As usual, it's time for our weekly ten-minute talk with Michael Brook, head of the Bureau of Accident and Road Traffic Incident Investigations. Michael, hello.
Michael: Hello, Alexander. Hello, dear listeners. I wish you all health and hope that no one finds themselves in unpleasant situations. However, if, God forbid, an accident happens to any of you, or your friends, acquaintances, colleagues, or relatives, it is best to call me as soon as possible at 718 256 5610. I will immediately connect you with a lawyer at any time of day or night, on any day of the week. This lawyer will consult you, calm you, and handle your case. Once more, my number is 718 256 5610. Feel free to call any time, any day, to seek advice.
Before we start our conversation, listener Gregory called us. He is disabled and moves around in a wheelchair. He was brought to a doctor’s appointment by special transport. On the way to the doctor's office door, his wheelchair's wheel fell into a crack in the road. He fell and broke his right arm. He's already contacted your service, and you've already connected him with a lawyer. First, he wants to thank you for this. Secondly, he asks how the fact that he wasn't walking, but in a wheelchair, will affect the outcome of the case?
Michael: The fact that Gregory was in a wheelchair and its wheel got caught in a road crack actually increases the responsibility of the territory's owner, whether it's the city or a private company. They are fully responsible for considering all scenarios, especially those involving disabled individuals, to prevent any mishaps. If there’s even a minor possibility or suspicion that someone, like a child or a disabled person in a wheelchair or a cyclist, might get trapped in a pit or get caught and injured, this pit should be filled, or the defect fixed. If the lawyer I connect you with is able to prove that the owner of the area is at least partially to blame for the fall—in particular, Gregory's fall—this will be sufficient to claim from the insurance company. With a serious injury like a broken right arm, the lawyer representing Gregory will need to prove some percentage of fault on the part of the territory owner. If it’s city property, the lawyer must also prove the city knew about the crack in advance.
I'll give you an example. A man approached me who uses a wheelchair. He wanted to access an office, but there was an issue with the doorstep. Due to this, he fell along with the wheelchair and also broke his arm. I connected him with a lawyer specializing in such cases. This lawyer proved that the office was aware of the defect beforehand and had received complaints from people, even in writing, but did not fix it in time. For someone in a wheelchair, the situation was critical, resulting in the fall. The lawyer was thus able to prove the office's liability, receiving an insurance payout of 500,000 dollars, or half a million.
So, if something similar happens, immediately call our service at 718 256 5610. If you don't manage to jot down the number or don’t have anything handy to write with, simply search for "Michael Brook" online. You'll find all my contact information there, and you can even send a message directly from the site. So once again, my number, 718 256 5610.
Thank you, Gregory. Let's hear from Victor. Victor, please go ahead.
Victor: I was sitting in the back seat and wasn't wearing a seat belt. Will this affect my case? Will they pay for my treatment?
Michael: According to new rules, everyone must be wearing a seatbelt. However, this does not excuse the jeep driver from violating traffic rules, such as not keeping a safe distance, which resulted in an accident. I believe, in this situation, he will bear greater responsibility for your injuries than your failure to wear a seatbelt, which the lawyer I assign to you will seek to prove. As for treatment costs, New York state laws dictate that it will be covered by the Uber insurance you were riding, and they will then handle any claims against the responsible party. You will not be involved in this.
I'll give another example. A woman approached me; she was also riding in an Uber as a backseat passenger when a Mercedes hit them from behind. The impact was so powerful that she suffered a shoulder fracture. Naturally, the lawyer representing the Mercedes driver tried to reduce the compensation by pointing out that she wasn’t wearing a seatbelt. However, my lawyer proved that the driver didn’t maintain distance and violated traffic rules by speeding. Therefore, the primary responsibility for the client's severe injury rests on the Mercedes driver, and his insurance was obliged to cover the full $100,000. If the coverage on the Mercedes had been more, we might have received more. Thus, my lawyer managed to secure the full insurance claim.
If, God forbid, something similar occurs, call me immediately at 718 256 5610. Save this number on your mobile with the note "Michael Brook" and always have it with you. Let it be your good luck charm and lifesaver in times of trouble.
Thank you, Victor. And we have time to hear from Tatiana. Tatiana, please go ahead.
Tatiana: Hello Michael. I live in a private house in a park and rent an apartment there. The board at the entrance is broken. I've told my landlord twice in writing. What if I fall on the way out? Will he be liable?
Michael: Generally, if a homeowner or apartment owner knew of a defect beforehand, they were obligated to fix it. If they didn’t, and the defect caused injury to a tenant or guest, they are responsible for all consequences. Consequently, any health damage will be covered by their insurance. If the defect is in a public building, like the vestibule, near the elevator, or on the stairs, you aren’t required to inform the landlord, as the owner is responsible. If it's inside your apartment, then you must inform them, as they might not be aware otherwise. Exceptions include, for instance, if the ceiling falls on your head—the owner would be liable even if you hadn't reported the defect.
A woman contacted me who lived in a rented private home in Brooklyn. There was a faulty tile near the front door. She wrote to the landlord about it, but nothing was fixed. One day, after returning home tired from work, her foot got caught on the faulty floor section, and she fell forward, hitting her head against a corner. This resulted in a brain injury and partial memory loss. Initially, the insurance company tried to prove the landlord was unaware of the defect, but the lawyer I connected her with proved otherwise in court, securing $300,000, or a third of a million dollars, for her.
If, God forbid, something similar happens, call me immediately at 718 256 5610. Save my phone number with the name "Michael Brook" on your mobile, and always carry it with you. Let it be your protective charm from misfortunes. If something happens to friends, colleagues, family, or acquaintances, you can call me at any time, day or night, and I will connect you with a lawyer.
Once more, if you didn’t manage to note it down, search "Michael Brook" online. The site "MichaelBrook.com" contains all my coordinates, and you can send messages from there too. I recommend saving the site and contacting details on your phone—it’ll always be handy. So, once again, my phone number, 718 256 5610. Call any time, any day, and I will promptly assist in case of an accident, injury, or fracture. Michael Brook, head of the Bureau of Accident and Road Traffic Incident Investigations, will direct you to experienced lawyers ensuring maximum monetary compensation for you. 718 256 5610.