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?

Posted in Construction Accidents | No Comments »

Drivers flee the scene of an accident for any number of terrible reasons. They’re under the influence, know it, and don’t want to get arrested. They don’t have insurance, know it, and don’t want to face New York’s penalty for driving without insurance. They already have a warrant out for their arrest. They panic. 

Our state sees roughly 46,000 hit and run accidents every year. Most of these incidents involve a car hitting a bicyclist or pedestrians. Car-on-car hit and run collisions are rarer, though not unheard of.

Fortunately, here in New York you have recourse if you get into a hit and run accident.

Your Own Car Insurance

If you own a car and pay car insurance then your own no-fault benefits will kick in to pay the claim even if you were on foot at the time. In New York you can only sue if you suffer from a serious injury that exceeds the no-fault threshold anyway, and your own car insurance usually pays most of the medical bills and lost wages.

If your injuries do exceed the threshold, your uninsured/underinsured motorist policy kicks in to cover the costs of a hit-and-run driver.

No Car Insurance?

Here on Long Island there are plenty of people who have neither cars nor insurance. Owning a car can be downright inconvenient and is definitely expensive. Who do those pedestrians and cyclists turn to?

In these cases, the New York Motor Vehicle Accident Indemnification Corporation (MVAIC) steps in. 

The accident must be reported to the police within 24 hours of the injury, or as soon as reasonably possible. If you were unconscious and there were no witnesses and someone found you and called an ambulance after, for example, then you can report the incident after you wake up and it still counts. 

In addition, your attorney must send a Notice of Intention to MVAIC within 90 days of the incident. This must be your attorney if you wish the claim to get effective…the laws are complex and failing to meet even one of MVAIC’s arcane requirements usually means that you don’t get paid any compensation.

The Driver May Be Found

The police officers on Long Island work hard to find hit and run drivers. They simply can’t be allowed to get away with what they’ve done. Hit and run is a crime on Long Island.

Once they are found you can, if you meet the injury threshold, press a personal injury lawsuit against that driver just like you would any other driver. Your case may even be eligible for punitive damages, as the driver definitely did something worthy of punishment during the incident in question. 

Call Us, No Matter What

Involving an attorney fast is one of the best ways to ensure that your hit and run case gets taken seriously. Reach out to Miller, Montiel, and Strano to schedule a free case review today.

See also:

When is a Long Island Car Accident a Wrongful Death? 

How No-Fault Laws Impact Your Long Island Car Accident Case

Queens, NY – Critical Hit and Run Bicycle Accident on Queens Blvd

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If your loved one was killed in a car accident and the other driver was at fault, then New York’s “no fault” laws no longer keep you from suing. Death is one of the car accident results that pushes a case past the “injury threshold” for a lawsuit.

In addition, your loved one’s PIP death benefit is usually only $2000, which is not even enough for a modest funeral.

Wrongful death compensation, by contrast, covers:

• All funeral and burial costs
• Healthcare expenses connected to the final injury
• Monetary support the decedent would have contributed to the family
• The value of services the decedent would have contributed
• Damages for your bereavement, pain and suffering, and loss of companionship
• Damages for the survivor’s lost inheritance

A wrongful death suit is filed on behalf of the victim’s immediate family. The executor of the decedent’s estate must be the one to file the suit.

The decedent’s estate may also bring a survivorship action. This is to compensate the estate for the victim’s pre-death pain and suffering. The claim becomes part of the estate and is distributed according to the terms of the decedent’s will, if they have one, or according to New York’s intestacy laws, if they don’t. These damages can be quite high; it’s not unheard of for a survivorship claim to be worth over a million dollars to the estate. Yet your lawyer must fight for the value of the claim, as it’s somewhat subjective.

To win such a suit, you must prove the other driver was negligent, that your loved one died as a result of that negligence, and that you’ve suffered a loss as a result. You must also bring the case within two years of the accident. You must also show that you had a reasonable expectation of support from the victim. 

These cases are not easy to win, nor is it easy to obtain full recovery amounts. The insurance company has a vested interest in painting your loved one as the at-fault party. Barring that, they will try to use New York’s comparative negligence law to increase your loved one’s percentage of fault. Every percentage point cuts into your recovery. That is, if your loved one is found to be 20% at fault then your award is reduced by 20%.

It is best for executors to bring both wrongful death claims and survivorship claims as quickly as possible. Not only does this avoid the danger that the statute of limitations might put an end to the case, but it also ensures that we have time to collect all applicable evidence.

Have a case for us? Contact us to set up a case evaluation today.

See also:

How No-Fault Laws Impact Your Long Island Car Accident Case

What Happens in a Long Island Personal Injury Case if the At-Fault Driver Dies?

The Bronx, NY—Man Hit & Killed by Amazon Truck

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You think you might be the victim of medical malpractice, but you have no idea what to do next. 

One Harvard study showed that the medical institution only gets it right about 75% of the time, so there is a good chance that you will end up facing malpractice at some point in your life. The good news is it usually doesn’t cause life-altering damage. For example, a doctor might well misdiagnose something minor, but your body might well correct the problem on its own.

Yet when the medical institution gets it wrong and does damage you, such as by committing a major surgical error, you should have recourse. 

When malpractice does cause damage, there are steps that can help you if you end up pressing a case later.

Talk to Your Doctor

If you think something’s gone wrong you can sometimes go to your doctor first and ask that they look into it and fix it. If it was their fault: for example, if they left a surgical sponge inside of you…then you might be able to get them to fix it at their own expense without defaulting to a lawsuit.

If they refuse, you can use that refusal against them later. Being able to say: “I went to this doctor, I told them there was a problem, and they refused to do anything about it,” can be very strong evidence in a medical malpractice case.

Get a Second Opinion

One of the key questions in your medical malpractice case will be whether the doctor lived up to the standard of care. You can help determine this by going to another doctor in the same field and having them examine you and go over what was done for you. 

If you think there was a straight up error you can get them to look for the error, too. This visit might help you discern whether you just got a negative outcome, which is an expected part of medical practice, or whether you have a true malpractice suit.

Keep a Journal

Documentation is important in any personal injury case. Keep a diary of:

• Medical costs, with bills and receipts.
• Pain and discomfort you feel.
• Conversations you have with medical professionals, what you said, what they said, and the outcome.
• Any other information that could be relevant to your case.

This reduces the likelihood that you will forget information that is relevant to your case. 

Write the New York Medical Board

You won’t always hear back from the medical complaint board when you report an error, but it can impact whether the negligent doctor gets to continue practicing medicine if there is a long track record of complaints. 

In New York, you’ll be reporting to the Office of Professional Medical Conduct (OPMC) and the Board for Professional Medical Conduct. The complaint must be in writing. 

Send them to:

The New York State Department of Health Office of Professional Medical Conduct Riverview Center

150 Broadway, Suite 355

Albany, NY 12204

If you are complaining about a dentist, nurse, chiropractor, podiatrist, optometrist, or psychologist, send the complaint to:

The New York State Education Department

1411 Broadway, Tenth Floor

New York, NY 10018

Only final disciplinary actions are public information.  

Consult with a Medical Malpractice Attorney

Bring all your evidence and sit down to discuss your case. We will tell you whether we think you have one that’s strong enough to move forward.

At times you might get an offer from an insurance company after you start taking some of these steps. Once you get an offer, stop and consult with us. That’s a good signal that you have a case, and there’s a good chance the offer is way too low. 

See also:

Common Causes of Medical Malpractice on Long Island, NY

What You Need to Prove in Your Long Island Medical Malpractice Case

Posted in Garden City Personal Injury Blog | No Comments »

Most people know they need to take photos after an accident. That’s any kind of accident if you’re awake and alert enough to make it happen. Photo evidence is just as important to a slip-and-fall as it is to a car accident case. It can be very helpful in any personal injury case. 

Of course, it’s important to make your photography as effective as possible. 

#1) Your smartphone is fine. 

You don’t need a professional-grade camera to take pictures that will serve as excellent evidence in your personal injury case. Your regular smartphone camera will do. 

#2) Take as many photos as your storage will allow.

It’s sometimes better to take what will feel like an almost indiscriminate number of photos so that you can sort through them later. You never know what you’ll capture. What seems meaningless to you might be extremely meaningful to an accident reconstructionist. 

#3) Snap angles at different distances and angles.

In a car accident you want to snap every exterior angle of both cars as well as the interior of both cars. You also want to capture skid marks from both directions, while stepping off the length of them. Snap photos of traffic lights or signs as well. 

In a slip-and-fall you’ll want to take photos of the accident site, your shoes, and local conditions. If a broken item or object caused your fall then you’re going to want to snap a photo of that, as well. 

#4) Avoid taking photos of injured people or fatalities.

You can take photos of your own injuries, but you need to avoid taking injuries of any other injured parties. Doing so can be a privacy violation. 

#5) Photograph Documentation

Don’t try to jot down the other party’s insurance policy. Get a photo of it. Get photos of drivers licenses and license plates, too. It’s the best way to ensure accuracy when it’s time to file the claim.

In a slip and fall, you should take a photo of the incident form if you fill one out. 

What if you are too injured to take photos?

If it’s possible to sue for your Long Island injury case at all you may well find it impossible to take photos at the scene. This is quite common. Some of our clients are unconscious from the moment of impact and have to be rushed to the ER. They certainly don’t get an opportunity to take pictures. 

Calling an attorney almost immediately after your accident can be very helpful here. The faster you do so, the faster we can get an accident reconstructionist to the scene, contact witnesses, or gather physical evidence. In some cases, we might be able to gather photos taken by witnesses. 

Don’t worry about whether you’re bothering us. We’re happy to evaluate cases and tell you whether or not it makes sense to proceed.

Contact us for a free consultation today.

See also: 

How No-Fault Laws Impact Your Long Island Car Accident Case 

What Happens in a Long Island Personal Injury Case if the At-Fault Driver Dies?

3 Items to Document After an Auto Accident

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Owners and general contractors are responsible for the workers who work on their construction sites, at least in New York. This is thanks to Labor Law 240, which has been around since 1885.

“All contractors and owners and their agents, except owners of one-and-two family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed, or operated as to give proper protection to a person so employed.” 

If the staging is more than 20 feet from the ground or floor, must provide: “A safety rail of suitable material properly attached, bolted, braced, or otherwise secured, rising at least 34″ above the floor or main portions of such scaffolding or staging and extending along the entire length of the outside and the ends thereof, with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying the building or structure.”

All scaffolding: “Shall be so constructed as to bear four times the maximum weight required to be dependent therefrom or placed there on when in use.”

If employers don’t provide proper protections against falling objects, falls from heights, or structure collapses, then they are in violation of Labor Law 240. If you can prove they were in violation of the law and that violation caused an injury due to a gravity related accident, then you can sue them for your losses. 

To file a claim you must prove that the entity responsible was the owner or general contractor on a construction project, that the accident was gravity-related, and that your injury was caused by said gravity-related accident. 

If your employer was in violation of the scaffolding law then you may still file a workers compensation claim. You can also file a scaffolding law claim. This will help you recover for future economic losses, pain, suffering, and the lost wages that workers compensation will not cover. 

Here at Miller, Montiel, and Strano we have helped hundreds of construction workers, electricians, carpenters, bricklayers, laborers, welders, and other workers recover compensation under Scaffolding Law. We have also helped citizens who were injured in gravity-related accidents while walking near city construction sites, or who have been forced to deal with scaffolding while conducting daily activities, such as going to school.

You do have recourse if you were injured in a construction accident.

Contact our office to get more help today.

See also:

Gathering Evidence in Long Island Construction Accidents

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

Posted in Construction Accidents | No Comments »

A medical malpractice case is any case that results when a medical provider’s acts of omission or failure in the duty of care towards a patient result in injuries and losses for that patient. For many patients these losses are not minor. They can mean lifelong scarring, disability, illness, or even death. 

Do you think you might be a victim of a medical malpractice incident? If so, it might be useful to know the most common causes of cases like these. 

Misdiagnosis

Some doctors don’t spend a lot of time with their patients. They run in and out, assuming they know exactly what’s going on. Very few doctors actually listen to what their patients have to say. Some doctors are dismissive or callous, and don’t heed patient concerns.

When this results in a misdiagnosis or a diagnosis that is delayed for long enough to cause further harm, you may have the grounds for a medical malpractice case. Failure to diagnose leads to a failure to treat, and the results are often tragic.

Surgical Mistakes

There are over 4000 preventable surgical mistakes every year.

These can include performing the wrong procedure, leaving foreign objects inside of the patient’s body, operating on the wrong part of the patient’s body, and other mishaps are much more common than most can believe.

Anesthesia can also cause dangerous errors. Anesthesiologists have caused patients to suffer heart attacks and strokes. They’ve asphyxiated patients, causing brain damage.  Some unlucky patients have been left in a coma. Others have died. General anesthesia is very dangerous if a patient is not given a proper dose.

Birth Injuries

Failure to provide proper medical care during the pregnancy, labor, or delivery processes means tragic results. Children have been born with severe birth defects as a result of doctor incompetence. 

Some babies have even died. 

The reasons that doctors fail parents and their babies are manifold. Some fail to realize there’s anything wrong with a fetus. There are are problems with C-section procedures and problems with common tools like forceps or clamps. 

Medication Errors

Medication must be administered in its proper dosages or it is practically poison. Giving patients the wrong medication, or the right medication but in the wrong amounts, can cause lasting harm, or even death.

Doctors can also cause medication errors when they fail to ask the patient about other medicines they may be taking. Contraindications can kill. 

The problem has become ubiquitous enough for the FDA to start exploring methods to help prevent the problem from happening quite so often. For example, they’re exploring the use of standardized medication bottles for different sizes of medication to make it easier to see when one is choosing the proper dose.

Poor Documentation

In settings like hospitals where multiple people will be attending to a patient’s needs, proper documentation is paramount. This ensures that everyone knows what care the patient has and has not received, what medicines the patient has and has not taken. 

Medical providers may chafe at having to perform record keeping, but it can be a lifesaving exercise. In cases where there aren’t sufficient notes to track the patient’s care we have been able to successfully prove that a medical malpractice event took place.

Faulty Medical Equipment

Manufacturing and design errors can plague medical equipment just like they can plague every other piece of technology sold on the market today. When this equipment fails it’s not the provider that gets held responsible, but the manufacturer.

They were still negligent, so they should still be held accountable for your suffering.

You don’t have to do any guesswork.

Not sure whether your case counts as a medical malpractice case? Reach out to Miller, Montiel, and Strano today.

Our free case review process will help determine whether it makes sense to move forward with a lawsuit. Don’t wait. The longer you wait the harder it is to win your case.

Contact us today.

See also:

What You Need to Prove in Your Long Island Medical Malpractice Case

Medical Malpractice

Verdicts and Settlements

Posted in Injuries | No Comments »