Episode Summary In this episode of Trial Talk, host Kevin Rosenquist sits down with seasoned New York trial attorney Michael Joseph to discuss what to do if you're hit by a car. They explore key legal rights for pedestrians, the responsibilities of drivers, and how fault is determined in various scenarios. Topics include crossing inside or outside crosswalks, filing claims against municipalities or bus companies, handling hit-and-run accidents, and the importance of immediate medical attention. Michael offers practical advice on navigating complex legal situations and emphasizes the urgency of contacting a lawyer quickly after an accident.

Timestamps:

[00:00:30-00:01:14] Can you sue if you're hit by a car in New York?

[00:01:14-00:02:40] Crosswalk vs. non-crosswalk accidents and comparative fault

[00:02:40-00:03:26] How speeding impacts driver liability

[00:03:26-00:04:03] When is a pedestrian more than 50% at fault?

[00:04:03-00:05:43] Who pays for medical bills after an accident?

[00:05:43-00:07:30] Filing claims against bus companies and dealing with municipal entities

[00:07:30-00:08:26] Challenges when dealing with transit authorities

[00:08:26-00:10:51] Rights and procedures in hit-and-run cases

[00:10:51-00:12:43] Importance of immediate medical attention and avoiding gaps in treatment

[00:12:43-00:13:20] Insurance companies’ tactics and protecting your rights

[00:13:20-00:14:29] When to contact an attorney and rising hit-and-run issues

About The Show

Trial Talk is a legal podcast hosted by Kevin Rosenquist, featuring experienced New York trial attorney Michael Joseph. Each episode offers practical insights into legal issues faced by everyday people, with a focus on personal injury, commercial litigation, and criminal defense. With over 20 years of legal experience, Michael shares valuable advice, real-world examples, and actionable steps for navigating complex legal situations. Whether discussing pedestrian accidents, dealing with insurance companies, or handling municipal claims, Trial Talk aims to empower listeners with the knowledge they need to protect their rights and seek justice.

In this episode of Trial Talk, attorney Michael Joseph dives into the legal complexities surrounding rideshare and food delivery accidents in New York. He explains who is responsible for medical bills depending on the status of the driver—whether they're on the app, off the app, transporting people, or delivering food. Michael emphasizes the importance of timely filing for no-fault benefits and highlights the different protections available for passengers and drivers in various scenarios, including uninsured motorist coverage and supplemental underinsured motorist coverage. Listeners learn why it's critical to consult an attorney early to avoid missing key deadlines and losing out on benefits.

Timestamps

[00:30-01:51] Rideshare Employee vs. Independent Contractor

[01:51-03:02] No-Fault Insurance Overview

[03:02-04:25] Passenger Accidents in Rideshares

[04:25-06:16] Food Delivery Accidents: Car, Bike, E-Bike

[06:16-08:47] E-Bike & Motorcycle Accidents

[08:47-09:37] Rideshare vs. Food Delivery Legal Differences

[09:37-10:54] Accidents with Uninsured Drivers

[10:54-12:51] When to Contact an Attorney

About The Show

Trial Talk is a legal podcast hosted by Kevin Rosenquist, featuring experienced New York trial attorney Michael Joseph. With over 20 years of expertise in personal injury, commercial litigation, and criminal defense, Michael shares practical insights on navigating complex legal scenarios. Each episode breaks down real-world legal issues, from rideshare and food delivery accidents to broader topics like workers' compensation and insurance claims. Whether you're a driver, passenger, or someone seeking legal clarity, Trial Talk provides actionable advice to protect your rights and ensure justice.

In this episode of Trial Talk, Christine interviews seasoned New York trial attorney Michael Joseph, who shares valuable insights into construction site accidents and legal protections for injured workers. With over 20 years in personal injury, commercial litigation, and criminal defense, Michael provides an in-depth look at common construction accident causes, such as unsafe ladders, scaffolds, falling objects, and slips or trips. He highlights the legal responsibilities of contractors and landowners to ensure safe work environments, explaining that breaches of safety regulations can lead to liability.

A key focus of the discussion is New York’s Ladder Law (Labor Law 240), which mandates safe conditions for workers at elevations. Michael clarifies that workers injured due to unsafe equipment can sue, even if their employer provided the equipment. The episode also covers when construction workers can sue for injuries under labor law violations, with specific exceptions for residential projects.

Michael also addresses unique accident cases, including falling objects and trench collapses, and the federal protections for marine construction workers under the Longshore Harbor Workers' Compensation Act, which can offer higher compensation than state workers' comp.

. To learn more, listeners are encouraged to visit NewYorkTrialLawyers.org.

Timestamps:

00:00:17 - Common Causes of Construction Site Accidents 00:02:05 - Falling Object Cases 00:03:09 - Slip, Trip, and Fall Accidents 00:03:41 - Saw and Circular Saw Cases 00:04:12 - Trench Accidents 00:04:43 - Demolition Accidents 00:05:04 - Legal Responsibilities of Contractors and Landowners 00:05:52 - Understanding the Ladder Law 00:06:55 - Liability When a Ladder Breaks 00:09:31 - When Can Construction Workers Sue for Injuries? 00:11:02 - Falling Object Injuries 00:11:45 - Lack of Fall Protection 00:12:18 - Worker Rights in Marine Construction 00:14:08 - Injuries from Wall Collapses During Demolition 00:14:58 - Suing for Trench Collapse Injuries 00:15:37 - Case Study: Excavation Injury

About The Show

In each episode, join us as we dive deep into various aspects of New York personal injury law with esteemed trial lawyer Michael Joseph. Michael shares his wealth of knowledge and experience in navigating complex legal cases from the bustling streets of New York to the courtrooms of Manhattan, the Bronx, Queens, Brooklyn and White Plains.

Join us on "Trial Talk" as we demystify the legal landscape of personal injury law, offering valuable insights and practical advice for legal professionals and those seeking justice in the aftermath of accidents and injuries.