From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Lawyer)

As you're reading this blog, I'd like you to think like a law student and ask yourself: "Who can you sue for this accident"?

On March 28, 2004, James Gortych went for a bicycle ride in New York City's Central Park. He was 60 years-old and very athletic - an experienced bicyclist and competitive runner. Unbeknownst to Gortych, the 2004 Biatholon (running and bicycle riding) was in progress in the park. Expected to take part in the event were 5oo people, with another 100 or so watching.

Central Park was not closed and remained open to walkers, joggers, bicyclists, and skaters, who have the right of way. On March 28, 2004, the Biathlon was held along a six-mile loop around the park, divided into three parts: a two-mile run component, followed by a 12-mile bicycle component, and then another two-mile run. Inside-the-park Biatholon participants were threatened with disqualification if they biked in the public recreation lanes, which were marked with a double white line. The Biatholon had workers stationed around the race course and placed orange warning cones, in order to prevent accidents.

Gortych had been to Central Park about a dozen times. On the day of the accident, he intended to enjoy a relaxing bicycle ride in the park as a prelude to a running race the following week. He chose Central Park because it was closed to car, bus and truck traffic that day, as it was on every weekend.

Gortych did not see the bicycle race. Between 9:00 and 9:30 AM, as he rode into a curve, he felt a "push" at the back of his bicycle, at which point Biatholon biker Robert Brenner accidentally collided with him. Gortych was knocked unconscious and suffered serious physical injuries, including fractures of bones in his face, requiring surgery.

For his accident and injuries, Gortych sued Brenner, the New York Triathlon Club, the New York Triathlon Club Inc., the City of New York, and the New York City Department of Parks and Recreation. As against the City of New York, Gortych claimed that it was negligent in providing a permit for the Biathlon with full knowledge that the general public would be utilizing the Central Park East Drive and that the Biathlon consisted of bicyclists competing in a timed race and to allow the race to take place among the general public.

This case now comes up on the City of New York's motion for summary judgment (on paper) to let it out of the case. The City argued that it was the club's duty to organize the race and that it merely "furnished the occasion" for the accident by issuing a permit, a governmental function for which it could not be held liable. The City of New York also insisted that Gortych knew about the race and assumed the risk when he chose to ride in the park, contending he had been alerted to the race and that the dangers were apparent.

Gortych counter-argued that the City, as the owner and operator of the park, owed a general duty to all of its guests and denied he had assumed a risk of collision with a racing cyclist.

This week, Manhattan Justice Barbara Jaffe agreed that the City owed a duty to Gortych. Justice Jaffe found that the shared lane provided "abundant opportunities for collision." It was for a jury to decide if any negligence by the City of New York's negligence contributed to this accident.

Comment: I wonder if Gortych was wearing a helmet.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Attorney)

Before I get to the main subject of today's blog (a young accident victim), I want to share some interesting information with you.

In the 1970s, the New York City Health Department became aware of a large number of children falling from apartment building windows. The Health Department developed and began a public awareness program named "Children Can't Fly."

The Children Can't Fly Program, started in 1972, was a huge success - dramatically reducing children's deaths and injuries. In the Bronx alone, the number of children hurt and injured by accidental falls from windows was cut in half. By 1976 the New York City Board of Health amended the Health Code to require window guards in apartments with children under age 10.

Those of you readers who live in apartment buildings may get window guard notices periodically, where you have to state if there are children under age 10 living in the apartment. This leads us to today's topic.

On Sunday, June 10, 2010 two year-old Ebrahim Aburawi dropped some thirty feet through an unguarded, open apartment window, to a terrace below. He fell from the 18^th floor to the 15^th floor of the building where his parents live on East 46^th Street in Manhattan. Amazingly, his injuries from the accident were minor. He is reported under observation, but recovering nicely, at Bellevue Hospital.

The apartment lacked window guards. It is reported that the New York City Building Department issued a citation to the building owner for not installing window guards in the apartment.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Attorney)

In a horrible fatal accident on Saturday, June 26, 2010, at about 2:00 PM, a six month-old baby girl and her mother, age 33, were in Manhattan's Central Park Zoo on a family outing. As the baby's father prepared to photograph baby and mother, there was a "snap," and a branch broke off a tree and dropped on top of the two.

They were rushed to New York City's NewYork-Presbyterian/ Weill Cornell Medical Center where the baby was declared dead and the mother treated for head and neck injuries sustained in this accident. The child was identified as Gianna Riccuitti of Union City, New Jersey; the mother as Karla Ricciutti. It is unclear whether the branch killed the baby directly, or if she died when her mother -- injured, hurt and bleeding -- dropped her.

Present in the zoo were a nurse and another witness who attempted first aid and CPR, but were unable to revive little Gianna.

Comment:Is anyone legally responsible for this fatal accident? Did the City of New York fail in its duty to these visitors to Manhattan? Did the N.Y.C. Parks Dept. fail to inspect the tree? Should it have? The tree was within the Central Park Zoo, which is run by the non-profit Wildlife Conservation Society. Is that charity, which does good work in protecting our environment and natural resources, to be held to task in a court of law for this horrible accident?

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Attorney)

On Tuesday, June 22, 2010, 12 year-old Nicole Suriel, a sixth grade student at Harlem's Columbia Secondary School went on a class trip to Long Beach, on Long Island. The trip was intended as a reward for students' fund-raising efforts in a charity walkathon.

Two teachers and a college student-intern accompanied the two dozen or so students. They lead the children over a wooden ramp and across a boardwalk - onto a portion of the beach posted with "No Swimming" and "No Lifeguard on Duty" signs. As the summer beach season was not considered begun, there were, indeed, no lifeguards on duty.

In a tragic accident, almost immediately after the child entered the water she was grabbed by a strong riptide and pulled out to sea; there she drowned. Her body was not found for almost an hour and a-half.

Questions are being raised as to whether the child's parents had agreed to allow her to go on the trip, whether they signed a permission slip for the school, or if they even knew about the trip

City of Long Beach police are engaged in an ongoing investigation to determine if criminal charges will be brought as a result of this young girl's accidental drowning death.

In a later occurrence, at the child's funeral, distraught parents confronted and screamed at the school's principal, demanding answers.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens¹ Bronx; Queens Injury Attorney)

On Tuesday, June 21, 2010, at about 9:30 AM, a van running from a police chase crashed out of control and plowed into a cluster of pedestrians. Killed was 83 year-old Catholic nun Sister Mary Celine Graham. Four others were injured.

Sister Mary Celine was waiting with a home health aide to cross Harlem's Lenox Avenue and West 122nd Street when a blue Chrysler van banged into them. The force of the impact hurled them across the roadway

Sister Mary Celine was taken to Harlem Hospital, where she was declared dead. Her aide, Patricia Cruz, age 58, was in critical condition at the hospital with serious internal injuries

According to police, officer were chasing the van because it contained three suspects wanted in connection with an armed robbery that had recently taken place.

Officers stopped the van and removed the driver, one of the passengers jumped behind the wheel and took off on Lenox Avenue.

According to an eyewitness, the van ran through a red light, struck a Honda Odyssey and hit the pedestrians. "It made a loud impact like an explosion," said the witness. The two men remaining in the van took off running. They are being sought by authorities. The driver who was apprehended faces a variety of criminal charges.

A woman, Amy Feinberg, of New Jersey, and her teenage, Jared, who occupied the Honda, were in stable condition at Manhattan's St. Luke's-Roosevelt Hospital Center, the police said. Ms. Feinberg has brain hemorrhaging (bleeding) and traumatic brain injury (TBI).

Comment: The police are not supposed to engage in high speed chases when to do so would endanger innocent others.

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^{1QUEENS COUNTY COMMUNITIES: Serving Queens neighborhoods of: Arverne, Astoria, Auburndale, Bayside, Beechhurst, Bellaire, Belle Harbor, Bellerose, Blissville, Breezy Point, Briarwood, Broad Channel, Cambria Heights, College Point, Corona, Douglaston, East Elmhurst, Edgemere, Elmhurst, Far Rockaway, Flushing, Forest Hills, Fresh Meadows, Fresh Pond, Glen Oaks, Glendale, Hillcrest, Hollis, Holliswood, Howard Beach, Hunters Point, Jackson Heights, Jamaica, Jamaica Estates, Jamaica Hills, Kew Gardens, Laurelton, Lefrak City, Linden Hill, Lindenwood, Little Neck, Long Island City, Malba, Maspeth, Middle Village, Murray Hill, Neponsit, Oakland Gardens, Ozone Park, Pomonok, Queens Village, Queensboro Hill, Rego Park, Richmond Hill, Ridgewood, Rockaway Park, Rockaway Point, Rosedale, Saint Albans, Seaside, South Jamaica, South Ozone Park, Springfield Gardens, Steinway, Sunnyside, Utopia, Wave Crest, Whitestone, Woodhaven and Woodside.}

From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn¹ Queens Bronx; Brooklyn Accident Lawyer)

On Wednesday June 16, 2010 Manuel Rosario, age 53, lost seven fingers and part of his right pinkie, leaving him with just two undamaged, whole thumbs. This happened while he was working for aerospace company Hughes-Treitler in Garden City on Long Island.

Rosario was feeding sheets of aluminum into a punch press, when the machine closed on his hands.

The United States Occupational Safety and Health Administration (OSHA) is looking into the accident.

Comment:Widely reported is that this Long Island man doesn't blame his employer. He spoke to a local newspaper in a hospital interview: "You have to be strong and take care of what happened to you." 

But was the machine defective? Was it missing guards or safety devices? How about a foot switch so that you can operate the press withut a separate action? Or was Rosario just not paying attention?

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^{1KINGS COUNTY COMMUNITIES Serving Brooklyn neighborhoods of: Bath Beach, Bay Ridge, Bedford-Stuyvesant, Bensonhurst, Bergen Beach, Boerum Hill, Borough Park, Brighton Beach, Broadway Junction, Brooklyn Heights, Brownsville, Bushwick, Canarsie, Carroll Gardens, City Line, Clinton Hill, Cobble Hill, Coney Island, Crown Heights, Cypress Hills, Ditmas Park, Downtown Brooklyn, DUMBO, Dyker Heights, East Flatbush, East New York, Flatbush, Flatlands, Fort Greene, Fort Hamilton, Fulton Ferry, Georgetown, Gerritsen Beach, Gowanus, Gravesend, Greenpoint, Highland Park, Homecrest, Kensington, Manhattan Beach, Marine Park, Midwood, Mill Basin, New Lots, Ocean Hill, Ocean Parkway, Paerdegat Basin, Park Slope, Plum Beach, Prospect Heights, Prospect Lefferts Gardens, Prospect Park South, Red Hook, Remsen Village, Rugby, Sea Gate, Sheepshead Bay, Spring Creek, Sunset Park, Vinegar Hill, Williamsburg, Windsor Terrace and Wingate.}

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)

Citizens of New York City: prepare for an immediate short-term reduction in the number of cell phone talking and/or texting car, bus and truck accidents.

New York City police have scheduled a one-day ticket blitz attack aimed at drivers who drive and text or drive and use a cell phone with their hands. The ticket crackdown starts at midnight on Tuesday, June 22, 2010.

A New York spokesperson says that cops expect to issue thousands of tickets. A similar ticket blitz in March, 2010, resulted in more than 6,700 tickets and $800,000 in fines.

City officials promise that this is all about safeguarding the public by preventing accidents and personal injury, and not the money generated by ticket fines. A cell phone ticket can cost $130.

Studies show that operating a cell phone when driving is dangerous and distracting and slows down driver reaction times as much while driving while drunk or impaired - which contributes to many motor vehicle accidents. 

In addition to New York City's stated concern for public safety, there is the added benefit of tending to catch more drunk drivers and even drivers with outstanding arrest warrants in the net cast by the ticketing campaign

Dear Readers: Now I've alerted you, so drive safe and careful -- ALWAYS!

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Lawyer)

On Thursday June 17, three 11 year-old boys celebrated early dismissal from Bay Shore Middle School. They went to one of the boys' homes to swim, even though no adults were home and they did not have permission to use the backyard swimming pool.

At the pool, on Delay Lane in Bay Shore, Long Island, New York,11 year-old Tre-Zon P'Lindor lost his life in a drowning accident in the pool.

Suffolk County police say the boy was found at the bottom of the Bay Shore pool at 1:00 PM Thursday. Police say he was pulled out by his friend who called his older brother to help revive him and call 911.

Tre-Zon was declared dead at the hospital.

The older brother of the 11 year-old whose home it was had warned the boys not to swim, because no parents were at home.

Comment:I'm getting tired of accidental pool-drowning stories. Pool owners, please gate off and lock your pools; though it is likely that boys of this age could easily have climbed a small fence.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Lawyer)

Campbell's Soup Co. is recalling 15 million pounds of SpaghettiOs, manufactured since December 2008. The meat was undercooked at a Campbell Soup factory in Texas, presenting a risk of food poisoning by botulism. The affected cans have a "Use By" date between June 2010 and December 2011 ink-jet printed on the bottom of each can.

Consumers should not eat any can of SpaghettiOs with Meatballs. Questions can be directed to Campbell's toll free hotline at 1-866-495-3774.

Botulism is a rare, life-threatening paralytic illness caused by neurotoxins produced by an anaerobic, gram-positive, spore-forming bacterium, Clostridium Botulinum. Botulism is one of the most toxic of known substances.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Attorney)

Here's the picture Dear Readers: on the afternoon of Monday, June 14, 2010, two cops are tearing down the wrong side of Jay Street, in Brooklyn, in their patrol car, lights flashing and siren screaming. They knock down a bicycle rider. What do you think they should do?

Here's what they do: The cops stop. Give the bike rider some tissues or napkins to wipe himself, and then they drive off.

Problem: In cases like this the officers were supposed to stop. And call a supervisor. And make a report. Veteran officers Louis Ramos, age 42, and Paris Anderson, age 33, assigned to the 84th Precinct, buy themselves a suspension without pay. It seems that at least part of this mess was captured by a nearby video surveillance camera. New York City police should and generally do know better.

The bicyclist, who was not identified because the investigation is continuing, reported the incident to police. No word on how seriously he was injured - did he hurt a knee? A shoulder? Does he need surgery? We don't know yet.

An attorney for the officers wouldn't shed light on this accident, but the officers are claiming that they believed the man merely fell off his bike because he was surprised by their siren.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Attorney)

I do not practice New York matrimonial (divorce) law. Although I have many attorney friends who do. I am, however, moved to write about changes to New York State divorce law that are on the horizon.

First off, let me say that I believe that any law that may force a couple trying to end a marriage to lie to a judge to get a divorce is just plain wrong. But this is what current New York Law does. Presently, to end a marriage in New York there must be "fault" - one spouse must take the blame - even if both marriage partners want out of the marriage.

So those seeking a legal New York divorce face a situation where they must go into Court and claim "cruel and inhuman treatment" or "adultery" or "abandonment" - which means the couple have stopped having intimate relations. To make this even crazier, there can be actual abandonment, where one spouse moved out, or constructive abandonment, where the spouses stayed under the same roof, but basically, stopped sleeping together.

Good news. On Tuesday (June 15, 2010) the New York State Senate approved a law that would allow couples to end their marriages by mutual consent, a so-called "No-Fault" divorce; which has nothing to do with motor vehicle accidents or personal injury (which also has a No-Fault law).

The proposed divorce law still has to be passed by the New York State Assembly. But people who know about these things say that they believe that victory in the Senate, which was controlled by Republicans until last year, gives the proposed law momentum and a strong chance of winning approval in the Assembly, which is also controlled by Democrats.

Governor Paterson is expected to sign the bill if both houses of the Legislature approve it.

Efforts to change the state's divorce laws have been repeatedly blocked over the years, even as other states moved to modernize their divorce laws to include some version of no-fault divorce. Opponents included the Roman Catholic Church, which objects to making divorce easier, as well as some women's advocates, who feared that no-fault divorce would deprive women -- especially poor women who could not afford lengthy litigation -- of leverage they needed to obtain fair alimony or child support agreements from husbands seeking to divorce them.

But there are better ways to equalize the finances in a contested divorce than to allow one side to hold up the divorce by refusing to acknowledge the "fault."

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)

The Queens County neighborhood of Corona leads New York City in drunk-driving arrests, according to New York City Police Department statistics.

There have been 257 drunk-driving arrests to date this year in the 115th Police Precinct, which includes parts of Corona, East Elmhurst and Jackson Heights. Roosevelt Avenue, in the heart of the neighborhood, has 80 bars and alcohol-selling restaurants and attracts drivers from around the New York City area.

While drunk driving arrests have dropped over eight percent citywide so far this year compared with the same time period in 2009, arrests remained exactly the same in the 115th Precinct.

The neighboring 110th Precinct -- which includes Elmhurst and the rest of Corona, with notoriously hard-to-find mass transit and yellow cabs -- had 167 DWI arrests through June 6 for the city's second highest total.

One reason Corona, Queens, has higher arrest statistics is the heavy motor vehicle congestion along the main road in that neighborhood: Roosevelt Avenue.

To avoid accidents and persoanl injury, drivers must often swerve to avoid double- or triple-parked cars and getting into crashes or collisions. Other violations, like having headlights off or not signaling can also attract police attention.

However, the New York City Police Dept. has assigned 100 "impact" cops to the area to prevent crime.

There is a fairly small amount of violent crime in the neighborhood, giving patrol cops more time to zero in on erratic drivers, and prevent accidents.

In New York City overall, drunk driving arrests are up 93.4% since 2001. One can only wonder how great an effect this has had on the number of accidents and people hurt and suffering serious personal injury in car, bus or truck accidents.

From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Lawyer)

File this in the "you can't make up this stuff" department. In the early hours of Sunday, June 13, 2010 New York City Fire Marshals arrested Albert Trummer, age 40, co-owner of the Prohibition-era styled Chinatown bar Apotheke. Trummer was known for pouring high-proof alcohol on the top of his bar and lighting it.

The N.Y.F.D., being party poopers, felt that the indoor ignition of a huge fireball, near customers, indoor decorations and curtains, presented some kind of hazardous condition.

Apotheke, which is German for "pharmacy," opened in 2008, and was featured -- along with Mr. Trummer's flame show -- in an episode of "The Real Housewives of New York City," when one of the characters, LuAnn de Lesseps, went there on a date.

Undercover fire marshals visited the bar Saturday night. They report that the fire was set around 2 AM along the 15-foot-long bar, and burned about six feet in width; the flames jumped two to three feet into the air.

The fire blazed for several minutes and then went out. No one was hurt or injured. Mr. Trummer was arrested and charged with reckless endangerment and criminal nuisance, both misdemeanors. The bar closed, but reopened the next night.

Comment:The idiocy of people never fails to amaze me. If that fire burned and injured a bar customer and that person brought a lawsuit for personal injury, would all trial lawyers still be greedy and driving business out of New York?

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Attorney)

Police are searching for a driver who ran down a man this morning in Brooklyn before takingf off.

The unidentified accident victim was hit by a Toyota Highlander around 2:00 AM at the intersection of Atlantic and Fourth Avenues in Brooklyn's Boerum Hill neighborhood.

The driver left the scene and the car, which is registered to a Staten Island resident, was later found abandoned on President Street, just outside Brooklyn's Prospect Park.

The accident victim was taken to Kings County Hospital in critical condition with head trauma and other injuries from the accident. His condition has now been upgraded to stable.

Authorities are investigating.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Lawyer)

On Sunday June 6, 2010 four Vermont residents died from accident-related injury when their Honda Pilot sport utility vehicle collided with a tractor-trailer hauling ice cream on an upstate New York highway.

State police say 42-year-old Robin Martinez was driving the SUV driver. He died along with 40-year-old Juana Jimenez and two of her children, 13-year-old daughter Jasmil Jimenez and 10-year-old Cesar Jimenez. They all lived in Bennington, Vermont.

Jimenez' 15-year-old daughter and the truck driver suffered injuries that weren't life-threatening.

New York State troopers say that the SUV crossed into the truck's path on Route 7 in rural Pittstown, New York, Sunday morning. They say the family was returning from New York City, where Martinez arrived on an overnight flight from the Dominican Republic. Troopers say driver fatigue may have been a factor in the crash.

Pittstown is about 23 miles northeast of Albany.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Lawyer)

Avoid tailgating.

If you have loud pipes, don't rev them by you neighbors at night.

Riders must ride aware, know their limits and ride within them to avoid an accident. They must also be aware of and understand their motorcycle's limitations and the environment in which they ride.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)

On Friday June 4, 2010 at 8:50 A.M. Therese Alonso, age 64, of Staten Island, New York, was killed in an accident while crossing Richmond Terrace when she was struck by a tractor-trailer. She was going to a local market to shop.

The petite mother of two grown sons lived alone in a nearby apartment. She was disabled and walked with a cane because of leg pain.

Some eyewitnesses said the tractor trailer truck was slowing down as it approached a red light at the intersection but sped up just before it turned green. Other witnesses say the truck jumped from a stop when the traffic light turned green.

Apparently the truck driver did not see the woman before the fatal accident. She died from her serious personal injuries and was pronounced dead at the scene.

Police are investigating the fatal accident, but criminal charges are not expected.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Attorney)

As a group of shocked parents looked on in horror, a Queens woman was run over this morning after she had accompanied her son to school, authorities said.

8:45 A.M. Friday morning, June 4, 2010. A woman in Bayside, Queens, was walking her son to school when, while crossing the intersection of 202nd Street and 53rd Avenue in Bayside, she was hit by a car.

An eyewitness to the accident was quoted as hearing the school crossing guard screaming, 'Stop! Stop! Stop!' The woman was hurled into the air.

Police said the woman had just dropped off her 5-year-old son at nearby P.S. 162.

Neither the injured accident victim nor the driver of the car was immediately identified.

The woman was taken to New York Hospital/Queens in critical condition with a head injury.

The 51-year-old driver was arrested for driving with a suspended license.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)

On Wednesday, June 2, 2010, off-duty New York City police officer Philip Clemens, age 27, was riding his motorcycle on the northbound Cross Island Parkway, when he had an accident. At about 10:000 P.M. he blew a curve and struck a guardrail.

Clemens, who joined the force in January 2006, flew off the bike and landed on the roadway. He was taken to New York Hospital in critical condition and later died from the injuries he sustained in the accident.

Dozens of relatives, friends and fellow New York cops flooded the hospital in the hours after the crash. Many wept openly in the building's lobby. Several cops broke down when news spread early Thursday that Clemens had died.

The officer was assigned to the 100th Precinct and had been on the job since 2006.

According to authorities, the accident is under investigation.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Attorney)

1.  Q: Does the car insurance company have to pay for all of my medical bills?

A: In New York, No-Fault insurance must pay only for the bills that are reasonable in charge, necessary to your recovery, and related to the accident. Also, the insurance company is not required to pay for more than it contracted for with the policyholder. For example, in New York, the standard (minimum) No-Fault insurance medical bill coverage is $50,000, which means that the No-Fault insurance carrier only need pay $50,000, even if the injured accident victim's medical bills are more.

2. Q: What if the other driver does not have any accident insurance? Can I still collect?

A: If the other driver has no insurance, or the car that injured you was stolen, or in the event of a hit-and-run accident, it may be fairly easy to collect by going against your own insurance company under the Uninsured Motorist coverage portion of your insurance policy. In New York, you can access this coverage through a process known as arbitration, which is fairly easy, quicker, and less expensive than if you had to bring an accident or personal injury lawsuit against another vehicle.

3. Q: Will using my own insurance increase my rates after an accident?

A: No in some states if you are not at fault for an accident, your insurance company cannot raise your rates, cancel your coverage or fail to renew you.

4. Q: Do I have to hire an attorney to help me with my accident claim?

A: No, any person can represent themselves, but there are many good reasons why you should not. Insurance company studies have shown that injured accident victims who represent themselves recover less money for their injuries than persons represented by attorneys, even after factoring in the attorney's fee. First consultations are usually free, so it usually does not cost any money to investigate whether you should retain an accident or personal injury attorney.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Attorney)

1. Q: Do I have to be a U.S. citizen to make an insurance or accident claim? 

A: No. U.S. citizenship is not a pre-requisite to making an insurance claim, even if you are not here legally, which we call "undocumented."

2. Q: How long do I have to file a lawsuit for an accident?

A: Each state varies. In New York State, you have three years from the date of accident; minors usually have more time (they have until they are 21 years-old in the State of New York, for example). Failure to file in time will forever bar your case and your recovery. Please note that there are shorter deadlines to file for certain motor vehicle insurance benefits and also to sue a municipality (City, State, Transit Authority, etc.). It is critical to check with an attorney to make sure you know the right time limits for your case.

3.  Q: What is the minimum automobile insurance coverage I must carry in my state?

A: In New York States you have to carry a minimum of $25,000 per person $50,000 per occurrence liability coverage. However, I recommend you carry more: med pay, UM/UIM, towing and car rental coverage. I believe you should carry at least a $100,000/$300,000 liability accident insurance policy. You will be surprised how low the premiums are. Check with your insurance agent to compare prices. Don't wait until you are in an accident before realize you needed more coverage.

4.  Q: If I am cited by police officer or trooper in an accident, can I still collect a settlement?

A: If you are cited for an infraction that was not the cause of the accident, you may still make a insurance claim. If you are cited for factors that caused the accident, you may still collect a settlement if you are not the primary cause of the accident. Check with an experienced personal injury and accident lawyer.