• School Negligence / Negligent Supervision
• Construction Site Accidents
• Slip / Trip and Fall Accidents
• Defective Products

Long Island & Queens, New York Car and Auto Accidents

1. While attorneys (hopefully) have many cases, chances are this is your one and only case. Therefore, it certainly behooves you to find out as much information as you can about accident cases, what important questions your attorney should be able to answer about your case, and what mistakes to avoid diminishing the value of your case.
   
2. Don't be impressed by an attorney's offer of a free initial consultation for your accident case; in case you didn't know it, everyone offers a free initial consultation on accident cases. While we're on that topic, you should know that in nearly every case, it is highly unethical for an attorney to actively seek you out - also known as "soliciting" - to be his client. So, if someone you don't know tries to stick a lawyer on you while you're in the hospital trying to recover from the personal injuries you sustained in a New York auto accident, you should certainly think twice before hiring that lawyer.
3. In many instances (and although most lawyers would probably never tell you this), you may not even need a lawyer to handle your case; in fact, in some cases you may be better off without one.
   

Here are some of the basic rules governing car accident cases in New York:

• New York is a comparative negligence state, which means that in order to succeed on a personal injury claim, a plaintiff is required to prove that the defendant - or defendants - were negligent, and therefore at least partially at fault for the auto accident that caused the plaintiff's injuries. Unlike many other jurisdictions in this country, just because a plaintiff is found partially at fault for the accident does not mean that the plaintiff cannot recover damages for his or her personal injuries; rather, the plaintiff's recovery will be reduced by his or her relative share of fault for the accident. Thus, for example, if the plaintiff and defendant are each held equally responsible for an auto accident, the plaintiff's ultimate recovery will be reduced by 1/2.
  
• Auto accidents in New York are governed by No-Fault Insurance, which means that a plaintiff cannot recover damages for his or her personal injuries arising out of an auto accident unless they sustain a "serious injury," which, as a practical matter, means a medically determined injury that has prevented you from your usual physical activities for at least 3 months post-accident.
• If you have been seriously injured, it is probably a waste of time trying to negotiate with the insurance companies.
  

Call Us Today To Discuss Your Accident Case

It is difficult to know what to do in the wake of a traumatic accident – whether you were directly involved and injured in a car crash or as a pedestrian on the road or in the crosswalk. Even if you are not sure whether or not you have a case, you can call us (or fill out the form on this page) for a free and confidential consultation. At the Law Offices of Jonathan M. Cooper, our philosophy is that our clients should understand how the legal system will see their case in a straightforward and honest manner – even if the truth is that you do not have a viable case.

The Law Offices of Jonathan M. Cooper are located in Cedarhurst, New York, and serves the following areas: Brooklyn, Bronx, Queens, Manhattan, Nassau, Suffolk, Westchester and Staten Island.

"Why Most Accident Victims Do Not Recover the Full Value of Their Claim" is intended to help New Yorkers assure that they avoid some 10 simple mistakes that will almost certainly reduce the value of their accident claim, whether it results from a construction site accident, a car accident, motorcycle or bicycle accident, or even a trip and fall over a defective or cracked sidewalk.

Blog for Car Accidents

• Kids Better Off Driving With Grandma Than With Mom or Dad, Study Says
• Finding the Silver Lining in a Tragic Queens Car Accident
• Brooklyn Car Accident Case Highlights Importance of Photos
• CDC Predicts That On Average, 1 Pedestrian Will Be Killed Every 2 Hours
• In Big Shift, NY Court Expands Police & EMS Liability for Car Accidents
• Nearly 60% of U.S. Drivers Have Felt "Sleepy" Behind the Wheel, New Study Finds
• New York State's Roads in Dire Condition - and Getting Worse, Says Research Report
• Why Aren't New York Coach Buses Required to Have Seatbelts?
• One of the Biggest Dangers of Going to Trial in a New York Car Accident Case
• Study Finds That Drivers of 'Poor" Safety-Rated Cars 3 Times More Likely to Die in Side-Impact Car Crash
• NY Liable for Creating Snowbank "Deathtrap" at Bridge, Says Appeals Court
• Dangerous Intersection Just Outside NY School Caused Student's Death, Mom Claims
• Long Island Looking for (Wrong) Solutions to Avert Wrong-Way Car Crashes
• Malfunctioning Traffic Signals in NYC a Recipe for Disaster - But Not City Liability
• Friends Who Got Their Own Designated Driver Drunk Not Liable, Says NY Court
• Before Touting Your Pro Tort Reform Credentials, Consider This
• In Effort to Reduce Pedestrian Accidents, NYC to Install Countdown Clocks
• Finding EMS Was Not Reckless, Jury Dismisses EMT's Injury Claim Against NYC
• Driver Runs School Bus Stop Signal, Then Explains "I Didn't Know What It Meant"
• Appeals Court Limits Adverse Impact of Attorney's Admission in Opening Statement

Library for Car Accidents:

• When Rear-Ending Another Vehicle Isn't Automatically Fatal to a New York Car Accident Case   
  Long Island & Queens, NY car accident lawyer Jonathan Cooper discusses when rear-ending another car isn't automatically fatal to a NY car accident case.
• When the Duties of a Bus Driver to His Passengers End Under New York Law   
  When does a bus driver's responsibility to his passengers end in NY? For additional information, contact Jonathan Cooper directly at 516-791-5700.
• New York's Responsibilities for Dangerous Roads   
  Long Island & Queens, New York auto accident and personal injury lawyer Jonathan Cooper discusses what duties local municipalities have to maintain their roadways under New York law. For additional information on this topic, please contact Jonathan Cooper at his Nassau County office at 516-791-5700.
• Why a Malfunctioning Traffic Signal Alone Isn't Enough to Hold NYC Liable in Negligence   
  Long Island & Queens, New York car accident, municipal liability and personal injury lawyer Jonathan Cooper discusses why the mere fact that a traffic control device governing an intersection wasn't working doesn't mean that the City is automatically liable for a car accident or pedestrian knock-down under New York law. For additional information on this topic, please contact Jonathan Cooper directly at his Nassau County office at 516-791-5700.
• What Is the "Emergency Doctrine" in a New York Car Accident Case?   
  In this article, Long Island, New York car accident and personal injury lawyer Jonathan Cooper explains what the emergency doctrine is under New York law. For additional information on how to avoid the 10 mistakes that are guaranteed to reduce the value of your New York accident case, please visit http://www.jonathancooperlaw.com/reports/free-new-york-personal-injury-book-why-most-accident-victims-do-not-recover-the-full-value-of-t.cfm, or contact Jonathan Cooper directly at 516-791-5700.
• How New York's Dram Shop Laws Hold Bars Liable for Drunk Drivers   
  Long Island, New York auto accident and personal injury attorney Jonathan Cooper discusses how, under certain circumstances, a bar can be held liable for the injuries sustained by the victim of a drunk driver. For additional information on how accident cases are evaluated under New York law, please see http://www.jonathancooperlaw.com/reports/free-new-york-personal-injury-book-why-most-accident-victims-do-not-recover-the-full-value-of-t.cfm, or contact Jonathan Cooper directly at 516-791-5700.
• When a NY Police Officer Causes Your Auto Accident   
  Long Island, New York auto accident and personal injury attorney Jonathan Cooper discusses how auto accidents that are caused by a New York police officer are handled and evaluated under New York law. For additional information regarding how auto accident claims are generally handled under New York law, please download a Free copy of Jonathan Cooper's book, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" from www.TheNewYorkAccidentBook.com, or contact Jonathan Cooper directly at 516-791-5700.
• Why Some Bicycle Accident Claims Are Barred Under New York Law   
  In this article, Long Island, New York bicycle accident lawyer Jonathan Cooper discusses how a recent decision by a New York appellate court conceded that the line between a viable or not viable personal injury lawsuit resulting from a biking accident is unclear. For more information on this topic, or to discuss your particular case, Long Island, New York personal injury attorney Jonathan Cooper can be reached at 516.791.5700.
• Elevator Accidents and Injuries Under New York Law   
  In this article, Long Island and Queens, New York elevator accident attorney Jonathan Cooper discusses what a plaintiff needs to prove in order to win his or her case for personal injuries that were sustained due to a defective or malfunctioning elevator. For more information on personal injury cases generally, Mr. Cooper's free eBook entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" can be downloaded directly from www.TheNewYorkAccidentBook.com.
• Why Employers Are Liable For Their Grossly Negligent Employees in NY   
  In this article, Long Island, New York accident and train crash attorney Jonathan Cooper discusses how and why employers can be held liable for their employees' negligence in causing a fatal train crash accident. For further information on this topic, please download Mr. Cooper's FREE eBook "Why Most Accident Victims Do Not Recover the Full Value of Their Accident Claim" from www.TheNewYorkAccidentBook.com, or contact Mr. Cooper directly at his central Long Island, New York office at 516.791.5700.
• Dangerous Intersections: Municipal Liability Under New York Law   
  In this article, Long Island, New York Car Accident attorney Jonathan Cooper discusses what a plaintiff needs to do to win his or her personal injury lawsuit against New York State or the local municipality where the intersection or roadway was negligently or dangerously designed, or the traffic control devices or signals, such as a stop sign, were either obscured, knocked down, misaligned, or otherwise not readily visible from the public roadways.
  
  For further information on this important topic, and how it could impact your case in Brooklyn, Nassau, Queens or the Bronx, please visit the firm's website at www.JonathanCooperLaw.com, where you can download a copy of Mr. Cooper's Free eBook entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or contact Mr. Cooper's New York office directly at 516.791.5700.
• Make New Cars Noisier, Not Quieter, Say Scientists & NY Politician   
  In this article, Queens and Long Island Car Accident Attorney Jonathan Cooper discusses how the newer hybrid vehicles and electric cars pose safety concerns by virtue of being too quiet, and thereby failing to apprise blind people or other pedestrians of their speed and approach, and how the Congress and scientific community are trying to address these safety problems, concerns and issues. In order to obtain more information about this and other car safety issues, please contact the Law Offices of Jonathan Cooper at their main Long Island office at 516.791.5700.
• Should Good Samaritans Be Held Liable for their Negligence In NY?   
  In a fascinating op-ed piece, personal injury attorney Mark Williams argues that there are circumstances where a Good Samaritan should be held liable rather than insulated from liability for their actions, particularly where they demonstrate negligence or gross negligence. This article compares the California Supreme Court's decision on this issue to New York law.

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Frequent Questions for Car Accidents:

• If I rear-end another vehicle, does that automatically mean that a court will find me 100% at fault for the accident under New York law?
• Who is responsible to maintain the roadways in New York?
• If a traffic light governing an intersection isn't working, does that mean that New York City or the municipality can automatically be held liable in negligence for my accident under New York law?
• If a construction site worker is injured at a time that the worksite is closed, are the defendants liable under New York's Labor Laws for his personal injuries?
  
• If a construction site worker suffers serious personal injuries as the result of a gravity-related risk, or due to insufficient or faulty safety equipment, is the property owner automatically liable under Labor Law §§ 200, 240(1) and 241(6) as a matter of law?
  
• Are accidents that occur in a shipyard covered under the strict (or absolute) liability provisions of New York's Labor Laws that govern construction site accidents?
• Under New York law, how much time do I have to sue the City of New York or some other municipal agency?
• I was recently involved in an accident, and certainly bear some, if not most, of the responsibilty for the accident. Does that mean that I cannot recover damages for my personal injuries?
• If someone suffers personal injuries as the result of an elevator accident or malfunction, are the building owner, or elevator maintenance company automatically liable as a matter of New York law?
• If I was just injured while working at a construction site in New York, am I automatically entitled to recover damages in a lawsuit for my accident-related personal injuries?
• Can New York City (or any other municipality in New York) be held liable in negligence for my personal injuries if they provided funding for, and retained the ability to oversee, the operations of the non-profit organization's property where I was injured?
• Can a sporting facility's claim that I assumed the risk of injury when I chose to play on their grounds be a valid defense to my claim that their negligence caused my personal injuries?
• I was involved in a two-car accident because the stop sign for the other car was completely hidden from view from the main road. Can the local municipality that is responsible for the intersection and stop sign also be held liable for my personal injuries?
• If I was a passenger in my spouse's car and he got into a two-car accident with another vehicle, can I also sue my spouse in order to try and recover damages under our own auto insurance policy - in addition to the other driver's policy?
• I was just in a car accident. What forms do I need to complete, and with whom do these forms need to be filed?
• I had a Minor Car Accident. Do I Need an Attorney to Recover the Money for the Damage to My Car?
• I was Injured in a Car Accident. Who Will Pay My Medical Bills?

Case Results for Car Accidents:

• $600,000 Recovered for 30-Year-old Queens Man With Neck Surgery

Awarded: $600,000

• $145,000 Settlement for Back Injury Resulting from Suffolk Boating Accident

Awarded: $145,000

• $75,000 for Queens Man Who Was Backed Into by Lincoln Navigator

Awarded: $75,000

• $70,000 Recovered for Woman Who Injured Knee When Ambulette Personnel Dropped Her Down Stairs

Awarded: $70,000

Videos about Car Accidents:

• How the Courts Have Clamped Down on New York Auto Accident Cases
• Car and Driver Test Finds That Texting Is Actually More Dangerous Than Driving Drunk
• Democrat Bruce Braley's Response to Tort Reform
• CPSC Video Clip Demonstrates Dangers to Children From Furniture Tipover Accidents
• Auto Accident Re-enacted Through Accident Reconstruction Video
• Anderson Cooper story about questionable auto insurance practices
• The Myth of Full Auto Insurance Coverage

Web Resources for Car Accidents:

• National Highway Traffic Safety Administration

  Description: The NHTSA's website is a great resource for news, reports and studies on the automotive industry. Their site covers a broad range of topics ranging from drunk driving and safe driving tips to products and defective or dangerous product recalls as they pertain to child car seat safety.

• National Institute for Occupational Safety and Health

  Description: This organization is one division of the Federal Center for Disease Control and Prevention, which in turn is a division within the United States Department of Health and Human Services.
  
  NIOSH was established pursuant to Federal Statute in 1970 in order to assure a safer working environment, and eliminating or reducing hazards for American workers through its educational, and training, and is largely a research-based entity.
  
  In that regard, NIOSH's research in determining what are safe - or unsafe - exposure levels for different toxic substances and elements of exposure to toxic materials and harmful physical agents and substances, for example, is intrinsic to, and dovetails with, its power that allows it to recommend standards and conduct training for job-related health and safety.
  
  In the same vein, NIOSH is also authorized to contract with third parties, including private companies, to conduct research that furthers the agency's goals.

• New York City Department of Buildings

  Description: New York City's Department of Buildings’ database contains valuable information on properties throughout New York City's five boroughs, including property inspections, status of certificates of occupancy, as well as complaints and violations regarding these properties.

• Prominent New York Accident Attorneys

  Description: Weitz & Luxenberg, P.C.
  180 Maiden Lane, 17th Floor, New York, NY 10038
  
  Sullivan Papain Block McGrath & Cannavo, P.C.
  Manhattan Office
  120 Broadway - 18th Floor
  New York, NY 10271
  
  Gair, Gair, Conason, Steigman and Mackauf
  80 Pine Street - New York, NY 10005
  
  Tolmage, Peskin, Harris, Falick
  20 Vesey Street
  New York, NY 10007
  
  Trolman, Glaser & Lichtman
  777 Third Avenue, 35th Floor
  New York, NY 10017
  
  Torgan & Cooper
  17 State St., 39th Floor
  New York, NY 10004

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