"No Win, No Fee. Unless We Win Your Case, You Don't Pay a Penny."
The state of New York has recently been named 10th for the worst roads in the United States. Driving in Brooklyn or anywhere in New York City can be dangerous when considering confusing roadways, aggressive drivers, and constant stop-and-go traffic. Many of our road defects are a veritable obstacle course of areas in chronic states of disrepair and construction.
New Yorkers have lived with ongoing potholes, inadequate repairs, road shoulder deterioration, and poor road design for decades. These road hazards cause damage to vehicles resulting in thousands of dollars in repairs each year. Even more concerning, are the accidents they cause resulting in costly injuries and the loss of human life.
If you have been injured in an accident caused by a hazardous road condition in New York City, let the skilled Brooklyn defective road accident attorney Samantha Kucher and her team of injury lawyers at Kucher Law help you hold the responsible party accountable. We have dedicated our practice to helping accident victims in Brooklyn and throughout New York City get the compensation they deserve for their injuries and other damages. To speak with an experienced personal injury attorney, call us today at (929) 274 8000.
"No Win, No Fee. Unless We Win Your Case, You Don't Pay a Penny."
According to the national transportation nonprofit TRIP, it is estimated that approximately 45 percent of roadways in New York are in disrepair. According to this report, driving on deteriorated roads costs New York motorists $7.7 billion a year in repairs and vehicle depreciation.
But even more costly are the injuries and fatalities suffered by those who have been involved in accidents caused by these hazards. A study conducted by the AAA Foundation reports that road safety improvements would significantly reduce fatalities and injuries caused by these hazards and defects, both in New York City and around the country.
Road damage and disrepair can be caused by many factors, from natural causes such as weather and erosion to lack of maintenance and neglect.
When roads are left in states of disrepair, they can cause accidents that result in injuries not only to the drivers who navigate them but also to bicyclists and pedestrians who share the roads.
In and around New York City, we see many common defects and hazards, including:
While motorists are required to follow state traffic laws, construction companies, municipalities, and state governments are required to maintain a certain standard of care for those motorists who travel these roadways. When they fail to do this, they can be held liable for any injuries that occur as a result.
State, county, or municipal governments are responsible for road maintenance in and around New York City, depending on the road. But government entities are specially protected from liability as long as they have performed their duties adequately. While injured parties may have the right to sue a government entity or their employees in matters of negligent maintenance or design, it is more difficult to pursue these cases.
When you have been injured in an accident that was caused by defective road conditions or design, it is critical to get the assistance of an experienced Brooklyn defective road accident lawyer. Samantha Kucher and her team have spent their careers representing injured parties and their families, recovering the maximum possible compensation for their losses. To schedule an appointment with our personal injury attorneys, call (929) 274 8000.
Potholes in NYC present their own unique problems. Vehicles traveling over potholes are often thrown out of control, colliding with other nearby vehicles, objects, pedestrians, or cyclists. In many instances, a looming pothole can result in a vehicle veering off into another lane to avoid it, and even into oncoming traffic.
Road potholes are only part of this equation. While potholes in our city are a particular problem for drivers, they are also a problem for pedestrians and cyclists. In New York City, damaged pavement also affects many of our public sidewalks, creating the potential for devastating slip and fall accidents and serious injuries.
The city is responsible for repairing and maintaining potholes and damaged pavement. When it is negligent about repairing them in a timely fashion, it may be held liable for any injuries and other damages caused by its negligence. But under the New York Pothole Law, injured parties may have difficulty pursuing legal action.
Because of the special immunity afforded to government entities, injured parties have a higher burden of proof in personal injury cases.
New York City Administrative Code 7-201(c)(2), also known as New York City’s “Pothole Law,” says that no lawsuits can be pursued against the city for injuries that are caused by a roadway or street that is out of repair, dangerous, or obstructed unless a prior written notice had been provided to the city.
In New York City, the Commissioner of Transportation must maintain records of all written notices regarding hazards. The Department of Transportation is required to acknowledge these notices and then take repair action within 15 days of that acknowledgment. If there has been no action to repair or warn of the defect and an injury ensues, the city can be held liable for damages. Unfortunately, this puts the burden of proof on the victim.
Roads that are defective, as well as potholes, pose safety risks for the pedestrians and vehicle owners who use these streets every day. It is important for a victim of a road accident to seek the help of experienced personal injury attorneys right away. Having a skilled New York attorney may be able to help the victim collect the compensation they need for their recovery and for the pain they suffered from. Call us today at (929) 274 8000 to schedule a consultation.
When someone sustains an injury caused by a sidewalk defect, even though the sidewalk is public, the liability can fall on a property owner in some instances.
New York City is exempt from liability in accidents caused by sidewalk defects abutting commercial property or residential properties of more than three units. In these cases, the property owner(s) is liable for any accidents or injuries that result due to the lack of maintenance or repair of the public sidewalk.
If the building that abuts the sidewalk where the injury took place is a 1 to 3-family home, the owner lives there, and it is only used as a residence, the victim may pursue the city government in an injury claim.
Bringing a claim against a government entity for defective or hazardous road design can be especially tricky.
It is not enough to prove that a design defect exists. It must also be proven that the design was unreasonable and without adequate study before it was built. Furthermore, the government entity must have been aware of the defective design, had adequate time to rectify it, and failed to do so. Depending on the accident’s location, there may be multiple agencies responsible for the construction, design, and maintenance of the roadway in question.
At Kucher Law, we understand how important it is for a victim to receive the compensation they deserve for their injuries. If someone has been injured in a road accident, having a skilled personal injury attorney may be able to help the victim understand their rights and receive the compensation they deserve.
To speak with our team of Brooklyn personal injury attorneys, call (929) 274 8000.
If you have been injured due to a defective road in NYC, you will need to:
Filing a claim against a government entity can be challenging with particular procedures that must be adhered to. Claims against a municipality have specific timelines and a shorter statute of limitations than other personal injury claims. Proving negligence against a city or other government entity can be a frustrating experience. It is critical to have a skilled legal professional who is experienced in these matters in your corner to ensure that your legal rights are being represented.
Because of the immunity granted to government entities, bringing an injury claim against the city is very different from filing one against an individual.
If negligence was involved, you might be able to pursue a lawsuit under the Court of Claims Act. This allows you to bring a claim against the government similar to a claim against a private citizen. But there are particular procedures that must be adhered to.
You will be required to file a Notice of Claim, formally notifying the entity of your complaint against them. This makes the appropriate agency aware of your complaint and gives them a chance to respond. If they accept the claim, thereby admitting responsibility, they are agreeing to compensate you for your damages. If they deny your claim, you will then be required to file a formal lawsuit against them.
Attorney Samantha Kucher and our team of accident lawyers may be able to help victims of road defect accidents. If you or a loved one suffered from injuries due to a defective road accident, it is important to hold responsible parties liable. To speak with an experienced personal injury lawyer, call us today at (929) 274 8000.
If you have been injured in an accident because of a defective road, you will want the assistance of an attorney with significant experience in these claims.
At Kucher Law, our skilled Brooklyn defective road accident attorneys are fully prepared to investigate and identify the liable parties, whether that is a government entity, a property owner, a contractor, or other responsible parties. We often work with a network of professional accident engineers with vast experience with defective roadway cases to help us pursue a claim.
Our team of experienced lawyers will:
Pursuing a claim for a road hazard or defective roadway accident can be complicated. These cases require extensive experience and an intimate understanding of the law.
Attorney Samantha Kucher is an experienced Brooklyn defective road accident lawyer who has diligently defended her clients in personal injury matters against the city, state, and individual property owners. If you have been injured in an accident due to a road defect, call us at (929) 274-8000 or contact us online to schedule a free consultation with our injury lawyers to discuss your case. We don’t charge unless we have recovered compensation on your behalf.
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