And 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 Traffic Incidents.
Misha: Hello!
Alexander: Hello, esteemed radio listeners. I wish everyone health and hope you never encounter any troubles. However, if something unfortunate happens to you or your loved ones and friends, whether it's an injury under any circumstances, like stumbling or being involved in a car accident, God forbid you start experiencing back, neck, or lower back pain, the best course of action is to call me immediately at 718-256-5610. Write down your mobile number and always carry it with you. Or, search for this number, 718-256-5610, online where you will find my website, and you can directly download my business card. You'll always have everything at your fingertips. It's best to avoid any incidents, but always keep my number as your lifesaver.
Michael: I am addressing you with this question not for the first time, and you have answered before. Yet, many listeners keep asking this question repeatedly. Please explain the fundamental difference if a person falls on a roadway and breaks or severely injures some part of their body, or falls on a sidewalk. It's better not to fall anywhere, let alone break anything. Unfortunately, we are not insured against such mishaps. If a person falls in a city area, the law requires not only proving the existence of a defect, like a pothole, crack, or a lifted slab, but also that the city was aware of this defect in advance. If it's private property, like an area adjoining a large building or apartment complex or a parking area, there's no need to prove the owner's prior knowledge. Whereas, with the city, such proof is necessary, and not every lawyer can obtain it. When it happens on the sidewalk, there is generally more evidence that the city knew about the defect beforehand. But if it occurs on the roadway, there is often less evidence. Truthfully, sometimes a pothole isn’t due to the city's fault. For instance, I had a case where an individual tripped over a substantial pothole at the entrance to a yard, next to a large pharmacy. Their lawyer proved that the trucks entering this yard had damaged the sidewalk, so the pharmacy's insurance covered it. As a result, my lawyer secured $300,000 for the individual with a serious fracture, which is somewhat less than a third of a million. Hence, if something similar occurs, call me promptly at 718-256-5610. The number is your handy lifesaver.
Thank you. I hope this question won’t arise for some time. Let's hear from Vladimir. What is your question?
Vladimir: Michael, I was driving through the city with two friends in Brooklyn, and as we were stopping at a red light, having come to a halt after it turned from yellow, suddenly a car slammed into us hard from behind. They said our car might need a claim with the insurance company. Should my friends hire a separate lawyer, or can they approach yours? I have already contacted your lawyer and scheduled an additional appointment. If your friends hire a separate lawyer, paradoxically, even though you are entirely blameless in the accident, they might try to sue you as well. If my lawyer represents you all, he cannot sue you because he represents the driver and cannot legally do that to you. This is how the laws work. Clearly, you are not at fault here, but formally, if a lawyer only represents passengers, they must technically sue you. Moreover, that driver who hit you from behind could also attempt to sue you, even though they have very little ground. If they consult a doctor about treatments, someone might refer them to a lawyer, who might attempt to sue you merely to shift some blame onto you and thus lower the impact on their insurance.
I'll share an example. A man approached me after getting rear-ended on a highway. The driver who hit him was weaving between lanes and speeding. When traffic slowed, and my client naturally braked, the driver behind didn’t respond in time and crashed into him. The man who hit him was African American and called an ambulance for himself, then went to a doctor, hired a lawyer, and sued our client, claiming he braked suddenly ahead, which was untrue. His lawyer tried to prove this version to shift blame onto our client. However, our client was represented by a lawyer I referred him to, and it was proven that the blame fully lay with the driver who rear-ended him. Our client received the full insurance claim of $25,000. His passengers, friends seated with him, both men and women, also sustained injuries. They too consulted my lawyer, who obtained a collective sum of another $25,000 for them. If anything similar happens, make sure to call me quickly at 718-256-5610. Using this number online will bring up my website, from which you can instantly download my business card. Additionally, my site offers a lot of helpful information which I recommend reading. Thank you, and now let's move on to Zhanna. What's your issue?
Zhanna: Michael, I have a question. We went to visit a friend near the shore. When I stepped out of the car, an SUV sped past me on the narrow street. I quickly jumped onto the sidewalk, but tripped over a raised slab, falling and breaking my left arm. I immediately contacted your service, but my question is whether the guy in the SUV can be found via security cameras. He sped away without stopping, and how will this case proceed?
Michael: Since the driver didn't physically hit you, unfortunately, the law doesn't allow for suing him, making finding him pointless. There's no coverage for such situations without contact. However, you can sue the city for that slab you tripped over. The fact that you were avoiding the car shows you couldn’t have noticed the raised slab, which the city's lawyer might use to accuse you of failing to avoid it. But because your attention was elsewhere – avoiding the car – you naturally didn't see it, thus strengthening your case against the city. If we obtain footage showing this, it will further reinforce your claim. I had a similar case involving a dog; a woman got frightened and tripped over a slab, breaking her right arm. I referred her to a specialized attorney against the city. The same attorney I recommend for you sued the city and secured a considerable $380,000 settlement. I'm confident he’ll obtain a significant sum for you in your case. It's regrettable you experienced such an unfortunate incident, but this attorney is extremely experienced, having served three years as a prosecutor in Brooklyn. He knows how to effectively litigate against the city and will get you appropriate compensation for your injuries. Once again, jot down my number, 718-256-5610, and always carry it with you. In case of accidents, injuries, or fractures, Michael Brook, head of the Bureau of Investigation of Accidents and Road Traffic Incidents, will direct you to experienced attorneys who will fight for your maximum financial compensation: 718-256-5610.