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Weekly 10-Minute Talk with Michael Brook Brook 11 20 24

Michael Brook
Michael Brook

As usual, it’s time for the weekly ten-minute discussion with Michael Brook, the head of the Bureau of Accident and Traffic Accident Investigations.

Michael: Hello! Hello, Alexander. Hello, dear listeners. I wish everyone good health and hope you avoid any troubles. However, if something does happen to you or your loved ones, acquaintances, or friends, any injury under any circumstances—for example, if you stumble and fall or get into a car accident, God forbid, if your back, neck, or lower back begins to hurt—it's best to call me immediately at 718-256-5610. Write down this number, keep it on your mobile, or find it online to access my website directly. You can download my business card and always have it at hand. It's better not to get into any trouble, but having this number with you is like a magic wand.

Alexander: Michael, I'm bringing up this question with you again, and you've answered it before, but many listeners keep asking: Could you explain once again the fundamental difference if someone, let's say, falls on the roadway and breaks a part of their body or severely injures it, or falls on the sidewalk?

Michael: It’s better not to fall anywhere, and certainly not to break anything, but unfortunately, we are not insured against such misfortunes. If someone falls in an urban area, then by law, in addition to proving there is a defect—like a pothole, crack, or a raised slab—we also need to prove that the city knew about this defect in advance. On private property, like adjacent to a large building or apartment complex, or a parking area, you don’t need to prove the owner knew beforehand. But if it's in the city, proof is required, and not every attorney can obtain it. When it happens on a sidewalk, there's more evidence that the city knew before about the defect. However, if it occurred on the roadway, there might be less evidence. I had a case where someone tripped in a significant pothole on a sidewalk. It was in a driveway leading to a pharmacy, and the attorney proved that the trucks entering the yard caused the damage. Consequently, the pharmacy's insurance paid, and my client received a significant compensation of $300,000.

So, if something similar happens, just call me as soon as possible at 718-256-5610, and you'll have immediate assistance.

Vladimir: I was driving with two of my friends in Brooklyn, and a car hit us from behind when we stopped at a red light. My question is: Should my friends hire a separate attorney, or can they approach your attorney too?

Michael: If your friends hire a separate attorney, paradoxically—even though you are not at fault—that attorney will likely also file a suit against you. However, if the same attorney represents both you as the driver and your passengers, they cannot sue you because they already represent the driver. Here's how the law works in this situation: If different attorneys represent you, they must consider suing you, primarily to ensure the other driver's insurance takes liability.

I had a similar client case involving another person who got rear-ended on the highway. The person who hit him tried to shift the blame, claiming my client made a sudden stop, which was untrue. Nonetheless, with my attorney’s help, my client’s innocence was proven, and he received the full insurance policy amount of $25,000.

Therefore, should you be involved in something like this and need legal representation, do not hesitate to contact me at 718-256-5610, and I'll direct you to trustworthy attorneys who can help.

Zhanna: Michael, I have a question. We visited a friend on the beach, and when I got out of the car, a speeding jeep drove by. I quickly jumped to the sidewalk but tripped on a raised slab and broke my left arm. Is it possible to find the jeep driver through cameras?

Michael: Unfortunately, since this driver didn't hit you, there's nothing you can legally pursue against them. However, you can sue the city for the raised slab. We had a similar case involving a dog, where the frightened person tripped over a slab. The specialized attorney I referred won $380,000 against the city. Although it was unfortunate, with a skilled attorney, adequate compensation is possible.

Remember to keep my number, 718-256-5610, always on you in case of any accidents or injuries. Michael Brook and skilled attorneys will ensure maximum compensation for your case.

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