New York Car Accident Lawyer Blog

Published on: April 17, 2012

Drivers of emergency vehicles are afforded some sort of immunity

by Stephen Bilkis

Drivers of emergency vehicles are afforded some sort of immunity from vehicular accidents that result to personal injuries. Emergency vehicles include ambulances and police cars are more prone to car crashes when the drivers are responding to calls of emergency from dispatchers and most of the time, serious injuries arise from these as they are more likely to involve high-speed collisions. Our expert explains that an emergency vehicle driver who gets figured in a car crashis governed under the vehicular and traffic laws 1104, wherein his actions must be qualified and that he must not be found to be more than negligent to be able to be exempted from being liable to his victim’s injuries.

This is an example of a car accident case involving a police car and another vehicle as reviewed by one of our top Attorneys. On February 4, 2011, the Milim couple, Steven and Susan (Plaintiffs), was stopped along an intersection in Suffolk County behind two vehicles, while traveling northbound and waiting for the red traffic light to change. Finally, at the turn of the green light, the two cars moved forward and just as Steven Milim was about to pull up, a spinning police car slammed onto his left side which made their SUV spin 360 degrees.

According to Steven, the impact was so great that it could be described as something exploding inside the car. In his testimony prior to the trial, Steven Milim also claimed that he did not see the car because he kept his eyes on the road ahead, anticipating the traffic light to turn to green. He only came to realize that the police car was going to slam against their car when his wife, Susan motioned for him to watch out for the incoming spinning police vehicle. Moreover, Steven said that it was a cold, wet day for driving. In Susan Milim’s testimony, she stated that the police car was out of control spinning at an estimated speed of about 70 mph.

Published on: April 14, 2012

Ill Woman Causes Crash involving 6 Cars

by Stephen Bilkis

A car accident involving six vehicles on Route 101 is thought to of been caused by a medical condition of one of the drivers. The car accident happened on Saturday morning. The lady suffered from her illness which quickly developed into a pretty serious six car pileup according to police.

There were no fatalities caused by the crash and nobody was seriously injured as a result of the accident. Police said that it’s lucky that this accident wasn’t much more serious than it actually was.

Police have also explained that the woman will not face any criminal charges because of the accident. The accident was not her fault, and she didn’t know that she would cause the accident if she drove. The police still haven’t released the name of the woman, but it’s unlikely this information will ever be passed into the public domain.

Published on: April 12, 2012

21st Players Death + Wrongful Death Lawsuit = #1 Problem For NCAA

by Stephen Bilkis

Most of the college aged students will do anything they can to make the roster so that they can play football. It’s such an important thing for many high school students to do. One student wanted it so badly that he died trying. Now, his family is blaming the NCAA. The family wants the NCAA to pay damages for tragically cutting his life short.

Early in 2010 the student collapsed as a result of an early morning workout. It’s thought that he collapsed because of over exerting himself when working out. Six hours after collapsing he was pronounced dead by doctors. This was a severe blow to the family that had lost their much loved and popular son.

The family of the deceased believes that it would have been possible to prevent the death if the practices used were correct. The family has alleged that the teenager did not have the necessary medical supervision. The family has filed wrongful death lawsuits against the head coach, members of football staff, medical staff, the University of Mississippi and the NCAA. This is a major headache for the NCAA who thrive on having a good reputation.

Published on: April 9, 2012

Kathleen Stolarz and her husband were involved in a two-car auto accident

by Stephen Bilkis

Kathleen Stolarz and her husband were involved in a two-car auto accidentcaused by a bus on Route 6 in Woodbury, New York. This happened on February 18, 1989. A source found out that the vehicle that they were using was a company car rented by her employer Blue Cross/ Blue Shield. Blue Cross/ Blue Shield is a New Jersey company, and the car is registered in New Jersey. The car was insured by New Jersey Manufacturers Insurance Company. The policy given to Blue Cross/ Blue Shield was set to be consistent with the New Jersey law. Mr. and Mrs. Stolarz often garaged the vehicle at their home in Monroe, New York, which is just a few miles from the New Jersey border.

The insurance company of the other vehicle paid Mrs. Stolarz $20,000, which is the liability limit of the insured’s policy. This was disputed by Allstate Insurance Company, from whom the Stolarz’s got their personal car’s insurance from. They based their dispute from the underinsurance coverage of that policy. Mr. and Mrs. Stolarz demanded for arbitration. A source said, Allstate Insurance Company answered by filing for a special proceeding with the Supreme Court. New Jersey Manufacturers Insurance Company also disputed the amount that is payable and joined the proceeding to get a decision as to the obligations of the parties. Allstate Insurance Company settled with Mr. and Mrs. Stolarz and was not part of the appeal anymore.

New Jersey Manufacturers Insurance Company argued that in the insurance policy’s terms and the New Jersey law, they were entitled to offset the $20,000 which was given by the other driver to Mr. and Mrs. Stolarz from the $35,000 limit that was in the policy. Mr. and Mrs. Stolarz, said by a rep, countered this with the New York law offset clauses are void, and they should get the full amount. The court determined that with the conflict between the New Jersey law and New York law in this case, New York law should be the one to be followed with these injuries.

Published on: April 6, 2012

Irving Cohen was driving his vehicle June 8, 1974

by Stephen Bilkis

Irving Cohen was driving his vehicle June 8, 1974 when the vehicle, while he was trying to parallel park, and after he placed it on reverse, shot backwards at a high speed and even with him stepping on the brake did not stop. It moved backwards in an arc around 70 feet to the east side of the street, through an open space on that side. It then jumped the curb, and only stopped when it hit a building’s wall. Astor Cover was walking on that side of the street and was crushed against the wall by the speeding car. This accident cost him a leg and the other leg had required a brace. A Lawyer found out that even with a prosthesis and a brace, he could only stand if he had canes to help him.

Mr. Cover initially filed a case against Mr. Cohen only. After the death of Mr. Cohen, he added General Motors, the manufacturer of the vehicle and Kinney Motors the dealer to the complaint. Instead of Mr. Cohen, it was changed to claim from Mrs. Cohen, who was acting as the administratrix of Mr. Cohen’s estate. A source said this was because they got information that the car was delivered to Mr. Cohen brand new by Kinney Motors on December 22, 1972. It had only been driven around 12, 000 miles, since he got it and should have been working properly.

A two-part trial had a jury decide four issues. The first is whether Mr. Cohen was negligent in his driving, and it was the immediate cause of the accident. Second is if General Motors was negligent and if that negligence also directly contributed t the accident. The third is the throttle return spring of the Chevrolet was defective and was it already defective when it was taken from General Motors. The last is if Chevrolet is reasonably dangerous because of the defect in the spring and did that defect caused the accident. The last question included an instruction that says, “If your answer is ‘yes’ then you must also find as against Kinney Motors as the seller (of the vehicle) on this issue of strict liability.” A policeman said that the jury’s response was, in degrees of fault, was that Mr. Cohen is 2% liable, General Motors 94% and Kinney Motors 4%, and damages were calculated in favor of Astor Cover at $6,000,000 and in favor of Pearl Cover, on her request for relief, at $2,000,000. The trial judged moved the matter of negligence against Mr. Cohen to the jury, along with the issue if liability against Kinney Motors. The issue of Mr. Cohen against General Motors with regard to negligence, and liability was also moved to the jury. He also granted Mr. Kinney’s motion for damages. He also granted General Motors motions to lower the amount demanded from $3,000,000 to $1,000,000 but denied the motion for a new trial.

Published on: April 3, 2012

A multiple vehicle accident caused Joel R. Heiney, James Pattillo and Carl Dorfman to cross.

by Stephen Bilkis

A multiple car accident caused Joel R. Heiney, James Pattillo and Carl Dorfman to cross. The accident happened August 8 on the Belt Parkway in Brooklyn. A Lawyer said that from records what took place started with Mr. Pattillo. Mr. Pattillo was moving east on the left-hand lane of the Parkway. Mr. Dorfman and Mr. Heiney were travelling westbound, separately. It is still uncertain why, but Mr. Pattillo’s car suddenly swerved to the left and crossed the median line separating the eastbound and westbound lanes. Once on the westbound lane still going east he first hit a taxicab, next was Mr. Heiney’s vehicle. After Mr. Pattillo’s car hit Mr. Heiney’s, Mr. Heiney’s car was involved with Mr. Dorfman’s vehicle in a second collision.

Mr. Heiney and his wife started the proceedings for an instant action against Mr. Pattillo and Mr. Dorfman, immediately after the accident. In their petition, they said that Mr. Pattillo was negligent as he caused his vehicle to cross into oncoming lanes of traffic. For Mr. Dorfman, their case was that he did not maintain a safe distance from their vehicle that would have allowed him to avoid hitting them. The defendants, Mr. Pattillo and Mr. Dorfman, introduced claims against each other.

The courts in The Bronx and mainly in Brooklyn had a hearing in the issue of liability only. The witnesses were Mr. Heiney and his wife, Mr. Pattillo, Mr. Dorfman, a witness who was not involved and a police officer who arrived at the scene a few minutes after it happened. In Mr. Heiney’s testimony, he said that he was moving towards the center of the westbound lane when he noticed a commotion to his left. He saw Mr. Pattillo’s vehicle swiping the rear of a taxi. This was in the left hand lane and was about a car and a half ahead of him. In a few seconds, Mr. Pattillo’s car hit the left side of his vehicle. He was still moving in the center lane when Mr. Dorfman’s vehicle hit his car from behind, and that is where he lost control of his vehicle. The car stopped at the right side of the road. According to a source, the witness who was not involved named Phillip Stein supported Mr. Heiney’s testimony. He was travelling on the eastbound lane where he noticed Mr. Pattillo’s vehicle weaving from side to side in the left-hand side of the eastbound lane and suddenly crossed to the westbound lane. He hit the taxicab, Mr. Heiney’s car, and then Mr. Heiney’s car was hit by Mr. Dorfman’s. Mr. Stein clearly said that when Mr. Pattillo’s vehicle veered to outside the eastbound lane, there were no other vehicles, and it had not been in contact with another vehicle.

Published on: March 31, 2012

Single Car Accident Claimed Life of Suwannee man

by Stephen Bilkis

Police reports handed to a law firm state that a Suwannee county man was killed as a result of a car accident. Only one car was involved in the accident and it was caused because he lost control of his vehicle.

The accident happened on Thursday night according to the report. The man died before emergency services were able to respond and was declared dead at the scene when first aiders did arrive.

The driver who died was a 39 year old man. When emergency services attended the scene they declared him dead as a result of the injuries sustained in the crash which happened at 9:30 PM. The crash happened on County Road 137.

Published on: March 28, 2012

Car Accident Hospitalizes LA Ink Star

by Stephen Bilkis

Ruth Pineda, who might be better known as Ruthless was involved in a serious car accident last week. The star of LA Ink required emergency medical attention at a hospital after the serious accident.

The doctor explains that it is thought the 26 year old TV star was traveling to an appointment. She was driving her Mercedes E300 when a very big bus hit the side of the vehicle.

Emergency services were very quick to attend the scene and discovered that she was in a serious condition. The victim was taken to a local Orange County Hospital by hospital. She required medical treatment for more than twelve hours as her injuries were so serious.

Published on: March 26, 2012

Speeding Mother Kills Children

by Stephen Bilkis

In a tragic car accident, two young children were killed. The accident happened because their mother was speeding and lost control of her vehicle. The car crashed resulting in the deaths of the two young children, explains a witness.

The children who died were brother and sister. They were 18 months old and 4 years old respectively. Neither of the children was strapped into car seats which are thought to be the main reason why they died instantly at the crash.

The crash occurred on the Dubai-Hatta Road and has shocked the local community. Many drivers speed through this popular cut through, and the fact that the children were not adequately restrained lead to tragic consequences.

Published on: March 23, 2012

According to reports, the Oldsmobile skidded to the accident point somewhere about one half mile near Kiamesha

by Stephen Bilkis

According to reports that reached a doctor, this is a personal injury claim as well as personal damages claim by four private individuals against the state of New York in 1955. Hyman Portnoy, Theodore Galperin, Irving Mittenberg and Sheldon Ludmerer were the people involved in a road car accident on the night of June 26, 1955 going to Monticello on Route 42. All four men were riding a 1949 Oldsmobile Sedan which was being driven by Ludmerer. According to reports, the Oldsmobile skidded to the accident point somewhere about one half mile near Kiamesha. According to Ludmerer, the car swerved, skidded and hit a stanchion before it went off the road and finally stopping at a ditch ahead.

The expert also got the report that according to the testimony of Portnoy, immediately before the car accident happened, he felt the car passed by some pebbles and stones some 2 to 3 feet along Route 42. He also further testified that about a week or two before the accident, he had been walking on the same route and saw that there were sand and dirt thick enough to cover the pavement but failed to describe the exact thickness of the dirt.

On the other hand, when Ludmerer testified, he said that he was very familiar with the road that they were travelling that night. He said he did not remember seeing any dirt or pebbles on the road that night. He also said that we was not really paying attention on the actual road. At the hospital he casually mentioned to the State Trooper that he thought he was probably going too fast. But this part was not mentioned on his testimony on the court.