Articles Posted in Personal Injury

Potholes are a common cause of motorcycle accidents in New York, with riders being particularly vulnerable to their hazards. The deep, irregular gaps in the road can cause a loss of control or balance, leading to collisions, falls, and serious injuries. When a motorcyclist is injured in an accident that involved a pothole, who is liable?

Karamian v. City of New York involved a motorcyclist who was injured after his motorcycle hit a pothole on a city street. The plaintiff, Mr. Karamian, sued the City of New York for negligence, alleging that the city was responsible for maintaining safe roadways and that its failure to repair the pothole was the direct cause of his injuries. The case eventually made its way to the New York Appellate Division.

Background

Bicycling is becoming an increasingly popular mode of transportation in New York City, but it can be dangerous. One of the hazards that cyclists face is poor signage. Poor signage can cause bicycle accidents in a number of way.  Poor signage can cause misdirection. If there are no signs indicating where the bicycle lane is or if the signs are unclear or confusing, cyclists may be forced to ride in dangerous areas. If there are no signs warning cyclists of hazards ahead, such as steep hills, sharp turns, or intersections, they may not be prepared to slow down or change direction, which could result in a collision or loss of control. If there are different signs indicating different rules for cyclists in the same area, it can be confusing and lead to accidents. If signs are not visible due to poor lighting or obstructions, cyclists may not be aware of the rules or hazards ahead, increasing the risk of accidents. The case of Fox v. City of New York focuses on the importance of proper signage in ensuring the safety of cyclists on New York City streets.

Background

The plaintiff in Fox v. City of New York was riding his bicycle on 8th Avenue in Manhattan when he was hit by a car. The accident occurred at the intersection of 8th Avenue and 56th Street. The plaintiff was traveling south on 8th Avenue in the bicycle lane when he was hit by a car that was turning left from 56th Street onto 8th Avenue. The plaintiff suffered injuries to his face and mouth, as well as a broken finger.

Bicycle accidents are a common occurrence in New York City, and they can have devastating consequences. When a bicyclist is involved in an accident with a motor vehicle, the results can be catastrophic. The bicyclist is often left with serious injuries, including broken bones, head trauma, and spinal cord injuries, and may face a long road to recovery. Caballero v. City of New York dealt with the issue of negligence in bicycle-car accidents.

Background

In Caballero v. City of New York, the accident occurred on October 11, 1989, at the intersection of 40th Street and 6th Avenue in Manhattan. The plaintiff, Ramon Caballero, was riding his bicycle eastbound on 40th Street, approaching the intersection with 6th Avenue. At the same time, a New York City police officer, who was driving a marked police car, was traveling southbound on 6th Avenue.

Car and bus accidents can have devastating consequences, resulting in serious injuries or even death. When such accidents occur, it is important to determine who is at fault and who should be held liable for any damages that result. One case that dealt with this issue is Greiff v. New York City Transit Authority, 212 A.D.2d 253 (1st Dep’t 1995). In this blog, we will discuss the background of the case, the issues that it raised, and its implications for car and bus accidents.

Background

In Greiff v. New York City Transit Authority, the plaintiff, Donald Greiff, was driving his car when he was struck by a New York City Transit Authority (NYCTA) bus. The accident occurred at an intersection controlled by traffic lights, and both the car and the bus had a green light when they entered the intersection. The bus was making a left turn, and the car was traveling straight through the intersection. The bus driver testified that he did not see the car until it was too late to avoid the collision.

Wakeboarding is a popular water sport that involves riding on a board while being towed by a motorboat. While wakeboarding can be an exhilarating experience, it also carries inherent risks, especially if proper safety precautions are not taken. Injuries sustained in wakeboarding accidents can be severe, and victims may be entitled to compensation for their damages.

O’Brien v. Jetty Jumpers involves a wakeboarding accident and highlights the importance of proper safety measures in preventing injuries.

Background

Kayaking is a popular recreational activity, but it can be dangerous if proper procedures are not followed. Maintaining a proper lookout is an essential part of kayaking safely. It means paying attention to your surroundings and actively scanning for potential hazards, such as other vessels, swimmers, or obstacles in the water.

When kayaking, maintaining a proper lookout involves continuously scanning the water in all directions to identify potential hazards. This includes looking forward, backward, and to the sides. Kayakers should also keep an eye on the weather conditions, as sudden changes in wind, waves, or current can create hazards.

Williams v. Giraldez highlights the importance of maintaining a proper lookout, following navigation rules, and taking evasive action when necessary to avoid a collision with another vessel or object in the water.

Boating accidents can result in catastrophic injuries and even fatalities, leaving victims and their families with physical, emotional, and financial damage. When a boating accident occurs, legal action may be necessary to seek compensation for the losses incurred. In re: Stowman involves a boating accident and the application of maritime law.

Background

The case of In re: Stowman arises from a boating accident that occurred on August 8, 2009, on the Hudson River in New York. The accident involved two boats, a 20-foot pleasure boat and a 300-foot barge that was being pushed by a tugboat. The pleasure boat was carrying several passengers, including Lindsey Stewart and Mark Lennon, who were to be married two weeks later. The driver of the pleasure boat was Jojo John, who had been drinking prior to the accident.

Boating accidents are a common occurrence, and they can have devastating effects on the victims and their families. In the case of Estate of Joseph DeLuca v. New York State Department of Environmental Conservation, the plaintiff, the Estate of Joseph DeLuca, sued the defendant, the New York State Department of Environmental Conservation (DEC), for negligence and wrongful death resulting from a boating accident that occurred in 2012.

The case involves a tragic accident that claimed the life of Joseph DeLuca, a 30-year-old man who was an experienced boater. The accident occurred in Long Island Sound, near Hempstead Harbor, when a DEC patrol boat collided with DeLuca’s boat, causing it to capsize. The DEC patrol boat was on a routine patrol and was traveling at high speed when it collided with DeLuca’s boat.

The Estate of Joseph DeLuca claimed that the DEC was negligent in its operation of the patrol boat, and that this negligence was the proximate cause of DeLuca’s death. The case went to trial, and the court ultimately found in favor of the plaintiff.

Bicycle accidents in urban areas like New York City are unfortunately common. One such tragic incident occurred on August 10, 2018, when a young Australian tourist named Madison Lyden was struck and killed by a garbage truck while riding her bicycle in Manhattan. The accident sparked outrage among the cycling community and prompted Lyden’s family to file a lawsuit against the City of New York. This case highlights the need for better infrastructure and safety measures to protect cyclists on the city’s busy streets.

Factual Background

On the day of the accident, Lyden was cycling in the designated bike lane on Central Park West when she swerved to avoid a stopped taxi. She was forced into traffic and was hit by a sanitation truck, causing her to fall off her bike and into the path of the truck’s rear wheels. Lyden was rushed to the hospital but was pronounced dead a short time later. The driver of the truck, Felipe Chairez, was charged with driving while impaired and operating a commercial vehicle while under the influence of drugs.

Riding a motorcycle can be an exciting and exhilarating experience. However, it can also be dangerous, especially when other drivers are negligent or reckless. In some cases, accidents are caused by factors outside of the rider’s control, such as poor road conditions. One such case is Madarash v. BUCH which involved a motorcycle accident caused by a hazardous road condition. This case sheds light on the legal issues involved in motorcycle accidents and the potential liability of government entities for unsafe road conditions.

Background

In June 1983, John Madarash was riding his motorcycle on Route 302 in the Town of Crawford, New York. As he approached a curve in the road, he noticed a large accumulation of gravel on the pavement, which made the road surface uneven and slippery. Despite attempting to slow down and avoid the gravel, Mr. Madarash lost control of his motorcycle and crashed, sustaining serious injuries.