Collisions can happen for a lot of reasons, but when we get into our cars, we expect the roads themselves will be reasonably safe. Sadly, crashes can happen due to unsafe designs or poor maintenance on public roads. It is one thing to point to an intoxicated driver who is to blame for an accident, but who is to blame when a crash happens because of a bad road?
In those cases, the people responsible for designing, building, and maintaining the roads can be held accountable. This usually means bringing a civil lawsuit against a city or state government agency, which can be more difficult than a private claim. Having an experienced NY car accident attorney to represent you is important, but even more so when you are going up against the government. If you or a loved one has been injured in an accident on a dangerous New York roadway, call Wingate, Russotti, Shapiro, Moses & Halperin, LLP, at (212) 986-7353.
Immediately following a car accident, the cause of the collision might not be pressing to you – you’re probably more worried about the well-being of your loved ones and damage to your vehicle. But when the dust settles and you’re wondering what to do next, the cause of a collision is vital to who pays the bills. Sometimes, you can point to the negligence of another driver, but other times, the situation can be more complex; for example, if it was a single-car accident.
A dangerous roadway claim is one in which you and your lawyer argue that the cause of your wreck was the road itself. In this type of case, you have to prove that the design, construction, or maintenance of the road was in some way negligent and created a dangerous situation. But proving this is not as easy as it seems, since certain rules within construction codes are designed to protect builders against lawsuits.
Modern roads are designed by engineers who study how vehicles behave on different surfaces, moving at various angles and taking different curves, and design roads to be as safe as possible. At least, that’s how it is supposed to work.
Sometimes the design and construction of a road can go to the lowest bidder, who might not perform the task properly. Or perhaps the engineer in charge of a road design notices a dangerous issue but is ignored because it would be too expensive to change things once it’s already under construction. Other times, proper maintenance is not performed, so a road that might have started off safe becomes dangerous. All of these things can lead to serious accidents.
A dangerous roadway case is complicated. "Design immunity" is an affirmative defense the defendants can make: if certain standards of reasonableness are met, they are immune to a lawsuit. To get around this, it can be argued the case is an exception by showing negligence occurred in various ways. Does that sound complicated? It is, which is why a top NY road hazard lawyer is so important.
You should never try to handle a civil lawsuit by yourself, especially one involving a public entity like the state or city government. Wingate, Russotti, Shapiro, Moses & Halperin, LLP, understands how building codes work and can help counter the defenses available against such a lawsuit. If you have been in an accident due to a dangerous road, call us right away at (212) 986-7353 because your time to file a claim against the government is very limited.
Pursuant to the New York Jury Verdict Reporter, WRSMH attorney Frank J. Lombardo obtained the highest recorded verdict in the State of New York for a single level cervical discectomy.
Andrea V. Borden was able to obtain a jury verdict in the amount of $6.2 million on behalf of our client, a 60-year-old Brooklyn woman involved in a motor vehicle accident.
WRSMH attorney Bryce Moses obtained a verdict in the amount of $5,500,000 for our client who was exiting the Staten Island Expressway when her motor vehicle was struck by a Con Edison van.
Jay Wechsler obtained an excellent result at the early stages of a case for two clients who were injured in a rear-end accident.
Attorney Jason Rubin obtained a large settlement for a man who was injured after being struck by a van while on a scooter.
Cliff Shapiro and another WRSMH attorney were able to obtain a settlement in the amount of $3,000,000 on behalf of a forty-five year old man from Queens who suffered injuries to his neck and lower back in a crash.
WRSMH settled the case of our client who was hit by an Access-A-Ride van after mediation and before trial for $2.9 million dollars.
WRSMH attorney obtained a $2.8 million settlement during trial for our client who was involved in a three car accident. The plaintiff was struck twice from behind in a rear-end collision involving two vehicles.
Konstantin Burshteyn represented a client, a passenger in a vehicle, who sustained multiple injuries in a sideswipe accident.
Phil Russotti and Kenneth Halperin obtained a settlement for our client in the amount of $2,750,000, in this case in which the plaintiff's motor vehicle was struck in the rear.
Philip Russotti, Kenneth Halperin
Douglas Milch obtained a large settlement for a group of individuals injured in a van accident in Queens on the Grand Central Parkway.
Kenneth Halperin obtained a combined settlement in the amount of $2,500,000 for a 66 year old woman and her 32 year old daughter who were injured in a motor vehicle accident.
Douglas Milch obtained a large settlement for a Queens County resident who was injured in a collision with a rental truck.
Michael Fitzpatrick obtained a large settlement for an immigrant, who was a passenger in a vehicle that was sideswiped in a Brooklyn.
WRSMH attorney recently settled a case for a client who sustained permanent neck and back injuries after being rear-ended in the Bronx.
Our client sustained multiple injuries as the result of a rear-end motor vehicle collision.
Konstantin Burshteyn successfully represented a client who sustained multiple injuries as a passenger in a rear-end accident.
Kenneth Halperin and another WRSMH attorney were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 40-year-old woman from Kings County.
Kenneth Halperin and another WRSMH attorney were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 45-year-old man from Queens County.
Andrea Borden and another WRSMH attorney were able to obtain a recovery after trial in the amount of $2,000,000 on behalf of our client, a 60-year-old housekeeper from Kings County.