It is the careful individual who has never accidently stepped off of a curb, tripped over a rug, or slipped on an icy New York sidewalk. Many Richmond Hill residents have taken minor tumbles from their own actions, whether they were hurrying or just not paying attention to what they were doing. However, not every fall that a person suffers is due to their own actions. Many dangerous and sometimes life-threatening trips and slips are due to the negligence of others.

Premises liability is an area of personal injury law that deals with negligence in the context of property. “Property” is a vast term and can refer to internal and external surfaces of structures, such as hallways, room floors, decks, and patios, and it can refer to undeveloped land. Property can also refer to areas of transitional space, such as parking lots, sidewalks, and other places used by the public.

Generally, property is owned and the owner of a parcel or structure is responsible for maintaining that item of property. When property is dangerous and poses a threat to others, the owner may become liable for the harm victims suffer on their property if they do not take steps to prevent the injuries from occurring. Specific questions about premises liability law should be directed to personal injury attorneys, and readers are encouraged to only use this post as an informational introduction into the topic.

#1 Relation to property

A victim’s relation to the property can influence their ability to recover losses. Not all individuals who are harmed on the property of others can pursue premises liability claims. The big exception to this type of litigation relates to trespassers. A trespasser is someone who does not have the right or permission to enter onto the property of another person. While individuals who are permitted or invited to enter onto land or into buildings may have rights to premises liability protections, trespassers generally do not.

#2 Foreseeability

Foreseeability is an important element of a premises liability claim. Sometimes individuals may feel as though they can see an accident coming a mile away. They may witness a distracted driver rear-end another car, or a person walk into a door while they are trying to read something on their phone. It is often foreseeable that negligent acts will result in injuries when individuals fail to correct their behaviors.

The same holds true for premises liability claims. A property owner who knows that there is a hidden crack in their sidewalk that will likely cause individuals to trip can foresee the harm that it will cause. A premises liability defect that will foreseeably cause harm and that is not remedied may stand as the basis for a legal claim; however, if a property defect is unknown or does not apparently suggest that someone may be hurt by it, it may not stand as a strong factor in such a case.

#3 Special rules

Special rules apply when accidents happen between landlords and tenants, the public and the government, and other special relationships. Many premises liability claims happen between private parties, such as a person who is hurt on the property owned by a non-government entity. When, however, a person is hurt while leasing space from another party, or when the government owns the property on which the accident occurred, different laws and standards may apply. Individuals should speak with their personal injury attorneys about these and other special cases.

Premises liability accidents can leave victims with serious injuries and losses. Legal assistance can help those suffering to get the compensation that they need. Victims need not wait to seek help and can begin investigating their rights soon after their accidents to avoid the tolling of the statute of limitations on personal injury claims in New York. If you or a loved one has been injured in Queens, NY contact the personal injury lawyers at Bardizbanian & Associates, P.C. for help

Posted in Uncategorized | No Comments »

Bicycles can be a great way to get around the city in New York or simply to get some exercise. Many people take advantage of these benefits and it is common to see people biking. However, bicycles are much smaller than most of the other vehicles on the road and therefore when they are involved in bicycle accidents, it can be devastating for the bicyclists. So, to help prevent this from happening it is important for both bicyclists and motorists to know the biking rules on the road.

Traffic Laws for Bicyclists

As a general rule, bicyclists must follow all traffic laws that motor vehicles must follow, unless there are specific rules pertaining just to bicycles in a specific area. This means that bicycles must obey traffic lights and other control devices, yield to vehicles when they have the right of way, signal their turns and follow other rules. Likewise motor vehicles must yield to bicyclists when they have the right of way, signal turns and follow the other rules.

Where Bicycles should Ride

Bicycles for the most part should bike on the roads, but they should ride as close to the curb as they can unless they need to take a left turn or there are cars parked on the road. Also, when there are designated bike lanes on the road, people should ride in those bike lanes when possible. If there is a bike path people are encouraged to ride on them but they are not required to ride on a bike path that is separate from the road. Bicyclists can ride side by side on the roads as well, but if they are being overtaken by another vehicle, they should ride single file until the car passes them.

However, when making turns bicyclists should make turns as if they are a vehicle. This means that they should move to the middle of the lane they are turning from to ensure that other vehicles will not overtake them while they are making the turn. This is true when making both right and left turns.

These rules are in place to help vehicles and bicyclists to share the road safely. However, not everyone follows these rules all the time and just like car accidents occur when people do not follow the rules, bicycle accidents occur too. Unfortunately, though bicyclists often times suffer more significant injuries than people do in car accidents. Bicyclists have very little protection compared to a car and it does not take a major accident to cause major injuries.

Victims of bicycle accidents in New York could be entitled to compensation from the driver responsible for the accident though. Experienced attorneys understand the importance of this compensation and may be able to help make one whole again.

Posted in Uncategorized | No Comments »

Rideshare services have made it more convenient to get around. Companies like Uber and Lyft offer commuters more options for arriving to work on time in the morning or meeting friends for dinner at the end of the day. As we grow comfortable with the convenience these services provide, we might be less prepared for what to do when an accident occurs.

Protect your rights – get a FREE legal consultation from our car accident attorneys in New York if you’ve been injured in a wreck. Click to start.

If you rely on Uber or Lyft regularly, you should understand the potential consequences of getting into a rideshare accident.

Whose insurance will cover me?

If you’re in a rideshare accident as a passenger, determining whose insurance you will fall under depends on who caused the crash and the type of insurance they have. Generally, there are four areas:

1. The rideshare driver is at fault. If your Uber or Lyft driver caused the accident, they are responsible for covering any injuries you sustain from the accident. This only applies if their insurance policy includes their coverage while working as a rideshare driver.
2. The rideshare driver is at fault but doesn’t have the right coverage. If your driver doesn’t have enough coverage to account for passengers, then Uber and Lyft can help. Both companies feature third-party liability insurance coverages that can pay up to $1 million for injuries and damages. It’s important to note that Lyft’s policies exclude rides that start in New York City with a Taxi and Limousine Commission (TLC) driver.
3. A non-rideshare driver is at fault. In this case, you will have to seek coverage from the non-rideshare driver, typically through a third-party insurance claim.
4. A non-rideshare driver is at fault but is uninsured or underinsured. If the other driver doesn’t have car insurance or doesn’t have enough coverage to help with your injuries, Uber and Lyft both offer assistance with that as well. Their uninsured/underinsured insurance policies also cover up to $1 million for injuries and damages sustained from the accident.

Rideshare services are useful for New Yorkers every day. Understanding the limits of their coverage after an accident can be helpful in seeking recovery.

Posted in Uncategorized | No Comments »