When a person is injured because of someone else’s negligence, they usually know that they should be compensated financially but also have a vague understanding that they should get something for their “pain and suffering.” In a lawsuit, pain and suffering are referred to as non-economic damages and represent various types of negative experiences victims have after an accident. Unfortunately, the subjective nature of pain and suffering makes its value hard to calculate and where most settlement negotiations between opposing attorneys stall.

However, just as you are entitled to recover compensation for economic losses like medical bills and lost income, you should get something for the pain and emotional harm another person causes you. An experienced NYC car accident lawyer can explain exactly what constitutes pain and suffering, including how to document it and how recovering it might be limited in certain situations. Having the right information is the best way to ensure your chances of getting the pain and suffering compensation you deserve and not doing anything that might jeopardise it.

What is Pain and Suffering Exactly?

Pain and suffering can typically be separated by the physical pain a victim experiences in and after an accident, as well as the emotional suffering being injured causes.

Virtually every injury will cause pain. If you break your nose in a car accident or your wrist in a slip and fall, the immediate pain can be incredible. That pain will likely continue while you receive emergency treatment and follow-up care after an accident. The more serious the injuries, the greater the likelihood of physical pain moving forward. For instance, you might experience significant pain during physical therapy sessions or recovering from surgery. You could even have chronic physical pain after your injuries heal, especially common after suffering neck and back injuries. Any form of pain stemming from your accident should be included in your attorney’s calculation for damages.

Forms of emotional harm and distress are also considered pain and suffering. Accident victims often develop different psychological issues in response to an incident. Some people experience anxiety because their sense of safety has been compromised. Others get depressed because they might not have the same physical abilities as before, impacting their professional and social life. It is also common for victims to develop post-traumatic stress disorder (PTSD), which can cause responses to stress triggers that they cannot control. These types of emotional distress are not mutually exclusive, and suffering one form can further increase the damages caused by another, especially when you feel like you are not in control of your own mind.

Ultimately, your attorney will look at how the accident has impacted your quality of life and enjoyment of it. Do you now miss out on hobbies you once enjoyed? Has intimacy in your marriage lessened because of your injuries? If so, you should be compensated for it.

How Do I Prove Pain and Suffering?

Proving pain and suffering can be challenging, but a lawyer can help organise the evidence in a way that clearly illustrates how an accident has turned your life upside down.

The kind of injury you suffered will have a major impact on pain and suffering damages. For example, broken bones can be extremely painful but are far more likely to heal with the proper treatment, while spine and traumatic head injuries can affect a victim for the rest of their life.

Injuries will also dictate the treatment needed to recover. Relatively minor injuries usually have a set timetable in which treatment should get you to maximum medical improvement, such as placing a broken wrist in a cast for a few months. More serious injuries might require extensive treatment long into the future, especially if an injury victim needs surgery or physical therapy to recover, if they fully recover at all. Your medical records and doctors’ reports can be used to prove the extent of your treatment.

Of course, you will also have the chance to testify to the negative impacts following an accident. You are the best person to describe the pain and suffering another person’s negligence has caused. Friends and family can also support your claims by testifying about how you have changed since the accident.

Are There Times When I Cannot Recover Pain and Suffering Damages?

States that use a no-fault auto insurance system typically have restrictions against recovering pain and suffering damages from a vehicle accident. For instance, New York allows injury victims to sue for pain and suffering only if they suffer “serious” injuries. The definition of seriousness ranges from broken bones to permanent injuries, which is why it is important to have an attorney organise your medical records to get over this threshold.

What Can I Do to Help My Claim for Pain and Suffering?

Pain and suffering are often evident from the accident and injuries, but you still need to prove it. Working with an experienced law firm that understands car accidents and the fallout they create is the best way to recover compensation for the wide-ranging losses even a minor accident can cause. They can help you understand how pain and suffering are likely to affect your life moving forward and calculate a value for it so that you do not lose compensation that will be crucial to making a full recovery.

Truck drivers are a necessary part of our supply chain. They transport cargo over long distances, often in short periods of time, and drive for hours on end. To prevent drivers from being overly tired behind the wheel, federal regulations restrict how long truckers are permitted to drive before resting. Truckers who violate these regulations might be liable for an accident.

Federal trucking regulations promulgated by the Federal Motor Carrier Safety Administration dictate how long a driver can be on the road without breaks. These regulations govern how long a trucker is permitted to drive before resting, and how long they must rest between periods of driving. For property-carrying vehicles, truckers may drive for no longer than 11 consecutive hours. Drivers carrying passengers may drive for no more than 10 consecutive hours. If a trucker violates these regulations, we can use that as evidence of negligence, forming the basis for a negligence claim for damages and fair compensation. However, we may need more than evidence of a trucker driving for too long, and your lawyer can help you find what you need.

Call The Carrion Law Firm at (718) 841-0083 and ask our NY truck accident attorneys for a free review of your case.

Legal Limitations on Hours of Service for Truck Drivers in NY

Trucking industry regulations from the Federal Motor Carrier Safety Administration (FMCSA) are codified within federal law applying to all truckers in New York. These regulations limit the amount of time truckers may be on the road and how long they must rest before they can resume driving. These regulations differ based on whether a driver is carrying passengers or property.

According to 49 C.F.R. § 395.3(a), truckers carrying property or cargo – i.e., most truckers – may not drive without first having had at least 10 consecutive hours off duty. If a truck driver is found to be making long trips back-to-back, they may be in violation of federal regulations. They are also more likely to become too tired to drive safely, and others on the road might be at risk. Additionally, once a truck driver is on duty, they must cease driving after a period of 14 consecutive hours. However, during those 14 hours, a trucker may not actually drive a truck for more than 11 total hours. Furthermore, truckers typically cannot drive for more than 8 consecutive hours without at least a 30-minute uninterrupted break.

Drivers carrying passengers must adhere to somewhat different regulations. Under § 395.5(a), a driver may not operate a passenger-carrying vehicle for longer than 10 hours after having at least 8 consecutive hours off duty. Additionally, a driver may not operate a passenger-carrying vehicle after having been on duty for 15 hours following 8 consecutive hours off duty.

How Hours of Service Requirements for Truckers in NY Affect Injury Lawsuits

While these regulations governing the hours of service of truck drivers might seem like pointless bureaucratic jargon, they are there for a reason. When truck drivers violate these regulations by driving longer than they should, they risk becoming overly tired. A tired trucker is dangerous, and they may be more likely to cause an accident. If our Long Island truck accident lawyers have evidence that the trucker who caused your accident violated these rules, your case may be much stronger.

Trucker Fatigue

First, we must consider why we believe the truck driver is liable for the accident and your injuries. If we believe that the trucker was way too tired to drive safely, having evidence that they violated hours of service regulations may be just the proof we need. Providing that someone was too tired to drive is difficult, as a trucker’s “tiredness” is somewhat subjective. The trucker might insist they were not too tired, and there may be little to no way to prove them wrong. However, if we prove they were on the road longer than legally allowed, our argument for trucker fatigue may be much stronger.

Evidence of Negligence

Even if the defendant trucker was not overly tired when they caused the accident, evidence that they were driving beyond the limits permitted under federal law may still be considered evidence of negligence. An act may be considered “negligence per se” if it is negligent because it is a violation of the law. Driving in violation of hours of service regulations is indeed a legal violation and may be deemed an act of negligence even if the trucker was not overly tired at the time of the accident. Having such evidence may only strengthen your claims for damages.

Trucking Company’s Liability

When suing for a truck accident, more than just the truck driver might be implicated. Their employer, the trucking company, might also be liable for the accident. Is there evidence that the trucker was pushed by their employer to drive for longer than legally allowed? If so, we might have a stronger case against the trucking company. If we can hold both the trucker and their employer liable for your damages, you stand a better chance of recovering compensation. This is especially important if we believe the trucking company has a pattern of making employees drive in violation of federal regulations.

How to Prove a Trucker Violated Hours of Service Requirements in NY

Proving that a truck driver violated the federal regulations regarding hours of service takes evidence. Exactly what kind of evidence you need depends on how the accident happened and what evidence is even available. Your lawyer should be able to help you determine what evidence you need and how to obtain it.

Truckers often keep logs of when they drive and for how long. If the truck driver logged their driving time on the day of the accident, we can check to see if there is any indication that they drove for longer than legally permissible. However, logs are not always accurate. Truckers might forget to log information or fudge the data so that nobody finds out they violated federal regulations.

Another possible source of evidence is the event data recorded, sometimes called a black box device. These are similar to those found on planes, and they automatically record all sorts of information about the truck. For example, the recorder might automatically log when the trucker starts the truck, when they hit the brakes, rates of speed, and when the truck stops. Analyzing this data might show us whether the truck driver was on the road for far longer than legally allowed.

We should also review relevant trucking company records. If the trucking company has a history of federal violations or making truck drivers drive for way too long, their records might be the evidence we need to prove it.

Contact Our NY Truck Accident Attorneys for Help with Your Case

Call The Carrion Law Firm at (718) 841-0083 and ask our Queens truck accident attorneys for a free review of your case.

An outbreak of E. coli infections has cropped up in some western states in the U.S., and many believe that contaminated food served by McDonald’s is to blame. E. coli is a bacterial infection that is often linked to tainted food. Call an attorney to discuss potential legal action if you or someone you know became sick after consuming McDonald’s products.

Multiple people across several states have been confirmed to be sick from E. coli infections, and the likely suspect is contaminated onions or beef patties used to serve Quarter Pounder sandwiches. E. coli can be a very unpleasant infection, and some cases are deadly serious. A customer made sick by food served at McDonald’s might be able to sue the company for damages, depending on the situation. Possible damages include the cost of medical bills and potential medical complications if your condition worsens. We need evidence linking your illness to McDonald’s to prove these claims, and our legal team can help.

Get a free, confidential case evaluation by calling The Carrion Law Firm at (718) 841-0083 and talking to our personal injury attorneys.

McDonald’s and a Recent Outbreak of E. Coli Infections

According to a recent news story, at least 49 people across 10 different states have been made sick by E. coli infections, and at least one person has died. The Centers for Disease Control (CDC) has issued a food safety warning regarding the Quarter Pounder sandwich served at McDonald’s. Many people reported eating the sandwich before becoming ill. Although no specific ingredient has been identified as the cause of the infection outbreak, it is suspected that McDonald’s slivered onions or beef patties used on Quarter Pounder sandwiches are to blame.

McDonald’s and its suppliers have not admitted fault or wrongdoing, but they have taken steps to minimize further infections. McDonald’s has removed the Quarter Pounder from menus at locations in multiple states, but the CEO insists that it is still safe to eat at McDonald’s. One of the restaurant chain’s suppliers, Taylor Farms Colorado, has removed yellow onions from the market out of caution.

If you or someone you know has fallen ill after eating at McDonald’s, you should go to a doctor for treatment. Next, contact our personal injury attorneys to discuss possible legal action against McDonald’s.

Can a Sick Customer Sue McDonald’s for E. Coli Poisoning?

People often think of physical wounds and bodily harm from accidents when they think of personal injury cases. However, personal injury claims may also include claims for illnesses. If you became ill after eating food at a restaurant like McDonald’s, you may file a personal injury claim against the business. Remember, lawsuits are often difficult, even under the best of circumstances. A lawsuit against McDonald’s may be particularly difficult, as it is a large corporation with a powerful legal department.

The presence of E. coli or any other form of food contamination is a clear sign of negligence. First, customers generally expect the food they buy to be safe for consumption. It would be very difficult for McDonald’s to argue that someone else is responsible. Second, food service businesses must abide by strict regulations and laws regarding food safety and preparation. The presence of something as serious as E. coli clearly indicates that a rule or regulation has been violated.

McDonald’s and its suppliers might be taking steps to fix the problem and prevent additional infections, but that does not mean they cannot be held accountable for their negligence. 

Possible Damages in a Lawsuit Against McDonald’s for E. Coli Poisoning

Damages in a personal injury case often revolve around injuries the plaintiff sustained and the things they might have lost, usually money. In a case related to a foodborne illness, your damages will likely involve medical bills. E. coli infections can be painful and sometimes severe. The cost of treatment might be more than you can afford, especially if you do not have insurance. Even if you do have insurance, you may still want to sue for the cost of high deductibles.

E. coli infections tend to render people incapacitated for a while, and they may be unable to continue working. You might have lost substantial income depending on how long you were away from your job. Lost income from missing work should be included in your damages calculations.

In less typical cases, a person experiencing E. coli poisoning may develop hemolytic uremic syndrome (HUS). This can lead to very serious kidney problems and could cause permanent damage or even death. People may spend even more money on huge medical bills in such cases. They may also claim non-economic damages related to permanent injuries or reduced quality of life because of the infection.

How to Prove Legal Claims Against McDonald’s for E. Coli Poisoning

We must have evidence to prove your claims in court. First, get medical attention immediately to confirm that your illness is related to E. Coli poisoning. If we do not have medical records establishing a diagnosis, your case might quickly fall apart.

Next, we need evidence that links your illness to McDonald’s. When was the last time you ate food from McDonald’s? According to the CDC, E. coli symptoms often show up about three or four days after consuming tainted food. If you have proof that you ate food from McDonald’s at that time, such as a receipt, we may be able to connect your illness to McDonald’s.

If possible, we should have the food you consumed tested for E. coli. This is sometimes difficult, as most people finish the food they buy. However, if you happened to stick some leftovers in the fridge and still have them, we can have them tested.

Even if we cannot test the food you personally consumed, we might still test food products currently being served at the McDonald’s location where you bought the contaminated products. We might be able to get a court order compelling McDonald’s to provide samples for testing.

Third, we should keep up with any ongoing investigations. The CDC tracks data regarding reported infections and outbreaks. The investigation may yield important evidence that we and others can use to hold McDonald’s responsible.

Contact Our Personal Injury Attorneys for Help Now

Get a free, confidential case evaluation by calling The Carrion Law Firm at (718) 841-0083 and talking to our personal injury attorneys.

We are over a year out from when the OceanGate submersible touring the wreckage of the Titanic went missing.  Since then, we have gotten confirmation that the submersible imploded and killed all hands and passengers, and recent footage from the Titanic wreck has even discovered the remains of the vessel.  Since that time, families of the deceased have filed wrongful death suits against OceanGate, calling into question whether the liability waiver that passengers were required to sign would be enforceable in court.

After reviewing the text of the liability waiver, which includes the word “death” nine times in total, we found some strong hallmarks of an enforceable liability waiver.  The document is clearly marked as a waiver and contains language that would release the defendant from liability if the waiver is otherwise effective.  However, there are questions as to whether the waiver is enforceable as a matter of public policy given that it acknowledges how untested and experimental the vessel was.  There may also be missing information that would have changed the passengers’ minds about signing.

If you or a loved one suffered injuries after signing a waiver, call The Carrion Law Firm’s personal injury lawyers at (718) 841-0083 for a free case review.  If you are a journalist or publisher seeking an attorney’s input to inform your coverage of the OceanGate case, feel free to reach out to us as well.

Is the OceanGate Titan Submarine’s Waiver Enforceable?

Enforceability of a waiver requires a few things, and the laws surrounding this change from jurisdiction to jurisdiction.

Usually, the waiver needs to clearly state that it is in fact a waiver – something that this waiver does well.  It also needs to state what you are waiving, and this waiver specifically discusses waiving the right to sue for “injury, disability, death, and property damage.”  It also clearly states that this right is waived for the individual and their heirs/assignees.

One other factor that appears met here is that waivers are generally more likely to be enforced if the person signing had the benefit of talking to their attorney beforehand.  No one seems to have pushed this waiver on the passengers quickly, and all of them were reportedly quite wealthy, giving them time and resources to speak with a lawyer before signing if they wanted to.

These factors strongly weigh in favor of the technical parts of the document being enforceable, but our personal injury lawyers have some additional issues left to analyze.

Did the OceanGate Passengers Legally Sign the Waiver?

The first thing to analyze about this waiver is whether it was actually valid when signed.

One passenger was the son of another passenger, but the son was an adult when he signed.  Some jurisdictions bar waivers for minors or for the death of a minor child, but since he was over 18, this is not an issue.

One victim whose estate has filed a wrongful death lawsuit was actually an employee of OceanGate.  This could bring up other legal issues, given that his estate is now trying to sue his employer – something that is generally permitted under the Jones Act.  A waiver to release an employer from liability for an employee’s death is not particularly common and might not be valid in the first place.

Jurisdiction Issues with the OceanGate Titan Waiver

The waiver itself states that the laws of The Bahamas apply to issues with this contract.  This kind of language is often unenforceable, as courts need cases to be heard where there is proper “jurisdiction” and “venue.”

The vessel was in international waters, having departed from a Canadian ship, which might give Canadian courts jurisdiction.  Alternatively, OceanGate is from Washinton state, where the lawsuit cited above has been filed, potentially making jurisdiction and venue proper there.  However, U.S. federal courts – not state courts – usually have jurisdiction over “maritime” cases dealing with injuries and death at sea.

Lastly, only one passenger was American, and the non-American passengers might have different rights and laws in their home countries.

Is the Submarine Waiver Unconscionable or Against Public Policy?

One major question as to whether the waiver will be enforceable is whether it is legal to make a waiver for this kind of thing.  This was a waiver that was signed to give away the right to sue for injury or death from an experimental vessel that had no certifications or safety inspections from outside sources, went down 3,800 plus meters under water, was made of carbon fiber and plexiglass instead of titanium, and was driven with a videogame controller.  There is a strong legal question as to whether consenting adults can in fact sign away their rights for what could be seen as quite an outrageously dangerous situation.

Waivers are often legal for thrill-seeking and action/adventure attractions like skydiving, bungee jumping, and even skiing.  However, there are usually expectations that there are safety inspections, outside certifications, and so forth.

Judges often allow these waivers to be enforced because of the “public policy” that adults should be free to make contracts and sign waivers if they want to.  However, sometimes this same “public policy” is grounds for courts to draw a line and say that courts will not allow waivers for certain things, and it is possible a court could rule that is the case with the Titan.

Courts might also call a contract like this “unconscionable” on the argument that no reasonable person could legally sign a waiver for such a dangerous thing.

Did OceanGate Withhold Important Information from their Liability Waiver?

The wrongful death lawsuit mentioned above alleges that OceanGate did not reveal all of the info they needed to to give the passengers proper informed consent.  The waiver does state that the sub was experimental and that it made 90 previous dives (13 to the target depth).  It also says it was not “approved or certified” and that its materials were not “widely used,” and that there is a risk of death (which it mentions nine times).  However, OceanGate might have left out other important facts.

There are serious questions about whether this info was sufficient or whether the waiver needed to go deeper.  It might not be obvious to the passengers from the text of the waiver that experts had previously spoken out against the use of plexiglass and carbon fiber materials or that the vehicle was being operated by an early-2010s videogame controller.  There are also serious issues alleged in the lawsuit discussed above about previous safety concerns that were reported and not properly vetted or disclosed to the passengers.

If the passengers did not have the full information they need to sign the waiver, this might be the strongest argument against enforcing the waiver.

Call Our Personal Injury Attorneys

If you were injured and need help fighting against an unfair waiver, call The Carrion Law Firm’s NY personal injury lawyers for a free case review at (718) 841-0083.

You will likely have numerous damages after a bicycle accident in New York. If your injuries prevent you from returning to work, your mind will naturally turn to how you will cover your lost wages.

Fortunately, our lawyers can help you claim your lost wages, as well as other damages. Bike riders are covered by their vehicle insurance coverage when hit by another driver. Your no-fault insurance is designed to cover your lost wages when you file a claim, but it will not cover 100% of them. Insurance will pay up to 80% of your lost earnings but only for a total of three years and is capped at $2,000 per month. This gap can leave you struggling to cover your expenses. Our team can gather evidence to help file a lawsuit, which can compensate you for all your lost earnings and future earning potential.

For a free case review with our New York bicycle accident attorneys, contact The Carrion Law Firm at (718) 841-0083 today.

Can I Get Compensation for Lost Wages if I Am Injured in a New York Bicycle Accident?

The answer is yes but with serious catches. New York uses “no-fault” insurance rules, also called Personal Injury Protection (PIP), and every driver in the state must carry it. But what does this have to do with bicycle accidents? Negligent drivers cause most bicycle accidents, especially in densely populated areas like NYC, and I.S.C. Law § 5102(b) directs “first-party” insurance benefits to be paid to any who suffered injuries in a motor vehicle accident. This includes drivers, passengers, pedestrians, and bicyclists.

Essentially, if a driver hits you while you are riding your bike, you can file a claim with your car insurance provider if you have coverage. If you do not own a car, the driver’s no-fault insurance will be next in line to cover your economic losses, including lost wages.

However, by design, PIP insurance will not compensate you fully for your lost income. According to § 5102(a)(2), your no-fault insurance will only pay 80% of your lost earnings. Moreover, your payments for your lost income will be capped at $2,000 a month, regardless of your actual monthly income. You also might not be covered for the total time you are injured, as PIP will not pay lost earnings after the three-year anniversary of the accident.

Do not be discouraged, though. Our Brooklyn bicycle accident attorneys can help you get compensation for all your lost income and more in a lawsuit. While insurance rules generally prevent lawsuits from being filed for car accidents, there are a few ways around this. Under § 5104(a), you are entitled to file a lawsuit if you have suffered more than the basic economic loss or serious injuries in your bike accident.

What Other Damages I Can Recover in a New York Bicycle Accident Lawsuit?

If you are claiming lost wages after a NY bike accident, you likely have many other damages for which you will need compensation. Insurance will limit you to only your economic damages, and even those are limited. In a lawsuit, you will have no limitations placed on the provable damages you can recover. This includes your medical expenses, costs for your damaged bike, and non-economic damages. You will also be entitled to more than your daily wages if your injuries impact your work in the future.

All Necessary Medical Expenses

First and foremost, you can be awarded damages for all medical expenses you paid to treat your injuries. Under § 5102(a)(1), “necessary expenses” include most expenses you would incur in the course of treatment, like hospital bills, surgery bills, ambulance services, prescription medications, and occupational therapy. You can also be reimbursed for psychiatric and mental healthcare costs, as well as the costs of religious healing, if the method is recognized under NY law.

Loss of Earning Potential

Insurance only covers lost wages by adding up your daily income and reimbursing that amount. With a lawsuit, you can also claim lost earning potential. Lost earning potential represents what you missed out on at work because of your injuries besides pay.

For instance, perhaps you were passed over for a promotion because you were gone too long. Or, you did not receive a raise that you likely would have had you not been injured. In more extreme situations, you might not be able to return to your position at all, either permanently or because your injuries forced you into a new position.

This diminishing and loss of professional opportunities can be compensated for in a lawsuit. However, we will usually need an occupational expert to help assess the value of your loss.

Property Damage Costs

Even a minor collision with a motor vehicle can cause significant, if not total, damage to your bicycle. A successful lawsuit will compensate you for the repair costs you sustained or if you need to buy a replacement. If your phone, camera, or any other riding gear was damaged in the accident, we will ensure those damages are included in your claim.

Non-Economic Damages

The major advantage of a lawsuit over an insurance claim is that you can recover compensation for your non-economic damages. According to a current study of vehicle accident victims, over half the victims reported some form of emotional loss after the accident, like PTSD, depression, and anxiety.

However, your non-economic damages extend to other impacts that are hard to calculate. For instance, if your injuries are serious enough that you cannot ride your bike for the foreseeable future, it can significantly impact your enjoyment of life and cause serious pain and suffering.

Unlike other states, New York does not limit the non-economic damages victims can recover, so we must have evidence that clearly shows how their injuries have changed their lives to get what they deserve.

Call Our New York Bicycle Accident Lawyers Today for Help Getting Your Lost Income and Other Damages Covered

Call The Carrion Law Firm at (718) 841-0083 for your free case review with our Harlem bicycle accident lawyers.

New York City is famous for being the city that never sleeps. People come and go at all hours of the day every day, which makes for very busy streets. Considering the city is densely packed, many choose to ride bikes rather than use vehicles to get around. So many people use bicycles as a primary mode of transportation, and the city has its own traffic code regarding vehicles and bikes.

Cyclists must follow most of the same traffic laws that drivers in vehicles follow. This means bike riders must stop at stop signs and red lights and follow the rules of the road. Cyclists may ride on many of the same streets as vehicles, but they must stay in bike lanes if they are available. If bike riders must ride in the normal traffic lanes, drivers in cars must show them the same respect as other vehicles. If you are a cyclist injured in a crash somewhere in New York City, contact an attorney and discuss how to get fair compensation for your injuries.

Call (718) 841-0083 and ask our NYC bicycle accident attorneys at The Carrion Law Firm for a free, private case evaluation to get started.

Do Cyclists Follow the Same Traffic Laws as Vehicles in NYC?

Many people might not equate bikes to cars or trucks, but in the eyes of the law, they are bound by the same rules. Cyclists in New York City must follow most of the same traffic laws as drivers in vehicles. While there are a few differences in the laws, cyclists generally follow the same rules. The law under N.Y.C. Admin. Code § § 4-02(a) spells out how the New York City traffic laws apply, and they apply to all vehicles, including cars and bicycles.

This generally means that if a driver in a car must obey certain traffic signals (e.g., signs, lights, rules), so must a person riding a bike. For example, if someone riding a bike in a bike lane comes upon a red light, they must come to a stop and wait for the light to turn green. Unfortunately, this does not always happen, and people are sometimes a bit confused over whether bike riders have to stop. Rest assured, if you normally have to stop in a vehicle, you probably have to stop while riding a bike.

Do Cyclists Have the Right of Way?

When it comes to traffic, a major concern among drivers and cyclists alike is who has the right of way. The answer to this question varies based on the circumstances. However, generally, cyclists have the right of way as long as they are riding in a designated bike lane. Even so, they must still obey stop signs and red lights and yield to pedestrians. If the driver who hit you insists that you did not have the right of way, explain the situation to our NYC bicycle accident lawyers, and we can help determine who is at fault.

A great example of cyclists having the right of way can be seen at many intersections throughout the city. According to § 4-03(a)(1)(i), bike riders tend to have the right of way in these situations. Suppose you are riding in a bike lane in the same direction as a vehicle on your left in the normal traffic lane. Next, suppose you plan to go straight through a green light, but the car next to you plans to turn right. In such a case, the vehicle must yield the right of way and allow you to pass before turning right.

However, this does not mean that cyclists stop for no one. Cyclists must follow all the same traffic laws as drivers in cars. This means that if a cyclist is riding in a bike lane and comes upon a red light or stop sign, they must stop. Unfortunately, cyclists do not always stop. Some cyclists assume they always have the right of way no matter what, and their mistake might cause a serious accident.

Do Cyclists Need to Wear Helmets in NYC?

If you ride a bike anywhere, wearing a helmet is in your best interest. This is not just a safety recommendation but a legal requirement, at least for some bike riders. According to V.A.T. Law § 1238(5)(b), no cyclist under the age of 14 may ride a bike without wearing a helmet. Additionally, the helmet must meet safety standards imposed by law. If a young rider is caught without a helmet, a citation might be issued.

Not only is it illegal for someone under 14 to ride without a helmet, but it is also illegal for a cyclist carrying someone under 14 as a passenger to allow the passenger to ride without a helmet. This means that if you are a parent, guardian, or even an older sibling riding a bike with your child or younger sibling and they do not have a helmet, you might be the one in trouble.

While tickets being issued to cyclists is less common than tickets being issued to drives, it is still possible and sometimes happens. Do not let something like the lack of a helmet get you in trouble.

Does Insurance Cover Cyclists in NYC After an Accident?

Even if you are in an accident on your bicycle, auto insurance might be there to help you. If you are hit by a car while riding your bike, insurance companies tend to consider it a car accident even though you were not driving a vehicle. As such, auto insurance might cover your damages.

New York is a no-fault auto insurance state, meaning all drivers must carry personal injury protection (PIP) insurance that covers them in the event of an accident. An injured cyclist with auto insurance may file a claim with their PIP insurance policy. This can be great for many, as they do not have to prove fault and may get damages covered with no need to gather evidence. However, it is not unusual for bike riders in New York City to not have car insurance.

Many cyclists do not have auto insurance because they do not drive. This is common in New York City, as public transportation is widespread and accessible. If you do not have auto insurance, the driver’s insurance may cover you, and you can file a third-party claim with their insurance provider. However, you might be required to present evidence of the driver’s negligence, and you can call an attorney for help.

What Streets May Cyclists Ride on in NYC?

Bikes are largely permitted on most city streets regardless of whether there is a bike lane. However, a few restrictions exist that keep cyclists off certain roads. According to N.Y.C. Admin. Code § § 4-12(o)(1), bicycles are prohibited on expressways, highways, interstate routes, bridges, and thruways unless signs indicate otherwise. Ordinary city streets are usually open to cyclists.

While most city streets are available for cyclists, you must be mindful of bike lanes. According to § 4-12(p), bike riders are required to use bike lanes whenever available, barring special circumstances. Cyclists may ride outside of bike lanes when turning onto a private road or driveway or when reasonably necessary to avoid accidents. However, cyclists cannot ride in the normal flow of vehicle traffic if a bike lane is available, and doing so might get them into trouble. If no bike lane is available, cyclists may ride in normal traffic, and vehicles must respect the presence of cyclists.

Can I Still File a Claim if I Wasn’t Wearing a Helmet During the Accident?

While helmets are an important part of bike safety, not wearing one is not illegal as long as you are 14 or older. It is not unusual to see bike riders without helmets around the city. However, choosing not to wear a helmet could come back to haunt you if you are injured in a crash. If you take legal action against the driver who hit you, they might use your lack of a helmet against you.

New York follows a pure comparative negligence rule under C.V.P. Law § 1411. Essentially, if a plaintiff is proven to have contributed to the accident or their injuries, their overall damages may be reduced in proportion to their share of the blame. For example, suppose the court determines that you are 20% responsible for your injuries because you did not wear a helmet. In that case, you may still recover damages and financial compensation, but your award may be reduced by 20%.

This might be very important in bike accident cases where the plaintiff suffered serious head injuries that might have been prevented or at least lessened with a helmet. However, if you do not have any head injuries, it is possible that the lack of a helmet made no difference in your accident and cannot be used to establish comparative negligence.

Who is Liable if I am Injured in a Bike Lane Accident?

Determining who should be held liable for your injuries after a bike accident depends on who is involved. When bike riders are struck by vehicles, the driver is often to blame. So many bike accidents happen because drivers ignore or disregard cyclists. For example, you might be riding through an intersection on a green light when you are hit by a vehicle trying to turn that did not yield to you. Remember, you have the right of way in that situation. When accidents happen in bike lanes, the driver of the car may be held liable because they are not supposed to even be in the bike lane, barring very special circumstances.

According to N.Y.C. Admin. Code § 4-12(p)(2), no driver may operate a vehicle in or across a bicycle lane except when necessary under specific circumstances. For example, vehicles may cross bike lanes when entering or leaving driveways or curbside parking spaces, crossing intersections, turning within intersections, complying with traffic directions from law enforcement, or avoiding obstacles or accidents when they appear fewer than 10 feet away.

Even though it is more typical for drivers to be at fault for bike accidents, you should not assume that your case will go your way. Hiring an experienced attorney who knows how to handle bike accident claims is your first step toward getting fair compensation and holding the negligent driver responsible.

Contact Our NYC Bicycle Accident Attorneys After a Collision

Call (718) 841-0083 and ask our Bronx bicycle accident attorneys at The Carrion Law Firm for a free, private case evaluation to get started.

New York City has many businesses, activities, and sights to see, with many of them requiring waivers before participation to protect the business from lawsuits.  Whether you are talking about access to a gym, an escape room, a haunted house, bungee jumping, or some other activity, a waiver might be required – but it might not always be enforceable.

New York law does generally allow waivers to be enforced, but there are some strict requirements.  First and foremost, there needs to be clear language that what you signed is in fact a waiver; hidden fine print and confusing language might make the waiver unenforceable.  Second, waivers are not allowed for certain industries.  Lastly, there may be ways to sue that are not covered by a waiver in the first place.

For help with an injury case in NYC, call the NYC personal injury attorneys at The Carrion Law Firm today at (718) 841-0083.

Blocking Waivers for Ambiguous or Confusing Language in NYC

Waivers cannot be enforced if they are not clearly waivers.  There is a lot of typical language used in waivers to highlight exactly what the waiver is requiring – that you give up your right to sue the other party for injuries.  When different language is used or the waiver is buried somewhere inside another document, such as a rental agreement, the waiver might become unenforceable.

Headers and titles on documents are important for letting people know what document they are signing in the first place.  If you are handed a contract that says “Rental Agreement” at the top, then you would likely have no clue that the third to last paragraph was actually a waiver of liability for the item you are renting.  Instead, waivers often need to be separate documents or have a header calling the section a Liability Waiver, Release of Liability, Exculpatory Agreement, or some other such language that clearly indicates it is a waiver.

The language used in the waiver also needs to be clear and unambiguous.  If there is a lack of clarity in what rights the signer is giving up by signing it, then it might be thrown out in court or potentially reinterpreted by the court to not actually give up any rights.  The language in a waiver will usually say that it “releases” the party from liability or that the signer will “indemnify and hold harmless” the other party.  This language might be confusing to you, though, so it is always best to discuss a waiver with our Queens personal injury lawyers before signing it.

If you are unclear or unsure about a waiver, it is best not to sign it.  This may block you from being allowed to participate in the activity, but that might be better at the end of the day than getting injured and locking yourself out of a lawsuit.  However, there are some other things that might help you get around a waiver, too.

Can You Negotiate a Waiver Before Signing It in NYC?

You can always try to negotiate or change any contract before signing it.  In many cases, this will require the business or company to accept the changes – and they might be unwilling to do that.  Companies can deny you access to their facilities or activities if you do not want to sign the waiver they give you, and they are under no obligation to amend or modify the language.  However, you can always ask them or see if they will let you participate without the waiver.

What Businesses Can’t Use Waivers in NYC?

New York law actually blocks waivers from being enforceable in certain businesses.

First, G.O.B. Law § 5-326 says that waivers for swimming pools, gyms, and public amusement spaces are not allowed or enforceable.  In fact, upon passage of this law, the government effectively undid all such waivers as well.  This statute states that these waivers are “against public policy,” which is an argument that can be made to make other waivers unenforceable, too.

Courts are also unwilling to enforce waivers that are generally “against public policy” in other fields.  This usually bars waivers from being enforceable for places and services that should be accessible to the public, like public transit.  While you certainly do not need access to the subway to get around and there are alternatives, it would be against public policy to block every rider from accessing this public service unless they sign a waiver first.  In contrast, something completely unnecessary, like a skydiving experience, is usually allowed to have a waiver.

Other arguments about public policy might make waivers for certain types of liability or other issues unfair and block enforcement of a waiver in those situations, too.  This could include making waivers for a child’s death unenforceable or waivers for gross negligence void.

Is a Waiver on a Ticket or Sign Enforceable in NYC?

Some tickets and admission paperwork will say something on it about how using the facilities is done at one’s own risk.  Similarly, signs and posters at a location might say that you participate at your own risk or that they are not liable for supervising children or preventing injury.  In some cases, these might work, but they are not the same as a signed waiver.

In these cases, there is no “meeting of the minds,” and there is no contract in place to waive liability.  Certainly, the business will argue that the poster was in a place that was obvious and easy to see, but it might be possible you never saw it and thus never could have agreed to such terms in the first place.  It is also possible that, given the chance to sign the waiver, you might have rejected it, but you did not get the same chance to make that decision about a poster or fine print on your ticket.

Call Our Personal Injury Attorneys in NYC Today

If you were hurt in an accident, call The Carrion Law Firm at (718) 841-0083 for a free case review with our Bronx, NY personal injury attorneys.

Understanding New York’s approach to joint and several liability is important, especially if multiple parties share fault for your injuries and damages.

In New York, joint and several liability is limited. Defendants are only liable for their portion of a victim’s non-economic damages unless the case meets an exception to this rule, like car accident lawsuits. Our lawyers can explain how this legal doctrine might factor into your case and how your damages might be impacted by New York’s comparative fault laws. After an accident takes place, we can begin investigating to identify any and all parties who might have contributed to it. We can then prepare and file your claim within the three-year window for personal injury lawsuits in New York, keeping track of your economic and non-economic losses throughout that time.

To get a free and confidential evaluation of your case from our New York personal injury lawyers, call The Carrion Law Firm today at (718) 841-0083.

How Does Joint and Several Liability Work in New York Injury Claims?

Joint and several liability is a legal doctrine that helps victims recover full compensation for their damages from whichever at-fault party has the most money to pay. It’s applied in cases that are too complicated to parse out liability, and where it is hard to tell which defendant is more at fault for an incident or when two or more parties’ liability is actually inseparable.

For example, suppose there was a car accident involving three drivers, and two of them acted negligently, causing an accident that injured the third. If accident reconstruction cannot determine which of the two negligent drivers initiated the accident, the victim could hold both drivers jointly and severally liable. Or, if accident reconstruction shows that the combination of negligent acts caused the accident, you could hold both drivers liable.

Joint and several liability might also factor into other claims, such as defective product accidents where several parties along the supply chain may have been negligent, contributing to the accident. For example, if the manufacturer and the distributor were jointly and severally liable, you could hold one party liable for the full damages.

Joint and several liability usually allows you to get all compensation from either defendant, but only up to a point. Under C.V.P. Law § 1601, a defendant is only liable for their share personal of the victim’s non-economic damages when they are 50% or less at fault for an accident in New York. There are some exceptions to this, and our lawyers can see if they apply to your claim when initially reviewing your case.

Claims involving multiple liable parties are complex and may involve more evidence and information for our Harlem, NY personal injury lawyers to process. Regardless of how many people or entities share fault for your injuries and damages, you will have three years to file your claim under § 214(5). Missing the deadline would bar you from recovering damages from any at-fault parties in New York, and our lawyers can prioritize preparing and filing your case on time.

How Does Joint and Several Liability Work Differently Than Comparative Fault in New York?

New York is a pure comparative fault state under § 1411. Victims who share fault for injuries can sue, but the amount they recover will be reduced in proportion to their percentage of blame. This is a common issue in especially complicated car accidents involving several drivers.

If a significant percentage of fault is allocated to a victim, the fault attributable to the other liable parties would be reduced. For example, if a victim is found to be 40% negligent, they could still sue but would only recover 60% of their damages. When several at-fault parties are involved in a lawsuit, comparative fault might complicate matters further. In these situations, further investigation into the incident may be necessary, often with help from accident reconstruction experts.

To ensure defendants are held appropriately liable, our lawyers can interview eyewitnesses to preserve their statements. We can use expert testimony, medical records, incident reports, photographs from the scene, and any available surveillance footage to undermine arguments that you contributed to your injuries.

When accidents are very complex and assigning fault becomes more difficult, defendants might have more room to argue that a victim contributed to the accident. Anticipating this from the get-go and planning to address comparative fault defenses is crucial so that victims make full financial recoveries following accidents in New York.

Does Limited Joint and Several Liability Apply to All Personal Injury Claims in New York?

The limited joint and several liability rules that make defendants only liable for their share of non-economic damages do not apply to all cases in New York.

Defendants may be jointly and severally liable for victims’ non-economic damages for motor vehicle accidents, including motorcycle accidents, under § 1602(6). Because New York is a no-fault state, victims already have to pass a serious injury threshold to sue for car crashes, so those able to sue likely experience considerable pain and suffering as well. Injuries that warrant litigation for car accidents include dismemberment, serious disfigurement, fractures, and certain non-permanent injuries, according to I.S.C. Law § 5102(d). Being able to recover full non-economic damages from either liable party is crucial for car accident victims with debilitating injuries that affect their quality of life.

Limited joint and several liability does not apply to cases involving injuries caused by reckless disregard for another person’s safety or certain product liability claims, among other claims.

Because these rules are so complicated, it’s important to get help from our lawyers; otherwise, you might not hold all negligent parties accountable, which could affect the compensation you receive at the end of your case.

Call Our NY Lawyers About Your Injury Case Today

Call the Elmhurst, NY personal injury lawyers of The Carrion Law Firm to discuss your case for free at (718) 841-0083.

People can get badly hurt from a nasty slip or fall. Injuries like broken bones, nerve damage, and brain injuries can all happen from slips and falls, and treating those injuries is not cheap. Many people who get hurt from slips and falls know they want to sue right away, but they may not know who to go after.

Liability for slipping or falling injuries is determined by figuring out who caused the accident. Often, a property owner is responsible for these kinds of accidents that happen on their premises, but other parties may also be liable for your injuries depending on the circumstances.

Get a free review of your claim from our New York slip and fall lawyers by calling The Carrion Law Firm at the number (718) 841-0083.

Premises Liability in New York Slip and Fall Cases

Many slip and fall lawsuits will be pursued under a premises liability framework. “Premises liability” is the area of law that deals with injuries that are the result of dangerous conditions on someone’s property. Essentially, property owners must keep their property safe for people who may enter it. The degree to which they must keep their property safe is going to vary from state to state. In New York, property owners, in general, must keep their premises safe and free of hazards. However, under G.O.B. Law § 9-103, premises do not need to be kept safe for “hunting, fishing, or organized gleaning.” Even still, property owners can be liable for injuries that happen on their property from those activities if the danger was brought about by willful or malicious conduct per § 9-103(2)(a).

In the case of a slip and fall injury, it is largely going to depend on the nature of the hazard that caused the fall, whether the property owner warned about the hazard, and other factors that determine whether a property owner is liable for your injuries. Thus, our Brooklyn, NY slip and fall lawyers will need to look at the specifics of your case to determine liability.

How Can Property Owners Be Liable for Slip and Fall Injuries in New York?

There are many different reasons why a property owner may be liable for a slip and fall injury. Of course, different properties are going to have different potential hazards, but some of the common ways that a defendant could be liable in a slip-and-fall case include:

Wet Floors

Someone slipping on a wet floor in a supermarket is probably the quintessential slip and fall accident. While a slip on a wet puddle of liquid may not seem like a big deal, people can get seriously hurt from those slippages. At a minimum, a property owner probably has to put out a “wet floor” sign or something similar if there is a wet spot that someone could slip and fall on. Even if they do that and take no other steps, they may still be liable if they do not clean up the spill in a timely fashion.

Dangerous Stairways

Stairways that are dangerous for one reason or another are common causes of slip and fall accidents. If a stairwell is poorly lit, overly steep, or the stairs are old and need to be replaced, someone could easily fall and hurt themselves. If a property owner was aware of this and did nothing to fix the problem or warn other people about it, they could be liable for your injuries.

Construction Work

Property owners must keep not only their buildings but also the surrounding area safe. For example, if a property owner is having work done on their building, they need to warn of the dangers of ongoing construction, like uncleared debris and other hazards. If someone then enters their property and gets hurt, they could be liable for their injuries.

Comparative Negligence in New York Slip and Fall Cases

New York law determines liability using something called “pure comparative negligence” when determining which parties are liable for a plaintiff’s injuries. “Comparative negligence” is the idea that a plaintiff can be partially responsible for their own injuries. Historically, this meant that many plaintiffs would be out of luck if they tried to recover damages. However, under C.V.P. Law § 1411, plaintiffs who are partially liable for their own injuries can still recover damages, but those damages will be reduced based on how much they are at fault. So, a plaintiff who is 20% at fault for slipping and falling down would recover 80% of what they otherwise would.

Many states that use comparative negligence bar plaintiffs from recovery if they are more than 50% liable for their injuries. New York’s “pure” comparative negligence rule, however, does not have that percentage threshold.

Examples of Comparative Negligence in New York Slip and Fall Cases

Comparative negligence is determined on a case-by-case basis. However, some circumstances may be more likely to have a finding of comparative negligence than others.

For example, suppose the plaintiff is looking at their phone and has headphones in while walking on a sidewalk. As they walk by a store, the sidewalk is in a state of disrepair and extremely trepidatious. Forgetting to pay attention, the plaintiff slips and falls, hurting themselves. In this case, while the property owner is probably still primarily responsible for the plaintiff’s injuries, the plaintiff probably contributed a little bit by not paying sufficient attention to their surroundings.

Again, a plaintiff’s responsibility for their own injuries will vary in each case, so it is best to have our lawyer figure it out for your particular claim.

Talk to Our New York Slip and Fall Injury Lawyers Today

The Carrion Law Firm’s Flatbush, NY slip and fall lawyers can review your claim for free when you call our office at the number (718) 841-0083.

People get hurt from slipping and falling over every day. While nasty injuries do not always come to mind when you think of slipping and falling down, the reality is that people do suffer incredibly serious injuries like nerve damage, broken bones, and more from slipping accidents. You can, of course, sue defendants for these injuries, but some plaintiffs may be worried that the court may find out that the accident was partially their fault,

You are able to file personal injury lawsuits in New York when you are partially at fault. However, your damages may be reduced based on how much of a hand you had in the accident. Depending on the circumstances of your claim, this could significantly diminish the damages you get from the defendant.

To get a free review of your claim from our New York slip and fall accident attorneys, call The Carrion Law Firm by dialing (718) 841-0083.

Are You Allowed to Sue After a Slip and Fall Where You Are Partially at Fault in New York

You are absolutely able to retain our Albany, NY slip and fall accident lawyers, file your claim, and sue someone for your injuries if you think you are partially responsible for them in New York. There is nothing barring plaintiffs from suing for injuries they may have had a hand in causing themselves. However, when you do so, be aware that opposing counsel will probably find out that you were partially responsible for the accident, and they may act more aggressively or pursue their own line of argument differently.

What Are the Consequences of Being Partially at Fault for a Slip and Fall Accident in New York?

Some states use an antiquated rule called “contributory negligence,” which totally prevents a plaintiff from recovering damages if they are even a little responsible for their own injuries. Fortunately, New York does not use that rule. Instead, under C.V.P. Law § 1411, plaintiffs who are partially responsible for their own injuries have the damages they receive reduced based on the percentage of the accident they were responsible for. So, if you are seeking $100,000 in damages but are found to be 20% responsible for the slip and fall, you will get $80,000 in damages. This does not stop you from being able to sue for the defendant’s share of damages even if you are mostly at fault.

Navigating a Slip and Fall Accident Where You Were Partially at Fault in New York

If there is a chance that the court will find you were partially at fault for your accident, it is important that you and our lawyers handle the case carefully. It is important to the success of your case to emphasize the true cause of your injuries – the defendant’s negligence – and have the court understand the extent of any responsibility you may have had in the accident.

Do Not Downplay Your Case

One of the biggest pitfalls plaintiffs may fall into when pursuing a case is using language that diminishes the reality of their situation. Even innocent-sounding language like “my bad” or “I could have been more careful” can be used by insurance providers and defense attorneys to try and make it seem like the accident was more your fault than the defendant’s. Therefore, you should be confident in your claim and the strength of your evidence.

Of course, you must – at all times – tell the truth to the court. Withholding information or misleading the court is one of the worst possible things you can do. Our lawyers can work with “bad facts” or information that may make it seem like part of the accident is your fault. On the other hand, it is extremely hard to be successful in a claim where one party has lied to the court.

Focus on the Strengths of Your Lawsuit

An important thing to remember when a defendant is trying to show that you were partially responsible for an accident is that statement only means so much. At the end of the day, the defendant caused your injuries, and opposing counsel is trying to do damage control to help their client. As long as you and our lawyers focus on the strength and merits of your claim, there is a better chance that you will get a positive outcome from the court, even if you were partially responsible for the accident.

Examples of New York Slip and Fall Accidents that May Result in Partial Liability

A plaintiff being partially responsible for an accident but still winning their case and getting all the compensation they need may be more common than you think. Some situations that may lead to slipping or falling lawsuits where comparative fault comes into play include:

Ignoring or Not Noticing Signs

A common reason that defendants attempt to attribute fault to a plaintiff is the presence of a sign warning of danger, like a “wet floor” or “caution” sign. Indeed, property owners have a duty to warn of dangers, and placing a sign is an important part of fulfilling that obligation. If counsel for the defendant can prove that the plaintiff did not see a warning sign or ignored it, the plaintiff may be found to be partially at fault for their injuries.

However, that pendulum can swing both ways. If, say, the sign was not in a clearly visible location, the plaintiff may not be as responsible for the accident as the defendant thinks.

Not Attempting to Prevent Injury

If there was something the plaintiff could have done to try and lessen their injury, opposing counsel may try and use that to hurt your case. For example, if you slipped on rickety, worn-out stairs, but there was a handrail available that you did not use to stop your fall, the defendant may try and use that fact against you. However, remember that the onus is on the defendant to keep their premises safe, so any steps to mitigate the injuries you allegedly did not take can be outweighed by the defendant’s negligence.

Talk to Our New York Slip and Fall Accident Attorneys Now

The Brookhaven slip and fall accident attorneys from The Carrion Law Firm can provide free case reviews when you call our office at the number (718) 841-0083.