NYC Injury News, Talk & Advice

New York car accidents, personal injury, laws, settlements, tips and more

$360K in car accident trial

Earzel Riddick was injured in a motor vehicle collision Oct. 28, 2012 collision. Riddick was a front seat passenger in a car that had slowed for an ambulance at an intersection in Crown Heights. The car was then rear-ended by Sutherland’s car. The trial Earzel Riddick v. Hugo Sutherland resulted in the jury awarding Riddick $260,000 for future and $100,000 for past pain and suffering.

Riddick’s vehicle lurched forward about a car’s length, in testimony, he was wearing a seatbelt and hit the dashboard in a heavy impact. Emergency responders were summoned to the scene of the collision, but Riddick refused medical attention. His reason: He was worried about an imminent storm and close proximity to his home.

However, according to Riddick, he felt pain the very next day, and went to the ER. As seen in many car accident cases he was given pain medication, sent home and had not had any X-rays. He cited delays in follow-up treatment for his injuries, and alleged that he eventually required three surgeries. The argument in defense was that the claimant suffered significant limitations directly related to the accident.

In the end the jury sided with Earzel Riddick and awarded him 360K for his pain and injury.

personal_injury-NYC

FREE ADVICE:

New York Car Accident Attorney, Paul Ajlouny weighs in, “Delay In Medical Treatment Can Hurt Your Personal Injury Case. We see it all the time. Accident victims do not always necessarily feel injured immediately following a car accident. They feel o.k. after the accident, but then the next day, they feel pain, so then they decide to go see a doctor.

Even if the car accident is the other guy’s fault, and his insurance is offering a settle, your still in jeopardy. In the long run your injuries will be a huge determination of what your awarded. A really good attorney can pursue compensation for damages.” Says Mr. Ajlouny.

 

 

Hit and Run in Queens Leaves Man Dead

Search On For Driver Who Left Man Dead In Queens Hit-And-Run

The accident happened just before 11 p.m. Wednesday at the intersection of 30th Road and 21st Street in Astoria

Police said a 45-year-old man was in the roadway on 21st Street when he was hit by a southbound dark-colored sedan. The vehicle then fled the scene, according to

Emergency responders found the man lying in the road with severe trauma. He was taken to Elmhurst Hospital Center where he was pronounced dead.

Late Thursday afternoon, detectives were going to each corner and checking every building – and every camera – in their effort to track down the offending driver.

According to residents on 21st Street at 30th Road in Astoria, people just speed up and down here all the time. It’s turned into a raceway.
There is no traffic light there, no speed limits, just fast moving traffic and dangerous circumstances to everyone around.

Pedestrians, and drivers both are in danger at this intersection. It’s a known danger; no reason for drivers to slow down. Speed is a given that a driver is going to hit a person.

NYPD is urging the public to come forward, as residents hoped for the city to do more to protect them.

Residents said the city has installed more lights along 21st Street, but clearly not at 30th Road. They hoped the accident would cause that to change.

The identity of the victim has not been released.

Reactions to this accident:

  • We are dealing with a much larger problem. Motorists driving on 21st as if it was a highway. Pedestrians crossing streets, oftentimes in the middle of the road, disregarding oncoming vehicle. No one cares.
  • There needs to be more than one traffic signal installed on 21st Street. Driving on the section between the QBbridge and Astoria Blvd can be harrowing at times, and as a pedestrian, I completely avoid crossing it whenever possible. How many have been killed or injured on that street over the years?
  • We should just close 21st street off to motorists. That will solve the problem. Then pedestrians need only fear bicyclists and mopeds.
  • The police just need to patrol the street and ticket people for speeding. If drivers are not penalized for going over the speed limit, like they do on this street, they will continue to break the law.
  • DOT or any other agency is not responsible for hit-and-run drivers nor their actions. As reprehensible as the act is, the (stupid) accusation equates to someone using a hammer and being responsible for the guy on the other side of the city taking a bath and splashing water.

Queens car accident lawyer, Paul Ajlouny weighs in on this accident, “All measures need to be taken to ensure the safety of pedestrians at this intersection, DOT needs to take another look at the intersection for potential safety enhancemen­ts.

No matter what, drivers need to abide by the law and drive safely. Bottom line intersections can be very dangerous areas, for drivers, cyclists, and pedestrians. Wake-up New York. ” Says Mr. Ajlouny.

 

Weekend Hit-And-Runs In NYC

Over the weekend, three people have  died in the hit-and-run incidents.

Sunday a car struck a pedestrian at Fifth Avenue and Ninth Street in Park Slope, Brooklyn.

The driver ran a red light and hit a man crossing Fifth Avenue and fled the scene, according to NYPD

The man was taken to the hospital where he was pronounced dead.

This accident was one of many hit-and-run crashes across the city over the weekend.

  • A Brooklyn crash, according to NYPD to the life of Besik Shenglia who was hit by an unidentified vehicle on 111st Street in Ozone Park, Queens.
  • On Sunday, Jose Contreras was struck and killed by a SUV near the entrance of the Cross Bronx Expressway at Webster Avenue in the Tremont section of the Bronx. The SUV kept going, police said. Contreras was taken to Saint Barnabas Hospital where he was pronounced dead.
  • In the SoHo, a 30-year-old man was struck and seriously injured at 568 Broadway near Prince Street around 3:30 a.m. Sunday.
  • In Queens, a 22-year-old woman was hit by a car at Guy Brewer Boulevard and 119th Avenue in South Jamaica.

Paul Ajlouny, New York car accident lawyer weighs in , “It never ceases to amaze me how anyone can hit someone with their car just keep driving off.  Leaving the scene of an accident is just plain stupid.  You will only make matters worse for yourself!” Paul Ajlouny said.

Police Chase Crash

Car Accident? Ask A New York Lawyer.

In 2014 the City Council passed a bill fining hit-and-run drivers up to $10,000 and possible jail time.

Mayor Bill de Blasio Vision Zero initiative is in place in order to reduce traffic fatalities, and says it’s working. Is it? After this tragic weekend, makes us wonder.

Statistics show that there were a shocking 4,000 hit-and-run crashes that resulted in serious injury or death in 2015.

Pedestrian Saftey New York

In New York Call to Improve Pedestrian Safety Is Renewed

Here’s some free advice New York:

  • Drivers Slow Down.
  • Don’t Drink and Drive.
  • Pedestrians Look Both Ways
  • Never, ever leave the scene of an accident.

 

Ignition Interlocks Save Lives

Since Ignition Interlocks state laws have gone into effect, the small cell phone-sized device has prevented 1.77 million drunk driving attempts – and saved countless lives

Please share http://ow.ly/YyAVA

 

$10M settlement to family of Queens dad who died days after accident.

The family of Anthony DiCiervo, a Queens father of three, who died days after getting rear-ended by a truck has been awarded $10 million after the company that owned the truck denied responsibility for his death.

On the morning of Dec. 28, 2011, Anthony DiCiervo, 46, was on his way to work in Long Island City when he hit from behind by a truck belonging to Brooklyn Bottling Corp.

The crash did not cause much damage to DiCiervo’s car, and though he hit his head, it didn’t seem serious, according to his wife Regina DiCiervo.

1,7000 people die in those collisions and another 500,000 are hurt

1,7000 people die in those collisions and another 500,000 are hurt

DiCiervo days after the accident told his wife he was fine. But he was not fine.

DiCiervo in days to follow was taking several naps, not eating and suffering a nagging stiff neck with painful headaches.

Two days later, the father of three drove himself to Jamaica Hospital.

DiCiervo on the way to the hospital felt numb in his left arm and left leg, feeling paralyzed. According to his wife unable to get himself out of the car.

The owners of the truck pushed back settling the 2013 Queens Supreme Court lawsuit despite a February 2015 court decision finding them legally responsible for the accident.

“Their defense was that he coincidentally had a stroke, he didn’t go to the hospital after the accident and had no visible injuries to his body,” said Peter Thomas, Regina’s attorney.

Doctors said DiCiervo suffered a hemiparesis, (Hemiparesis is weakness of the entire left or right side of the body. Hemiplegia is, in its most severe form, complete paralysis of half of the body.

Hemiparesis and hemiplegia can be caused by different medical conditions, including congenital causes, trauma, tumors, or stroke.) which caused the left side of his body to become paralyzed. Further testing showed he had a brain bleed in the right parietal lobe and received treatment, according to court documents.

This type of edema is seen in response to hemorrhagic contusion in cases of trauma

Edema in response to hemorrhagic contusion in cases of trauma.

Not a stroke.

DiCiervo seemed to get better and we moved him to Peninsula Hospital for therapy; three days later DiCiervo died.

Rear end car accidents are traumatic experiences — even, as seen in DiCiervo’s case, when the damage is not severe. Or so you think. Immediately after an accident, victims may experience a mental fog, making it difficult to think rationally or focus. The last thing at first glance is “AM I INJURED”. Thoughts are often confused, and concerned.

Accident victims are often traumatized and emotionally disoriented. Physical damage with all the chaos going on at the time goes unnoticed. Serious injury can be easily overlooked. DiCiervo believed he was OK, as many accident victims do after being rear ended in New York. Injuries may not present themselves for several days.

When a car accident victim goes to the ER they check to see if your bleeding, have any broken bones, and are breathing. Doesn’t mean your not injured. The first step is to take that ambulance ride. Never after a moving vehicle accident second guess your injuries.

Paul Ajlouny, New York Car Accident Lawyer weighs in the DiCiervo chain of events after his accident. “DiCiervo probably refused treatment at the scene of the accident as most accident victims do, because he said he felt fine. Later after persistent nagging symptoms he decided to go to the ER.

The question is could of he been saved had he gone to the ER earlier? That sad story can scare the hell out of anyone injured in a rear-end accident. You have to got to the doctor. Never, ever second guess your injury.” says Paul Ajlouny.

Common symptoms that may appear several days after a car accident.

1. Headaches
2. Neck or shoulder pain or stiffness
3. Back pain
4. Abdominal pain or swelling
5. Numbness
6. Changes in personality or physical function
7. PTSD

Some FREE ADVICE that makes sense and may save your life; any person involved in an accident should seek immediate medical attention. If these symptoms appear days after the accident, it is important to see a doctor experienced in car accident injuries symptoms to properly diagnose and treat your injuries.

If you have been injured in a moving vehicle accident in New York seek immediate legal advice and protect your rights by calling Ajlouny Injury Law at 718-233-3913 for a free consultation.

$3 million to great-grandfather hit by NYPD scooter.

Frightening video clearly shows Great Grandfather José Flores hit by NYPD scooter.

NYPD officer Thomas Hopper lost control of his scooter striking Flores in Brooklyn across the street at Liberty Avenue and Barbey Street in Cypress Hills in August of 2012.

Officer Hopper claimed that Flores was jaywalking, in the middle of the street, darting in front of him. Video surveillance tells a different story.

Officer Hopper lost control of his scooter skidding on his side then striking Mr.Flores as he was already was practically to the other side.

just cost the city nearly $3 million, the victim’s lawyer told The Post on Monday.

Sadly, NYPD officer Hopper issued a misdemeanor summons to the badly injured, great grandfather for jaywalking, claiming that Flores darted out in front of him in the middle of the street between parked cars.

The video clearly shows Flores, crossing at a corner, looking both ways, were there were no cars around.

Officer Hoppers lie cost the city 3 million dollars.

After dealing with the courts and a stint in jail, a judge finally released Flores, where he was hospitalized for four months to treat two fractured vertebrae.

He won the $2.9 settlement from New York City before the case ever even saw trial.

New York Hit and Run. “didn’t see” The Victim Doesn’t Fly!

In New York City, most drivers who hit people with their vehicle and then flee the scene are rarely ever charged with a crime. The police fist of all need to find them to make an arrest, in order to get a hit-and-run conviction, according to New York state law.

In any case prosecuting attorneys still need to prove a driver knew he or she hit someone and caused injury. Story at the intersection is, that pedestrian accidents in New York are dropped, or just not pursued at all, once a driver claims he “didn’t see” the victim. Have they though?

Since the beginning of 2016 there are there have been 4 hit and runs to count so far.

  • Just this Friday morning, Jan 22, 2016 12:12 pm, a 15-Year-Old Boy In Critical Condition Following Williamsburg Hit-And-Run.
  • A 29-year-old man was fatally struck by a hit-and-run driver while crossing northbound lanes of the FDR in Kips Bay on January 8, 2016.
  • Another hit-and-run driver careened into the Gowanus Canal on Monday, January 18, 2016, after striking another vehicle on Court Street.
  • On Thursday, officers arrested the driver of a Ryder rental truck who they say fatally struck a cyclist in Sheepshead Bay on Tuesday.

New York has adopted hit-and-run civil penalties depend on the drivers’ word.

Increasing penalties for drivers who leave the scene of a crash without reporting it. How many hit-and-runs there have been so far this year in New York City.

NYPD Reports a whopping 34,000 hit and flee accidents. 4,000 of those “personal injury”, leaving the scene. 48 of the 4000 were considered “catastrophic injury”.

Think about that number 4,000 personal injuries in which a driver injured or killed someone in New York and then fled.

2015 Statistics according to NYPD reports:
48 catastrophic hit-and-runs
28 suspects were arrested
480 arrests
475 moving summonses.

According to New York car accident lawyer Paul Ajlouny,  with the law firm of Ajlouny Injury Law,  “Fleeing the scene of an accident where a person is fatally struck should never be down-played! Pedestrian lives matter — All lives matter, there’s no excuse for fleeing the scene of an accident!” says Mr.Ajlouny.

hurt in hit-and-run crashes in New York.

Hurt in hit-and-run crashes in New York. New York Pedestrian Lives matter!

 

$1.7 million in car accident trial

Lets Review New York How Justice Works in A Car Accident Case.

The New York City Transit law department, faces off with the plaintiff in the motor vehicle accident trial Vidal v. Rodriguez.

In October 2011 Kelda Vidal, 26 years old while driving to her job when she stopped for an emergency vehicle near the intersection of Bedford and Willoughby avenues, when within seconds rear-ended by Louis Rodriguez who was behind the wheel of a Transit Authority vehicle.

Kelda Vidal claimed that as a result of the accident she underwent a neck discectomy and fusion surgery, replacing a disc with a metal plate, and remains in constant pain despite medication and therapy. According to reports from her pain management physician  it was confirmed that Vidal’s symptoms of neck and head pain are permanent. Vidal alleged that she could not resume her former duties as a hospital security officer.

The legal team of the NYC transit department tried to dispute the extent of Vidal’s claims, refuting her allegations of impeded movement through reports citing her range of motion as within normal limits.

The jury returned a verdict of damages for past and future pain and suffering, past medical expenses and lost earnings in the total amount of $1.7 million in the trial that concluded this week in Kings County Civil Term.

1.7 million For Plaintiff Rear ended in Car Accident

1.7 million For Plaintiff Rear ended in Car Accident

When a person is found person responsible for an accident — That person’s liability insurance company must pay an injured person for:

  • medical care & expenses
  • missed work & lost wages
  • pain and suffering
  • permanent disability or disfigurement
  • loss of normal lifestyle (family, education,etc…)

Injured in an moving vehicle accident in New York? Got questions? Ask a New York car accident lawyer. The advice is FREE!

 

Park Slope, Brooklyn School Bus Crash 4 children, 1 adult injured

Developing Story Brooklyn, NY ParkSlope

Reports indicate that at least eight people, including seven children, were hurt in a crash involving a school bus and a car in Brooklyn, New York around 3pm near the intersection of 4th ave and 1st Street in Park Slope.

According to the FDNY one adult and six children suffered injuries. A seventh child has more serious injuries, which are not considered life-threatening. An investigation is currently underway.

7 children, 1 adult injured in school bus crash in Brooklyn

7 children, 1 adult injured in school bus crash in Brooklyn

Driver Alive After Severe Crash South Ozone Park

A 25 year old driver is lucky to be alive after crashing his car into a tree  in South Ozone Park. The occurred on North Conduit Avenue near 120th Street around 3:40 a.m. Sunday morning.

The driver was rushed to Jamaica Hospital where he remains in  stable condition after doctors operated on him. The photos of the vehicle at the scene show the car wrapped around a tree, facing the wrong way on the one-way, with no rooftop or doors.

According to NYPD data, North Conduit Avenue between 120th and 121st streets has been the scene of 14 crashes this year, injuring three, two car occupants, and one pedestrian.

Queens DWI crash

Possible Reckless driving and speeding in Queens crash.

The cause of the crash is still under investigation

Speed and under the influence wreck

Car wreckage indicates speeding in early morning Queens crash.

Conduit Avenue Crashes 2015:

  • Man, 41, dies after crashing car into tree in Queens: police – July 13, 2015
  • 12 Injured After MTA Bus Crashes Into House In Queens … – Oct 4, 2015
  • Passenger, 21, killed in Queens crash – Aug 10, 2015
  • Queens crash kills one woman, injures several kids – May 26, 2015

Pedestrians, cyclists and motorists should be aware that Conduit Avenue is dangerous and prone to crashes. Conduit Avenue, especially between Cross Bay BLVD in Howard Beach and Atlantic Avenue in Cypress Hills, serves as a thoroughfare between SE Queens & Brooklyn.

Drivers also use it to access Linden Boulevard and the Belt Parkway. Conduit Avenue has no no bike lanes along the thoroughfare with reports of drivers speeding along the street.

Statistics show that in 2009 and 2013, seven people were killed and 41 were severely injured in accidents along that stretch of Conduit Avenue. A total of 763 people were injured including 42 pedestrians and 13 bicyclists, according to the Department of Transportation. Conduit Avenue – Read more ..

Helen Marszalek, 70, was walking across Atlantic at Grant Avenue,  in East New York, Brooklyn at around 1:30 in the afternoon when she was struck by the driver of a BMW sedan in the westbound lanes. Marszalek, who lived nearby, died at Brookdale University Hospital, DNAinfo reported.

Woman, 70, fatally struck by car

Helen Marszalek.

The crash occurred on a segment of Atlantic that the de Blasio administration has singled out for improvements as part of the Vision Zero Great Streets program, which concentrates on four of the city’s most dangerous streets for walking: Atlantic Avenue, Queens Boulevard, Grand Concourse, and Brooklyn’s Fourth Avenue.

Atlantic Avenue at the site of the crash is six lanes with a center median. Last summer DOT unveiled plans to redesign medians and add vehicle turn bays between Pennsylvania Avenue and Conduit Avenue, to the west, where the crash rate is higher than on 90 percent of Brooklyn streets. Phase two of the project would focus on Atlantic between Conduit Avenue and Rockaway Boulevard, encompassing the intersection where Marszalek was killed.

NYC DOT Extends Anti-speeding Campaign with New Locations For Speed Boards

Radar devices, including boards with skeleton images, display vehicle speeds to underscore the City’s 30 mph speed limit and the dangers of speeding

New York City Department of Transportation (DOT) announced the relocation of speed boards to new sites citywide, extending the reach of a vital safety message that calls dramatic attention to the city’s 30 m.p.h. speed limit and the fatal consequences of speeding.

DOT introduced speed boards this spring as part of its “That’s Why It’s 30” anti-speeding campaign, temporarily installing them along corridors with histories of excessive speeding.

In addition to traditional speed boards that display oncoming vehicles’ speeds, DOT unveiled specialized ones that display an LED image of a skeleton next to the words “Slow Down” if a passing motorist exceeds the speed limit.

Skeleton speed boards currently are stationed at Beverly Road between East 28th and East 29th streets and Dahill Road between 52nd and 53rd streets in Brooklyn; Hillside Avenue between 248th and 249th streets and Utopia Parkway between 67th and Peck avenues in Queens; and Hylan Boulevard between Buffalo Street and Chesterton Avenue in Staten Island. Traditional speed boards are now located at Linden Boulevard between Warwick and Jerome streets in Brooklyn; Targee Street between Venice Street and Clove Road and Mosel Avenue between Osgood Avenue and Manton Place in Staten Island; Webster Avenue between 194th Street and Bedford Park Boulevard and Hutchinson River Parkway East between Wilkinson and St. Paul avenues in the Bronx; and Fifth Avenue between 132nd and 135th streets in Manhattan. Read More

The speed boards will continue to be rotated to new locations each month to curb excessive speeding. Future locations for speed boards include Utica Avenue between Avenue L and Avenue M, 21st Avenue between 53rd and 57th streets, and Shore Parkway at Knapp Street in Brooklyn; Richmond Avenue between Arthur Kill Road and Victory Boulevard in Staten Island; 172nd Street between 107th and Liberty avenues and North Conduit Avenue between Sutter Avenue and 76th Street in Queens; Bruckner Boulevard between Longwood Avenue and East 156th Street and Lafayette Avenue between East Tremont and Balcom avenues in the Bronx, and Broadway between Dongan Place and Arden Street in Manhattan.

The use of speed boards builds on a growing portfolio of safety tools designed to educate New Yorkers about the safety benefits of the city’s 30 m.p.h. speed limit. In DOT’s Pedestrian Safety Study and Action Plan, focus groups showed that more than two-thirds of New Yorker’s did not know the 30 m.p.h. speed limit in the city. DOT’s “That’s Why It’s 30” advertising campaign was developed to build awareness and change behavior.

Paul Ajlouny, New York car accident Lawyer weighs in on DOTS Anti-speeding Campaign. “raising safety awareness among drivers, and pedestrians by highlighting the danger of speeding is just another step to reducing the number of pedestrian / driver injuries and fatalities” says Mr. Ajlouny.

“New York streets are congested with distracted drivers, possibly under the influence or in a rush to get from one place to another as seen on a main street like Conduit Avenue.

I stand by any attempt to keep pedestrians safe while walking; like crosswalks, pedestrian signals, and pedestrian warning signs. Hopefully, this campaign can educate New Yorker’s about what to look for, what to expect and how to proceed in an attempt to reduce pedestrian injuries and fatalities and achieve greater pedestrian safety.” said Mr. Ajlouny.

If a pedestrian is hit by a car traveling 40 m.p.h. or faster, there’s a 70% chance that the pedestrian will be killed; at 30 m.p.h., there’s an 80% chance that the pedestrian will live.

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