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Lawsuit Against Car Services – Not So Fast – It Depends on Where You Sue

lsaftler — Wed, 21 Sep 2011 17:43:51 +0000

One of the interesting facets of pacticing and knowing the law of personal injury is knowing where to bring your lawsuit. This is important for every case, but it can make the difference of winning or losing outright when it comes to suing a car service.
Car service or the “black car” service industry are the black limos you call for your ride to the airport or for whatever purpose you wish when you want private transportation service. The names of the companies range from companies like Carmel Car Service, 777-7777, Farrel Limousine, New York Car and Limo Service and numerous others.

What the unknowing passenger doesn’t know when they get into a limo is that if that driver has an accident, while you may think the Car Service you hired to transport you would be responsible, don’t count on it. That depends on where you brought you lawsuit, and not where you had your accident, oddly.
There was a time when you could not hold a car service responsible anywhere because the car service claimed they were merely a dispatching service, with no control over their independent drivers. My law firm changed that , but only in the First Department, which comprises Manhattan and the Bronx. See Devlin v City of New York, 254 AD2d 16. We argued that the car service held themselves out as the drivers’ employers, amongst other things and the Appellate Division agreed, but the law that was made is applicable only in the First Department. There is a split in the departments. In the Second Department, meaning Queens, Brooklyn, Nassau, Westcheter, Suffolk and Staten Island, the law is the opposite, meaning they still ascribe to the view that these companies are dispatching services with no control over their drivers and therefore are not responsible.

This split in the departments was highlighted in a case reported in the September 21, 2011 New York Law Journal out of the Second Department named Barak v Chen and Carmel Car Service, where the Appellate Division went so far as to state, “we decline the plaintiff’s invitation to adopt the reasoning of the Appellate Division, First Department in Devlin v City of New York, that an additional factor that should be considered in regard to whether vicarious liability is appropriate is whether [the defendant car service] held itself out to the public as being the employer of its drivers”. To me, this decision is an invitation to let the highest court in the state, the Court of Appeals, reconcile this difference in law between the Departments.

It is just not right that you can’t get the same justice in Queens or Brooklyn that you can in the Bronx or Manhattan. For those of you who get into car accidents as passengers in car services, these services should be held accountable for what they hold themselves out to be – the employers of “their drivers”. Don’t be shut out of the courthouse, bring your lawsuit in Manhattan or the Bronx against any black car accident case.

FLYING IS SAFE, BUT WHAT ABOUT WHEN YOU GET OFF?

lsaftler — Thu, 25 Aug 2011 17:34:22 +0000

You take a nice long flight, it may be a little bumpy, it may be smooth as glass, but you land and you are safe. The last thing on your mind, other than getting your luggage and your ride to your home or other destination, is falling as your pass through the jet way to the gate.
On August 24th, 2011, as an American Airlines jet was letting people off, the whole jet way collapsed. It is up to the appropriate authority to make sure that these jetways are properly maintained and safe. More often, people trip as they depart a plane due to a gap, or fall as they trip over objects on the ramp. We, at the Saftler Law Firm, have handled many such accidents against the parties responsible for just such accidents. While it is all very possible that you could trip because you weren’t watching which could render it your fault, it is just as likely that it is the fault of the owner of the facility or the airline for failing to maintain their premises. Watch your step as you deplane and be aware at those times you would not otherwise be on guard for your safety as at other times.

Bus Accident on 95 Killls 13, Many Other Injured

lsaftler — Sat, 12 Mar 2011 14:01:03 +0000

In a highly publicized accident, a bus was caused to flip over and slide into a sign post, shearing off part of the bus and killing and seriously injuring many passengers. It was reported by Jonathan Dienst on NBC that a witness reportedly saw a tractor trailer cut off the bus, but that is under investigation. While the cause of the accident will take time and effort to determine, video on the highway will help in the investigation.

While the initial shock and force of the tragedy is paramount, as well as the imortance of proper medical care for those suffering from their injuries, the future legal needs will be as important for the survivors and injured victims. It is necessary to make sure no fault documents are filed promptly to make sure the medical bills are covered through the appropriate insurance carrier, that of the bus company. Further, estates must be administered to allow for the claims of those who lost loved ones to proceed. Medical necessities go first, but oversight of care as well as documentation is important to future recovery.

At the Saftler Law Firm, we stand ready to assist anyone injured in an accident or who lost loved ones from an accident. It is important to know the attorney you hire is in a position to be of utmost help, with the caring and understanding, each person’s case needs. We never like to hear of accidents like this happening, which clearly are preventable by careful and cautious driving, but when such accidents strike, we are here to help. We wish those involved who survived a speedy recovery as well as our sorrow for those who lost loved ones.

Witnesses to an Accident – Identify Yourself as a Witness, Obtain Witnesses if a Victim

lsaftler — Thu, 03 Mar 2011 16:03:38 +0000

In the years I have been practicing as an attorney devoted purely to the pursuit of seeking a recovery for injured individuals through the wrongdoing of others, one of issues not necessarily required, but considerably helpful is that of finding an unbiased, disinterested witness. Think of it from the standpoint later on when a jury or the insurance carrier for the other side will reflect upon your story to determine the veracity of what you are claiming. You can succeed without such a witness or witnesses, but to be successful, it is important, if you are an accident victim, to try to obtain the identity, along with addresses and phone numbers, if possible, of any witnesses to the event. Having such witness at the time of the trial, showing a statement to the other side, deposing that witness before trial, goes a long way to being successful to prove what you say happened, happened the way you said it did. It is the rare case that the party you are suing agrees with your version of how an accident happened, let alone agrees with your view of who’ fault the accident was.

If you witness an accident, while not your duty to speak up and identify yourself, it is the right thing to do in to help your fellow citizen in a time of need. If the shoe was on the other foot and it was you that was the injured party, you would be the one who would be helped, so consider your moral responsibility. As stated before, you can succeed without a third party witness with no stake in the outcome, but it certainly helps.

It is difficult for someone who is injured, while in the moment, to be cognizant of what will help them later during the pursuit of a claim, but an accident can happen to you, someone you love or a good friend or colleague. Being aware of what helps at the moment of an accident can help someone you know in the future and it would help your attorney in helping you or the person you are concerned for.

Van Accident on New York Thruway – Who is Responsible?

lsaftler — Mon, 20 Sep 2010 19:13:46 +0000

Recent news revealed a horrible accident which occurred on the New York State Thruway -On Saturday, September 18th, 2010, the New York Times reported: “Six Killed in Crash on New York State Thruway”.
The details, while still under investigation, reported that a tractor- trailer may have been involved in hitting the van. However, the evidence, according to police sources, indicate that a rear tire detreaded and the vehicle rolled over, therefore, it was a single vehicle accident.
Who would be responsible for this terrible accident is the subject of this blog. While the owner and driver of the vehicle are the most obvious responsible parties, other parties may exist in the form of the vehicle manufacturer (for rollover propensity of the vehicle and/or roofcrush), the tire manufacturer (for tire detreading), the State (possible roadway defects) or even the most recent inspection station for allowing the vehicle to pass inspection (possible negligence). In this case, the vehicle was also on a sponsored trip by the church, possibly rendering the church responsible for their negligent oversight.
In cases such as this, it is important to have the scene and the vehicle inspected as soon as possible, without disposing of the vehicle for future review. The families of the deceased victims of this accident should find legal help as soon as possible to institute estate proceedings to move on what needs to be done relating to this accident. It is also important that the victims of this terrible accident obtain the legal help with the know how and sophistication to deal with the high potential regarding an accident of this magnitude. While it would be simple to place the blame on the driver, those effected should be advised that it is not necessarily the only blame that exists.

Not Happy With Your Present Attorney? Don’t Worry, Be Happy!

lsaftler — Thu, 13 May 2010 18:54:47 +0000

You should be happy and confident with whomever you choose to represent you. Communication with your attorney is one of the most important aspects of representation. Hopefully, your trust in your attorney’s opinion will allow your attorney to help guide you with important decisions throughout any litigation or legal matter. We, at The Saftler Law Firm, have taken over many cases from other attorneys where the client becomes unhappy with their prior attorney for their simple failure to respond to their phone calls. Making an appointment to see your attorney so that you can be updated with what’s going on should be routine. Our office prides itself on responding to all calls within 24 hours and seeing clients as, if and when called upon. We never shy away at giving answers on what is the present status of a case.

Whatever the reason for your unhappiness with your present attorney, you have a right to choose new counsel at anytime without consequence to you or your case. In a personal injury matter, your agreement on fees remains the same and the outgoing attorney obtains an attorney’s lien for the share of work he did on your file. What’s most important is that you have the attorney you want working for you with the confidence and competence you want working for you as well. The contingency fee arrangement remains the same and your interests are otherwise protected by your new attorney.

At the Saftler Law Firm, we are prepared to answer any questions or issues you have relating to your matter, whether new or not. While we prefer to take a matter from it’s inception, we examine each case based on it’s individual merits and decide accordingly. While we can’t take them all, we do want to make you happy if we do take your case.

Choosing the Right Attorney

lsaftler — Wed, 19 Aug 2009 19:20:32 +0000

When seeking legal help of any nature and particularly in litigation matters, but no more or less in personal injury matters, you should understand that before approaching an attorney, the attorney you will choose, will bear the burden of presenting your case the right way and in the best light while being your spokeman before a court and a jury, as well as the other side, in order to obtain the best result for you. Your attorney should be someone you like, respect and trust and someone you interact with well, since his opinion will help influence the development of your case and someone who’s advice, while not required, you would want to listen to when it comes to his recommendations when the appropriate time comes, whether during settlement negotiations or during trial. This is important to know and understand early on, since you must draw on your attorney’s experience and knowledge of the field and his expertise in the subject matter, which should also form the basis for your decision to hire him in the first place. Experience and knowledge of the law and how to handle your case are most important factors in your consideration of any attorney. Ask any attorney you choose to meet whether they have handled a case like yours, what results they have gotten in the past and whether they are capable of bringing a case like yours all the way through trial. Experience in the field develops over time, just like reputation, and when all that one does is specialize within a single field, i.e., personal injury matters, it allows the attorney to focus on such matters exclusively, know the limits of how far to proceed, how much to obtain, knowing the parameters of everything involved to judge the value of a case based upon the totality of a case, not just a singular aspect. To learn about your attorney, it is important to communicate and know who you have hired so that in the end, you know you can trust his advice. With the Saftler Law Firm, you will always have access to open communication and answers to any questions you have. With more than 30 years of experience and results to prove it behind us, we look forward to helping you in this time of important need.