Construction Site Dangers and Pedestrian Injuries

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Construction Accidents

There are more than 250,000 construction sites in the United States on any given day.  A substantial number of those sites are in and around New York, where pedestrian foot traffic is a fact of city life. 

Contractors owe a duty of care to keep those pedestrians safe around construction sites. NYC’s Friedman, Levy, Goldfarb, Green & Bagley, P.C. represents injured pedestrians seeking compensation for losses and injuries related to construction site accidents.

Understanding Construction Site Dangers and a Contractor’s Duty to Pedestrians

Pedestrian injuries near construction sites typically occur in one of three ways:

  • Dropped tools or construction materials hit pedestrians walking near the site
  • Construction equipment or machinery operators strike pedestrians that they did not notice
  • Pedestrians slip and fall on uneven or unsafe construction surfaces

Pedestrians have a responsibility not to walk too close to a construction site and to follow safe pathways that construction contractors have arranged. Regardless, contractors will be liable for pedestrian injuries if they fail to follow simple safety procedures.

Who is Liable for Pedestrian Injuries at Construction Sites?

Multiple contractors and different companies typically conduct operations at a single construction site. The general contractor, one or more subcontractors, and the construction site owner or manager might each bear some portion of the liability for a pedestrian’s injuries.

Filing a lawsuit against the wrong parties can delay the resolution of the case and the payment of compensation for losses and injuries that a pedestrian suffered. Injured parties can avoid these unnecessary delays by hiring a knowledgeable and experienced construction accident attorney who is familiar with the common dangers and risks that construction sites pose to pedestrians.  

Estimating the Damages that an Injured Pedestrian Might Recover

In New York, an injured pedestrian must file his or her personal injury lawsuit within three years of the date of the accident. Filing the lawsuit as soon as is possible will always be an injured pedestrian’s best option because early filing will enable a construction site lawyer to analyze evidence and to interview witnesses while the circumstances surrounding the accident are still fresh in their minds.

If those circumstances show that a construction contractor’s negligence caused the pedestrian’s accident and injuries, then that pedestrian will have a strong case to recover compensation for:

  • Present and anticipated future medical bills
  • Wages and earnings that are lost while the pedestrian recuperates from injuries
  • Expenses associated with physical and occupational therapy
  • Pain and suffering, and loss of consortium and companionship
  • Any reduction in the quality of the pedestrian’s life due to permanent injuries and impairments

Contact NYC Construction Site Injury Lawyers

The construction site injury lawyers at Friedman, Levy, Goldfarb, Green & Bagley represent injured persons in the Bronx, Manhattan, Brooklyn, and throughout NYC and Long Island. Please call today for a free case review with a seasoned, savvy NYC construction site attorney. We will tell you how much your case is worth, and give you all the information you need to decide if you want to move ahead with a lawsuit. We work on a contingency fee basis, which means that you owe us nothing unless we recover damages on your behalf.

Additional Resources:

  1. https://highways.dot.gov/: Everyone is a Pedestrian – For a Safe Path Through Work Zones, Don’t Miss Your Cues. https://www.fhwa.dot.gov/publications/research/safety/pedbike/issues/workzone.htm

Common Rear-End Collision Injuries

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Rear end collisions are a leading cause of automobile-related injuries in the United States. In addition to physical and mental pain and suffering, victims can incur medical bills, lost wages, and other financial losses due to their crash-related injuries.

More often than in other types of crashes, rear-enders are caused by one party’s negligence. The New York City car accident attorneys at Friedman, Levy, Goldfarb & Green fight on behalf of accident victims to hold those at fault accountable.

Common injuries in rear-end collisions

Due to the physics involved in a strike from behind, certain types of injuries are common in rear-end accidents:

  • Whiplash injuries – A violent jerking forward and back can cause a sprain to the soft tissue of the neck and back. The pain it causes may resolve within a couple of weeks or continue for a year or more. Signs of the injury may not appear immediately.
  • Head injuries – Striking one’s head, even if the airbags deployed, can cause swelling, bruising, cuts, and even traumatic brain injury. Warning signs like loss of consciousness, impaired speech, dizziness, and reduced cognitive function should be evaluated by a doctor as soon as possible because they may indicate a brain injury.
  • Paralysis – A serious blow that injures the spinal cord or brain can render the victim paralyzed. The degree of paralysis and body parts affected depend on where along the brain or spinal cord the injury occurs.
  • Back injuries – In addition to spinal cord injuries, the force of a hit from behind can cause slipped or herniated discs, fractures, and sprains, leading to potential long-term pain and disability.
  • Facial injuries – The impact may cause the victim to hit the dashboard, steering wheel, or windows, leading to facial disfigurement. Even the impact of striking the airbags can cause facial injuries.
  • Broken bones – Drivers tend to tense up and brace the steering wheel during an impact, increasing the likelihood of injuries like broken wrists.
  • Seat belt injuries – Though the benefits of seat belt use generally outweigh the costs, the nearly instantaneous tightening of the seat belt during an accident can cause bruises and cuts across the body.

Taking care of rear end accident injuries

It is all too common that rear-end collision victims overlook the early signs of an injury. Damage from whiplash, other soft tissue injuries, and even brain damage may not be immediately apparent. Seeing a doctor as soon as possible after the accident allows you to treat the injuries as early as possible and potentially limit your suffering.

Seeing a doctor early also provides evidence of the effect of the impact. Pain from an injury often intensifies after a couple of days, but waiting that long to seek medical attention can lead to insurance companies questioning your claim. You can also make your claim go more smoothly by working with a skilled NYC car accident attorney at Friedman, Levy, Goldfarb & Green.

Speak with a New York car accident lawyer today

If you were hurt in a rear-end collision, it is important to act quickly. Choose an experienced car accident lawyer to navigate the often-frustrating claims and litigation process for you so you can get your life back to normal.

The attorneys at Friedman, Levy, Goldfarb & Green understand what you are going through and have the experience needed to help you recover the money you deserve. Call today to schedule a free consultation. We proudly serve clients throughout the New York City area, including the Bronx, Manhattan, Brooklyn, and Long Island.

Additional resources about rear-end collision injuries:

  1. Insurance Information Institute, Facts + Statistics: Highway safety, https://www.iii.org/fact-statistic/facts-statistics-highway-safety
  2. National Transportation Safety Board, Addressing Deadly Rear-End Crashes, http://www.ntsb.gov/Advocacy/safety-alerts/Documents/SA-046.pdf

Proving Fault in a New York Truck Accident Case

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Across the United States, three were 4,237 fatal truck crashes in 2017, the last year for which statistics were available, and 344,000 truck crashes in which someone was injured, according to the Federal Motor Carrier Safety Administration. Fatal crashes constituted 1% of all truck accidents and collisions in which someone was injured constituted 23% of all truck crashes.

In the five boroughs of New York City, there were 1,486 large commercial truck crashes in July 2019 alone, according to police reports. The only type of vehicle in crashes more often were passenger cars – and passenger cars are much more common than commercial trucks.

Injured in a truck accident? Tap to call for a FREE consultation!

Truck Accidents Can Be Catastrophic

If you’re in an accident involving a large commercial truck, you may be seriously – even catastrophically – injured. Harm from an accident can include spinal cord injuries and traumatic brain injuries that can leave you bedridden and unable to care for yourself for the rest of your life.

Broken bones, burns, organ damage, scarring, and loss of limbs are just some of the other injuries that can result from a truck accident. Trucks are exponentially larger and heavier than other vehicles on the road and can do much more damage as a result.

If you have been injured in an accident caused by a truck, you are entitled to have the other party’s insurance company pay for your injuries. In certain cases, you may step outside of New York’s no-fault insurance system and bring a personal injury claim for injuries, wages lost from work, and more. You are entitled to do this if you or a loved one has suffered:

  • Broken bone(s)
  • Significant disfigurement
  • Permanent limitation of use of a body organ or member
  • Significant limitation of use of a body function or system
  • Substantially full disability for 90 days

But both insurance and personal injury claims are dependent on finding out who was at fault for the accident.

How Do I Prove Fault in a Truck Accident?

While finding the parties at fault for an accident may sound simple, it rarely is in truck accidents. If a truck rolled over, for example, it might seem like a very clear cut case of the driver being at fault. A rollover is a serious accident that can be caused by the driver braking too fast, especially on curves or inclines.

But rollovers can be caused by multiple factors other than the driving. Improper and unbalanced loading, worn brakes or tires, or loads too heavy for the truck can all cause rollovers or be contributing factors.

If any of these are the cause, the at-fault parties could be the truck company, the truck owners, the maintenance and repair companies, the loaders or shippers, and even equipment manufacturers.

As a result, it is often necessary to investigate the causes of truck accidents to know who was at fault. Experienced truck accident lawyers can investigate the following:

  • Logbooks and delivery records to see how long the driver had been on the road
  • Cameras and data recorders (black boxes) that can indicate speeds and braking at the time of the accident
  • Witness testimony
  • Expert testimony
  • Expert reconstruction of the accident, which indicates how it occurred
  • Forensic analysis
  • Records of drug and alcohol screening

Talk with an experienced truck accident attorney for free!

When You Need a Truck Accident Lawyer in New York City

If you or a loved one has been in a truck accident in New York, you need an experienced law firm with investigative capacity. We can negotiate with insurance companies and fight in court if necessary to see that justice is done.

Please call an experienced NYC truck accident lawyer at Friedman, Levy, Goldfarb & Green today for a free consultation about your case.

Additional Resources:

5 Leading Causes of Car Accidents

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Even the best of drivers can make mistakes now and then. Whether you’re going a little too fast for weather conditions or texting a friend while trying to steer, there are actions that can seriously increase your risk of having a life-altering or even fatal collision.

According to the National Highway Traffic Safety Administration, 36,750 people died in motor vehicle crashes last year. And while New York saw a slight decrease in road fatalities, accidents causing serious injuries, lost income and economic hardships abound.

What can you do to avoid becoming a tragic statistic in your hometown? Educate yourself on the leading causes of motor vehicle accidents, drive cautiously, obey traffic laws, and be prepared.

Distracted driving

Distracted driving remains the leading cause of all traffic accidents in the United States. According to some reports, distracted drivers account for up to half of all car crashes today. Any activity that takes your attention and focus away from the wheel is inherently dangerous. Talking on the phone, texting, surfing the web, adjusting music, eating, brushing your hair, or interacting with passengers can compromise your safety and that of others on the road.

Driving while drunk or impaired

DUI accidents are on a downward trend in New York, and across the nation, but the threat of being hit by a drunk driver is still very real. Even two drinks can impair your concentration and reaction times significantly. If you plan on enjoying a cocktail or two, it’s always best to designate a sober driver or arrange a taxi for your trip home.

Speeding

Cruising 10 or 20 miles above the posted speed limit is a recipe for disaster, particularly if road and weather conditions are already treacherous.  Speeding is a major cause of thousands of accidents every year, and not surprisingly, the damage and injuries are considerably worse when excess speed is involved. Going over the speed limit not only slows your reaction time, it magnifies the severity and consequences of the impact.

Inclement weather

You can’t control if it rains, sleets or snows, but you can take steps to be safer on the road, or avoid driving altogether when weather conditions are too risky. Heavy downpours restrict visibility and increase the likelihood of hydroplaning after braking. If the weather is bad, give yourself extra time and take it slowly to avoid getting into an accident.

Aggressive driving

Aggressive driving has the potential to kill. Previous studies by the AAA found that 50 percent of deadly car accidents involved at least one driver who performed a hostile action – be it tailgating, weaving in and out of traffic, or cutting in front of other drivers and then slowing down. Motorists who are rushed, angry, frustrated, or upset may be more prone to committing such inconsiderate and illegal behavior when behind the wheel. If you’re on the road and feel threatened by the hostile actions of another driver, call 9-1-1.

Explore your legal options after a car accident

In the event that you are involved in an accident that wasn’t your fault, it’s a good idea to seek legal representation from a qualified New York car accident lawyer at Friedman Levy Goldfarb & Green.

We represent clients throughout the greater NY metropolitan area and know how to maximize your compensation.  Schedule a free, no-obligation consultation and explore your legal options with a law firm that is dedicated to your success.

Additional Resources:

  1. NHTSA, Early Estimate of Motor Vehicle Traffic Fatalities in 2018 file:///C:/Users/alilo/Desktop/Early%20Estimate%20of%20Motor%20Vehicle%20Traffic%20Fatalities%20in%202018.pdf
  2. Huffington Post, Top 15 Causes Of Car Accidents https://www.huffpost.com/entry/top-15-causes-of-car-accidents_b_11722196

What Are Your Rights When Pulled Over in New York?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Civil Rights

Police officers are charged with protecting the safety and upholding the rights of individuals. Many officers are ethical professionals who carry out their mission to the best of their abilities. Yet, all too often, people suffer the violation of their civil rights at the hands of law enforcement personnel. It’s important for everyone to be aware of their civil rights in New York so they can swiftly identify when a violation may have occurred and take action by contacting a civil rights lawyer.

Your rights as a driver of a pulled-over vehicle

Every driver has rights and obligations. If a police officer indicates that they would like to pull you over, for example, you’re obligated to safely stop. However, you are not obligated to answer questions. Your personal rights during a traffic stop include the right to remain silent. To exercise this right, you can tell the police officer that you would like to remain silent. However, you must still show the officer your license, registration, and proof of insurance upon request.

In New York City, police officers must inform you that they are requesting your consent to search your car, and they must also tell you that you have the right to refuse. The exceptions are if an officer has a search warrant and if the officer has probable cause that a crime has been committed.

After a traffic stop has been executed, you have the right to challenge its legality in a court of law. You can do this with the assistance of a civil rights attorney.

Your rights as a passenger of a pulled-over vehicle

In New York, passengers of vehicles that have been pulled over have the same rights and responsibilities as drivers do. Police officers could potentially order passengers to step out of the vehicle and submit to a search of their person. However, passengers are also protected from unreasonable searches and seizures, just like drivers. This means they have the right to pursue legal recourse if they have been the victim of an illegal search and seizure.

In short, like drivers, passengers have the following rights:

  • Protection from unlawful or unreasonable searches and seizures
  • Right to remain silent
  • Right to challenge, in a court of law, the legality of the traffic stop
  • Right to challenge, in a court of law, the legality of any search and seizure

Protect your civil rights with aggressive legal representation

If you believe your rights have been violated by a police officer, you need legal guidance right away. Contact the law office of Friedman, Levy, Goldfarb, Green & Bagley, P.C. to schedule a consultation with a veteran New York civil rights lawyer. We are committed to vigorously safeguarding the civil rights of individuals and groups and will explore all possible avenues of securing legal recourse on your behalf.

Whether you have been falsely arrested, subjected to an illegal search and seizure in your vehicle or home, wrongfully convicted, or been the victim of police brutality, our legal team will fight to defend your civil rights and freedoms. Individuals throughout New York City and Long Island are invited to contact our law firm to request a free consultationM

I Have Been in a Car Accident. What Do I Do Now?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

Shards of car glass on the street after car accident

Police respond to more than 6 million car accidents a year. In a no-fault state like New York, your insurance company is supposed to pay for your damages, regardless of who was at fault for the accident. However, even with the best insurance, it could be an uphill battle to prove the full value of your claim. Often, car accident victims – injured through little to no fault of their own – wind up paying 26 percent of the expense. If your medical bills are $200,000, that’s $52,000 out of your own pocket!

Not many people can afford the immediate cost of a car accident, let alone the lost wages and ongoing care for long-term disability or PTSD. Follow these tips from the car wreck lawyers at Friedman, Levy, Goldfarb & Green to pursue maximum compensation through a personal injury lawsuit.

Get out of harm’s way.

If you are very seriously injured, you may not be able to move at all. Dialing 9-1-1 may be all you can do. If possible, move to the shoulder of the road, flipping your hazards on to warn other drivers of the disabled vehicle. Remember, you are required by the New York State Vehicle and Traffic Law to immediately notify the police if a person is injured or killed in a motor vehicle accident. Failure to do so could result in license suspension by the Department of Motor Vehicles.  

Document what happened.

Ask the police to file a formal report, and request a copy for your records. While you wait for the police to arrive, you can gather the names of the other driver and passengers, the license plate number, insurance company name and policy number, color/make/model of the other vehicle, and contact information for any eyewitnesses.

Note the location of the accident, the direction the vehicles were traveling/facing, and the name and badge number of any responding officers. Use your smartphone camera to snap photos of the accident scene. Some insurers let you upload photos when you file your claim. Be careful what you say to the other driver. Be careful not to admit any liability for what happened.

Take care of yourself.

Even a minor symptom like dizziness, confusion, or a sore neck should be investigated by a health care professional. At least see your family physician if your injuries do not require emergency care at the hospital. Chiropractors are good medical professionals to see after an accident, as they take the time to carefully assess your “hard” injuries and refer you to the appropriate specialists. Diagnostic imaging like MRIs, x-rays, and CT scans may be necessary. You might need a psychologist, psychiatrist, or neurosurgeon to evaluate you for mild traumatic brain injury or PTSD symptoms.  

Call a car wreck attorney.

Consulting with a respected personal injury law firm costs you nothing. Successful attorneys work based on contingency, meaning you pay nothing out-of-pocket, and only pay if you end up filing a lawsuit that results in a settlement or jury award.

Friedman, Levy, Goldfarb & Green is a New York personal injury firm with a 50-year track record of success. Working with an experienced car wreck lawyerfrom the beginning increases your chances of obtaining the maximum compensation, as we investigate, preserve evidence, and make sure you receive top medical care. 

File your insurance claim.

Call your own auto insurance provider, let them know, “I was in a car accident,” and find out what to do after a car wreck to pursue compensation for damages. You can file by phone, online, or through an app – either from the scene of the accident or later.

When speaking with the insurance agent, you’ll want to make sure you understand key aspects of your coverage:

  • How much collision coverage do you have (to cover your property damage)?
  • How much medical coverage will you receive from your bodily injury policy?
  • How much is your deductible (the amount you have to pay out-of-pocket toward repairs and medical coverage before insurance kicks in)?
  • Do you have rental reimbursement coverage? If so, what is your daily limit?
  • How long do you have to make a claim and submit your bills?

Get your vehicle repaired.

The insurance adjuster investigating your accident will let you know how much you’ll be offered to pay for damages. Insurers typically require you to go to a designated repair center to get an estimate for repair costs. You can cross-reference the adjuster’s report with Kelley Blue Book or get a few other estimates.

If you disagree with the adjuster’s value, you can ask for a full report detailing how the repair costs were assessed and ask the adjuster for an explanation of the insurance payout.

When you call an NYC car accident lawyer at our firm, the burden of investigating the value of your vehicle and dealing with the insurance company is lifted. We’ll make sure the damaged parts of your vehicle are preserved as evidence, should it become necessary in court. Contact us for your free consultation as soon as possible.

Additional resources:

  1. http://www.rmiia.org/auto/traffic_safety/Cost_of_crashes.asp
  2. https://dmv.ny.gov/dmv-records/how-file-motorist-accident-report

5 Key Legal Issues Unique to Truck Accidents

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Truck Accident

If you or a loved one have been hurt in a motor vehicle collision with a large commercial tractor-trailer or 18-wheeler, you need an attorney who has experience handling truck accident claims. There are unique issues that must be addressed in order to prevail in a lawsuit and maximize your compensation. In New York City, the law office of Friedman, Levy, Goldfarb, Green & Bagley is here to answer any questions you may have.  

Injured in a truck accident? Tap to call for a FREE consultation!

Worse Injuries and Property Damage

The sheer size and weight of a commercial truck mean greater propensity for harm, whether it’s a spinal cord injury, head trauma, internal injuries from a roll-over, burns from a truck transporting flammable cargo, or broken bones. About 29% of all truck accidents result in serious injury, and nearly 1.5 percent result in a fatality. People in passenger cars are the ones who suffer in 73 percent of all truck accidents, according to the National Institute of Traffic and Highway Safety.

Larger Insurance Minimums

Compared to a passenger vehicle accident, the insurance policy limits are higher for commercial vehicles. Yet, for some, the increased availability of cash is still not enough. While commercial trucks have larger insurance minimums than passenger vehicles, the amount required by law was set in the 1980s and has remained unchanged for nearly 40 years, despite inflation. The minimums range from $750,000 to $1 million, depending on the gross vehicle weight and type of cargo carried.

Government representatives have recommended increasing minimum liability insurance to $4.9 million.

Federal Regulations and Trucking Company Policies

Companies operating commercial trucks must comply with state and federal safety regulations. For example:

  • Truckers must submit to routine, mandatory drug and alcohol testing.
  • Trucking companies must perform routine maintenance on their vehicles and maintain a log of upkeep.
  • There are limits on the allowable length and weight of the truck.
  • Trucking companies are responsible for pre-hiring screening.
  • All drivers must have valid commercial drivers’ licenses.
  • There is a maximum number of consecutive hours on the road and mandatory breaks.

A number of additional rules may apply to a trucker’s conduct, based on internal company policies. Policies typically cover substance use, medical disabilities, pre-trip inspections, breaks, maintenance, and virtually every aspect of the job. When there is a deviation in company protocol, the case for liability becomes easier to establish.

Talk with an experienced truck accident attorney for free!

Multiple Party Liability

In addition to the driver of the truck, liable parties may include:

  • The truck driver’s employer
  • The truck licensing company
  • The truck manufacturer
  • The truck repair shop
  • The cargo loading subcontractor
  • Another motor vehicle driver involved in the crash

Compromised Evidence

It is surprisingly commonplace for truckers or trucking firms to falsify their logbooks or reset black box recorders to hide wrongdoing. Experienced truck accident attorneys can recognize inconsistencies and subpoena records from GPS or data recorders that may conflict with the defendants’ accounts.  

We prefer to work with plaintiffs right away, so we can preserve accident scene evidence. Crash scene reconstructionists take detailed notes on the speed and direction traveled, as well as the positioning of each vehicle after the collision. Our team of investigators can interview eyewitnesses, track down surveillance footage, and make sure your vehicle damage is properly documented before it is repaired.

Contact A NYC Truck Accident Lawyer

Friedman, Levy, Goldfarb, Green & Bagley have served New York for over 50 years. We have extensive experience not just in automobile accidents generally, but in truck accidents specifically. Our team understands the unique challenges your lawsuit is likely to face and has a vast arsenal of resources to combat any potential issue that may arise. Contact an NYC truck accident lawyer from our firm for a free consultation and contingency-based representation that costs you nothing upfront.

Who Can Be Held Liable for Construction Accidents?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Construction Accidents


Construction sites are filled with hazards—sharp tools, heavy materials, temporary structures, and the constant buzz of people and machinery moving around on ground and overhead. To prevent severe and deadly accidents, employees are required to wear specific safety gear and follow certain procedures and protocols, while employers are responsible for providing safe equipment, properly educating and training their staff, and promptly addressing any known hazards that could lead to accidents.

When these processes aren’t followed, the consequence is often a very serious and sometimes fatal accident.

If you are a construction worker or an innocent bystander who’s been injured, or the loved one of someone who lost his or her life in a construction accident, you may be eligible for more than workers compensation or other insurance offers.

At Friedman, Levy, Goldfarb, Green & Bagley, our NY construction accident attorneys have more than 50 years of experience helping injured workers and their families find and prove who is liable for the accident and hold those parties accountable financially. In many of our cases, there can even be a mixture of responsible parties, causing you to file suit against more than one entity.

Multiple parties may be held liable in a construction accident lawsuit in New York

Some common parties that can be totally or partially responsible for your injury include:

General and Sub-contractors

Employers are responsible for properly training its staff, enforcing safety protocols, providing necessary safety equipment, and taking reasonable action to address and remove hazards. When the employer or on-site management team fails to do these things, they can be held responsible.

Architects and Engineers

Safety and security of a building is a major part of its design. Architects and engineers must consider hazards when designing a building and planning its construction. Creating faulty designs with obvious hazards could make them responsible.

Manufactures of Construction Machinery or Equipment

Defective equipment, especially when it comes to power tools and large machinery, can be deadly. The company that makes the devices could hold responsibility for your injury. If the equipment requires regular inspections and has reached past its expiration, your employer may also be liable.

OSHA compliance officer

An OSHA (Occupational Safety and Health Act) compliance officer is responsible for evaluating procedures, environments, and other factors in order to identify and address violations to OSHA standards. If the compliance officer becomes aware of a hazardous situation, it is his or her responsibility to ensure that proper reprimands are taken so that the issue gets resolved. If a compliance officer neglects to do so by “looking the other way,” he or she could hold partial responsibility for the incident.

Insurance companies

Employers, contractors, and other responsible parties likely have insurance policies to cover themselves and their personal assets in situations such as this. In these incidents, due to the nature of insurance, the representative insurance company can be held liable for the current and future costs of your medical treatment and other expenses relating to the injury.

If you’ve been injured at a construction site, whether on-the-job or as a bystander, don’t wait to determine your legal rights. The sooner you contact a NY Construction Accident Lawyer from our firm, the more likely you will be to have a successful case resulting in a larger settlement. Contact us today for a free case evaluation.

Scaffolding Accidents – New York Construction Zone Dangers

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Personal Injury Lawsuits

construction worker on construction site at sunset

Scaffolds are a regular feature of life in New York. They are a necessary element of building construction and maintenance, but unfortunately, they are also the catalyst for thousands of accidents every year.

The scaffolding accident lawyers at Manhattan’s Friedman, Levy, Goldfarb & Green represent construction workers and commuters who have suffered injuries in scaffolding mishaps.

We understand and have extensive experience with New York’s scaffold law that enables injured construction workers to recover the full amount of their damages from accidents around scaffolds. We also aggressively challenge the construction companies and their insurers that deny reasonable payments to commuters who suffer injuries from falling debris and other scaffolding problems.

Common Causes of Scaffolding Accidents

The causes of injuries from scaffolding accidents around New York construction zones generally fall into one of four categories:

  • Scaffolds that were not erected properly or that were used at capacities beyond their ratings;
  • Improperly secured tools and other objects that fall from scaffolds and injure parties standing below them;
  • Electrocutions from metal scaffolding that comes into contact with power lines; and
  • Inadequate employee training on how to safely work on or near a scaffold.

An injured party’s ability to recover damages will depend on his or her attorney’s skill and ability to show that those injuries were the direct and proximate result of another party’s negligence.

Special Protection for Construction Workers: The New York Scaffold Law

A construction worker’s employer might try to argue that the worker was responsible for their own scaffolding injuries as a result of not following job site rules and regulations. Under Section 240 of the New York Labor Law (the ”Scaffold Law”) a construction company cannot use a construction employee’s own negligence as a defense to paying damages. The Scaffold Law also requires employers to provide all necessary safety equipment to construction workers who perform tasks on scaffolds. If an employer fails to provide that equipment, the employer will be completely responsible for an injured worker’s damages.

How a Scaffolding Accident Lawyer Can Help You to Recover Damages

Multiple contractors and sub-contractors perform tasks at any given construction site on any day. A scaffolding accident lawyer at our firm can determine which of those entities bears the primary responsibility for the injuries you have sustained.

When a construction worker is injured on a scaffold, we will work to recover damages from all available sources. This includes maximizing workers’ compensation payments and recovering damages for negligence that are outside of the scope of workers’ compensation.

Our attorneys will also verify that a claim is filed before the expiration of any applicable statutes of limitations. An injured party in New York has three years from the date of the injury to file a negligence lawsuit. If, however, New York City or New York State was responsible for the injuries, then the injured party must file notice of an intent to pursue a claim within 90 days of the accident, and that party must then file a lawsuit within one year and 90 days of that date.

Friedman, Levy, Goldfarb, Green & Bagley, P.C.: Scaffolding Accident Lawyers

Construction companies and other entities that use scaffolds are responsible for ensuring the safety of their workers and of any other persons who are in the vicinity of the scaffolds. Friedman, Levy Goldfarb & Green represent injured parties in Manhattan, the Bronx, Brooklyn, a Long Island, and throughout the New York City metro area to recover damages for their injuries when those companies fail to live up to their responsibilities.

Please call us to speak with one of our scaffolding injury lawyers today. All consultations are free, and you owe us no money unless we win money for you.

Additional Resources:

What Are Your Legal Options If a Police Officer Harassed You?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Civil Rights

Handcuffs on top of a fingerprint chart

Community policing and other initiatives have reduced but have not eliminated the reported incidents of police harassment in New York City. If you believe that a police officer has harassed you, the New York civil rights attorneys at Manhattan’s Friedman, Levy, Goldfarb, Green & Bagley, P.C. will review your case at no cost to you and help you decide if taking legal action is in your best interest.

The Distinction Between Harassment and Aggressive Policing

 One person might perceive police actions as harassment, whereas the officer charged with harassment might characterize his or her actions as a reasonable response that was proportionate to the threat. Harassment is objectively defined as conduct that has no legitimate law enforcement purpose, and that causes a victim to suffer fear,  physical injuries, or emotional distress. That conduct might include:

  • Coercing false confessions;
  • Threatening witnesses to procure their testimony;
  • Regular surveillance with no probable cause;
  • Discrimination and profiling, including making comments that have racial, ethnic, or homophobic overtones;
  • Excessive use of force;  
  • Illegal search and seizures; and
  • Illegal or extended detentions.

Proving Police Harassment

In many cases, a police officer will have a very different description of circumstances than the person who is claiming police officer harassment. Determining the best legal actions in response to harassment will depend on the consistency and thoroughness of that person’s explanation of those circumstances. The person who is claiming harassment can accomplish this by:

  • Writing down everything that he or she remembers about the circumstances as soon as is possible after they occurred;
  • Taking multiple photographs of injuries that are the result of the police harassment;
  • Seeking immediate medical care for injuries, and retaining copies of medical reports that describe the nature and cause of those injuries;
  • Lodging a complaint directly with the police department, and following up on that complaint if no action is taken;
  • Safeguarding any physical evidence of the harassment and staying in contact with any witnesses to verify their observations.

Causes of Action for Police Harassment

Depending on the specific facts of a matter, a person who is the target of police harassment might have a cause of action under U.S. Federal Law if police harassment rose to the level of depriving that person of his or her Constitutional rights, privileges, and immunities.

That person might also have a valid complaint under both New York State and NYC Municipal Laws against individual police officers and the department that employs them.

A person who has been targeted by police should not hesitate to contact an experienced civil rights attorney. Causes of action under State and Municipal Laws have very short statutes of limitations. Any delay in filing a police harassment lawsuit may result in an early dismissal of the case.   

An Experienced Lawyer Can Help

An experienced civil rights lawyer will determine the best venue for filing a harassment lawsuit and will research the circumstances to fill in gaps and inconsistencies that can adversely affect the case. That lawyer can also check to see if the officer who is responsible for the harassment has any other complaints against him or her.

In extreme cases, police harassment may not be just the product of a rogue officer but may be a systemic problem that runs through an entire department or precinct. A civil rights lawyer can expose those problems and can use a lawsuit to put an end to particular types of police misconduct.

Call Friedman, Levy, Goldfarb, Green & Bagley, P.C.

At Friedman, Levy, Goldfarb, Green & Bagley, we believe that the integrity of New York’s police force cannot be maintained unless we expose those elements that utilize unlawful police harassment as a law enforcement tool.

Please call us if you have been subjected to police harassment in Manhattan, the Bronx, Long Island, or Brooklyn to schedule an appointment with a New York City police brutality lawyer today.

Additional Resources:

  1. www.justice.gov: Addressing Police Misconduct Laws Enforce by the Department of Justice. https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice
  2. US Commission on Civil Rights, https://www.usccr.gov/pubs/nypolice/ch5.htm