If you or someone you know was injured in an accident, the attorneys at Parker Waichman LLP may be able to help you recover compensation for your expenses, damages, and injuries. Collecting damages from the party who is allegedly at fault for the accident is sometimes complex; however, our attorneys have decades of experiences handling accidents claims. In fact, the attorneys at Parker Waichman have a long history of successfully litigating accident cases and recovering compensation for its clients.
If you or someone you know has been injured in an accident, the firm offers legal consultations to individuals with questions about filing an accident lawsuit. Accidents claims may include car, truck, motorcycle, and pedestrian accidents; construction actions; slip and fall accidents; labor law; and production liability cases.
Accident Cases We Handle
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Labor Law
- Construction Accidents
- Product Liability
- Trip And Fall
The cause of action typically used when one is injured in in a car accident lawsuit is known as negligence, which is usually defined as failure to exercise a reasonable level of care under the circumstances. In a car accident claim, when one driver fails to use reasonable care and causes harm to another driver, the injured driver may file a lawsuit alleging that the defendant driver was negligent.
Violation of a traffic law may be considered negligence when it causes a traffic accident, as well as texting while driving, drowsy driving, tailgating, driving while under the influence, and other careless and dangerous drive act on the part of the driver.
Car accident lawsuits involve loss such as medical expenses to treat related injuries, cost to repair or replace the vehicle, reimbursement for lost time at work and other lost income, and compensation for pain and suffering.
Accidents involving trucks may be especially traumatic, even deadly, due to the large size, typically heavy loads, and sometimes dangerous loads associated with trucks. Drowsiness on the part of a truck driver may increase the risk of an accident, especially given that many businesses depend on trucks for timely delivery of goods and truck drivers often drive for hours with minimal rest time.
Truck accidents may lead to horrible injuries to passengers, pedestrians, and riders in other vehicles with injuries that include brain and spinal cord injuries; sprains; fractures; abrasions; internal and soft tissue injuries; burn injuries; and death. Victims and their families face staggering medical, financial and legal issues.
The injured victims of truck accidents might never be able to work again, and in a case in which a fatality occurs, the family of a victim is often left without an important means of financial support. The innocent victims of truck accidents should never have to worry about money while they work to heal their physical and emotional wounds. Our truck accident lawyers know how to deal with these companies, and will make sure that our clients’ needs are taken care of.
Motorcycle accident injuries are often more serious than injuries suffered in car accidents given the riders’ exposure. Individuals injured in a motorcycle accident may be able to file a lawsuit to recover compensation for damages.
Data from the National Highway Traffic Safety Administration (NHTSA) revealed that, for every vehicle mile traveled, more motorcyclists will die than passenger car occupants in a traffic clash. Because motorcyclists have minimal physical protection on the road there is a greater risk of serious accident and injury when compared to other motor vehicles. The Department of Motor Vehicles (DMV) has indicated that, in general, a motorcyclist is 37 times likelier to die in a crash than an individual operating an automobile.
Pedestrians hit by a motor vehicle tend to suffer from serious injuries or death. Motor vehicles of every type must yield to pedestrians; therefore, when a pedestrian is hit by a motor vehicle, the fault of the accident is likely the driver. Pedestrians who have suffered a serious injury or who have died may be able to receive compensation in a pedestrian accident lawsuit.
Typical driver actions that lead to accidents include disobeying traffic signs or signals, disregarding weather or traffic conditions, distracted driving, driving on the sidewalk, driving through a light or stop sign, driving under the influence of drugs or alcohol, failure to notice a pedestrian, failure to signal when turning, failure to yield the right of way to pedestrians at a crosswalk, turning through a crosswalk, parking, reversing, or speeding.
Pedestrian accidents usually lead to significant injuries such as amputation, brain injury, death, organ damage, and spine injury. The severity of the injury is dependent on car size, speed, and if the driver made an attempt to avoid hitting the pedestrian.
suffering; and a diminished quality of life.
When a pedestrian is injured, more than one individual may have legal responsibility. Non-vehicular pedestrian accidents also occur over poor maintenance, sidewalk or parking lot defects, and construction or other debris on walkways. Whether the injury is due to a vehicle or due to a property defect, a pedestrian may recover damages for injuries suffered due to someone else’s negligence.
Young children are at greatest risk of being hit by a vehicle because they are smaller, less visible, and may be unpredictable. The law imposes a greater duty of care on drivers when children are involved and when in the presence of children, drivers must exercise greater care, especially when driving by schools, parks, and residential areas.
A pedestrian must also exercise reasonable care for his or her own safety and care must be proportionate to the danger to be avoided and reasonably anticipated consequences. Contributory negligence may be assessed against the pedestrian if they failed to exercise such care and contributed to the cause of their injuries. Pedestrians are responsible to pay attention to the “Walk” signal at intersections, entering and disrupting the flow of traffic, neglecting to use marked crosswalks, and running in front of a vehicle.
Under the fair Labor Standards Act (FLSA) employees must be paid for all hours “Suffered or Permitted to work,” including working extra hours, time spent at the place of employment preparing for work, and attending mandatory training sessions and meetings. The FLSA mandates employees, including tipped employees, be paid no less than minimum wage. Many companies try to work around pay requirements, a violation of the FLSA, which may entitle the employee to file an FLSA lawsuit. Key provisions of the FLSA include overtime pay, working off of the clock, minimum wage, tipped employees, independent contractors, youth employment, and record keeping.
The U.S. Migrant and Seasonal Agricultural Worker Protection Act (MSPA) provides employment-related protection to migrant and seasonal agricultural workers; these protections do not apply to independent contractors. Under MSPA, every non-exempt farm labor contractor, agricultural employer, and agricultural association must disclose the terms and conditions of employment to each migrant worker in writing at recruitment and to each seasonal worker when employment is offered, and in writing if requested.
Information must be posted, workers must be paid wages owed when due and provided an itemized statement of earnings and deductions. Employers must ensure that housing and/or transportation, if provided, complies with substantive federal and state safety and health standards and insurance requirement. Each driver must be properly licensed and employers must comply with the terms of working arrangements and make and keep payroll records for each employee for three years.
Construction injuries have been on the rise with falls being the most common type of construction accident. Many inspections reveal safety violations and citations and, often, nonunion workers are employed. Construction sites involve physical labor, powerful machinery, climbing great heights, or working on roadsides where traffic accidents may occur. Because of the nature of construction work, employees face routine and serious risk of injuries while working. There are also issues suggesting some sites are not well supervised and operate with minimal safety measures.
Falls typically involve cranes, ladders, roofs, scaffolding, and other work heights. Construction workers may also be hit by objects that fall from above, including tools and materials that are not appropriately secured, which may lead to brain and spinal injuries, even when a worker is wearing correct safety equipment. Construction workers may also be injured by faulty or misused heavy machinery such as forklifts and booms, and by defective equipment such as a nail gun that misfires or a dumpster that topples.
Large trucks also routinely back out of sites and workers may be crushed between these trucks and larger obstacles such as concrete, walls, other trucks, or equipment. Leaking pipes, exposed wires, and flammable and toxic chemicals may cause injuries; trench and buildings scheduled for demolition may collapse; workers may become trapped in areas in work sites and may be injured by electric shock, not wearing appropriate gear, errors made by other workers, and area traffic accidents.
Construction workers are also subject to respiratory illness such as pneumoconiosis. Locations often involve dust, asbestos, and silica. Fatal pneumoconiosis conditions include asbestosis, coal workers’ black lung, and silicosis. Workers may be exposed to lead, even at high levels.
Also, due to the repetitive motion and hard physical work involved on construction sites, workers may suffer repetitive motion injuries and muscle and joint damage. Working long hours outside may lead to heat stress when it is hot and which may cause brain, heart, or kidney damage, and even death. Being outside in the cold may lead to hypothermia or frostbite causing the loss of fingers, toes, and facial areas.
Construction injuries may also lead to amputations, broken bones, sprains, burns, explosions, electrocutions, cuts, death, traumatic brain injury (TBI), hearing loss, eye injuries, paralysis, spinal cord injuries, post-traumatic stress disorder (PTSD).
A product liability injury occurs when an individual sustains an injury allegedly as the result of a defective product. An array of parties may be held liable for releasing a defective product to the market that the manufacturer knew, or should have known, could present risks to consumers. The product liability attorneys at Parker Waichman have deep and substantial knowledge about the laws meant to protect consumers from defective products. Defective products may include children’s toys, home appliances, medical devices, and foods. Depending on the product, a person, a large firm, and all sorts of entities in between may be held liable for damages and injuries.
Trip and Fall Accidents
A slip and fall accident may occur when an individual is walking on a surface that has a dangerous condition such as snow, ice, or liquid. An individual may recover damages due to negligence if they are injured as a result of these dangerous conditions. Certain key elements must be met in trip and fall accident lawsuits. Negligence on the part of the individual responsible for where the accident occurred must be proven. For instance, a slip and fall accident may have occurred because a property owner allegedly failed to warn of the dangerous conditions with signs or roping off the dangerous area.
If a person is injured in a slip and fall accident, medical attention should be sought as soon as possible. The property owner should be notified and claims must be documented and should include resulting injuries, the dangerous condition, and witness(s) names and contact information.
Trip and fall lawsuits may also be filed when the owner of the property where the accident occurred failed to take action sufficient to avoid the accident. For incidence, if there is water in the floor of a restaurant, business, or theater and the owner of the establishment was aware, or should have been aware, but neglected to dry the area or warn patrons. In this case, the owner may be responsible for any slip and fall accidents that may occur.
Sometimes, if a property owner had no way of knowing about the dangerous condition, the situation may not constitute negligence. For example, a person slips and falls while snow is falling during a storm, negligence would be difficult to prove.
Compensation from a slip and fall lawsuit may help cover medical expenses, such as hospital stays or other types of medical treatment and loss of wages.
If You Have Questions About Filing An Accident Lawsuit
If you or a loved one have been involved in an accident and have suffered a personal injury that makes you believe you are entitled to compensation, please click on one of the links below. If your specific accident is not listed, please complete the contact form on the right or call us at 1-800-YOURLAWYER (1-800-968-7529) for a free case evaluation..
New York City, Long Island, New Jersey, and Florida
Our personal injury lawyers are here to help you when you need it the most.