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New York City Personal Injury Lawyers

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New York City Personal Injury Lawyers

Collision between Unlicensed Cab Driver and Bicyclist Results in Fatality

An unlicensed livery cab driver was recently arrested after he fatally struck a bicyclist in East Harlem on the morning of August 18, 2014.

According to the NYPD, the 65-year-old cab driver was headed south on Park Avenue alongside the 25-year-old bicyclist at about 5:15 a.m. When he turned his vehicle left onto East 108th Street, he struck and fatally injured the cyclist.

The collision resulted in the cyclist being dragged for approximately 80 feet along 108th Street before the cab driver’s vehicle came to a stop, said police. The young cyclist was rushed to Mount Sinai Hospital where he was pronounced dead. The driver remained on the scene where he was arrested for driving without a license, a right of way violation, and  failure to exercise due care.

Furthermore, other sources have noted that the driver was not registered with the Taxi and Limousine Commission, which is required of all taxi drivers under New York City law. However, it is not immediately clear if the driver had been picking up passengers and taking fares, which would be illegal without a TLC license, or simply driving the car.

Further reports from residents in the area suggest that the area, where the collision victim was killed, has long been dangerous for bicyclists as cars zip up and down Park Avenue.

When someone loses their life through the negligent act of another, a wrongful death claim can often help to give families closure. In a wrongful death case, the personal representative of the estate of a deceased victim may file a lawsuit against those responsible for the person’s death. A court may award the victim’s family damages for associated losses, including lost wages, the cost of care, and many other monetary costs as well as conscious pain and suffering.

If you lost a loved one as a result of a taxi accident or bike accident, please contact our New York City bike accident lawyers to discuss your case.  Our experienced accident attorneys will fight for your rights.



New York City Cyclist Injured After Collision with Bus

In late July 2014, a cyclist on the Hudson River Greenway was severely injured by a NY Waterway Shuttle bus in Hell’s Kitchen (NY Waterway buses cross the greenway to access the 39th Street ferry terminal).

According to New York City Fire Department, the crash took place at 40th Street at approximately 9:42 a.m.  Bystanders reported that the cyclist and the NY Waterway bus collided, thus resulting in the cyclist being dragged under the bus’ front wheel. The bicyclist was transported to Bellevue Hospital and was reported to be in serious condition. When contacted about the incident, the NYPD’s public information department said that office had no official details on the crash.

In 2013 alone, there were 3884 reported crashes involving motor vehicles that resulted in injury to the bicyclist in New York City and the five boroughs. Unofficial sources suggest that two pedestrians and one cyclists may be hit, on average, once an hour in New York City.

Recent data has shown that the major cause for crashes, 40 percent to be exact, was caused by drivers was pulling in front of bicyclist, particularly while attempting to make a right turn just after passing the bicycle. Improper turning on behalf of the driver was reported to cause 15 percent of collisions, while running a traffic light or stop sign resulted in 12 percent of motor vehicle caused bicycle accidents.

If you or a loved one have been injured while on a bicycle, contact a skilled New York bike accident attorney at Ernest Holzberg & Associates for more information on your legal rights and remedies.


A Closer Look at Damages in a Personal Injury Lawsuit

When a person files a personal injury lawsuit in New York State, generally, what he or she is seeking is compensation for the injuries they have sustained and the financial burden caused by those injuries. This compensation is known as damages. Courts will award damages to an injured plaintiff, payable by the defendant or defendant’s insurer, when the defendant is found legally responsible for the plaintiff’s injury.

If the court determines that your injury or accident is the result of someone else’s fault (including individuals, businesses and governments), the court will award monetary damages as compensation. So what exactly do damages cover? For starters, there are two types of damages that may be awarded in a personal injury lawsuit: Compensatory Damages and Punitive Damages.

Compensatory damages are intended to reimburse or “compensate”  the injured victim for what they lost or had to pay for as a result of the accident or injury. The idea behind compensatory damages is that a victim should not be held responsible for the unfortunate results of someone else’s carelessness.

As such compensatory damages can cover medical bills, lost income, and lost or damaged property.  It can also be used to compensate the victim for their pain & suffering, emotional distress, loss of enjoyment as a result of the accident — although these are generally more difficult to place a monetary value on.  These types of compensatory damages are why it is important to hire an experienced personal injury attorney.  The personal injury attorneys at Ernest Holzberg & Associates will help you to evaluate the value of your claim.

Punitive damages may be awarded when the court determines that the accident or injury was the result of a defendant’s particularly reckless, egregious,or outrageous conduct. Punitive damages are be awarded in addition to compensatory damages. Unlike compensatory damages, which protect the victim from bearing the costs that resulted from someone else’s negligence; punitive damages are intended to punish or deter particularly reprehensible negligent conduct (gross negligence).

It is also important to know that a personal injury victim’s own conduct can sometimes effect the amount of damages he or she may be awarded. The State of New York follows a comparative fault rule. This means that when a court determines that both the plaintiff and the defendant were at fault, the court will award damages in accordance to each party’s level of fault.  Essentially, this means the more responsible you are for your injury, less you stand to receive in damages.

For more information about the damages you or an injured loved one may be entitled to, contact the skilled New York personal injury attorneys at Ernest Holzberg & Associates, P.C. to schedule a free evaluation of your claim.


Taxi Jumps Curb Injuring 3 Pedestrians

In Manhattan’s Upper East Side, three people were hospitalized after a cab jumped a curb on the morning of July 5th, 2014.  The driver apparently lost control of his taxi, consequentially endangering the lives of nearby pedestrians.

According to reports, the taxi was traveling southbound on York Avenue between 78th and 79th streets when it slammed into a local hardware store, smashing the storefront’s glass.  Fortunately, however, the cab did not enter the store.

As a result of this sudden occurrence, two pedestrians and the driver suffered minor injuries and were hospitalized for further evaluation. Additionally, a grandmother and a young child, who were in the vicinity of the accident were treated at the scene. The cause of the accident is currently under investigation.

In the event that the taxi driver is found liable or at fault, it is important that all NYC and borough residents and visitors be aware that New York City’s Taxi and Limousine Commission requires that all yellow taxi cabs and all licensed livery cabs carry a minimum of $100,000.00/$300,000.00 in liability insurance coverage. This means that any one person, when injured by or in a taxi cab, has a maximum of $100,000.00 in liability insurance available to them with up to $300,000.00 when several people are hurt. Medical bills resulting from the accident are covered under a separate coverage called Personal Injury Protection (PIP) or No-Fault insurance for which $50,000 coverage is required.  A passenger or pedestrian injured by a taxi must file a written Application for No-Fault coverage within 30 days after an accident.  This is why many accident victims choose to consult a personal injury attorney immediately following an accident.

New York City has over 13,000 yellow taxi cabs that service the five boroughs — not including the numerous licensed livery or “gypsy cabs.” Pedestrians, bicyclists and passengers alike should be aware of the resources available to them should they fall victim to an unfortunate taxi accident.

At Ernest Holzberg & Associates, P.C. we frequently help our clients recover damages for medical bills, pain and suffering, lost wages due to the result of someone else’s careless behavior, including taxi drivers. Contact our experienced New York City taxi accident lawyers for advice regarding your specific situation.