Driving in Brooklyn can be a not-so-easy task, as it is a city with many people flowing, many activities going on simultaneously, businesses exchanging goods, and vehicles coming from other states to New York for various reasons. In addition, finding parking on most downtown streets can be time-consuming with little chance of success.
Apart from these consequences of getting around in a city as large as Brooklyn, there are even more dangerous consequences. One of them is T-Bone accidents. T-Bone collisions, also referred to as side-impact collisions, happen when two vehicles collide side by side, creating a "T" shape where the two vehicles collide. These collisions frequently occur at intersections and can seriously damage vehicles and injure occupants.
In a previous post, we explored rear-end impacts, which are also a matter of concern. However, in those impacts, although serious injuries can be generated, the vehicle does not directly hit the driver or the passenger, but part of the luggage compartment of the car, which in some cases can injure the occupants of the rear seats.
On the other hand, in T-Bone collisions, the driver could be directly hit, which could kill him/her immediately, in addition to leaving the steering wheel of the car adrift, which would have very negative consequences for the environment, putting at risk pedestrians or other lighter vehicles traveling in the area of the accident.
Statistics support the argument that T-Bone collisions are one of the most fatalities nationwide. Figures indicate that in the United States, side-impact collisions account for about 10,000 fatalities annually or about 25% of all traffic fatalities in the nation. Many more people have serious injuries.
Anything that can go wrong will go wrong, according to Murphy’s Law. But fatalistic laws aside, will there be a way to avoid disaster? Will it be possible to shield oneself from chaos? A film by Darren Aronofsky, "Pi: The Order of Chaos," curiously set in New York, tries to capture this thin line that exists between order and chaos and how these two principles intertwine with each other, finally making a whole.
Beyond getting philosophical, it is clear that chaos as such cannot be completely avoided; it is inherent to the natural "order" of things. So paradoxical.
However, what is within our reach as responsible citizens is to take all possible preventive measures. Be aware of the conditions in which we drive, use seat belts, be attentive to any technical malfunction that could arise in our vehicles, do not drink alcohol before driving, much less move around the city under the effect of any substance that alters consciousness.
These are some basic recommendations to mitigate the risk of being overtaken by a lateral collision incident, thus reducing the chances of suffering irreparable consequences.
The prognosis for recovery in this type of case is usually guarded. It will depend on the level of severity of the injuries, the speed of the impact, and the physical and emotional consequences that such a situation can have on someone.
In addition, recovery is sometimes not only a physical issue but also a matter of recovering the desire to go on in life, to wake up every day with new goals, and to recover from the emotional impact that a crash of this type can have on you. That is to say, there is a spiritual level in the recovery.
That is why at The Ward Law, we also exist for spiritual motivations. The main ones are to serve our fellow attorneys and to serve our community. But, most importantly, to serve God. It is because of these principles that we have been in business for 30 years and have made a name for ourselves in such a competitive industry.
We want to help you understand these types of cases. If you have been involved in a similar case, surely the information we are about to share with you will be of great help to you.
If you identify with any of the points we are going to touch on or believe that your case would fit perfectly with the cases defended by our firm, do not hesitate to contact us for a second.
Now with our new office in New York, we are closer to the Brooklyn community and we have taken on the responsibility of building together with you the city we all dreamed of. A fairer place where negligence will never go unpunished.
Which notorious intersections or roadways in Brooklyn are prone to these types of accidents?
Our professionals walk the streets of the jurisdiction where they work and represent clients. They don't just stick to maps or theories about Brooklyn. They have chosen to walk the places most prone to T-Bone collisions.
That gives them a lens closer to reality. There are lawyers who do not know the streets of the city in which they practice. This can sometimes cause them to be biased and work against the interests of their clients.
At The Ward Law, we always recommend our T-bone accident lawyers understand the place where they work, understand the culture and customs of that place and know the situation on the highways, the trends, and emotions that stand out in the style of driving that stands out in that city. That helps them to identify possible locations where accidents will happen again and again.
After a little discussion of the intersections and locations in Brooklyn, the general consensus of the group, we determined that these events are most frequent are as follows:
● Atlantic Avenue and Flatbush Avenue: This bustling intersection in downtown Brooklyn is a major transportation hub, serving as a vital connection point for various subway lines and buses. Its significance as a transit hub also means heavy vehicular traffic, leading to increased T-Bone accident risks, particularly during peak commuting hours and when drivers fail to yield the right-of-way.
● Eastern Parkway and Utica Avenue: Situated at the crossroads of Crown Heights and East Flatbush, this intersection plays a pivotal role in Brooklyn's transportation network. It's not uncommon for T-Bone accidents to occur here due to the high density of vehicles, pedestrians, and cyclists, creating complex traffic dynamics that demand careful attention from drivers.
● McDonald Avenue and Church Avenue: Nestled in the residential neighborhood of Kensington, this intersection is a prime example of how even seemingly quieter areas in Brooklyn can be susceptible to T-Bone accidents. The convergence of vehicles from different directions, combined with occasional reckless driving, poses a risk to road safety.
● Coney Island Avenue and Avenue H: Located in the heart of Brooklyn's Midwood neighborhood, this intersection sees a mix of commercial and residential traffic. T-Bone accidents are a concern here, often attributed to drivers misjudging the timing of traffic lights or engaging in aggressive driving behaviors.
● Bushwick Avenue and Grand Street: In the trendy and vibrant Williamsburg neighborhood, this intersection can become congested quickly. With a diverse mix of commuters, cyclists, and pedestrians, it's essential for all road users to exercise caution. T-Bone accidents can occur when drivers fail to yield at crosswalks or make sudden, unexpected maneuvers.
Typical injuries sustained in side-impact accidents:
Unfortunately, it is rare to see these types of accidents that leave no physical consequences whatsoever. In the case of violent impacts, the consequences are likely to take much longer than a couple of weeks to recover from. We are talking about months or even years of recovery. Some of the most common clinical consequences, which we have seen over the years, are as follows:
● Head Injuries: Traumatic brain injuries (TBI) and concussions are common due to the sudden jolt of impact. These injuries can result in cognitive impairments, memory issues, and even coma in severe cases.
● Neck Injuries: Whiplash is frequently observed, affecting the cervical spine. This painful condition can lead to chronic neck pain, headaches, and restricted mobility.
● Chest Injuries: Rib fractures, lung contusions, and cardiac injuries can result from the force of impact. Chest injuries can be particularly dangerous and may require immediate medical attention.
● Abdominal Injuries: Organ damage or internal bleeding can occur due to the abrupt deceleration. These injuries may not always be immediately evident and require careful monitoring.
● Pelvic Injuries: Fractures and soft tissue injuries in the pelvic region are prevalent. These injuries can be debilitating and require extensive rehabilitation.
● Spinal Cord Injuries: Impact on the spine may lead to partial or complete paralysis. These life-altering injuries demand long-term care and rehabilitation.
● Limb Injuries: Broken bones, dislocations, and soft tissue injuries are typical. These injuries can result in temporary or permanent disability.
● Psychological Trauma: Post-traumatic stress disorder (PTSD) and emotional distress are common after T-Bone collisions. Mental health support is crucial for recovery.
The severity and long-term implications of these injuries:
● Severity Varies: Injuries can range from minor bruises to life-threatening conditions, with some requiring immediate surgery or intensive care.
● Chronic Pain: Long-term pain, especially from neck and back injuries, can significantly impact daily life, affecting one's ability to work and enjoy regular activities.
● Disability: Some injuries may result in permanent disability or mobility issues, necessitating ongoing care and assistance.
● Emotional Impact: Psychological trauma can lead to anxiety, depression, or PTSD, affecting one's mental health and overall well-being.
● Rehabilitation: Extensive rehabilitation may be required for recovery, involving physical therapy, occupational therapy, and psychological counseling.
● Financial Burden: Medical bills, lost wages, and ongoing treatment costs can be substantial, creating financial stress for accident victims.
● Reduced Quality of Life: The consequences of severe injuries can lead to a reduced quality of life, impacting relationships, independence, and future opportunities.
Medical facilities in Brooklyn specializing in treating such injuries:
● Kings County Hospital Center: Offers trauma care and rehabilitation services, including access to specialists for various injuries.
● NYU Langone Hospital – Brooklyn: Provides comprehensive orthopedic and neurological care, with a focus on tailored treatment plans for accident-related injuries.
● Maimonides Medical Center: Known for its trauma center and specialized rehabilitation programs, offering holistic care for accident victims.
● Brookdale University Hospital and Medical Center: Offers a range of services for accident-related injuries, including surgery and rehabilitation.
● SUNY Downstate Medical Center: Specializes in neurology and spinal cord injury treatment, providing comprehensive care for severe injuries.
● Interfaith Medical Center: Provides care for a wide range of accident-related injuries, emphasizing a patient-centered approach.
● New York Community Hospital: Offers orthopedic and rehabilitation services, tailoring treatment plans to individual needs.
● The Brooklyn Hospital Center: Known for its trauma and emergency care, with a focus on helping accident victims recover and regain their independence.
Legal Considerations for T-Bone Accidents in Brooklyn
You may not be very familiar with legal terminology or the interpretation of the legal framework governing Brooklyn. Don't worry.
No one is born knowing the law. They are learned along the way. Sometimes because circumstances demand it or because you decide to study law at a young age.
However, you don't have to be a side-impact accident lawyer to know your rights. And it is always good to be aware of the laws where you live. This is a way to anticipate catastrophic events and be prepared in case you are involved in an accident like the ones we are describing.
Some of the laws and legal principles governing Brooklyn are as follows:
● New York Vehicle and Traffic Law Section 1141: This law states that a driver approaching an intersection must yield the right-of-way to any vehicle that has already entered the intersection. Failure to yield in a T-Bone collision can establish liability for the driver who violated this statute.
● Comparative Negligence Rule: New York follows a comparative negligence system, allowing for the assignment of fault percentages to each party involved in an accident. Even if a driver is partially at fault, they may still pursue a claim for damages, but the awarded amount may be reduced based on the degree of fault.
Navigating New York’s no-fault insurance system in relation to T-Bone accidents:
● New York's No-Fault Law (Article 51 of the Insurance Law): Under this law, victims of motor vehicle accidents are entitled to no-fault benefits, regardless of fault. These benefits cover medical expenses, lost wages, and other essential costs. However, victims must adhere to strict filing deadlines and requirements.
● Serious Injury Threshold (Insurance Law Section 5102(d)): To bring a lawsuit against the at-fault driver for pain and suffering in a T-Bone accident, the victim must meet the serious injury threshold, as defined by New York law. Examples of serious injuries include fractures, disfigurement, and significant limitations of the use of a body function or system.
Potential legal challenges and how to address them:
● Insurance Disputes: Insurance companies may dispute claims or offer inadequate settlements. Victims can seek legal representation to negotiate with insurers and pursue full compensation.
● Statute of Limitations (CPLR Section 214): In New York, there's a limited window for filing personal injury lawsuits. Victims must initiate legal action within three years from the date of the T-Bone accident to preserve their legal rights.
● Evidence Preservation: Properly documenting the accident scene, gathering witness statements, and preserving evidence is crucial. Legal counsel can assist in ensuring critical evidence is retained and utilized effectively in a legal claim.
Do you feel identified with any of the points described in this post?
Contact The Ward Law! The first evaluation of your case by one of our Brooklyn tbone accident lawyers will be free of charge, and we will tell you if there is any legal avenue that will lead you to compensation. We are located at 535 5th Ave Suite 910, New York, NY 10017.
You can contact us at: 855-DOLOR-55.
We look forward to hearing from you!