Articles Posted in Traffic Accidents

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Pedestrian-Body

Pedestrian knockdowns on New York sidewalks are a frightening experience for the victims because the accident usually comes out of nowhere when the victims believe they are in the relative safety of a sidewalk. As reported by CBS New York, a 2-year-old, a 3-year-old and their mother were hit by a car that jumped a curb in Far Rockaway, Queens Wednesday. The victims were all taken to a local hospital, the extent of their injuries is unknown at this time. The driver of the offending vehicle was taken into custody by the New York City Police Department.

Due to New York City’s massive size and heavy traffic, accidents causing severe injury to pedestrians occur frequently. Injuries to pedestrians who have been hit by a vehicle are often debilitating. Common injuries include broken bones, internal bleeding, and brain damage. Furthermore, pedestrians represent half of the fatalities caused by traffic accidents in New York City. A study by the New York City Department of Transportation from 1996 through 2005 found that 1,944 pedestrians were killed in traffic accidents. The injuries suffered by a pedestrian who has been hit by a vehicle may permanently alter the course of their life.

The attorneys at Queller, Fisher, Washor, Fuchs & Kool take pedestrian accident cases for injuries sustained in car, truck, bus, motorcycle, scooter, bicycle, and train accidents. If you were injured while walking in New York City, our firm will give you a free consultation to learn about your legal options. To see if you have a valid claim, call (212) 406-1700 or contact us online.

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A tractor-trailer collided with a bus on the New Jersey Turnpike at approximately 12:30am on Friday. According to a report by CBS New York, the accident occurred in the southbound lane in West Deptford Township. The bus was traveling from New York City to Virginia, Georgia and North Carolina. As a result of the collision, the bus flipped onto its side resulting in injuries to over 30 passengers.

Due to their massive size, buses can cause devastating injuries to other drivers and their own passengers when they are involved in an accident. Passengers may sustain life-altering injuries, such as broken bones, amputations, severe head trauma resulting in brain damage, lacerations, and burns; in some cases injuries resulting from a bus accident can prove fatal.

In the reported accident, it is unclear whether the bus or the tractor-trailer was at fault. Often, the fault will be shared among the offending vehicles to the benefit of the injured passengers, who are innocent victims in this type of accident.

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Individuals who have been involved in a truck accident can suffer major injuries that will affect them for the rest of their lives. Due to the massive size of semis and 18 wheelers, truck accidents often inflict catastrophic injuries on the individuals involved, such as spinal cord fractures, amputations, brain injuries, or burns. Many of the catastrophic injuries inflicted in truck accidents can result in death. Catastrophic injuries suffered in a truck accident may also force victims and their families to face significant financial strain, often due to lost wages or costly medical bills. As a result, truck accident victims and their families may be entitled to compensation for any damages they suffered. At Queller, Fisher, Washor, Fuchs & Kool, our New York truck accident lawyers have been defending the rights of accident victims for over 50 years. Our personal injury attorneys understand the emotional, physical, and financial pain that a truck accident can inflict on victims and their families. We’ll do everything in our power to expedite the legal process and get our clients the compensation they may deserve. There are many things you need to do if you have been involved in an accident with a truck.
As a quick guide, these are the Top 5 things you should do if you are in a truck accident:
1. Make sure that everybody involved is safe and, if not, call 911 immediately. Trucks are very heavy motor vehicles and a truck accident often involves a collision with a tremendous amount of force. Your health and the health of anyone involved in the accident are of the utmost importance and should always be the first priority. You should make sure everyone is safe and take any steps necessary to make sure everyone remains safe following an accident. If you or someone involved is injured, 911 should be called immediately.
2. Call the Police. When the police arrive, tell the police officer what happened as truthfully and accurately as possible. Do not make any guesses and do not speculate. It is better to say that you are not sure about something than guess wrong. If you are injured, tell the Police Officer where you are hurt. Sometimes, injuries are not always apparent at the scene of the accident. If you are not sure if you are hurt, it is better to tell the police officer you are not sure than to say you are not hurt. Also, listen to what the other people at the scene are saying and make sure they are saying things accurately. Tell the police officer if you disagree with what someone is saying. Remember to get all the information about the police officer, precinct, etc. so you can obtain the police report later on.
3. Exchange Information. This is where a truck accident can greatly differ from a car accident. Nowadays, trucks and trucking companies often have “Accident Kits” in the event the truck is involved in an accident. These kits will include a camera, a pre-printed accident report, and instructions for the driver, including how to answer questions from the police and exchange information with other drivers. In addition, truck drivers have direct communications with dispatchers and supervisors who can and will direct them on how to handle an accident. Being aware of these possibilities, it is best for you to be on your guard with your answers and communicate through the police. If the truck driver is stating something that is blatantly incorrect, let the police know. You should also take pictures of the damage if you have the ability to do so prior to leaving the scene. Sometimes, a trucking company representative will come to the scene of the accident and conduct their own investigation, which often involves an attempt to shift the blame away from the truck driver. Again, it is important to be mindful of the training and intention of both the truck driver and any representative. If the police do not come, it is important to get the full names, addresses and telephone numbers of all people involved. If there were witnesses, it is critical to get their information as well so they can be contacted, if necessary, to verify how the accident occurred.

4. Seek Medical Attention. If you are injured or suspect that you might be injured, call an ambulance and go to the Hospital. When injuries occur in a truck accident, often emergency medical treatment is necessary and time may be of the essence in making sure that you receive the necessary and proper treatment for your injuries. The Police will often call the ambulance after assessing the situation. Also, this may become important to document where you have been hurt and the causal relationship between your injuries and the accident.

5. Contact an Experienced Attorney. If you are injured in a truck accident, it is critical for you or a family member on your behalf to contact an attorney who specializes in personal injury cases involving automobile accidents. The attorney will be able to conduct a thorough investigation, obtain all documents and photographs, and insure all paperwork is properly filed. This will allow you to do what is most necessary for yourself – recover your health and take care of your injuries without worrying if your rights are adequately protected.

Individuals who have suffered an injury in a truck accident should not hesitate to seek the counsel of an experienced motor vehicle accident attorney. Taking too much time to secure legal counsel can result in a failure to comply with the statute of limitations. The statute of limitations is a law that states the amount of time injured individuals have to file a claim following an accident. Failure to file a claim before the statute of limitations expires can result in injured individuals being forever barred from receiving the compensation they may deserve. As a result, it is important that victims of truck accidents take steps to hire an attorney as soon as possible. At Queller, Fisher, Washor, Fuchs & Kool, we understand the time constraints imposed by the statute of limitations. Our lawyers handle all of our clients’ claims in a timely manner to ensure they are eligible to recoup the compensation they may entitled.
For a free consultation with our truck accident lawyers in New York, send an email or call us at (212) 406-1700.
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Car accidents can have long term negative effects on injured individuals and their families. Victims of car accidents may face debilitating injuries, such as brain damage, burns, broken bones, amputations, and internal bleeding. The injuries suffered in car accidents may force the victims and their families to face a number of hardships, such as emotional and financial strain. In addition to severe injuries, car accidents often prove to be fatal. There are many things you need to do if you have been involved in a car accident.
As a quick guide, these are the Top 5 things you should do if you are in a car accident:

1. Make sure that everybody involved is safe and, if not, call 911 immediately. Your health and the health of anyone involved in the accident are of the utmost importance and should always be the first priority. You should make sure everyone is safe and take any steps necessary to make sure everyone remains safe following an accident. If you or someone involved is injured, 911 should be called immediately.

2. Call the Police. When the police arrive, tell the police officer what happened as truthfully and accurately as possible. Do not make any guesses and do not speculate. It is better to say that you are not sure about something than guess wrong. If you are injured, tell the Police Officer where you are hurt. Sometimes, injuries are not always apparent at the scene of the accident. If you are not sure if you are hurt, it is better to tell the police officer you are not sure than to say you are not hurt. Also, listen to what the other people at the scene are saying and make sure they are saying things accurately. Tell the police officer if you disagree with what someone is saying. Remember to get all the information about the police officer, precinct, etc. so you can obtain the police report later on.

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An 11-year old girl was in the crosswalk when she was struck and run over by a school bus on Wednesday afternoon. According to CBS New York, the accident occurred around 3:30 p.m. at Nostrand Avenue and St. John’s Place in Crown Heights, Brooklyn. According to an eyewitness report, the girl was in the crosswalk when the bus turned into her. She was struck and run over by the bus sustaining serious head trauma. She was taken to the hospital in serious but stable condition.

Due to their massive size, buses can cause devastating injuries to other drivers and their own passengers when they are involved in an accident. Passengers may sustain life-altering injuries, such as broken bones, amputations, severe head trauma resulting in brain damage, lacerations, and burns; in some cases injuries resulting from a bus accident can prove fatal. In many instances, the accident and subsequent injuries could have been avoided if not for the bus driver or manufacturer’s negligence. As a result, individuals who have suffered a severe injury in a bus accident may be entitled to compensation. At Queller, Fisher, Washor, Fuchs & Kool, our New York bus accident lawyers are committed to defending the rights of individuals who were unnecessarily injured due to the negligence of a bus driver or company. We understand the devastating impact that a severe injury suffered in a bus accident can have on a victim’s life. To help ease the financial burden that victims may face, our attorneys will pursue compensation for any lost wages, medical bills, and pain and suffering our clients suffered in the accident. Additionally, we pursue compensation for victims’ families through wrongful death lawsuits when bus accidents end in fatalities.

Queller, Fisher, Washor, Fuchs & Kool will give you a free review of your legal options if you have suffered an injury in a bus accident. To see if you have grounds to file a claim, call (212) 406-1700 or contact us online.

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Yet another fatal pedestrian accident has occurred in New York City. This time, a woman was crossing Caton Avenue at St. Paul’s Place in the Prospect Park South section of Brooklyn. According to CBS New York, the accident happened at around 8:25pm on Wednesday evening. The offending vehicle was an auto transport truck. Apparently, the driver was unaware that he had struck and killed the pedestrian until he was advised by the New York City Police Department

Recently, the New York City Department of Transportation trumpeted how the Mayor’s Vision Zero program as having reduced the number of traffic deaths in 2016. However, this failed to acknowledge that the number of fatalities to pedestrians in traffic accidents actually increased.

When an individual dies after being struck by a vehicle, their family may have grounds to file a wrongful death lawsuit. As with a regular negligence lawsuit, families filing a claim for wrongful death can recoup compensation for economic and non-economic damage. The compensation families can recover includes but is not limited to lost wages, medical bills, funeral costs, pain and suffering the victim suffered before death, loss of consortium, and loss of parental guidance.

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Car accidents can have long term negative effects on injured individuals and their families. Victims of car accidents may face debilitating injuries, such as brain damage, burns, broken bones, amputations, and internal bleeding. The injuries suffered in car accidents may force the victims and their families to face a number of hardships, such as emotional and financial strain. In addition to severe injuries, car accidents often prove to be fatal. According to a report by New York City officials, in particular the New York City Department of Transportation, traffic deaths in New York City dropped to a record low number of 229 in 2016, down from 235 in 2015. However, pedestrian deaths increased from 139 in 2015 to 144 in 2016.

In a report by CBS New York, the City is claiming success for their Vision-Zero program as a reason for the decrease in traffic deaths. This simplistic analysis fails to take into account the fact that pedestrian deaths increased, cars are increasingly more equipped with safety features designed to protect occupants, the successful medical treatment of traumatic injuries has increased, and any number of other factors which could be responsible for such a negligible decrease in the number of traffic fatalities. A more practical and meaningful number would be the percentage of vehicles on the streets of New York City in 2016 which were involved in accidents in which a person was injured and/or killed as compared to 2013, 2014 and 2015. Otherwise, this report does not withstand any reasonable scrutiny.

Due to the complex process involved in recovering compensation for a car accident related injury, it is within the best interest of victims to hire a skilled attorney. A reliable car accident lawyer will handle the filing of the No-Fault claim and negotiations with the insurance company. Furthermore an attorney will handle all aspects of the legal proceedings including, taking pictures of the scene of the accident, interviewing witnesses, review the police report and medical records, hire medical experts to testify on behalf of the victim, and pursue maximum compensation for the victim’s losses. At Queller, Fisher, Washor, Fuchs & Kool our attorneys have been defending the rights of car accident victims for the last five decades. Our attorneys have excelled at proving liability. We have secured many multi-million dollar verdicts and settlements in auto accident cases.

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The partners of Queller, Fisher, Washor, Fuchs & Kool, LLP congratulate our partner, Dallin M. Fuchs, on his recent settlement of this pedestrian knockdown case in Brooklyn, New York. The accident at issue occurred on Veterans Boulevard in Massapequa near the intersection of Ocean Avenue when the infant-plaintiff was struck by a Volkswagon sedan driven by an 18-year old woman and owned by her mother. The infant-plaintiff, a Brooklyn resident, was 14-years old at the time of the accident. He sustained a fracture of both his tibia and fibula of his left leg requiring an Open Reduction Internal Fixation(ORIF) surgery with hardware.

The liability in this case was strongly contested as the defendant driver claimed that the infant-plaintiff “darted out” between two parked cars and that the accident was completely his fault. This case went to trial on 2 separate occasions. The first trial resulted in a mis-trial due to jurors being lost in the middle of the trial. At the second trial, shortly after jury selection, Mr. Fuchs was able to demonstrate to the defense, through prior sworn trial and deposition testimony, that the driver failed to observe the infant-plaintiff and could have avoided the accident had she been paying proper attention. Immediately prior to opening statements in the second trial, the matter was resolved for $450,000.

The excellent results in this matter serves to underscore the difficulties often encountered in car accident cases involving pedestrians ans the need for counsel experienced in handling these matters. The issue of whether the driver of a car in a pedestrian accident was negligent rests on many different factors. An individual may have been standing, walking, jogging, or running when injured, but neither of these factors alone will ever be enough to prove a driver acted negligently and is liable for resulting injuries. A person may have been within a crosswalk or outside of it at the time of the accident, but these facts standing alone will not determine whether and to what extent the driver was negligent. Rather, the issue of negligence requires a careful investigation, analysis, and presentation of all of the relevant contributing factors to an accident. When all of the factors that relate to an accident are considered together, one realizes that almost no two accidents are identical. The skilled attorney must discover, expose, and be ready to present the combined facts to a jury in a manner that is likely to convince a jury, based on a preponderance of the evidence, that it is more likely than not that the operator of the vehicle failed to use reasonable care under the particular circumstances of the accident. Absent the experience and expertise to do this, one cannot expect to garner a favorable settlement or verdict on behalf of a victimized pedestrian.

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Head on collisions can have devastating, life-altering consequences for all individuals involved. When a vehicle enters the opposite lane of oncoming traffic, a head-on collision or a “Cross-over accident” occurs. According to a report by CBS New York, this is what happened Thursday night at Boston Road and Wallace Avenue in the Allerton section of the Bronx. The police reported a Toyota Camry heading south on Boston Road swerved into the northbound lane, striking a Chrysler Town and Country minivan. Both vehicles then smashed into an empty parked sport-utility vehicle, that ended up being knocked up onto a bench. A 21-year old Bronx resident was killed and 4 other people were injured. The offending driver fled the scene but was apprehended by the NYPD at Jacobi Medical Center as he was seeking medical treatment.

These types of car accidents can result in debilitating injuries and are fatal in some cases. In addition to suffering serious injuries, victims of head on collisions may be forced to face financial hardships. A head on collision can cause individuals to miss significant time at work, face high medical bills, and result in lasting physical and emotional pain. Fortunately, New York state law allows individuals who have suffered injuries in a head on collision to file a lawsuit to recoup compensation for damages. Individuals who have been injured in a head on collision should seek the counsel of an experienced car accident lawyer. At Queller, Fisher, Washor, Fuchs & Kool, our car accident attorneys realize that a head on collision can drastically change the lives of the individuals involved. As a result, we pursue maximum compensation for all of our clients.

Have you or someone you love suffered an injury in a head on collision? If so, you may be entitled to compensation. For a free, no obligation case review, call 212-406-1700 or contact us online. Queller, Fisher, Washor, Fuchs & Kool take cases on a contingency fee basis, meaning clients will not be charged unless there is a recovery.

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The rash of hit-and-run accidents that seemed to plague New York City in 2016 has apparently continued into 2017. This time, 29-year old Hermanda Booker was struck was crossing Kings Highway near Nostrand Ave. in Midwood at about 6:45 a.m. when she was struck by a white SUV. The SUV fled the scene and officials are still looking for the vehicle according to a report by CBS New York. After she was truck by the SUV, she was then run over by an empty yellow school bus attempting to make a left turn from Kings Highway onto Nostrand Ave.

New York hit-and-run accidents often involve a drunk driver, an unlicensed or uninsured driver, an unauthorized driver of a borrowed or stolen car, a driver fleeing from police or a driver embroiled in an aggressive driving incident such as road rage. Bicyclists and pedestrians are some of the most likely accident victims of hit-and-run drivers, according to a report by the U.S. Department of Transportation, which found almost one in five pedestrian and bicycle accident fatalities was caused by a hit-and-run driver. Failure to stop after an accident – and an at-fault driver’s failure to provide assistance and ensure that medical help is called following an accident – is not only grossly negligent, but can increase the risk of serious injury or death.

Our cases are taken on a contingency fee basis. If we accept your case, there is no fee unless we recover damages for you. For a free consultation with our New York personal injury attorneys, please call 212-406-1700 or contact us online.