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Uber Accident Settlement Amounts: What to Know as an Injured Passenger

It seems like yesterday that taxi cabs were our primary mode of transportation (other than the subway and buses) around New York City. Ride-sharing companies like Uber exploded onto the streets in NYC in 2011 and haven’t looked back. While Uber rides are convenient, car accidents continue to rise as more vehicles take to our city streets.

According to the ride-sharing company website, Uber drivers are vetted with background checks and ongoing driver checks built into its platform. But NYC is a congested city, and Uber drivers are independent contractors with their pay based on how many rides they can get in a day. Many rush to get from one destination to another to make more money. That’s a recipe for a car accident.

What Happens if You’re Injured in a New York Uber Accident?

You should know your rights if you are injured as a passenger in an Uber accident, how the process works, and what type of accident settlement amounts you could be entitled to. The first thing to do is to contact a New York Uber accident lawyer to learn about your options. Schedule a free case evaluation with the Brooklyn Law Office of Nicholas E. Tzaneteas, an experienced Uber accident attorney who will guide you every step of the way.

Why Contact an Uber Accident Attorney?

Because Uber drivers are not employees and must carry auto insurance for business use, you can expect the ride-sharing company to challenge your claim and advise you first to pursue damages against the driver’s personal auto insurance. Unfortunately, the Uber driver’s policy will likely not have enough coverage to respond in the event of serious injuries — if they are covered at all.

If the Uber driver is at fault, an experienced attorney, depending on the circumstances of the case, will help you seek compensation from Uber’s insurance to cover your medical treatment for bodily injury. Uber must carry $1.25 million in bodily injury and property damage coverage on its commercial insurance policy. Coverage is applicable when:

The Uber App is on, and the driver is waiting on a request to pick up a passenger;
The driver has accepted the request of a passenger and is on the way to pick up the passenger; or
The passenger is in the vehicle and ends when the passenger exits the car.

However, to file a personal injury claim against Uber, you must meet the serious injury threshold in New York, as the state is under the No-Fault system. According to New York law, ride-sharing app companies must carry minimum levels of Personal Injury Protection (PIP) insurance coverage (no-fault insurance) for accidents while an Uber driver transports a passenger.

If you meet the serious injury threshold, you may be entitled to recover compensation for lost income and pain and suffering, especially if you have severe injuries in a car accident involving a negligent Uber driver. Like any personal injury case, your Uber accident settlement amount will depend on your specific case.

A negligent driver is one who is intoxicated, speeding, aggressively driving, tailgating, changing lanes improperly, or violating traffic rules (like failing to stop at a red light or stop sign). You need to prove negligence with personal injury claims. An experienced car accident lawyer will investigate your case, search for videos of the collision, obtain accident reports, and interview eyewitnesses to help determine negligence.

What Damages Can You Recover in a New York Uber Car Accident?

Under the law, the damages you may obtain for Uber accident claims include compensation for

Medical bills and expenses
Past and future medical, hospital, rehabilitation, disability, and other healthcare-related expenses
Long-term treatment
Past economic losses, including lost wages, salary or income, and property damage
Loss of quality of life
Past and future physical pain and suffering, mental anguish, and physical impairment
Loss of future income due to any long-term disability and permanent diminished earning capacity
Punitive damages (for outrageous wrongful conduct)
Wrongful death when the lawsuit is brought by the family of the loved one who died

It’s important to work with New York Uber accident lawyers to get the compensation you deserve for your serious injuries. Uber’s insurance company may quickly settle to minimize its liability and underestimate the amount you are due. While it’s challenging to say what the average Uber accident settlement should be, a personal injury lawyer understands the ins and outs of negotiating Uber accident settlements.

Contact the Law Office of Nicholas E. Tzaneteas, Experienced New York Uber Accident Attorneys

If you or a loved one was an Uber passenger and injured in an accident, call Nicholas E. Tzaneteas to help you navigate your Uber accident case. He will guide you every step of the way, fighting for your rights as injury victims. Attorney Tzaneteas has successfully represented hundreds of victims of car accidents and has recovered millions of dollars for these clients to repair themselves and their lives.

How to Manage a Construction Site Accident

Construction site accidents, unfortunately, are common occurrences, with workers getting injured, sometimes even fatally. New York City construction is even more dangerous due to the many construction site projects that involve scaffolding and ladders, with construction workers suffering injuries from high elevations. The following goes over the types of construction accidents that occur and how to manage a construction site accident.

Types of Construction Site Accidents

The most common types of construction site accidents include injuries to a construction worker as a result of falls (particularly in NYC where many projects involve high rises with scaffolding), being struck by falling objects, electrocution, and getting caught between two objects such as a worker becoming pinned or trapped between a piece of equipment and a wall.

According to U.S. labor statistics, about 150,000 construction accidents happen each year. Furthermore, in analyzing various statistics, the New York Committee for Occupational Safety and Health (NYCOSHA) determined that construction-related workplace deaths made up 24% of the annual fatalities in New York. In fact, working in the construction industry is one of the most dangerous jobs in NYC.

Why Do Construction Site Accidents Happen?

Often accidents on job sites are due to negligence and are preventable if robust safety measures are in place. This includes project owners and GCs of the construction sites ensuring that the implementation and monitoring of safety and personal protection equipment (PPE) are followed. Construction crews should also go through training on up-to-date safety procedures and practices with consistent drills and courses.

In addition, construction workers should be familiar with OSHA safety rules and guidelines for job-site best practices.

Unfortunately, although safety regulations exist, too often they are disregarded by a property owner and general contractor in an effort to complete a project on time and within the established budget, sacrificing the health and welfare of construction workers.

How Should Injured Construction Workers Proceed?

First and foremost, if you are involved in a construction accident, get immediate medical attention if you have suffered severe injuries. Then, report the accident to your employer and contact New York construction accident lawyers to discuss your case. It’s important to know that although you are entitled to file a workers compensation claim for payment of medical bills, prescriptions, and lost wages up to a certain amount, in New York City, the Labor Laws also entitle you to file a personal injury lawsuit.

New York Labor Laws protect construction workers from dangerous or unsafe working conditions. In addition, injured workers can sue for certain workplace accidents caused by construction companies’ and property owners’ negligence. A construction accident lawyer will explain and assist you in properly navigating these laws.

For example, when it comes to NYC’s scaffolding law, there are requirements for scaffolds higher than 20 feet above the working surface. They must have a securely attached safety rail that runs the entire length of the supported platform. The apparatus must be secured so it does not become unstable, collapse, or tip over. General contractors who have employees working on scaffolding must also provide PPE (personal protection equipment), such as fall protection gear. Employees must be trained on general scaffold safety and proper use and maintenance of their PPE (personal protection equipment).

The law also enables injured New York City construction workers to seek compensation for any injury or death caused by a fall or an object that fell from a height. The general contractor and the property manager may be liable for the injury or death if proper precautions were not in place.

Work with an Attorney Experienced in Construction Accident Claims

Be sure to contact an experienced New York construction accident lawyer familiar with local laws, including NY Labor Laws Sections 240 and 241. The Brooklyn Law Office of Nicholas E. Tzaneteas has extensive experience in construction site injuries and construction-related accidents. We have recovered millions of dollars for our seriously injured construction work clients and we can provide you with a free consultation concerning your case to determine if you’re entitled to worker’s compensation benefits and damages from a negligent third party.

We have successfully represented many injured clients in construction accident cases both in Brooklyn and Manhattan, Queens and the Bronx. Call us at (718) 704-5519 or contact us online.

What Does a Train Accident Lawyer Do?

Train accidents are often horrific and devastating and can be extremely complicated to navigate to determine liability and responsibility. If you or a family member have been involved in a train accident, it’s important to contact a train accident lawyer experienced in railroad accident claims.

The Law Firm of Nicholas E. Tzaneteas has experienced train accident lawyers. We have helped victims and the family of victims who were involved in a New York train accident lawsuit.

Common Causes of Train and Subway Accidents

Train accident victims include drivers who have been hit by trains, railroad workers who have suffered injuries while the train is in motion or while performing maintenance tasks (this would fall under the Federal Employers Liability Act – FELA), and railroad passengers. Injuries can be catastrophic and fatal.

Train accidents on trains and in train stations occur for a variety of reasons, including:

· train operator error or negligence

· excessive speed

· train derailment

· train and car collisions

· defective train tracks

· unsecured crossbars at railroad crossings

· electrocutions

· sudden stops

· closing doors

· negligent security

· broken stairs or platforms (causing slips and falls)

· defective or broken escalators

· defective equipment

· poor track maintenance

· technological malfunction

· insufficient lighting

· obstructed walkways

· failure to post warning signs

Subway accidents may occur because the conductor was negligent by failing to ensure that passengers were clear of the train.

Common Train Accident Injuries

The most common physical injuries after a train accident include fractures, back and neck injuries, soft-tissue damage, traumatic brain injuries (TBIs), internal organ damage, spinal cord injuries, and amputations.

Who Is Responsible for Investigating a New York Train or Subway Accident?

Train accidents are investigated by the National Transportation Safety Board (NTSB). Train accident investigators from the NTSB are available 24 hours a day, seven days a week. Typically, their on-scene investigations take seven to 10 days. Local and state investigators, as well as police officers, are frequently involved in these investigations.

Who Can Be Sued for Train Accidents

Railroad companies must provide the highest care to their passengers from when they board the train until they exit. If passengers are injured, the carriers are liable, even if their fault in the accident was minor, a third party caused the accident, or due to weather conditions. The common carriers that can be sued for a New York train accident are the Metropolitan Transportation Authority (MTA), the New York City Transit Authority (NYCTA), and Amtrak.

The MTA is responsible for operating, maintaining, and improving public transportation in the Metropolitan Commuter Transportation District (MCTD), which comprises New York City and the counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester. The MTA oversees the operations of the New York City bus and subway systems, the regional commuter railroads, seven bridges, and two tunnels located in New York City.

The NYCTA manages the subway and bus service in New York City. Amtrak operates intercity passenger rail services in 46 states and the District of Columbia.

New York State Law/Statutes in Train Accidents

According to New York’s Statute of Limitations, you must file a personal injury claim within three (3) years of a train or subway accident. Your claim may only be accepted if you submit it within this time frame. You must file a wrongful death lawsuit within two (2) years of the death of a loved one in a train accident. To file a claim against a government entity, you must first file a Notice of Claim within 90 days of the accident and then file a lawsuit within one (1) year and 90 days of the accident.

Damages You Can Pursue in a Train Accident

If the passengers are injured, carriers are liable for the injury, even if their fault in the accident was minimal or the accident was caused by third parties or weather conditions. In the aftermath of a subway or train accident, victims can seek compensation for economic and non-economic damages. Economic damages include medical expenses, lost wages, therapy and rehabilitation care costs, property damage, or funeral and burial costs in the case of a fatality. Non-economic damages include pain and suffering, loss of companionship, loss of consortium, mental anguish, and diminished future earning capacity.

The knowledgeable New York train accident lawyers at the Law Firm of Nicholas E. Tzaneteas can help you seek the maximum compensation you deserve.

Proving Liability in Train Accidents

Evidence must be gathered to prove an accident was a result of negligence. This can include surveillance footage, photos and videos by other passengers, witness testimony, and statements from NYCTA/MTA employees. An experienced New York train accident lawyer and their legal team will know what evidence to collect and how to get it, in addition to representing you in your pursuit of fair compensation.

Contact the Personal Injury Lawyers at the Law Firm of Nicholas E. Tzaneteas

At the Law Firm of Nicholas E. Tzaneteas, we represent clients in train and subway accidents involving the MTA, Amtrak, LIRR, Metro North, PATH, NYCTA, and other railroad-related accidents. We will provide you with a free initial consultation to discuss your case.

Are New York Construction Accidents Increasing?

According to statistics from the New York City Department of Buildings (DOB), construction accidents were higher in 2021 than in 2020.

While final stats for 2022 have not been released, construction worker fatalities, unfortunately, continue at an alarming rate, with the most recent accidents occurring in November. A 36-year-old hard-hat worker plummeted four floors to his death on the Upper West Side of NYC. Another construction worker, age 27, while building a protective sidewalk shed, fell to his death in early November at a downtown Brooklyn construction site.

In addition, in the first five months of 2022, four construction workers were killed in construction accidents in NYC, and 192 workers suffered injuries. The four deaths resulted from falls — all of which are preventable if construction sites have proper safety measures in place.

One worker fell from a 10-story building with the NYC DOB issuing a full stop work order and a violation for failing to safeguard people and property impacted by construction operations. Another worker was on suspended scaffolding and fell 15 feet onto a metal fence. The NYC DOB issued a violation for failing to protect people and property affected by construction operations. While moving plywood formwork in a 17-story residential building, a third construction worker slipped and fell about 20 feet through an elevator hole and landed in the basement. Violations were issued.

The fourth worker fell thirty feet while working on a four-story multiple dwelling and died following severe injuries. Violations were issued for operating without a permit for brick and facade lintel replacement work.

Why NYC Construction Workers Face Such Dangers on the Job, Including Fatal Construction Accidents

Among the high-hazard industries identified by the Occupational Safety & Health Administration (OSHA) is the construction industry, especially in New York City. This is further confirmed by U.S. Bureau of Labor Statistics. When all other occupations are considered, construction sites in NYC consistently rank first in terms of work-related deaths. According to the NYC Department of Buildings, many construction workers work at heights on job sites with scaffolding and equipment, which can result in severe worker injuries and fatalities if not adequately secured.

In addition, part of the problem may be attributed to contractors cutting corners to save money and the high burdens frequently associated with meeting construction deadlines. As so much of the city’s infrastructure is aging, there is a push to replace these structures to meet safety standards. In response, contractors don’t hire enough labor, use low-cost materials, or take training shortcuts to complete the job as cheaply and quickly as possible. Some are not following safety regulations and measures.

Back in 2019, Tim Hogan, who has been the Deputy Commissioner of Enforcement for the NYC Department of Buildings since 2012, told CBS News during an interview that at that time, there were approximately 45,000 active construction sites in New York City, and one-fourth of them are not in compliance with safety regulations!

Most Common Types of NYC Construction Site Accidents

The most common causes of accidents and deaths on New York City construction sites are:

Falls from scaffolds, ladders, roofs; and/or lack of fall protection
Struck by falling/non-secure materials or debris
Electrocution
Trips and falls
Injuries from building materials due to lack of protection (such as hard hats, eye protection, etc.)
Caught in or between objects

What to Do if You’re Involved in a Construction Accident?

Workers involved in construction-related accidents should immediately call an experienced personal injury attorney who specializes in representing New York City workers with construction injuries. NYC construction accident lawyers know New York Labor Laws. These Labor Laws are designed to protect workers in the construction industry.

For example, owners, leaseholders, and contractors are held liable under the New York Labor Law 240 (Scaffold Law) for failing to provide proper safety equipment to construction workers performing gravity-related work in the erection, repair, or demolition of a building. This means that under specific circumstances, a construction worker can sue the property owner and general contractor in addition to filing a Workers’ Compensation claim.

Contact the Law Office of Nicholas E. Tzaneteas

The Law Office of Nicholas E. Tzaneteas focuses on construction accidents and personal injury lawsuits. We understand the Workers’ Compensation claim process and how to recover compensation for a worker injured on a construction site. We also understand New York Labor Laws and have obtained construction accident settlements for our clients from parties who were at fault.

You may be eligible to file a lawsuit. Call the Law Office of Nicholas E. Tzaneteas. We have helped injured clients recover millions of dollars in judgments and settlements.

Bathroom Ceiling Collapse: What to Do

There are several reasons why a bathroom ceiling would collapse — from poor workmanship to incorrect access and use of roof space, building code violations, using inferior or improper building materials, lack of routine maintenance, and failure to repair cracks, water damage, or a water leak. A ceiling collapse can cause severe property damage and injuries to unsuspecting victims.

Potential Injuries from a Ceiling Collapse

Tenants and their children are frequently injured when large (and often wet) chunks of plaster, wooden planks, and ceiling joints fall. These falling objects frequently knock people unconscious.

A collapsed ceiling can also cause severe cuts and bruises to joints, and tendon damage, broken bones and fractures, head and brain injuries, skull fractures, facial lacerations, back injuries, paralysis and nerve damage, permanent disfigurement, and even death. Unusually severe head injuries can necessitate months or years of rehabilitative care and treatment for some victims.

All the mold exposed after a ceiling collapse can exacerbate breathing problems for those with previous lung issues.

What Are Common Signs of a Potential Ceiling Collapse?

There are several signs tenants and homeowners should look out for that indicate an imminent danger of a bathroom ceiling collapse. These include a sagging roof or ceiling; roof leaks; ceiling cracks; interior roof leaks; water sliding down the walls; damaged water fixtures on the ceiling; water spots and water stains; mold, and unusual noises like creaking, cracking, or popping that can be heard inside and outside.

What to Do If You Notice Any of These Signs

If you are in a rental, immediately contact the property owner or landlord to inspect the bathroom ceiling and make the appropriate repairs. Tenants in New York have a legal right to rental property that meets basic structural, health, and safety standards and is in good repair. This means repairing the roof and ceiling and any water damage in the apartment, hiring a mold remediation contractor to dispose ofmoldy porous building materials (drywall, insulation, etc.), repairing the floor from leaks, etc.

If your landlord fails to perform necessary maintenance, such as repairing a leaky roof, you have several important legal rights, including:

The right to withhold rent until repairs are made
The right to “repair and deduct”—that is, to hire a repair person to fix a serious defect that renders a unit unfit for occupancy and deduct the cost from your rent.

Also, if a known dangerous condition is not corrected and a tenant is injured as a result of it, the property owner/landlord may be held legally and financially liable for the tenant’s injuries and damages.

Be sure to document all communication with the landlord or property owner. Take photos of the damaged ceiling and affected areas and list all damaged property. Take pictures of your injuries. Proving that the landlord had prior notice is why you must notify your landlord or property manager immediately if you notice any ceiling water stains or damage, sagging, bubbles, or other signs of structural weakness.

Call an Attorney If You Are Injured

If a bathroom ceiling collapsed and you are injured, contact an experienced personal injury attorney for a free consultation. Depending on the extent of your injuries and the circumstances of the claim, you can be entitled to payment for your medical expenses, lost wages, the expense to relocate, and pain and suffering.

The Law Offices of Nicholas E. Tzaneteas in New York City are experienced premises liability/personal injury lawyers. We have worked on and won cases for clients who have been injured from collapsed ceilings.

For example, for one of our clients, we obtained more than $6.8 million in a case in which a 19-year-old nursing student sustained a back injury after being struck by a ceiling that fell on her while cleaning the bathtub. She had notified the landlord of the ceiling leak a month before the accident, and they failed to do anything about it.

In another case, our client was awarded $2.25 million after parts of a ceiling collapsed on him while he was taking a shower. He needed spinal surgery.

Our law firm cannot guarantee a similar outcome but can provide you with the expertise to navigate a premises liability lawsuit. We are experienced in dealing with a property owner’s insurance company, negotiating settlements, and taking a case to court.

Contact the Law Offices of Nicholas E. Tzaneteas today.

How Pit Bull Lawyers in Brooklyn Help You

The Centers for Disease Control and Prevention (CDC) estimates that 4.5 million people report dog bites annually. In addition, according to the CDC, about 800,000 dog bite victims seek medical attention. Thirty to forty people are killed each year by a dog attack. In 2020, 46 people died. Children are the most common dog bite victims.

Dog Bites By Breeds

During the last 20 years, according to the CDC, about 25 different breeds have been responsible for dog bites, with pit bulls and Rottweilers leading the pack, although more docile breeds like retrievers and hounds have also caused a dog bite injury.

Pit Bull-type dogs were believed to have committed approximately 66% of the attacks and Rottweilers about 10%, reveals CDC data.

Most recently, a Pit Bull attacked a mother and two kids, killing the children and critically injuring the mother who tried to protect her babies from the mauling.

The Cost of Dog Bite Attacks

Dog bite injuries and other dog bite-related injuries cost insurance companies about $900 million in 2021, according to the most recent statistics available. The average dog bite claim nationwide ran nearly $50,000. In 2021, according to the Insurance Information Institute (Triple-I), New York ranked fourth with the most dog bite claims. There were 900 dog bite claims in New York, with the average cost per claim at $68,203.

Injuries from a Dog Attack

A serious injury from a dog attack includes neck and back injuries, infections, broken bones, concussions and traumatic brain injuries (TBI), and rabies and other animal-transmitted viral diseases. Other injuries include torn tendons, and sprains and strains,

Who Is Responsible for a Dog Bite Injury?

Under the law, dog owners in New York may be held liable for a dog bite, regardless of a dog’s history of previous attacks or aggressive behavior. However, the circumstances surrounding the dog bite are taken into account.

Dog bite cases in New York are handled using a combination of strict liability and negligence. Even if the owner used reasonable care to restrain the pet, they or the dog’s custodian are strictly liable for medical bills resulting from an injury caused by their dog.

The concept of negligence is applied to all other expenses related to the dog bite injury. This means that the owner is only responsible if they fail to use reasonable care to warn others about the dog’s dangerous potential or protect others from harm. Because owners who know their pet has acted aggressively or attacked others in the past must use reasonable care to warn others about the danger, this negligence rule is sometimes called the “one-bite” rule.

To recover damages beyond medical bills in New York, negligence must be proven.

Can I Sue if I Am Attacked?

In almost every dog bite case involving dog-owner liability, you must demonstrate that the owner was aware of the pet’s previous behavior and risk of attack. A dog owner may be held liable for a dog bite in the following situations:

If there have been previous complaints: An owner may be held liable if others have complained about the dog’s vicious behavior, particularly if the animal is frequently violent or has previously bitten.

If the dog was taught to attack: Because the owner is fully aware that their dog is dangerous and capable of violence, a pet owner will almost certainly be held liable for any damages caused by an animal trained to attack.

If the dog has a habit of jumping on people: When owners are aware that their dogs frequently jump on people, it is their responsibility to keep their pets from jumping up and knocking people over.

If the dog has previously displayed threatening, vicious behavior: This can include situations in which a dog chases others to the point of frightening them, or barks viciously from behind a fence as if it is ready to attack.

If the dog has previously attacked: This is in accordance with the one-bite rule; it demonstrates that the owner was aware that their animal had once bitten.

Contact a Pit Bull Lawyer if You’ve Been Attacked

If a pit bull or another breed has attacked you, call the law office of Nicholas E. Tzaneteas for a free consultation. He is an experienced personal injury attorney who has worked on dog-bite cases and will discuss if and how to recover compensation. One of our practices is helping people injured by dog bites and animal attacks.

Depending on the injury and circumstances, compensation may include payment for medical expenses, physical and emotional pain and suffering, future medical costs associated with physical therapy or long-term care, temporary and permanent disabilities, disfigurement, punitive damages, and lost wages/loss of earning potential.