Blog

Striking unexpected debris on the roadway can happen in seconds, but the aftermath often lasts much longer. Tire blowouts, sudden swerving, and multi-car collisions are common outcomes when drivers encounter tire treads, lumber, furniture, or cargo that has fallen from another vehicle. If this has happened to you, Miller, Montiel & Strano wants you to understand your rights and the steps you should take right away to protect your health, your vehicle, and any potential legal claim. Knowing what to do in the moments after the incident can make a significant difference later, especially if you need to work with a road debris accident lawyer to recover damages. This guide walks through the immediate actions to take, the legal considerations involved, and why working with a car accident caused by debris lawyer matters for drivers throughout Nassau County, NY. Immediate Steps to Take After Running Over Road Debris The first few minutes after hitting debris are critical, both for your safety and for any future legal claim. Move to a Safe Location If your vehicle is still drivable, carefully pull over to the shoulder or nearest safe area. Turn on your hazard lights to alert other drivers. Debris-related incidents frequently occur on highways and busy roads, so getting out of active traffic lanes should always be the priority. Check for Injuries and Call for Help Even minor collisions with debris can cause whiplash, airbag injuries, or damage that isn't immediately obvious. Call 911 if anyone is hurt, and request police response so an official report is generated. This report often becomes a key piece of evidence if you later consult a road debris accident lawyer. Document the Scene Thoroughly Take photos of the debris, your vehicle's damage, the road conditions, and any skid marks or surrounding hazards. If other vehicles were involved, gather their information as well. Witness statements and contact details can also strengthen your case significantly. Report the Incident Beyond calling the police, consider reporting the debris to the New York State Department of Transportation or local municipality if it appears to have come from a poorly secured load or a construction site. This documentation trail supports claims made with the help of a car accident caused by debris lawyer. Understanding Liability in Road Debris Accidents Determining fault in these cases is rarely straightforward, which is why many drivers in Nassau County, NY turn to legal guidance early in the process. Who Can Be Held Responsible? Liability may fall on multiple parties depending on the circumstances. A trucking company that failed to secure its cargo, a construction crew that left materials on the road, or even a government agency responsible for road maintenance could bear responsibility. Identifying the correct party requires investigation, which is where a road debris accident lawyer becomes valuable. The Role of Evidence in Your Claim Insurance companies often dispute these claims, arguing that debris "appeared suddenly" or that the driver should have reacted differently. Strong documentation, traffic camera footage, and expert analysis can counter these arguments. Clients working with a car accident caused by debris lawyer benefit from a thorough investigation that builds a more convincing case. Statute of Limitations Considerations New York law places time limits on filing personal injury claims, so acting promptly matters. Waiting too long to pursue a claim can result in losing the opportunity to recover compensation altogether, regardless of how strong the evidence may be. Why Local Representation Matters in Nassau County, NY Working with a firm familiar with local roadways, court systems, and insurance practices offers a distinct advantage. Miller, Montiel & Strano has represented drivers throughout Nassau County, NY who have faced the aftermath of debris-related collisions, from single-vehicle tire blowouts to multi-car pileups caused by hazardous road conditions. Local knowledge often translates into a smoother claims process and stronger negotiating position with insurance adjusters. Clients consistently value clear communication and steady support throughout what can be a stressful and confusing time. That combination of local insight and attentive service has helped many drivers move forward with greater confidence after a debris-related crash. What a Road Debris Accident Lawyer Can Do for You Handling an insurance claim alone often puts drivers at a disadvantage, particularly when the responsible party is a large trucking company or a government entity with legal representation. Investigating the Source of the Debris An experienced road debris accident lawyer works to trace the origin of the hazardous material, whether it fell from a commercial vehicle, was left behind after roadwork, or resulted from a failure to properly secure cargo. Negotiating With Insurance Companies Insurance adjusters are trained to minimize payouts. A car accident caused by debris lawyer understands these tactics and negotiates firmly to pursue fair compensation for vehicle repairs, medical expenses, and lost wages. Preparing for Litigation When Necessary While many claims settle outside of court, some cases require litigation to secure adequate compensation. Having a legal team prepared to take a case to trial often strengthens your position during settlement discussions. Take Action After a Road Debris Incident If you have recently run over debris on a roadway in Nassau County, NY, the choices you make in the following days can shape the outcome of any claim you pursue. From documenting the scene to understanding who may be liable, each step matters. Miller, Montiel & Strano is ready to review the details of your incident and explain your options clearly, without unnecessary pressure or confusion. Reach out through our contact page or call our office to schedule a consultation and discuss the next steps for your situation.

In a personal injury case, there are generally two types of damages that an injured person may be entitled to: economic damages and non-economic damages. Economic damages, as mentioned earlier, refer to the quantifiable financial losses incurred by the injured person, such as medical expenses, lost wages, property damage, and other out-of-pocket expenses. These damages can be calculated based on bills, receipts, and other evidence of actual expenses and losses. Non-economic damages, on the other hand, are more subjective and are meant to compensate the injured person for intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages are not as easy to quantify as economic damages and are often subject to negotiation and litigation in court. A personal injury lawyer will typically rely on their experience, past cases, and the specific facts of the case to estimate the amount of non-economic damages that may be appropriate. It's worth noting that some states place caps on non-economic damages, meaning there is a limit on the amount of non-economic damages that can be awarded in a personal injury case. Fortunately, New York is not one of those states. An experienced personal injury lawyer can advise on the specific laws and regulations that apply to your case and help maximize your recovery of damages. What types of economic damages are there? Economic damages in a personal injury law firm refer to the monetary losses that a person has incurred as a result of an accident or injury caused by someone else's negligence or wrongdoing. These damages are designed to compensate the injured person for their actual out-of-pocket expenses and financial losses. Economic damages can include a wide range of expenses and losses, such as: Medical expenses: This includes the cost of medical treatment, such as hospitalization, surgery, prescription medications, rehabilitation, and therapy. Lost wages: If the injury has prevented the person from working, they may be able to recover lost wages, including future lost wages if they are unable to return to work. Property damage: If the person's property, such as their car, was damaged in the accident, they may be able to recover the cost of repairs or replacement. Other out-of-pocket expenses: This can include expenses such as transportation costs to medical appointments, home healthcare services, and other expenses related to the injury. The amount of economic damages that a person can recover will depend on the specific circumstances of their case and the extent of their losses. Miller, Montiel & Strano, P.C. can help evaluate a person's damages and seek the maximum compensation available. What types of non-economic damages are there? Non-economic damages in a personal injury law firm refer to the intangible losses that a person has suffered as a result of an accident or injury caused by someone else's negligence or wrongdoing. These losses are more subjective and may not have a precise monetary value, but they are still very real and can significantly impact a person's life. Non-economic damages may include: Pain and suffering: This refers to the physical and emotional distress that a person experiences as a result of their injury. It may include ongoing pain, discomfort, and limitations in daily activities. Emotional distress: This refers to the psychological impact of an injury, such as depression, anxiety, and post-traumatic stress disorder (PTSD). Loss of enjoyment of life: This refers to the loss of the ability to participate in activities that a person enjoyed before the injury, such as hobbies or recreational activities. Loss of consortium: This refers to the loss of companionship and support of a spouse or partner. Disfigurement or scarring: This refers to any permanent physical scarring or disfigurement that a person experiences as a result of the injury. The amount of non-economic damages that a person can recover will depend on various factors, such as the severity of the injury, the impact on the person's life, and the specific laws in their state. At Miller, Montiel & Strano, P.C., we can help evaluate a person's non-economic damages and seek the maximum compensation available. Can you sue for compensation of damages in NY? Yes, in New York, you may be able to sue for both economic and non-economic damages in a personal injury case. New York law allows injured persons to recover compensation for economic damages such as medical expenses, lost wages, and property damage. New York also permits recovery of non-economic damages, such as pain and suffering, loss of enjoyment of life, and emotional distress. It's important to note that New York has specific laws and regulations regarding personal injury lawsuits, including limitations on the amount of damages that can be recovered, depending on the circumstances of the case. For example, in motor vehicle cases, No-Fault insurance covers medical bills, lost wages, and some other economic losses, to the extent of the coverage purchased. If you are considering filing a personal injury lawsuit in New York, we recommend that you consult with our team of experienced personal injury attorneys to evaluate your case and determine the types of damages you may be able to recover. Why is it important to have an attorney represent someone seeking economic or non-economic damages in a personal injury case? There are several reasons why it's important to have a lawyer to represent you when seeking economic or non-economic damages in a personal injury case: Knowledge and experience: An experienced personal injury lawyer has the knowledge and experience to navigate the complex legal system and ensure that your rights are protected. They have an in-depth understanding of personal injury laws and can help you understand your legal options. Evidence gathering: A personal injury lawyer can help gather evidence to support your case, such as medical records, witness statements, and expert opinions. They can also work with investigators to gather additional evidence, such as surveillance footage or accident reconstruction reports. Negotiation skills: A personal injury lawyer has strong negotiation skills and can negotiate with insurance companies and defense attorneys on your behalf. They can work to obtain a fair settlement for your damages or pursue your case in court if necessary. Maximize your compensation: A personal injury lawyer can help you determine the full extent of your damages, both economic and non-economic. They can work with medical experts and financial professionals to calculate the long-term costs of your injuries and ensure that you receive the maximum compensation you deserve. Reduce stress: Dealing with the aftermath of a personal injury can be stressful and overwhelming. A personal injury lawyer can handle the legal aspects of your case, allowing you to focus on your recovery and your family. MMS Personal Injury Can Help You Economic and non-economic damages can have a significant impact on a person's life after a personal injury. That's why it's important to have an experienced personal injury lawyer on your side who can help you navigate the complex legal system, gather evidence, negotiate with insurance companies and defense attorneys, and fight for your rights. Miller, Montiel & Strano, P.C. personal injury attorneys are well-equipped to handle personal injury cases and have a proven track record of securing maximum compensation for their clients. With extensive knowledge and experience, we can provide you with the best possible representation and help you obtain the compensation you deserve. Contact us today for a free consultation. Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.

Suffering a spinal cord injury could be a life-altering experience. The victim may be partially or totally paralyzed, leading not only to a decreased quality of life but potentially making it difficult to provide for one’s family. If you or someone you love suffered a spinal cord injury that was someone else’s fault, you have the right to hold that party liable for your injuries. What are some of the damages you could recover? The personal injury lawyers of Miller, Montiel, & Strano, P.C. take a look. Different types of spinal cord injuries The type and amount of damages for which you may qualify will depend largely on the nature of your spinal cord injury. Most injuries fall into one of two categories: Incomplete: This means the spinal cord is still capable of transmitting some messages to or from the brain. The accident victim, therefore, retains some sensory perception and may even have the power to control muscles located below the level of the injury. Complete: A complete spinal cord injury means there is no nerve communication. All feeling and ability to control movement below the level of the injury are lost. The victim may be paralyzed either in all four limbs and most of the body (quadriplegia) or in the legs and lower body (paraplegia). A spinal cord injury in the neck area is more likely to cause quadriplegia. Damages the victim can seek Recovering damages for your spinal cord injury is serious because you will only have one chance to either settle your case for a fair sum of money or take it to trial to seek a verdict in your favor. Expert witnesses could prove vital to making reasonable estimates of your future damages. Our firm’s trusted expert witnesses can explain to a jury the value of your case and the damages you deserve. Those damages may include: Medical bills. Unsurprisingly, this category of damages is one of the most significant for the spinal cord injury victim. There may be medical bills for immediate treatment of the injury, plus long-term costs like physical therapy, rehabilitation, adaptive medical treatment, nursing care, and more. Lost wages. You will miss work and lose money while being treated for whatever accident caused your spinal cord injury. The same is true for follow-up medical appointments, court hearings, and related matters. Lost future income. A spinal cord injury could cut short or alter a once-promising career, making it difficult to earn a living. This is especially true for spinal cord injury victims who rely on physical labor to support themselves and their families. However, lost future income can affect anyone in any profession who has suffered one of these injuries. Decreased quality of life. Your life may dramatically change as a result of your spinal cord injury. Perhaps you spent a good deal of time outdoors or enjoyed recreational activities before your accident. The realization that your mobility is limited and daily activities are now a chore can be difficult to adjust to, causing you to experience a reduced quality of life. Pain and suffering. You may have a painful recovery ahead of you and have to deal with tremendous physical suffering because of your spinal cord injury. Many victims experience chronic pain that aggravates their decreased quality of life and can lead to depression and other secondary issues. We’re Here To Win You Justice The good news is that you do not have to take on the powerful insurance companies and lawyers defending the at-fault party alone. The attorneys of Miller, Montiel, & Strano, P.C. go to work every day winning the compensation that spinal cord injury victims deserve. To find out more about how we can help, call us today.

Scaffolding is ever-present throughout New York because the city is always experiencing growth and new construction. While there is some risk of an accident every time a worker steps foot on a scaffold, reasonable steps should always be taken to keep workers as safe as possible. Tragically, and despite strong state laws to minimize the dangers, scaffolding accidents do happen. If you or a loved one have been hurt in one, you have a dependable legal partner in Miller, Montiel, & Strano, P.C. Here, we take a look at just how hazardous these accidents are. Four of the most common dangers Construction work is dangerous enough, but the risk is compounded when a project requires workers to be off the ground. Despite provisions of the New York Labor Law (particularly Section 240) to ensure scaffolding safety, hazards abound. These are four of the most common dangers: Falling from scaffolding, including slips and falls. Falls from scaffolding can be due to a number of specific causes such as lack of guardrails, improper use of guardrails, and slips and falls (which themselves may be the result of slick substances on the scaffolding or other conditions). OSHA rules and the Scaffolding Law require certain basic safety protocols to be met. When they aren’t, a worker can plunge to his or her death or suffer serious injury. Access to the scaffold work platform is another reason these falls happen. A secured ladder, stair tower, or ramp should be implemented to allow workers access to the scaffold. Unsafe vertical or horizontal access to the scaffold platform could easily lead to a fall. Collapse of the scaffolding. If the scaffolding is not properly erected, it may collapse. But just because the scaffolding is put together at the outset of the construction project does not mean it won’t become unsafe later. Inclement weather, the addition of more workers, and the subsequent use of heavier materials or equipment on the scaffold could necessitate moving or reassembling it to ensure worker safety. Only an individual who is competent in such matters should build, move, and dismantle the scaffolding. Objects falling from the scaffold platform. Accidents could be caused that harm workers, pedestrians, bicyclists, and motorists below or in the vicinity of the scaffolding. Installing adequate guardrails is one step that may minimize the risk of injury. But workers need to also be mindful in how they handle material and equipment while working on the platform. Carelessly handling such objects or even throwing them off the scaffold must always be discouraged. Non-workers should also be kept at a reasonable distance in the event something falls from the scaffolding. Contact with electrical wires. The risk of electrocution may not be readily associated with scaffolding, but it can occur if the scaffolding is assembled too close to live wires. There should be adequate distance between the workers and any electrical hazards. In the event the scaffolding must be set close to an electrical source, the power should be disconnected or proper insulation should be used. These are relatively easy steps that can prevent major injury or death. How We Can Assist With Your Scaffolding Accident Claim If you are a worker who was injured because of a scaffolding accident, you may have legal options besides workers’ compensation. Our firm wants to explore those options with you. We will investigate how and why your scaffolding accident happened and then get to work holding the at-fault parties responsible. Reach out to Miller, Montiel, & Strano, P.C. today to learn more.

According to the Federal Highway Administration, approximately one-half of all traffic injuries and one-quarter of traffic fatalities are attributed to intersections. If you or someone you love has been involved in an intersection automobile accident, you could be facing significant medical bills, lost time from work, and extensive recovery time. You shouldn’t have to bear these losses alone if someone else was responsible for causing your accident. That’s why you can count on the Queens intersection crash attorneys of Miller, Montiel, & Strano, P.C. Why do intersection accidents happen? Automobile accident victims bear the burden of demonstrating that the at-fault party is legally liable for his or her injuries. So if you’ve been in an intersection crash, you need to understand some of the most common reasons these wrecks occur. Among them are: Running a red light or stop sign. Every motorist is responsible for obeying traffic laws, including coming to a full stop at red lights and stop signs. A “rolling stop” is not a stop, and can lead to a serious collision. Speeding. Anyone who has driven long enough knows that while yellow traffic lights mean slow down, some drivers do the opposite and speed up to beat the red light. Speeding is not only illegal in and of itself, but can result in running a red light and causing a crash. Failure to yield. This is especially problematic at four-way intersections. There are rules every driver is expected to know about who has to yield to whom. When two drivers enter the intersection at once because somebody failed to yield, there could be catastrophic results. Distracted driving. Anything that takes a driver’s focus off of safely operating the motor vehicle can be considered distracted driving. Cell phone use, talking to passengers, and eating or drinking are common examples. A distracted driver could easily run a red light or stop sign and get into an accident. Driving under the influence. Alcohol and drugs (both prescription and illegal) reduce a driver’s reaction time and can have lethal consequences for other motorists. Not only can a drunk or intoxicated driver be criminally charged, but the person can be held liable for causing injury or death to others. Rear-end collisions. Some intersection accidents happen because a driver realizes too late that he or she is approaching a red light or stop sign. Rear-end collisions are potentially serious and can cause whiplash, herniated discs, and neck, spine, and back injuries. How an attorney can help Intersection accident victims could suffer a number of losses, including: Past, present, and future medical bills and prescription medication costs Lost income due to time spent recovering Lost income potential due to inability to return to a previous career Pain and suffering Emotional distress Eligible survivors can also seek wrongful death damages if the victim dies from his or her injuries. But it’s important to have an attorney assist with your accident case. You may hear from insurance companies and lawyers representing the at-fault party. These communications should not be done without the assistance of counsel. Your lawyer will help negotiate a settlement, if possible, while you focus on recovery. If the insurance companies and lawyers will not negotiate fairly, our legal team is prepared to take your case to court. We know the relevant personal injury laws and have a network of trusted expert witnesses who can bolster your claim for the maximum damages allowed under the law. Miller, Montiel, & Strano, P.C. Is Ready To Serve You And Your Family Don’t let another party’s negligent actions put your health, finances, and well-being at risk. Our experienced, dedicated attorneys have handled countless intersection accident lawsuits and we know what it takes to build a winning case. Call Miller, Montiel, & Strano, P.C. today to get started.

Traumatic brain injuries, or TBIs, are serious. And while efforts have been made over the last few years to educate the public about them, not everyone (victims included) appreciates how significant these injuries are. A TBI could have physical consequences that last for years after an accident, perhaps even for the rest of the victim’s life. This, in turn, could mean steep medical bills, diminished career prospects, and a reduced quality of life. If you or a loved one has been in an accident, it is imperative that you know about the signs of TBIs. The personal injury attorneys of Miller, Montiel, & Strano, P.C. take a closer look. More than just a head injury A TBI is not merely a head injury, and it’s not even “just” a brain injury, either. It is a significant disruption in the normal functioning and activity of the brain following major physical trauma. The potential causes of TBIs are numerous, and include car accidents and slips and falls. It may be days, weeks, or even months before the signs of a TBI become evident to family and friends of the accident victim. Or there could be relatively minor symptoms at first that worsen with time. These are a few of the most common signs of TBIs to look for: Severe or recurring headaches Loss of memory Fatigue Confusion Difficulty focusing, concentrating, or comprehending Speech difficulty or slurred speech Chronic pain Emotional outbursts Personality or behavior changes Anxiety Depression To make sure a TBI is properly diagnosed and treated, the accident victim and his or her family should immediately see the doctor. Notify your physician of all signs and symptoms you are experiencing, including those above. While no two brain injuries are alike and it’s not possible to list all signs of a TBI, an experienced doctor should be able to identify whether the victim has one. Also, be sure to inform your physician of any changes in your condition. What you should expect with a TBI The accident victim’s symptoms may be physical, mental, and emotional. The emotional consequences - such as changes in mood, behavior, and personality - can be particularly difficult for friends and relatives to handle. Because of the TBI, the victim may end up becoming a completely different person than who he or she was before the accident. Depression, irritability, and a negative outlook on life are common among survivors. Aggression and outbursts may become frequent, and the victim could evidence a decreased quality of life. Relationships with spouses, family members, and friends could be irreversibly changed. In some of the worst cases, TBI victims are unable to perform basic daily tasks like they could before the accident. Focusing, concentrating, and learning new information could be difficult. It may not even be possible for the victim to handle his or her previous job duties. This could financially jeopardize the survivor and his or her family. Hiring An Attorney Is Critical If your TBI was caused by another party’s negligent actions, you and your family could be eligible to seek monetary compensation for your losses. These damages could include coverage of medical bills, payment of lost wages, and more. But you will have to contend with the at-fault party’s insurance company and lawyers, which is why you need to retain skilled legal counsel. Miller, Montiel, & Strano, P.C. is ready to go to work for you and your family today. Reach out to us today!

New York is no stranger to heavy foot traffic. Despite efforts to keep pedestrians safe, however, they remain vulnerable to serious and even fatal accidents. Negligence is almost always to blame for pedestrian accidents, and victims have the right to seek monetary compensation for their injuries. If you or a loved one were hurt as a pedestrian, talk to the Queens personal injury attorneys of Miller, Montiel, & Strano, P.C. Why it’s important to understand the causes of pedestrian accidents When a pedestrian is injured because of someone else’s negligent acts or omissions, that individual is entitled to ask a court to award damages. “Damages” is a term meaning the sum of money that a personal injury victim wins as compensation for their injury, medical bills, lost wages, pain and suffering, and more. However, the victim has the burden of showing that the at-fault party or parties were actually negligent. This means establishing all necessary elements of a New York personal injury lawsuit. And it also means explaining what exactly the liable party did that was irresponsible or reckless. Understanding why you were hurt will therefore help you build your legal case. Why pedestrian injuries happen in New York With that in mind, consider a few of the most frequent causes of pedestrian accidents: Distracted drivers. Although drivers owe pedestrians a duty of care, which includes letting them safely cross the street, not all motorists are paying attention to driving. Distracted driving is a shockingly common occurrence and can be caused by cell phone use, eating or drinking while driving, talking to passengers, or anything else that takes the driver’s focus off the road. Problems with crosswalks. Unmarked crosswalks, or those lacking appropriate signage or signals for crossing the street, can result in injury. Government entities that are responsible for crosswalk safety can be held liable for these accidents, but it’s important to retain an attorney who is familiar with the rules for doing so. Speeding. No matter the context, speeding always increases the risk that somebody will be seriously hurt. Pedestrians are especially in danger of speeding vehicles, whether they are crossing the street, walking in school zones, or even walking and standing along the sidewalk. Speeding drivers can be held liable for any pedestrians they crash into. Driving under the influence. Any sort of impaired driving is illegal and dangerous. While most people associate this with alcohol, it can also result from the use of drugs (whether prescription or not). Anyone who hits a pedestrian while driving under the influence can be criminally charged but also forced to pay civil damages to the victim. Rolling “stops.” Drivers should fully stop at stop signs, stop lights, and pedestrian crossings. When they only engage in a rolling “stop,” whether due to impatience or for other reasons, they can accidentally strike a pedestrian and cause serious injury. Construction work zones. Falling tools, irresponsible use of machinery and equipment, and other unsafe behavior can injure pedestrians who walk near construction zones. Even though construction is a major and ever present part of life in New York, contractors, property owners, and others must take reasonable steps to keep pedestrians safe. Standing Up for Your Right to Claim Damages Our law firm helps pedestrians assert their right to seek compensation for losses resulting from another person’s negligence. We also work with eligible surviving family members to demand wrongful death damages, which are similar, in the event the pedestrian dies from his or her injuries. Call Miller, Montiel, & Strano, P.C. today to get started on your claim.

If you’ve been in any kind of automobile accident where negligence was a factor, you have the right to seek damages from the at-fault party. The same is true when the accident involves a rideshare company, like Lyft. However, this situation is more complicated than a standard car crash. It will be the victim’s duty to establish who is liable for the wreck, so having experienced legal representation is key. You can count on the Queens automobile accident attorneys of Miller, Montiel, & Strano, P.C. Different types of accidents involving Lyft A rideshare business can be involved in an accident in several different ways. Because all of the following scenarios involve Lyft in some way, proving liability could be a somewhat complex matter. Here are the types of Lyft accidents you could be in: A Lyft driver struck me. You may have been a driver or passenger in another vehicle and been struck by a Lyft driver. Or you might have been riding a motorcycle or bicycle or crossing the street as a pedestrian when the Lyft driver hit you. Depending on the circumstances, you may be able to pursue a claim against Lyft or the driver (see below) or, more likely, against both. But other parties could be liable, including: The automobile manufacturer An automobile repair shop A government entity responsible for road maintenance A contractor if the accident happened in a construction zone A bar or restaurant if alcohol was a factor in the crash I was a passenger in a Lyft vehicle. Another situation is one in which you were a passenger in a Lyft vehicle at the time of the crash. Generally, either the Lyft driver or another driver will be liable. However, the other parties listed above could also be at least partly to blame. You are a Lyft driver who was injured. Finally, you may have been hurt while driving for Lyft. If so, you could have a claim against the at-fault driver’s insurance company, along with some of the other parties mentioned above. You might also be able to pursue compensation from Lyft’s insurance carrier. How to establish liability for the accident You should first seek compensation from either Lyft’s insurance policy or that of the at-fault driver, if the circumstances allow it. Insurance coverage is more complicated when Lyft is involved because the policy does not apply at all times. Generally, Lyft’s policy only pays when the driver is actually driving for Lyft, is on the way to pick up a customer, or has the Lyft app turned on while waiting for a rideshare request. Otherwise, the driver’s personal insurance policy usually applies. An investigation will therefore need to be done to determine what the Lyft driver was doing at the time of the crash. Cell phone and Lyft app data will prove useful in this situation, as will eyewitness statements from Lyft passengers and others. Your attorney will investigate the accident and help resolve which insurance company should be forced to pay. Finally, if other parties like the ones mentioned above were somehow at fault (e.g. the automobile manufacturer), their role will also need to be sorted out through an investigation. It’s even possible that several parties could share liability. But this could be beneficial to you if your damages are substantial, because more liable parties equates to more individuals or entities who could be ordered to pay for your damages. Time To Retain Dedicated Legal Counsel No matter the details of your Lyft accident, it’s imperative that you hire a law firm that is committed to winning you the maximum damages available under law. That firm is Miller, Montiel, & Strano, P.C. Connect with our team today to get started on your claim.

Sexual abuse is an unfortunate reality in many New York nursing homes. And while these facilities are trusted by families to protect and care for their elderly loved ones, far too many of them allow this violation to take place. When nursing homes fail to take reasonable steps to keep their residents safe, victims’ families can take legal action. It starts with recognizing the most common signs of sexual abuse. The nursing home injury attorneys of Miller, Montiel, & Strano, P.C. are here to guide you. The duties of nursing facilities By law, nursing home residents in New York are entitled to “dignity, respect and a comfortable living environment,” among other rights. This means nursing home staff owe their residents a duty to keep them reasonably safe from all forms of abuse, including sexual. Sexual abuse can happen at the hands of nursing home staff members, which obligates the facilities to conduct background checks on their employees and establish other safeguards. However, a patient can also be victimized by another resident in the facility or an outside visitor. Again, this means the facility must do what is reasonably necessary to protect the welfare of all residents. If there is evidence that the nursing home somehow neglected to keep their patients safe, and therefore permitted sexual abuse to occur, the victim and/or the victim’s family can take legal action to hold the facility liable. Signs you need to know about The National Center on Elder Abuse advises family members to keep an eye out for these and other signs: Bruising near the inner thighs, the genital area, or the breasts Torn, stained, or bloodied underclothing Unexplained venereal disease or genital infections Unexplained vaginal or anal bleeding, irritation, or pain Unusual difficulty walking or sitting Displays of extreme agitation or fear Unusual interactions between the victim and the alleged abuser Withdrawal from social situations Depression and anxiety attacks Post-traumatic stress disorder (PTSD) symptoms Suicide attempts Nursing home residents tend to be isolated and are sometimes even forgotten by their loved ones. Sexual predators, which may include nursing home employees, often seek victims who they know are not going to have much communication with the outside world. Therefore, the single best way to minimize the likelihood of sexual abuse happening is to visit and communicate with your family member often. What to do if you notice signs of abuse If you suspect that your loved one is being sexually abused in a nursing home, you should retain legal counsel immediately. Nursing homes often cover up or destroy evidence of abuse or take steps to make it difficult for family members to learn the truth. Also, abuse that is allowed to continue will almost certainly get worse and could endanger the health or life of your loved one. An experienced nursing home injury attorney can put a stop to the abuse and conduct an investigation to uncover what happened. This includes taking steps to obtain and preserve evidence of the facility’s negligence. Finally, your lawyer will seek compensation for the injuries your family member suffered. Medical bills and pain and suffering are just two examples of potential damages you or your loved one can ask a court to award. Criminal proceedings may be proper as well. Seeking Justice for Nursing Home Sexual Abuse Victims Miller, Montiel, & Strano, P.C. is committed to standing up for elderly victims and their families. Our attorneys work to hold nursing facilities liable for failing to keep their residents safe from abuse and neglect. If your loved one has been sexually abused in a nursing home, or you believe he or she has been abused, give us a call today.

Truck accidents tend to be far more catastrophic than those involving passenger vehicles, due to such factors as their size and weight. If negligence was responsible for the accident, the victim has the right to recover damages. Recovering those damages is no simple task and should only be done with the assistance of legal counsel. Were you or a loved one hurt in a truck accident due to someone else’s irresponsible conduct? Give Miller, Montiel, & Strano, P.C. a call. Factors that complicate truck accidents Not only are injuries involving large trucks generally worse compared to those with smaller vehicles, but the procedure for seeking damages is more complex. To begin with, there may be multiple defendants involved, from the truck driver and his or her employer to the truck’s manufacturer and the company that loaded the cargo. There may also be more evidence to obtain and preserve, such as the truck’s black box recording device. Federal trucking regulations may come into play and could provide additional evidence of negligence. As one example, rules limit how much time a truck driver can spend on the road. If the trucking company directed the driver to violate this rule, that’s a strong indication of negligence. There are also more nuances to the settlement negotiation process due to the possibility of multiple defendants and the potential for significant damages. Compensation you could be able to claim As to those damages, a victim may be eligible to demand a number of them from the liable parties. Every truck accident is different, so the type and amount of damages a victim can seek will be different from those of another wreck. These are a few examples: Non-economic damages. This technical term refers to a category of damages that includes losses that are generally the most significant in these types of cases. Damages for non-economic losses include compensation for your personal injury, pain and suffering, loss of your ability to enjoy life, psychological injuries, emotional distress and disability. Medical bills. A serious enough accident could leave someone hospitalized for weeks or months. The victim may require surgery, physical therapy, rehabilitation, prescription medications, adaptive medical equipment, and more. Medical expenses could be incurred long into the future, but the victim can seek compensation for these as well. Lost wages and lost earning capacity. While the victim is recovering from his or her injuries, seeing the doctor for follow-up medical appointments, and tending to other business related to the accident, time will be missed from work. If the victim's injuries are especially severe, he or she may not be able to work at the same level or in the same career as before, costing the person future income, raises, and benefits. Property damage. The responsible party can be required to pay to repair or replace the victim’s vehicle, along with personal property lost in the accident. Wrongful death expenses. If the victim dies in the truck accident, eligible survivors can seek certain wrongful death damages such as the victim’s final medical bills and funeral expenses. Wrongful death claims are similar to personal injury lawsuits, and our law firm can help you pursue one. Let Our Experienced Truck Accident Attorneys Advocate For You Truck accident damages can be quite substantial, but you do not have an endless amount of time to request them. Deadlines apply to legal claims and it can be more difficult to obtain the supporting evidence you need if you wait too long. Reach out to Miller, Montiel, & Strano, P.C. today to get started on your case.

Not all accidents involve collisions with other vehicles. There are numerous wrecks caused by debris left carelessly in the street. A road debris accident can cause not only property damage to your vehicle but also serious injury. It can even prove fatal in some cases. Establishing who is at fault for these crashes is no simple task, which is why having an experienced Queens personal injury lawyer is essential. Miller, Montiel, & Strano, P.C. is here to serve your legal needs. Common causes of road debris accidents If you’ve been in a road debris accident and seek compensation for your injuries, it will be your job to prove that someone was negligent. It starts with understanding why the wreck happened in the first place. For instance: Falling items. Drivers routinely transport items throughout New York, with some examples being moving trucks, tractor trailers, flat beds, and personal vehicles. But if the cargo is not properly tied down, items can fall off and cause chaos. Trash. Sanitation workers who don’t make sure their garbage and recycling trucks are secure could accidentally spill trash onto the roadway. But trash that is not properly curbed could also end up in the street and lead to an accident. Vehicle debris. Whether due to parts falling off vehicles or debris left in the road after a fender bender, this is a major source of automobile crashes. In some cases, the item that comes loose from the vehicle could be serious and deadly, such as a tire. Snow and ice. Drivers should clear their cars and trucks of snow and ice before hitting the road, but the reality is that many don’t. Flying ice and snow can strike other vehicles or distract drivers and cause a wreck. Construction materials. New York is no stranger to construction, with work simultaneously occurring on many streets. Construction companies and their crews should ensure that items from their work sites stay safely away from traffic. Who can be held liable for a road debris accident? Depending on what caused the accident, and how, there could be a few potential parties that might be held liable. Here are some examples: The driver, whether commercial or non-commercial The driver's employer (e.g. a trucking company) Automobile manufacturers Parts manufacturers Repair shops Vehicle rental companies Construction crews Governmental entities In some cases, multiple parties might share blame for the accident. Retaining legal counsel is one of the most important steps you can take if you’ve been in a wreck. Your attorney will investigate the incident to determine who exactly was at fault for it. This involves interviewing witnesses, pulling surveillance footage (where possible), reviewing the accident report, and much more. Your attorney may also rely on expert witness testimony, for example from an accident reconstructionist, to help explain how the defendant was liable. You should make sure that you see your doctor right away so your injuries can be treated. Follow all doctor recommendations and attend any follow-up appointments. Also, write down everything you can remember about the accident, being sure to err on the side of more rather than less detail. Any notes you take will prove useful when it comes time to seek monetary compensation. Part of your attorney’s job will be to negotiate with the at-fault party’s insurance company to seek the maximum damages available. Here again, expert witness testimony will help in projecting future expenses and losses (such as medical treatments and lost earning capacity) for which you may demand compensation. Here To Stand Up For Accident Victims’ Rights Our experienced personal injury attorneys know what it takes to help victims of automobile accidents, whether caused by road debris or other acts of negligence. Don’t delay seeking the justice you and your family deserve. Connect with Miller, Montiel, & Strano, P.C. today.

A slip and fall accident is one of the most common bases for a premises liability lawsuit against a small business. These claims seek compensation for various damages, such as broken bones and medical bills. It will be the victim’s responsibility to prove that the property owner was negligent in causing the conditions that led to the accident. That starts with understanding which types of slips and falls are most likely to occur on small business properties. The personal injury lawyers of Miller, Montiel, & Strano, P.C. will take a look. The types of slip and fall accidents you should know about Small businesses in New York have a duty to keep their properties reasonably safe for the customers who visit them. If they don’t, someone might slip or trip or fall on: Wet or greasy surfaces. Restaurants, bars, and other similar establishments must be mindful of spilled liquids, dropped food, and other food- and drink-related mishaps. A patron could easily slip on a wet or greasy floor and get seriously hurt. But other businesses have to be careful about wet surfaces too. If it’s rainy outside and a store has heavy foot traffic, the floors can quickly become wet and slick. It may be only a matter of time before someone gets hurt. Rainy, snowy, and icy surfaces. When inclement weather hits, you can expect surfaces such as parking lots, sidewalks, and store entrances to become dangerous. Excessive rain water, snow, and ice should be removed as soon as possible from places where customers frequent. Businesses are responsible for the sidewalks outside their establishments as well as other areas on their properties. Uneven flooring. Cracked and broken floors can cause a customer to trip, fall and get hurt. These conditions can occur in a number of places all around the business property. One of the most frequent causes of uneven flooring is a settling foundation, which means that this hazard may take years to develop. Either way, business owners are responsible for keeping their floors safe to walk on. Dangerous stairways. If a business refuses to maintain its stairs, customers may find themselves seriously injured. Cracks in the stairs, uneven stairs, and lack of safety railing could be to blame. Patrons should be warned if a stair is particularly high off the ground or difficult to notice. Poor lighting. This condition may account for any number of other slip and fall hazards on the business property. A victim should know, however, that poor lighting is a condition that can be easily remedied - and therefore covered up. You will want to document the poor lighting with a picture or video so the owner cannot hide it later. Dangerous carpeting and floor mats. The carpet inside a business may be loose, torn, or bulging in certain spots. An unsuspecting patron may not notice this problem and could fall over an unsafe spot in the carpet. The same is true for floor mats, which can bunch up and trip someone walking into or out of the business. Lack of caution sign. In some cases, an accident could be avoided if the business simply displayed a caution sign to keep customers away from the hazard. A wet floor sign, for instance, could prevent a slip and fall because of something spilled that hasn’t yet been wiped up. Take Action Now to Secure Your Right to Compensation Don’t let a slip, trip and fall accident wreak havoc in your life. If you or a loved one has been injured on a small business property, you may have the right to pursue a premises liability claim. You have a trusted legal advocate in Miller, Montiel, & Strano, P.C. Give us a call today.