e.g. a trucking company)
• Automobile manufacturers
• Parts manufacturers
• Repair shops
• Vehicle rental companies
• Construction crews
• Governmental entities

In some cases, multiple parties might share blame for the accident.

Retaining legal counsel is one of the most important steps you can take if you’ve been in a wreck. Your attorney will investigate the incident to determine who exactly was at fault for it. This involves interviewing witnesses, pulling surveillance footage (where possible), reviewing the accident report, and much more. Your attorney may also rely on expert witness testimony, for example from an accident reconstructionist, to help explain how the defendant was liable.

You should make sure that you see your doctor right away so your injuries can be treated. Follow all doctor recommendations and attend any follow-up appointments. Also, write down everything you can remember about the accident, being sure to err on the side of more rather than less detail. Any notes you take will prove useful when it comes time to seek monetary compensation.

Part of your attorney’s job will be to negotiate with the at-fault party’s insurance company to seek the maximum damages available. Here again, expert witness testimony will help in projecting future expenses and losses (such as medical treatments and lost earning capacity) for which you may demand compensation.

Here To Stand Up For Accident Victims’ Rights

Our experienced personal injury attorneys know what it takes to help victims of automobile accidents, whether caused by road debris or other acts of negligence. Don’t delay seeking the justice you and your family deserve. Connect with Miller, Montiel, & Strano, P.C. today.

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A slip and fall accident is one of the most common bases for a premises liability lawsuit against a small business. These claims seek compensation for various damages, such as broken bones and medical bills. It will be the victim’s responsibility to prove that the property owner was negligent in causing the conditions that led to the accident. That starts with understanding which types of slips and falls are most likely to occur on small business properties. The personal injury lawyers of Miller, Montiel, & Strano, P.C. will take a look.

The types of slip and fall accidents you should know about

Small businesses in New York have a duty to keep their properties reasonably safe for the customers who visit them. If they don’t, someone might slip or trip or fall on:

Wet or greasy surfaces. Restaurants, bars, and other similar establishments must be mindful of spilled liquids, dropped food, and other food- and drink-related mishaps. A patron could easily slip on a wet or greasy floor and get seriously hurt.

But other businesses have to be careful about wet surfaces too. If it’s rainy outside and a store has heavy foot traffic, the floors can quickly become wet and slick. It may be only a matter of time before someone gets hurt.

Rainy, snowy, and icy surfaces. When inclement weather hits, you can expect surfaces such as parking lots, sidewalks, and store entrances to become dangerous. Excessive rain water, snow, and ice should be removed as soon as possible from places where customers frequent. Businesses are responsible for the sidewalks outside their establishments as well as other areas on their properties.

Uneven flooring. Cracked and broken floors can cause a customer to trip, fall and get hurt. These conditions can occur in a number of places all around the business property. One of the most frequent causes of uneven flooring is a settling foundation, which means that this hazard may take years to develop. Either way, business owners are responsible for keeping their floors safe to walk on.

Dangerous stairways. If a business refuses to maintain its stairs, customers may find themselves seriously injured. Cracks in the stairs, uneven stairs, and lack of safety railing could be to blame. Patrons should be warned if a stair is particularly high off the ground or difficult to notice.

Poor lighting. This condition may account for any number of other slip and fall hazards on the business property. A victim should know, however, that poor lighting is a condition that can be easily remedied – and therefore covered up. You will want to document the poor lighting with a picture or video so the owner cannot hide it later.

Dangerous carpeting and floor mats. The carpet inside a business may be loose, torn, or bulging in certain spots. An unsuspecting patron may not notice this problem and could fall over an unsafe spot in the carpet. The same is true for floor mats, which can bunch up and trip someone walking into or out of the business.

Lack of caution sign. In some cases, an accident could be avoided if the business simply displayed a caution sign to keep customers away from the hazard. A wet floor sign, for instance, could prevent a slip and fall because of something spilled that hasn’t yet been wiped up.

Take Action Now to Secure Your Right to Compensation

Don’t let a slip, trip and fall accident wreak havoc in your life. If you or a loved one has been injured on a small business property, you may have the right to pursue a premises liability claim. You have a trusted legal advocate in Miller, Montiel, & Strano, P.C. Give us a call today.

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Bus accidents are potentially catastrophic and could result in major, even permanent injuries for victims. Not only will medical bills start piling up, but you will likely be unable to work during your recovery. That means lost wages and added financial stress on you and your family. Serious accidents deserve serious legal representation, and that’s where the dedicated personal injury lawyers of Miller, Montiel, & Strano, P.C. are ready to serve you. Here are the steps you should take after being in a bus accident.

Step 1: Get medical attention and follow your doctor’s recommendations

After being in an accident, you may not understand how severe your injuries are. You might even believe that you weren’t injured at all. But some injuries take hours or even days to fully set in. If you don’t seek immediate medical assistance, you could be jeopardizing your health.

You might also be jeopardizing your legal case. Lawyers who represent defendants in personal injury lawsuits look for excuses to blame victims for their injuries. By not seeing a doctor, an attorney might argue that it was your actions (not the defendant’s) that aggravated your injuries. You don’t want to be in the position of having to explain why you delayed seeing a doctor, so visit the emergency room or your primary care physician right away.

Also, for the same reason, follow your doctor’s recommendations concerning your recovery. Take any medicines suggested by your doctor and be sure to attend any follow-up medical appointments. By following your doctor’s orders and advice, it will be much easier to seek compensation from the at-fault party.

Step 2: Retain legal counsel early

The sooner you speak with an experienced Queens personal injury attorney, the better. Your medical and other bills will begin to accrue while you are recovering and unable to work (or at least work at your full capacity). Taking early legal action will help you seek monetary compensation to offset these damages. Your lawyer will also handle communications with any insurance companies or attorneys that contact you, which can be a legal minefield without the assistance of counsel.

You should especially retain a lawyer if a government entity, such as the Metropolitan Transportation Authority (MTA) or New York City Transit Authority (NYCTA), is the owner or operator of the bus. Suing public entities like the MTA and NYCTA introduces considerable complexities into your case, because there are special rules involved with suing a public agency. For instance, you must serve a Notice of Claim upon the MTA and NYCTA within a very short time after your accident. Let an attorney handle this important step.

Your lawyer will also provide additional guidance on steps you should take.

Step 3: Start organizing evidence

Working with your attorney, you should begin documenting everything you can about the accident. You will need to present a case that the bus driver, the bus company, or some other individual and/or entity was negligent in causing the wreck. That means you need compelling evidence to substantiate your demand for compensation.

Start by writing down everything you can remember about the events leading up to and right after the accident. Memories fade with time and you might forget a crucial piece of information if you don’t write it down as soon as you can. The more details you can recall, the better.

If you can identify any witnesses to the accident, get their names and contact information. Plus, begin collecting your medical bills and evidence of other expenses related to your injuries. Start documenting the work you are missing because of the accident. Take notes on your physical condition and limitations as you recover.

Our Team is Ready to Help You

Being proactive about your accident is the best way to improve your chances of recovering the maximum compensation for your injuries. After you’ve obtained the medical attention you need, let the dedicated attorneys of Miller, Montiel, & Strano, P.C. go to work for you. Call us today.

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If your child is looked after at daycare, school, or in another childcare facility, you trust the individuals and institutions involved to look closely after them. This is especially true if your child is young or has special needs. But caring for children requires diligently paying attention to them. Turning away or being distracted, even for a moment, can allow the child to get seriously injured. Parents whose children have been left unattended and injured can take legal action to seek monetary compensation. The attorneys of Miller, Montiel, & Strano, P.C. explain.

Common injuries involving an unattended child

Businesses, homes, and schools are filled with potential dangers for children. Caregivers are expected to act with reasonable prudence in ensuring children do not come in contact with a number of harms. These are a few of the most common ways unattended children get injured:

Poisoning. Data from the U.S. Department of Agriculture indicates that this is a leading cause of injury among toddlers. Common household items like cleansers and medications can, in a child’s hands, be harmful or even lethal.

Choking. It is surprisingly easy for a child to choke on what seems to be only a morsel of food. A child may also choke on a toy or other small item if left unattended. Care should be taken to prevent a child from accessing items that may be choking hazards.

Drowning. Any facility with a swimming pool, including a home if the child is being watched by a babysitter, must take special precaution. Drowning in a pool or other body of water is entirely preventable if simple steps are taken to limit access to the area.

Playgrounds. The risk of a playground injury is substantial because there are so many children and, usually, much fewer supervising adults. A playground injury could result in severe and possibly permanent injuries if the child hurts his head, neck, or spine.

Staircases. Safety guards can be placed at staircases to prevent children from climbing up or down and being seriously injured. A staircase injury may cause paralysis or other permanent disability, so caregivers must be sure to look after wandering children.

Dog bites. Supervising adults should keep an eye on interactions between children and animals. Not everyone appreciates the potential danger posed by dogs, even those that appear to be friendly. A dog bite injury can require reconstructive surgery and other serious medical treatment.

How an attorney can help

If your child has been injured due to negligent supervision, you have the right to seek monetary compensation. You may incur significant medical bills to care for your child. Some injuries are permanent and require a lifetime of medical attention, which may include physical therapy, rehabilitative care, adaptive medical equipment, and more.

These are not costs that you should have to bear. An attorney can file a legal claim to recuperate damages stemming from your child’s injury. We will investigate the circumstances surrounding the accident and then work demonstrating that negligent supervision was responsible. You may be able to seek damages from the school, daycare facility, caregiver agency, and other entities (along with various at-fault individuals) who left your child unattended.

Our dedicated and compassionate legal team is ready to stand up for your child’s rights. Give Miller, Montiel, & Strano, P.C. a call to discuss your options today.

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Nursing home neglect is a persistent problem throughout the country. In the year 2020 alone, there were over 15,000 complaints of nursing home abuse or neglect filed, with 14% (2,100) of those reports concerning gross neglect. One common sign of nursing home neglect is the presence of bedsores on the patient. Recognizing this and other evidence that your loved one is not being taken care of is essential to demanding justice and compensation.

Miller, Montiel, & Strano, P.C. advocates on behalf of nursing home patients who have been injured by neglect, abuse, and irresponsible conduct. We’re ready to review your case today.

What are bedsores and why do they occur?

Also called pressure sores, bedsores are injuries that develop in immobile (usually bedridden) nursing home patients. These painful sores occur when pressure from the patient’s weight restricts blood supply to the skin and tissue. The tissue can die and open up, leaving a wound that can easily become infected if it is not properly and promptly treated.

Among the most basic responsibilities of nursing home staff members is to monitor their patients. That includes taking steps to shift and move patients so they are not lying or sitting constantly in the same place and develop bedsores as a result. Basically, these sores should not occur if the patient is being treated well. If not, the patient and his or her family may have cause for legal action.

Why bedsores are so serious

In addition to being painful, bedsores can lead to the potentially life-threatening complication of sepsis. These injuries may take months to heal and can aggravate other underlying health problems. They can be found on different parts of the body, including:

• Hips
• Lower back
• Tailbone
• Back or side of the head
• Shoulder blades
• Ankles
• Heels

How bedsores point to negligence

Numerous factors make bedsores more likely to occur, including:

• Inattentive staff
• Understaffing
• Unsanitary conditions
• Malnutrition
• Dehydration
• Inexperience with how to treat patients and bedsores
• Wet or tender skin
• Constant friction against sheets and linens

These conditions should not be present if the nursing home is responsibly taking action to prevent abuse or neglect.

Symptoms to look for

As a family member, it will likely be your job to be the advocate your loved one needs. Nursing home patients are often isolated, lack sufficient mental capacity to understand they are being neglected, or too intimidated to speak up. By recognizing these and other symptoms, you can take a step in helping your loved one get the help they need:

• Sore or tender areas of the skin
• Unusual changes in skin color
• Changes in skin texture
• Swelling
• Pus-like draining
• An area of skin that feels warmer or cooler to the touch relative to other areas

Bedsores are generally categorized in stages, with each successive stage indicating more severity. Stage 4 bedsores are the most serious and can cause extensive damage to deep tissues, tendons, and joints.

Contact Our Nursing Home Injury Team

Bedsores are a strong indication of nursing home neglect. Everyone who resides in a nursing home should be treated with the highest level of professional care and dignity. When this doesn’t happen, and a patient develops bedsores and other injuries, there will likely be extensive medical bills, pain and suffering and emotional distress, and sometimes even death. Your family member deserves better than this.

Contact Miller, Montiel, & Strano, P.C. today to learn how our dedicated nursing home abuse and neglect lawyer can stand up for your loved one. Call us today.

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One of the most important steps that a construction accident victim must take to seek compensation is to demonstrate how the incident occurred. The burden, therefore, is on the plaintiff to explain to a jury the nature of the accident and the conditions that caused it to happen. Working with experienced personal injury counsel, you can present a compelling case that demands the justice you deserve after your construction accident. Turn to the team at Miller, Montiel, & Strano, P.C.

The most common causes of construction accidents

Construction job sites are necessarily dangerous places. A number of hazards are present and safety regulations are not always enforced. After a construction accident, it will be the plaintiff-victim’s obligation to lay out a case that explains in detail how it happened. These are some of the most common ways they do:

Slips, trips, and falls. There are all kinds of conditions at construction job sites that can cause a slip, trip, or fall. These are just some:

• Openings left uncovered or unprotected in floors
• Holes and pits that are not properly cordoned off
• Unsafe ladders and ladders improperly placed
• Slick surfaces
• Improper set up and lack of guardrails on scaffolding
• Uneven footing caused by poor flooring, temporary ramps or steps
• Staircase collapse
• Tools left carelessly on the ground
• Failure to provide safe set up to get on to or off of equipment

Struck by accidents. Flying, falling, swinging, and rolling objects can forcefully strike a worker, causing injury. Commonly, materials that fall from heights are in this category.

Caught in/between accidents. Being stuck or pinned between two objects is common on construction sites. This category includes getting a limb caught and injured in a piece of equipment.

Machinery or equipment accidents. Construction workers should be trained how to safely use machinery and equipment to reduce the chances of a major accident. However, the machine or equipment itself could be defective and thereby result in injuries

Electrocutions. Power lines, wiring, and power sources are common features of construction sites. If safety rules are disregarded, a worker could be electrocuted. Electrocution injuries can include burns, cardiac arrest, and nerve damage.

Collapses. Moving large amounts of soil can cause instability which may lead to a ground collapse. Other examples of collapses include tunnel, trench, building, and scaffolding collapses.

The role of negligence

All of the above ways that construction workers can be injured are preventable . The reason these accidents occur is usually rooted in negligence – that is, some irresponsible act or omission on the part of the property owner, general contractor, or another liable party. These are some examples of negligence:

• Failure to observe and enforce OSHA regulations and workplace safety rules
• Cost cutting shortcuts
• Lazy, inadequate site supervision or maintenance 
• Inattention from trying to complete a job too fast
• Failure to care about or consider construction worker safety
• Failure to properly train and supervise workers
• Failure to provide adequate safety gear, e.g. eye protection
• The presence of excessively hazardous conditions, e.g. having too many construction vehicles on the site at once
• Defective or malfunctioning equipment, machines, tools, vehicles, and scaffolding
• Unsafe property conditions, including the presence of toxic substances

Were You Injured In A Construction Accident? We Can Advise You Of Your Legal Rights

If you or a loved one were injured on a construction site, don’t delay taking legal action. Medical bills, lost wages, and pain and suffering are some of the most common damages stemming from construction accidents. Miller, Montiel, & Strano, P.C. can review your case, explain your legal rights, and get to work building a case to seek monetary compensation. Reach out to us today.

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Any type of car accident is upsetting. You may be faced with serious and painful injuries that require extensive medical treatment. You could be unable to work and pay bills while you recover. Perhaps most stressful of all is worrying whether the at-fault party will pay for your injuries. At Miller, Montiel, & Strano, P.C., we take steps to reduce the stress you’re experiencing by advocating for you and your best interests after an accident.

Uber accidents in particular present a unique set of circumstances, but we understand how to demand compensation in these types of wrecks. Here are some steps you need to take if you’ve been involved in an accident with an Uber driver.

Get medical attention and report the accident

Your health should be your top priority after being in an Uber accident. See a doctor right away, even if you don’t think you’ve been seriously injured. Not doing so could jeopardize your health and complicate your legal claim.

You should report the accident as well: first to the police, then to Uber, and then to your insurance company. Call 911 and ask the police to come and generate a police report. This document will contain basic information about the wreck that will later prove useful when you seek monetary compensation for your injuries.

Also report the accident to Uber. If possible, have a copy of the police report when you contact Uber. The rideshare covers its drivers with a liability insurance policy which you may be able to use. However, you should speak with an attorney before contacting Uber.

Finally, if you were in an automobile when the Uber accident occurred, your policy may require you to notify your insurance company. Again, consider talking to a lawyer before talking to your insurance company.

Learn how to use Uber’s insurance coverage

You will need to understand Uber’s insurance coverage so you can take full advantage of the policy. An attorney can assist with this step. Here are the relevant details:

• If the responsible driver worked for Uber and was on the way to pick up a passenger or was transporting a passenger at the time of the accident, Uber’s insurance coverage, in addition to the driver’s insurance coverage, is available to pay for your injuries, pain and suffering. Plus, their no-fault insurance, to pay your lost wages, medical bills and other expenses, will be immediately available.

• If the at-fault Uber driver was on the way to pick up, or had already picked up, a passenger at the time of the accident, depending on the County in which the accident occurred, Uber’s insurance may provide up to $1,000,000.00 of available coverage

• If the Uber app was off (meaning the driver was not working for Uber at the time of the accident), then the driver’s personal insurance policy would apply

If multiple parties were involved, including the Uber driver, multiple insurance policies could be implicated. Accidents like these can be rather complex because the insurers may dispute which one should have to pay, but your lawyer will assist.

Why you need experienced legal counsel

Your attorney will also work with you to document how the accident happened. That includes obtaining copies of your medical records and prepare expert testimony for presentation in court. You can take steps on your own to gather much of the evidence that will be used in your claim, such as taking photos of the accident scene and getting witnesses names, addresses and phone numbers.. Your lawyer will then be able to conduct a thorough investigation and use the photos in court..

A skilled attorney will also be familiar with civil procedure and court rules that govern Uber accident lawsuits. If a settlement can be reached with Uber’s insurance company (and other insurers if needed), that will save you time in court. However, our firm will be prepared to take your case in front of a jury if necessary.

Miller, Montiel, & Strano, P.C. is Here for Your Personal Injury Needs

Retaining legal counsel is arguably the most important step you need to take if you’ve been in an Uber accident. Don’t let Uber, its insurers, and its lawyers deny the fair compensation you deserve. Call us today to get started on your claim.

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The loss of a loved one is one of the most tragic experiences anyone has to endure. Survivors are left not only to grieve for the deceased but to shoulder the financial burden brought about by the individual’s death. Eligible family members have the right to bring a wrongful death lawsuit if negligence was the cause of death.

However, this is not something that should be done without the assistance of experienced counsel. The Queens wrongful death attorneys of Miller, Montiel, & Strano, P.C. can represent you and your family with the professionalism and compassion you deserve.

Understanding the law and various rules

Perhaps the most obvious reason you need a wrongful death attorney is to have someone who understands the law. Wrongful death lawsuits are similar to personal injury claims, the difference of course being that the victim died as a result of his or her injuries. In a wrongful death lawsuit, the personal representative of the deceased victim files a lawsuit against the party that was responsible for the victim’s death.

Your lawyer will work to prove the following required elements:

• The victim died due to the negligent conduct of another party
• Had the victim survived, he or she could have had the right to start a personal injury lawsuit because of the injuries suffered due to the above-mentioned negligence
• Eligible survivors of the deceased victim have suffered damages because of the death

Other than the applicable statute, there are a number of other rules that go along with a wrongful death lawsuit. A knowledgeable attorney will understand:

• The kinds of damages that are, and are not, available in a wrongful death lawsuit (which are similar but not identical to those in personal injury claims)
• The rules of evidence that concern what types of items are relevant in a lawsuit, how to have those items admitted in court, and more
• The rules of civil procedure that govern the steps needed to file and litigate a claim
• Certain local court administrative rules that must be followed

Failure to abide by these and other rules could jeopardize your wrongful death lawsuit, and perhaps even result in it being dismissed. You want to make sure an attorney who has handled such matters is representing you.

Building a case and expert witnesses

A skilled wrongful death attorney understands the evidence it takes to build a case. Your lawyer will investigate the circumstances surrounding the wrongful death and will use the discovery process to acquire the proof needed to support your claim. Discovery describes the use of various tools to request information and evidence from other parties involved in the case, and as the plaintiff, you will likely receive requests as well.

Expert witnesses are often necessary to develop a wrongful death lawsuit. These are individuals with specialized knowledge about complex subjects who can explain key information and evidence to a jury. One example is an accident reconstructionist, an expert witness who can describe how a deadly automobile accident happened and thereby establish the at-fault party’s negligent conduct.

Negotiating with the insurance company

There’s a good chance that the liable party’s insurance company will try to settle the wrongful death lawsuit outside of court. One thing to keep in mind is that if the case settles, you won’t get to ask for more damages later. So your attorney will understand a fair settlement amount to negotiate and will explain the benefit of a potential settlement versus the risk of going to trial.

Count On Our Dedicated Wrongful Death Litigation Team

Wrongful death lawsuits demand a legal team that will stand up for the rights of the victim’s family and help them win the maximum compensation available under the law. Our firm is ready to go to work for you. If you’ve lost someone because of another party’s negligence, contact our firm to learn more about your legal options. Call Miller, Montiel, & Strano, P.C. today.

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Traumatic brain injuries, or TBIs, are more than just injuries to the head. TBI victims experience significant psychological, emotional, and physical challenges for the rest of their lives. Someone who has suffered a TBI will have major limitations, steep medical costs, and a decreased quality of life. If the TBI was caused by another party’s negligence, the victim and/or victim’s family has the right to seek monetary compensation.

Do you suspect that a loved one may have suffered a TBI? Consider some of the most common accidents that cause these injuries, as explained by the personal injury lawyers of Miller, Montiel, & Strano, P.C.

What is a TBI?

A traumatic brain injury is caused by a sudden physical impact to a person’s brain. The damage may be limited to one area of the brain or affect several of them. The cause of the TBI sometimes penetrates the brain, but it doesn’t have to. That means it could be the result of external injury that may not seem, at first, to be significant.

A TBI is no ordinary head injury. Although one victim’s symptoms will vary in nature and degree from another’s, these are some of the main ones:

• Severe or recurring headaches
• Memory loss
• Confusion
• Difficulty comprehending, concentrating, and communicating
• Speech difficulties
• Emotional outbursts
• Anxiety
• Depression
• Personality changes

Any sort of head injury, no matter how slight it may seem, should be immediately examined by a doctor. The right treatment can lead to early detection and effective treatment of the TBI. Conversely, failure to treat a TBI could aggravate symptoms and lead to further complications. Delays in treatment can also make it much more difficult to hold liable the negligent party that caused the victim’s injury.

The most common accidents that cause TBIs

If you or a loved one has been injured and you notice any of the above symptoms, talk to a medical professional right away. These are some examples of accidents that frequently lead to TBIs:

Automobile accidents. Despite safety features like airbags and steel frames, an automobile accident victim can still suffer a head injury. The risk is even more pronounced when one of the vehicles involved is a large truck; in multi-vehicle accidents; and in accidents in which the victim is a motorcyclist, bicyclist, or pedestrian.

Slips and falls. A slip and fall can change a person’s life in an instant. The victim may hit his or her head on the ground or another stationary object, or could slip and fall from a considerable height. A premises liability lawsuit can be filed to seek damages.

Sports injuries. Whether recreational or professional, playing sports (especially high-contact sports like football) runs a risk of major head injuries like TBIs. Leagues and recreational organizations that host sports events can be held liable if certain safety measures are not observed.

Construction accidents. New York has strict laws in place that specifically protect construction workers from a number of injuries, including those to the head. For instance, there are laws designed to ensure scaffolding is properly assembled to prevent slip and fall accidents.

Violent crime. Stabbings, shootings, and blunt force trauma to the head are the unfortunate results of criminal activities that claim countless victims every year in New York. A victim may be able to pursue a negligent security action against the owner of the property where the crime occurred.

Review Your Legal Options with Our Personal Injury Team

Significant medical bills are only the beginning of what TBI victims face. Many will lose time from work during their recoveries, and may not even be able to return to their previous jobs. Pain and suffering and loss of enjoyment of life are also typical consequences. To learn more about how Miller, Montiel, & Strano, P.C. fights for the rights of personal injury victims, call us today.

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When two vehicles get into a collision, establishing liability is relatively straightforward. The issue is far more complicated when multiple automobiles are involved. Not only do more vehicles equate to more drivers, but potentially more causes of the overall accident. Sorting through these wrecks, and determining who is to blame and why, takes experienced legal advocacy. That’s why Queens car accident victims can count on Miller, Montiel, & Strano, P.C.

Why do multi-car accidents happen?

Victims of any type of personal injury, including automobile accidents, have the responsibility of demonstrating fault. Multi-vehicle accidents often start out with a primary collision, followed by additional wrecks. These subsequent wrecks may be due to the cause of the first accident, or because drivers were trying to avoid the crash but failed.

These are some common causes of multi-car accidents:

• Speeding and other traffic violations
• Aggressive driving, such as tailgating
• Inclement weather (e.g. rain, fog, and snow)
• Driver fatigue
• Driving under the influence of drugs or alcohol
• Road hazards and unsafe roadways
• Vehicle defects

The following parties may be held liable for the accident, depending on the circumstances:

• Numerous drivers
• Owners of the vehicles
• Employers, if the automobile involved was a company vehicle
• Vehicle manufacturers and components (e.g. brakes) suppliers
• Mechanics and repair shops
• Construction crews (e.g. where the accident is due to unsafe construction zones)
• Governmental entities responsible for building and maintaining roads

What is comparative fault?

Comparative fault seeks to establish the relative liability of all parties involved in a car accident, which then results in a percentage of blame assigned to each at-fault party. This percentage must add up to 100% and will affect the amount of damages the plaintiff can receive.

For example, say the plaintiff was determined to be 30% responsible for the accident, and the damages were calculated to be $100,000. That amount would then be reduced by 30%, or $30,000, netting $70,000 in damages to the victim.

New York is one of a handful of states that operate on a pure comparative negligence model. That means a plaintiff can recover even if he or she was 99% responsible for the accident. However, the damages would then be reduced by 99%.

How do courts determine the cause(s) of multi-car accidents?

All of the above causes, and more, could be responsible for a multi-vehicle crash. Making the situation even more complex, there might be several causes that can be attributed to several parties. For instance, one driver may have been speeding, while another experienced brake problems due to manufacturing defects.

One way to establish fault in a multi-car crash is to retain the services of an accident reconstructionist. This is an expert witness, someone with technical or scientific knowledge about a complicated subject who can explain it to a jury. An accident reconstructionist can parse through the evidence and present a reasonable explanation of how the accident occurred.

This, in turn, helps juries assign liability percentages to the at-fault parties.

How We Serve Victims of Multi-Car Accidents

Our firm has a network of reliable expert witnesses, not just with respect to accident reconstruction but for other matters such as calculating future damages. We understand the laws that apply to multi-car accidents and we know how to negotiate with insurance companies to demand the compensation that victims deserve. We are also prepared to defend victims when at-fault parties attempt to shift blame for the accident to them.

If you or a loved one have been injured, put the legal experience of Miller, Montiel, & Strano, P.C. to work for you. Call today.

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