As usual, it's time for a weekly ten-minute chat with Michael Brook, the head of the Bureau of Accident and Road Traffic Investigations. Michael, hello.
Hello, Alexander. Hello, dear listeners. I wish everyone good health and to stay out of trouble, especially if it’s related to injury, be it a car accident, a fall, or an incident at a construction site. In these situations, I advise having my phone number at hand. If something like this happens to someone you know, a friend, a relative, or a colleague, the best thing is to call me immediately at 718 256 56 10. I am available anytime, day or night, any day of the week, without holidays, so call me anytime if something happens, any injury.
Listen, Michael, but I won’t reveal any secrets by saying that all our accommodations are divided into two categories: owned and rented. Many listeners ask what happens if, say, an accident occurs in a privately owned home or a rented apartment. What are the fundamental differences here, and how can it affect the amount of money a person might receive for it? Please explain.
Sometimes, it’s a crucial point whether you own a house or apartment or are renting it because you cannot sue yourself. Insurance, known as liability, covers you only if you are held responsible. The insurance removes this responsibility from you and pays someone else, not you. Therefore, if someone falls in your house or apartment and sues you, they can get money from your insurance. However, you cannot receive money yourself. This is how the laws work. But if you’re renting an apartment, you are not the owner. Then you can sue the owner if they have done something wrong or allowed a dangerous situation. For example, if there is a defect that caused an incident.
Let me give an example. A man contacted me; there was a broken tile in his apartment hallway. He had notified the landlord about this issue, sent letters, called, and even alerted the superintendent, but the tile was never fixed. Eventually, his wife, who was renting this apartment, came home from the theater in high heels. Her heel caught on the tile, and she fell forward, breaking her arm. The lawyer managed to prove that the landlord knew about the defect in advance and didn’t fix it in time. The insurance was substantial because the landlord owned multiple apartments in the building. He sued the landlord and received $300,000—one third of a million. So, God forbid something similar happens, just call me as soon as possible at 718 256 56 10.
If you don’t have your phone book or mobile phone handy to save my number, you can simply search for Michael Brook online. Remember, ‘Brook’ is spelled B-R-O-K, all one word. I recommend saving my website as an icon on your smartphone for quick access. You can directly send a message from the site. Thank you, that was a very interesting answer. Let's see what Oksana asks. Oksana, please.
A situation occurred where my husband was hit by a car at the intersection while crossing the road. The driver stopped and called an ambulance and the police, but he broke the traffic rules by hitting my husband, who now feels very unwell. The question is whether we can receive any compensation, and which insurance will pay for his treatment?
In this situation, the driver will undoubtedly be at fault. The degree will be determined by a lawyer, but since it happened at an intersection, he is likely 100% at fault unless your husband was jaywalking through a red light; even then, the pedestrian usually has the right of way, except when crossing against the light. However, drivers still bear some responsibility because usually, only drivers exceeding the speed limit of 25 mph fail to stop in time. A driver is expected to brake even at a red light if a pedestrian—or any person, cat, or dog—is rushing. The rules demand avoiding collisions whenever possible.
The driver stopped, called an ambulance, and the police, which he was obliged to do. This isn’t a crime; it’s an accident. But breaking traffic laws makes the driver's car insurance responsible. My lawyer will certainly, I have no doubt, get compensation from his insurance. I had a case where a person ran a red light and a driver, going on green, hit them. Another driver, who witnessed the incident, stopped and testified, saying the pedestrian was jaywalking. Even then, my lawyer got $20,000 for the pedestrian's broken arm because it was proven the driver was speeding.
I want to remind everyone of my phone number: 718 256 56 10. If you don’t have it handy, search for Michael Brook online. All my contact details are there. And now, Ruslan, your question, please.
My girlfriend tripped in a store's parking lot and seriously injured her knee. She tripped on a barrier or divider. Can we claim any compensation?
In these situations, I provide a specialized lawyer experienced in similar cases. The lawyer will send a representative, usually an engineer or former police officer familiar with such barriers, to assess whether they are properly made and meet safety codes. If there's any violation that could harm pedestrians, the store's insurance will be responsible, and our lawyer will obtain compensation for the victim. I had a similar case where a woman fell in a grocery store parking lot and broke her arm due to a defective curb. My lawyer got $100,000 for her.
Again, my phone number is 718 256 56 10. Save it on your mobile and always have it handy. If you can't find my number, search the internet for Michael Brook. It's spelled B-R-O-K, all one word. Save it as an icon on your smartphone. For any accident, injury, or fracture, Michael Brook and his team will guide you to experienced lawyers to secure maximum compensation. 718 256 56 10.