As usual, it's time for the weekly ten-minute chat with Michael Brook, the head of the Bureau of Investigation of Accidents and Road Incidents.
Michael: Hello, Alexander. Hello, dear radio listeners. I wish everyone health and the desire not to get into any trouble, especially if it is somehow related to injuries. This could be a car accident, a fall, or an incident at a construction site. In all these situations, I advise having my phone number handy. If someone among your acquaintances, friends, relatives, or colleagues experiences something similar, the best thing to do is to call me immediately at 718-256-5610. I work at any time, day or night, any day of the week, without holidays, so you can always call me if something happens, regardless of the nature of the injury.
Listen, Michael, I won't reveal any secrets if I say that all our housing can be divided into two categories: owned and rented. Many radio listeners ask what happens if an unfortunate event occurs in one's own home or a rented apartment. What is the principal difference here? What should be done in all such situations, and how might it affect the amount of money a person can receive for it? Please answer.
Michael: Sometimes it's a very crucial point whether you own the house or apartment or rent it. As you cannot sue yourself, liability insurance indicates responsibility; it covers you only if responsibility is placed on you. The insurance takes over this responsibility 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, but you cannot receive money yourself because that's how the laws are set up. However, if you rent the apartment, then you are not the owner. In such a case, you can sue the owner if they did something wrong or created a dangerous situation. For example, if there's a defect that caused an unfortunate incident...
I have an example: a man came to me whose apartment had a broken tile in the corridor, and he had informed the landlord about it through a letter and phone calls. He even called a superintendent, but no one ever fixed the tile. Eventually, the wife of the man, who rented the apartment, came home from the theater wearing high heels. Her heel got caught in the tile, and she fell forward, breaking her arm. The attorney managed to prove that the apartment owner knew about the defect in advance and did not fix it on time. There was a substantial insurance payout because the owner not only owned that one apartment but the entire building. The client managed to get not less than $300,000 from the insurance, essentially a third of a million. So if, God forbid, something similar happens, then simply call me as soon as possible at 718-256-5610. If you didn’t have a chance or a notebook or mobile phone to save my number, you can just type MichaelBrook.com on the internet, and all my contact information is there. Just remember, Brook is spelled B-R-O-O-K, and it's all one word. I advise keeping my site as a bookmark on your smartphone so that it’s always easy to access and you can send a message directly from the site.
Thank you, very interesting answer. Now let's listen to Oxana. Oxana, please.
Oxana: A situation happened. My husband was hit by a car at an intersection while crossing the street. The driver stopped and called an ambulance and the police. However, the driver broke traffic rules by hitting my husband, who is now feeling very poorly. The question is, in this situation, can we get any money, and which insurance will cover his treatment?
Michael: In this situation, the driver will undoubtedly be at fault. To what degree, the lawyer will need to prove. But since it happened at an intersection, the driver is likely 100% at fault unless your husband was running through a red light because in all other cases, the driver is at fault. Pedestrians always have the right of way except when running a red light. Even if they run against the light, the driver still shares responsibility because typically, pedestrians are hit by drivers exceeding the speed of 25 miles per hour, which is quite slow, and braking should be possible. A driver, even on a green light, is obliged to brake if a pedestrian, cat, or dog runs out. According to the rules, the driver must try to prevent a collision and stop. That the driver stopped and called the ambulance and police was correct, as required by traffic rules. If the driver hadn’t done that, it would have been a crime. This incident is not considered a crime here, but nevertheless, the driver violated traffic rules, which means his car insurance is liable. My lawyer is confident he will get money from this insurance. I had a case where someone ran through a red light and was hit by a driver who had the green light. However, another driver, who stopped and witnessed the event, reported to the police and confirmed the pedestrian ran a red light. Still, my lawyer managed to get $20,000 for the pedestrian with a broken arm, even though the total coverage was $25,000, because he proved partial fault of the driver. After all, the driver was speeding, otherwise, he’d have managed to stop. So, even when pedestrians violate the rules, drivers still bear responsibility, and their insurance pays, albeit possibly less.
I'd like to remind everyone about my phone number 718-256-5610. If you don’t have my phone number handy, you can search for MichaelBrook.com anywhere on the internet, and all my contact information is there.
Thank you, Oxana. Now a question from Ruslan. Ruslan, please.
Ruslan: My girlfriend tripped in the parking lot near a shop called Kayfood and severely injured her knee. It was some sort of divider she stumbled over, and I wonder if it's in the right place. Can we claim compensation for this injury?
Michael: In these situations, I provide a specialized lawyer who has dealt with similar cases. This lawyer will send a special representative to the site, usually an engineer or former police officer, who understands these dividers well and can determine if they are correctly made and whether they comply with codes and rules. If there is any breach of safety protocols, the shop’s insurance will have to cover damages, and the lawyer will secure compensation for the injured. I had a similar case where a woman fell near a grocery store on their parking lot and broke her arm. She claimed a defective curb, and my lawyer sent a special representative to investigate and identified the defect. The woman's fracture was set in a cast for six weeks, but still, the lawyer managed to obtain $100,000 for her.
So once again, I want to remind you of my phone number 718-256-5610. Note it down on your mobile and always carry it with you. In case of any unfortunate event or injury, I will immediately connect you with a lawyer any time of the day or night, any day of the week. If you cannot find my number, you can always enter MichaelBrook.com internet browser to retrieve all my contacts, and you may also save it as an icon on your smartphone. Once again, my number is 718-256-5610. In case of accident, injury, or fracture, call Michael Brook, head of the Bureau of Investigation of Accidents and Road Incidents, who will refer you to an experienced lawyer ensuring maximum monetary compensation.