The size, weight, and speed of commercial trucks make these vehicles deadly if they are involved in an accident. This is one reason that a unique set of regulations apply to truck driving. These rules, put forth by the Federal Motor Carrier Safety Administration (FMCSA), regulate both truck drivers and their employers. One rule requires the use of a log book to document a driver’s activity.

After an accident, log books are often examined to uncover evidence of negligence. It’s no wonder, then, that truck drivers and their employers sometimes falsify these records to hide such evidence. If you’ve been involved in a truck accident, you will need dedicated legal counsel. Count on Miller, Montiel & Strano, P.C.

Why log books are required

Truck drivers are on the road for a significant amount of time, covering many miles as they transport goods. Because of the size and weight of their vehicles, combined with other factors like speed, an accident involving a truck could have deadly consequences compared to an accident involving a passenger vehicle.

The FMCSA recognizes this increased risk, and also understands that a truck driver could be susceptible to numerous types of irresponsible behavior while behind the wheel. One prime example of such conduct is driver exhaustion due to failure to take required breaks from long hours on the road.

The log book exists to discourage and hopefully prevent such behavior. It is used to document the driver’s activities, such as the amount of time driving versus how much time is spent resting in a sleeper berth. This information must be recorded in the log book because the FMCSA limits the number of hours a driver can be on the road before needing to take a break. The log book therefore aids in compliance purposes.

Why log book fraud happens

Violations uncovered in the log book are serious. They could result in fines to the driver or trucking company, revocation of a truck driver’s license, and other penalties. Unfortunately, this creates a temptation to falsify the log book.

It’s not uncommon for trucking companies to pressure their drivers to manipulate log book information under threat of losing their jobs. Often, this is done to permit the driver to violate FMCSA regulations by driving longer hours. More driving translates to higher profits and higher pay for drivers (since they are often paid by the mile). But doing so puts the public at risk of a truck driving accident.

A driver or company may create “clean” logs to cover up FMCSA violations and thereby hide evidence of negligent conduct. What this amounts to is destroying evidence. But how does an attorney uncover proof of this?

Demonstrating log book fraud

One of the first things a truck accident attorney will do is review the driver’s log book. To be sure, it is difficult to prove these records have been falsified. But it is not impossible. Your attorney can use the discovery process to uncover other evidence that will either contradict or corroborate what’s in the log book. For example, receipts of purchases made at truck stops and cell phone data can place a driver at a specific location at a specific time. Your attorney will work to find this and other relevant evidence of negligence.

Fighting For the Rights of Truck Accident Victims

If it turns out the log book data was fabricated, this fact will go a long way in demonstrating negligence. Having the right law firm behind you will make all the difference in how your accident case turns out. If you or a loved one have been injured, contact the personal injury team at Miller, Montiel & Strano, P.C.

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Not all automobile accidents are caused by driver negligence, and in many cases, the accident may not even be due to a driver at all. Defects with the vehicle could be to blame. Uncovering how and why the defect was present in your automobile can take time and involve an extensive investigation. With Miller, Montiel & Strano, P.C., you have a dedicated law firm working for you each step of the way. Here’s what you need to know about accidents caused by vehicle defects.

Different types of defects

Recognizing that an accident was due to a vehicle defect, rather than driver error, is challenging. The first question someone has after being in an accident is what, if anything, the other driver did to contribute to it. Most defects are not obvious, although some – such as blowouts caused by defective tires – are.

Defects usually result from either a design flaw or a manufacturing error. A design flaw makes the vehicle inherently dangerous, no matter how it is built. On the other hand, a vehicle component, part, or system may be safely designed but built or assembled incorrectly. Pinpointing which type of defect is involved is important for assigning liability.

These are a few examples of vehicle defects that can cause accidents:

• High centers of gravity that cause rollovers
• Gas tanks that can easily catch fire in an accident
• Faulty brakes that lock or fail to slow the vehicle
• Airbags that fail to deploy, deploy when they shouldn’t, or deploy with excessive force
• Sticking or breaking accelerators that cause uncontrollable speeding
• Electrical system issues that cause loss of power or lighting in the vehicle
• Tires that blow out, shred, or otherwise fail under normal usage
• Steering wheel components that are defective and cause loss of control

How a vehicle defect can cause injuries

A vehicle defect may be either the primary cause of an accident or a secondary cause of additional injuries to the accident victim. A primary cause means that, but for the defect, the accident likely would not have happened. For instance, faulty brakes could easily cause an accident if they lock up or fail to decelerate the automobile.

A secondary cause essentially aggravates an accident. Let’s say an automobile crashes due to driver error. The driver can be held liable for that. But after the accident, the gas tank explodes or catches fire (a real life example of a vehicle defect), causing severe burns to the accident victim. The manufacturer of the vehicle or gas tank can be held liable.

Pursuing compensation for an accident involving vehicle defects

As indicated above, accidents don’t always have a single cause. There may be multiple causes attributable to different parties. Part of what your automobile accident attorney will do is conduct an investigation of the crash to determine why it happened. Input from expert witnesses, such as accident reconstructionists, will likely be necessary.

If it is determined that a vehicle defect was at least partially responsible for the victim’s injuries, multiple parties could be held liable. They include:

• The automobile manufacturer
• The factory that built or assembled the automobile
• A parts or components supplier
• The car dealer from which the vehicle was purchased
• A repair shop that used faulty materials

All of these parties, and others, are responsible for the products they produce and sell and the work they do. Manufacturers of vehicles, parts, and components, as well as car dealers, are legally obligated to ensure their products are reasonably safe and to warn consumers about known or likely safety hazards. Mechanics and repair shops are required to safely perform their services on vehicles.

Injured In An Automobile Accident? Count On Miller, Montiel & Strano, P.C.

Our objective is to hold all responsible parties liable after an automobile accident. If a vehicle defect was responsible for your injuries, give our team a call today.

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Insuring your automobile in New York is the law. Despite this, approximately 5% of New York drivers do not have insurance. This is a fairly significant number of drivers considering the sheer volume of vehicles on the road. Consequently, there is a chance that you could be involved in an automobile accident with an uninsured driver. Miller, Montiel & Strano, P.C. offers a few tips for what you should do.

Get medical help and begin investigating the accident

Victims of any automobile accident, regardless of insurance issues, should seek medical attention. Doing so could be vital to your health and to your insurance or personal injury claim. Failure to seek medical attention only gives the at-fault driver and your insurer an excuse to deny coverage. So report the accident to law enforcement and see a doctor as soon as you can.

You should call law enforcement to come to the scene so the responding officer can generate a police report. This is the first step to recovering compensation for your injuries. Give the responding officer as many details as you can and obtain a copy of the police report. Also, begin gathering your own evidence by doing the following:

• Recording video and taking pictures of the accident scene and your vehicle
• Speaking with and obtaining the contact information of witnesses
• Making your own notes about the accident
• Collecting your medical records

You will need to file through your own insurance first, regardless

Whether the other driver is insured or not – but especially if he or she isn’t – you will have to file a claim through your own automobile insurance policy. New York has what is called a “no-fault” insurance rule, which means you have to seek coverage for your medical bills, lost wages and other expenses, through your own policy first regardless of who is at fault.

These are the basic steps you will take, with additional ones depending on your coverage:

• Notify your insurance company you were in an accident
• File a claim under your policy according to its terms and requirements
• Produce any evidence relating to your claim such as medical bills and vehicle repair estimates

Your insurance company should pay for your covered losses. Where the other driver is uninsured, you will also make a claim pursuant to the “uninsured motorist endorsement” of your policy..This claim will provide compensation for your pain and suffering, up to the policy limits. However, convincing your insurance company to do so may be an uphill battle. On top of that, once you’ve exhausted all of your coverage, you will need to take further steps to recover additional compensation. An experienced Queens automobile accident attorney can help.

Consider a personal injury claim – and not only against the other driver

If the other driver has no insurance, you can sue that individual personally for whatever your own policy didn’t cover. There’s a strong possibility the driver will not have enough money to pay for a court judgment. But that’s not necessarily the end of the story.

First, prior to making a claim with your insurance company for uninsured motorist benefits, an experienced attorney is going to work to uncover all assets the uninsured at-fault driver has which could be used to satisfy a personal injury judgment.  Second, there may have been other parties at fault for your accident which could be ordered to pay for your injuries, such as:

• The manufacturer of your or the at-fault driver’s automobile
• A commercial business if the driver was working at the time of the accident
• A rideshare company (e.g. Uber) if the driver was on the clock
• A governmental agency if the roads were poorly maintained
• Construction crews, including general contractors, if construction-related hazards were responsible
• A bar or restaurant in the event the at-fault driver was intoxicated

Speak With Our Experienced Team Today

A skilled accident attorney will fight to hold all responsible parties accountable to maximize compensation. If you were injured in an automobile accident and the other driver was not insured, it’s time to take action. Give Miller, Montiel & Strano, P.C. a call now.

Posted in Motor Vehicle Accidents | Comments Off on What To Do If The At-fault Driver Is Uninsured

You’re sitting at a stop light or intersection when another vehicle slams into you. As frightening and shocking as that experience is, the driver then speeds away, literally adding insult to injury. Hit-and-run accidents are crimes in New York and leave victims bewildered and confused about what they can do to recover compensation for their injuries. These are the steps you should take after being in a hit-and-run accident.

Get immediate medical attention

Before worrying about anything else, make sure that you and the passengers in your vehicle get medical attention right away. Call 911 and ask for an ambulance, or at least visit an emergency room as soon as you are able. The earlier you take this step, the better. For one, seeing a doctor can help prevent relatively minor injuries from becoming more serious. Also, you may not even realize you were injured or you may incorrectly believe your injuries were minor.

Seeing a doctor soon after your accident is also essential to preserving your personal injury claim. The more time that passes between the accident and when you obtain medical attention, the easier it will be for either the defendant’s attorney (if the driver is found) or your insurance company (if you file a claim through your uninsured motorist or UM policy) to argue that something else caused your injuries or that you made them unnecessarily worse by delaying treatment. Don’t let this happen to you.

Make a police report

When you call 911 to report the accident, the police will come to the scene to take a report. Give as much detail as you can remember about the driver and the vehicle he or she was driving. The police report will contain valuable information about the accident such as date, time, location, and much more. When seeking compensation from the at-fault driver or your UM policy, this report will prove invaluable.

It should be noted that it’s never a good idea to try to find the hit-and-run driver yourself. The driver may have fled the accident scene because he or she was wanted by law enforcement, meaning the driver could be armed and dangerous. Give as much information as you can to the police, let them do their jobs, and follow up with them regularly.

Gather your own evidence

An attorney will help you build a case against either the at-fault driver or against your insurance company if it attempts to deny you coverage for the hit-and-run accident. But you can start collecting this evidence immediately after the crash. You can do so by:

• Taking pictures and recording a video of the accident scene, including the condition of your vehicle
• Speaking to any witnesses who observed the accident and getting their contact information
• Obtaining copies of your medical records and the police report
• Keeping copies of any correspondence with your insurance company
• Making notes of everything you can remember about the at-fault driver and the vehicle that fled
• Making notes about other details like how and why the accident happened and your conversations with your claims adjuster

Contact your insurance company

If the at-fault driver cannot be located, make use of your UM coverage by filing a claim through your insurance company. Our attorneys deal with these claims often and it is always better to let us do it than doing it yourself. Convincing your insurer to pay for your injuries is no simple task. Insurance companies care first and foremost about profits and have relatively little regard for the needs of their policyholders. You can be sure that your insurance company will use any excuse possible to deny or underpay your claim.

Hire a Queens hit-and-run accident attorney

For this reason, and to allow us to investigate your accident and try to locate the other driver, you should retain an experienced hit-and-run accident lawyer. We can pursue a claim against the at-fault driver if that individual is found. If not, we can assist with any issues you have convincing your insurance provider to fairly pay you through your UM policy. Let Miller, Montiel & Strano, P.C. assist with your hit-and-run accident today. Give us a call to get started.

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Drivers must constantly be aware of what’s in front of, behind, and to either side of them. Failure to pay attention to their surroundings can lead to unsafe lane changes that may put others’ lives in danger. This is especially true in New York, where heavy traffic is a daily way of life. Lane-changing accidents are almost always due to negligence, and the injured victim has the right to seek compensation. Miller, Montiel, & Strano, P.C. can help.

According to the National Highway Traffic Safety Administration (NHTSA), lane change accidents occur when one vehicle veers into another vehicle’s path, resulting in a crash. New York law generally prohibits drivers from making unsafe lane changes. Anyone who does so could be faced with a moving violation. And if it causes an accident, the victim can file a lawsuit demanding monetary damages from the at-fault party.

More specifically, New York law requires that:

• Motorists cannot change lanes until it is safe to do so
• The left lane of traffic is for passing vehicles or making left turns only
• Slow-moving vehicles such as trucks and buses must use designated lanes
• Street markings that indicate dangerous crossings, such as double yellow lines, should not be crossed

Lane-changing accidents happen for numerous reasons, almost all of which are due to driver error. After experiencing an accident, the victim will need to show why the crash happened. Here are a few common reasons:

• Failing to observe traffic conditions
• Failing to yield the right of way
• Speeding
• Not checking mirrors
• Misjudging distances between vehicles
• Making a lane change with poor visibility
• Driving while distracted (e.g. because of cell phone use)
• Gradually drifting into another vehicle’s lane
• Failure to use a turn signal

A lane-changing accident may cause immediate impact with another vehicle, causing the driver to lose control and crash. Or the accident can happen because the other driver tries to avoid the lane-changing driver and wrecks. However the accident occurs, the injuries could be serious. Some examples include:

• Traumatic brain injuries (TBI)
• Lacerations, scarring, disfiguration
• Paralysis
• Tears to a meniscus, tendon or ligament
• Internal bleeding
• Internal organ damage
• Bone fractures (broken bones)

These and other injuries will likely result in major medical bills, lost time from work, and potentially the inability to ever work again. This is especially true if the victim is a motorcyclist, bicyclist, or pedestrian. In some cases, the victims of lane-changing accidents die from their injuries. Surviving family members can file a wrongful death lawsuit against the liable party.

If you’ve been in an accident, call 911. Tell the police what happened so a police report can be generated. You will need a copy of this report later. Seek immediate medical attention, even if you think your injury and pain is not that bad. . Keep copies of your medical records so the nature of your injuries can be proven.

Take photos or video of the accident scene and vehicles if you are able to. Talk to any witnesses at the scene and get their contact information. Make your own notes about the accident at your earliest convenience so you don’t forget key details.

Lastly, talk to an experienced Queens lane-changing accident attorney. An attorney will review the circumstances of your wreck, build a case to prove the at-fault party’s liability, and work to get you the compensation you deserve. Your lawyer will take your case in front of a jury if the insurance company refuses to offer what you and we believe you are entitled to. Automobile accidents are frightening experiences no one wants to go through. Fortunately, you are not alone. Call Miller, Montiel, & Strano, P.C. today to get started on your legal claim.

Posted in Motor Vehicle Accidents | Comments Off on Who Is At Fault For Lane-Changing Accidents?

Automobile accidents, including rear-end collisions, are common in New York. So, too, are the serious injuries that often result from these wrecks. Rear-end accidents are stressful events that can result in substantial medical, financial, and personal problems for the victim. Perhaps you or a loved one has been in one of these accidents and you’re unsure what to do next. Let the team at Miller, Montiel & Strano, P.C. handle your legal claim for damages.

These are a few of the steps you should take after being involved in a rear-end automobile accident.

1. Get immediate medical attention. As soon as you are able, you should see a medical doctor about the accident. This is true even if you don’t feel like your injuries were not serious. What many automobile accident victims don’t realize is that even low-speed crashes can cause major injuries. Although you may feel some pain initially, your injuries may worsen with time. This is not only harmful to your health but could put your claim for damages at risk as well.

A driver or passenger who has been hit from behind could suffer from numerous medical problems, including:

• Herniated discs
• Neck, spine, and back injuries
• Severe headaches
• Numbness
• Paralysis
• Tears to a meniscus, tendon or ligament

Let a doctor make the final call on your condition and recommend what treatments you should receive.

2. Call 911 and report the accident. This is one way to get medical attention for particularly serious rear-end automobile accident injuries. But the police will usually come to the accident scene to make a report of what happened. This police report is a crucial part of seeking monetary damages because it contains basic facts about the wreck, such as the identities of the parties involved and the sequence of events leading up to it.

It’s important to note that in some of these crashes, the responsible driver will flee from the scene. Although it can be tempting to chase that person in your car, don’t. Wait for the police to show up and give them as many details as you can about the driver and the vehicle. There may be witnesses or surveillance cameras in the area that can help law enforcement track down the driver, but you should remain at the scene.

3. Start making notes about what happened. Accident victims quickly forget important details if they don’t write them down. However, it will be your responsibility to establish how and why the accident occurred so the negligence of the at-fault driver can be proven. To that end, when making your notes, consider some of the potential causes of your accident and whether you observed any evidence of them:

• Following too closely, commonly known as tailgating
• Distracted driving (e.g. because of cell phone use)
• Suddenly changing lanes to get in front of you, especially in the absence of a turn signal
• Decreased visibility due to time of day, weather conditions, or poor lighting
• Poor road conditions due to weather, road debris, or construction

So, for instance, if you observed the driver behind you following too closely right before the wreck, make a note of that along with anything else that seems relevant.

4. Talk to witnesses and take pictures of the scene. If anyone saw what happened, speak to them and politely ask for their contact information. Also, take pictures and record video of the accident scene, the condition of your car, and anything else pertaining to the accident. You may be surprised how a seemingly minor detail can change the course of a personal injury lawsuit, so err on the side of more detail.

5. Talk to a skilled personal injury attorney. This is where Miller, Montiel & Strano, P.C. comes in. We work hard to win the compensation our clients need so they can cover their accident losses and move on with their lives. Reach out today to schedule a consultation with us.

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Brake checking is a form of reckless driving in which a driver suddenly slams on the brakes to deliberately try to cause the vehicle behind to collide into the rear of the brake-checking vehicle. It is sometimes used as a means of intimidation, often in response to perceived tailgating. This behavior can cause serious injuries to the driver behind. However, there’s an assumption that any time a driver hits the back of a car, that driver is responsible for the crash. Overcoming this assumption and proving the driver in front was brake checking is why you need to hire an experienced Queens car accident attorney.

Reckless driving is a broad category of traffic offenses that are illegal in New York. Brake checking can fall under this category if it can be proven that the driver intentionally hit the brakes, aware of what might happen as a result. The brake checker could be charged with reckless endangerment. So even though the rear-end driver is usually held accountable for causing an accident, this is a notable exception to the rule.

If someone is attempting to brake check you, it’s important to avoid the driver if at all possible. Slow down, change lanes, or even exit the highway if necessary. In some cases, the brake checker will still be angry over the tailgating (actual or perceived) and continue to try to brake check the driver behind. But de-escalating the situation usually works and avoids a serious accident.

Proving fault can be difficult because the brake checker will almost certainly blame the rear-end driver for tailgating. If you’ve been in one of these accidents, you should give a statement to police immediately and recount the driver’s behavior. Get a copy of the police report later. Make your own notes about the incident as well.

There may be eyewitnesses who can attest to what the brake-checking driver did. Also, many drivers nowadays use dash cams to record other driver’s reckless actions. If there’s a passenger in your vehicle, that individual may be able to record what’s happening on a smartphone. Surveillance cameras in the area could even be helpful. An attorney can assist in identifying and obtaining the evidence needed to establish liability.

And that can be vitally important considering the damages that you, the victim, may suffer if there’s an accident. For instance, you may be facing steep medical bills for such injuries as:

• Broken bones
• Burns
• Internal organ damage
• Internal bleeding
• Traumatic brain injury
• Spinal cord injury
• Back injury

In some of these accidents, the victims unfortunately die. Their eligible survivors have the right to pursue a wrongful death lawsuit against the responsible driver.

Another risk of brake checking is that it can lead to road rage. So the danger you face may not come directly from the brake checking, but from a subsequent altercation with the other driver. Again, de-escalation and avoidance are key. If you feel your safety is being threatened, or you observe any dangerous driving behaviors, alert law enforcement.

We’re here to help you recover damages in the event a brake-checking driver causes injury to you or a loved one. Our firm handles all aspects of the accident investigation, lawsuit, and negotiations with the driver’s insurance company. If you have questions about your legal options after experiencing a brake-checking accident, reach out to Miller, Montiel, & Strano, P.C.

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New York law requires that motorists use a signal before making certain driving maneuvers. Not doing so puts other drivers unnecessarily at risk and can cause a traffic accident. If someone is injured in that accident, the victim can take legal action. Of course, crashes can happen in the blink of an eye, making it difficult to determine whether a driver obeyed the signal law. Let the dedicated personal injury attorneys of Miller, Montiel, & Strano, P.C. investigate your accident and get to work demanding the compensation you need.

Under New York law, certain driving actions require the motorist to first give a signal. They include:

• Turning at an intersection
• Turning into a driveway
• Turning onto a private road
• Changing lanes
• Using hazard signals if the vehicle is disabled

The rules also specify the manner in which certain signals must be given. For instance, a driver intending to make a right turn must signal continuously for at least 100 feet immediately before doing so. Signaling the driver behind may even be required if a motorist is going to stop or suddenly decrease speed.

If the driver who fails to signal causes a traffic accident, any victims may have a right to file a personal injury claim against that driver. To do so, the injured driver will need to prove four basic elements:

Duty of care. Every driver owes a duty of care to everyone else on the road and in the vicinity of the vehicle, including other drivers, motorcyclists, bicyclists, and pedestrians. That means obeying all traffic laws, such as those that require a signal.

Breach. A breach is anything that violates the duty of care. In this case, failure to signal in violation of the law will usually be considered a breach. Nonetheless, this element is often disputed between the parties.

Causation. It must be shown that the failure to use a signal was a substantial factor in causing harm to the accident victim. Proving causation is more challenging where there are multiple at-fault drivers or a complex series of events leading to the accident.

Damages. Finally, the victim must show the kinds of damages he or she suffered due to the accident. Personal injuries, such as broken (fractured) bones, tears to a  meniscus, ligament or tendon, and herniated discs, plus medical bills, lost wages, and pain and suffering are common examples.

The main challenge that comes with a failure to signal accident is actually proving the responsible driver did not properly signal. But there are a few ways to do this:

• Video footage. This could include surveillance camera footage. Also, dash cams are growing in popularity and may record what the at-fault party did (or didn’t do).
• Eyewitness statements. Other drivers or pedestrians may have seen what happened, including whether the at-fault party failed to signal. The victim can also testify as to what he or she observed.
• Admission. The other driver may give a statement to police or someone else and admit not using a signal. That’s one reason it’s important to get a copy of the complete police report after an automobile accident.

Other avenues of proving liability may be available, depending on the circumstances. Regardless, your best bet for recovering compensation starts with retaining a skilled Queens personal injury lawyer to fight for you. Give Miller, Montiel, & Strano, P.C. a call today.

Posted in Motor Vehicle Accidents | Comments Off on Failure To Use A Signal Can Cause A Serious Accident

If you’re using a product correctly, you should never have to worry that the product will injure you. 

Every year, manufacturers, sellers, and distributors sell products that hurt people, even when they’re used correctly. For example, a recent case alleges that Apple Airpods caused significant hearing loss to a 12-year old child despite listening at a low volume. An Amber Alert came through suddenly, and without warning, at a much higher volume that tore the child’s ear drum and damaged his cochlea. The child now suffers from vertigo and nausea as well.  

Closer to home, a defective space heater may well have caused a fire in the Bronx. 

When you are injured by a product, you may be able to pursue compensation for your injuries. 

How Products Fail

There are three grounds that we use to hold product sellers accountable.

• Manufacturing defects.
• Failure to warn of potential dangers.
• Design defects

There are three types of breaches:

• The product fails to perform its function in a way that violates a warranty or promise made or implied by the company who sells it.
• The product is subject to the strict liability standard because it is dangerous by nature if defective in any way.
• Those who are involved with the making and selling of the product have committed some act of negligence. 

We will seek to prove that you got injured despite using the product as intended. We will also seek to identify the proper responsible party. This might not always be obvious, as product liability can get very complicated. 

These products can include toys, car parts, kitchen appliances, drugs, medical devices, and more. Any product can cause an injury! 

How much is my product liability lawsuit worth?

Every case is different. But the insurance injury reports that the average case is $3,908,111 per case. 

When your case is settled, you’ll receive compensation for medical expenses, lost wages, pain and suffering. If the company did something especially egregious you might be able to sue for punitive damages as well.

Steps to Take

First, if you can, save the remains of the product, the product packaging, and the instructions that came with the product. Avoid attempting to take the product apart and avoid trying to repair it.

Take pictures of the product, the injury, and the conditions under which you were injured.

Seek immediate medical attention and save the medical records. Then reach out to our team. We’ll contact the retailer, the manufacturer, or the distributor to help you start your claim. Then we’ll work with you to prove your claim and negotiate a favorable settlement that will help cover your losses. 

See also:

Defective Hernia Mesh Products May Cause Serious Conditions

Electrical Defect Risks Lead Toyota to Recall Certain Hybrids

Elevator Injuries Are Often Due to Negligence

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Construction accident claims aren’t just for workers. Here in New York City we’re surrounded by construction projects constantly. While workers are more likely to be injured than passers-by, anyone can find themselves in the path of falling scaffolding or debris.

It happened recently on the Upper West Side. Debris came down near West 78th Street and Amsterdam Avenue, collapsing atop a family. In another incident, a jogger was struck by an industrial-sized forklift. 

The law requires construction companies to see to the safety of guests and pedestrians, not just workers. They are liable for your medical bills, for lost wages that you incur because your injuries keep you from working, for any other expenses spawned by the accident, and for your pain and suffering damages. If criminal behavior such as drug or alcohol abuse was involved then you may be able to make a claim for punitive damages as well. 

If a family member died in the accident then you will need to file a wrongful death claim. The construction company will be required to pay your funeral expenses, as well as compensate you for any medical bills incurred before your loved one died. In addition, they will be required to pay for your bereavement, loss of services and companionship. If the accident was particularly gruesome or particularly distressing and you witnessed it, they may owe you additional pain and suffering damages as well. 

A construction accident is not like a car accident. There’s no law that demands that the person in charge of the construction site provide you with information. While you should report the incident to anyone who is on duty if you can, many people injured by construction simply don’t have the chance. They require immediate medical care. 

The easiest way to file a claim is to reach out to a construction accident injury lawyer. We gather all the appropriate information and deal with the liability insurance company adjuster on your behalf. This prevents you from being led into saying or doing anything which might harm your claim or your case later.

At times, we must make construction accident claims against the city itself. When this happens you must meet strict deadlines. You have just 90 days to notify the appropriate agency of your intention to move forward. 

Figuring out which party is responsible is one of the first steps we will take on your behalf. Often there are dozens of entities who have a duty of care towards anyone who might come into contact with the site. This includes architects, engineers, building materials manufacturers, the construction company, the owner of the site, and more. The primary responsibility is on the property owner and the general contractor, but we work hard to make sure every responsible party is held accountable.

If you were injured, there’s no time to waste. Reach out to Miller, Montiel, and Strano to schedule a free course evaluation today. 

See also:

What is the Long Island Scaffold Law? 

Gathering Evidence in Long Island Construction Accidents

Who Is Responsible for the Damages in a Long Island Construction Accident?

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