Speakers – Gregory Spektor & Michael Levitis
Michael Levitis 00:00
You know if you get hit by a commercial vehicle, let’s say you get hit by some kind of truck delivery truck or what have you. What happens then? Whom are you suing?
Gregory Spektor 00:19
So anytime there is a an owner that is different from the driver, and you get to go through what’s called vicarious liability. Okay, the owner incorporation or a family member, like we said there might curiously live now there’s a lot of litigation nowadays it as as to Uber and Lyft, because there’s still a lot of technicalities that are not worked out as to whether or not their drivers are their employees. And therefore, they’re trying to make a motion to dismiss or vicarious liability claims? Well, we’ve we found a way around that we’re always claiming that besides vicarious liability, they’re always they’re also independent claims against them, which are negligent hiring. And they will just the trust, okay, for example, I mean, all in order to keep them again, in the lawsuit at the very first stage allegation is, then we’ll go through discovery and find whether or not we find enough meat to support that allegation, but allegations in the offing that it’s very important to name them independently outside of vicarious liability. Because then, once we go through discovery, and how many times we’re able to get those, you know, that complaint log, the way you’re not happy with the driver, and we say all kinds of data was speeding, or he dropped me off in the middle of the street, and then it becomes very relevant.
Michael Levitis 01:58
Yes. negligence,
Gregory Spektor 02:01
where S corp disregarded that. And that’s what makes them that would make them responsible for negligent insurance or interesting or negligent hiring.
Michael Levitis 02:13
So when you get hit, God forbid, by a commercial vehicle, there are many more now avenues for you to get compensated because, like you said, maybe the person driving was negligent the company negligence hiring this person, they probably have deep pockets as a big company. So definitely something to consider if you get injured in a car accident involving a commercial vehicle. And same goes for taxis. And Uber. Same thing.
Gregory Spektor 02:46
Right now. I think just last week, they were talking about New York City, I just want to New York, I think last week, they reached some kind of a settlement agreement. Okay, there is, by the terms of that settlement agreement, Uber now is required to make taxi drivers available in their application. In other words, when you order an Uber, you may not know it, but a taxi might show up.
Michael Levitis 03:18
Interesting, okay, right.
Gregory Spektor 03:20
And if if that becomes you know, it at that point, that taxi becomes part of Uber sharing app, then basically what we just talked about will apply a regular yellow cab on its own, I’m not gonna lie, they have horrible insurance. They’d have only $100,000, usually provided by American Transit, which will not pay, they will wait until jury selection date to come up with some decent more or less, more or less decent numbers. We’ll take them to trial.
Michael Levitis 03:57
If a prospective client of yours gets injured while being a passenger in a taxi, you would take probably more serious cases where you can get potentially much more compensation is or would you would you advise anybody who was in a tax accident to call you anyway?
Gregory Spektor 04:15
Absolutely. Absolutely. So many, so many details to consider and and look, we’re the way we’re different from run of the mill, personal injury firms is that we don’t mind me to get it. All right. It may take longer. Yeah, American transit. Those do not scared me, we will go through the whole motion practice they usually file a motion for treshold motion for summary judgment. I don’t mind. That doesn’t scare us.
Michael Levitis 04:43
Gregory that’s a great point. You know, we consider every attorney we take on as a participating attorney in JurisQ and I actually had to go to your office. Meet your staff. I was very impressed. How vast is your is your staff terms of experience and numbers that were few have a whole army of working for you. So you’re not afraid to go to trial against these big insurance companies because you can handle them and handle them.
Gregory Spektor 05:11
I don’t think we’re not afraid. We like trying cases.
Michael Levitis 05:17
A lot of attorneys don’t have litigation experience.
Gregory Spektor 05:20
I have tried cases, but at the end of the day we work for for our client. And when, you know, a substantial offer is presented to the client, and we explain all the risks and benefits. It’s up to the client to decide what he’s gonna do with it. A lot of times, of course, they take this settlement, and some go to trial and get the verdict.
Michael Levitis 05:41
Yep. And you do it and you do it?
Gregory Spektor 05:45
Just one quick issue, why it’s important to to discuss everything with a knowledgeable and serious attorney, because it’s not necessarily it’s not always so clean cut. And so black and white, you know, a driver, a corporation, sometimes there is there multiple layers of corporations again, especially now with this Amazon, and they deliver drugs, and then they and they get some other firms that do things for them. And sometimes you have municipality involved. And then it’s a whole different ballgame. So please do yourself a favor if you are seriously injured. put everything aside. And once you’re stopped once you’re done, you know getting help for your urgent medical problems. consult with an attorney.
Michael Levitis 06:33
Right and one such attorney. One such firm is a firm of Gregory Spektor and Associates. Gregory, thanks very much for your time. You make it sound easy, but really it is not. There’s a lot involved in terms of research and analyzing a case. You really breaking it down for us. I appreciate it. And please stay tuned for more questions and more answers from Gregory Spektor.
Gregory Spektor 07:01
I don’t think there is an equivalent for experience, because most of your hypotheticals that you think are hypotheticals. We’ve done. We’ve been there, we’ve done those.
Michael Levitis 07:15
In between you and your partners, you have decades of experience, right?
Gregory Spektor 07:23
Talented attorneys that we have working in this firm. Yeah, I don’t even I don’t remember the number but it’s probably experienced.
Michael Levitis 07:30
Very good. Okay. Well, we’ll see you next time. If anybody has any questions, you can call Gregory Spektor & Associates directly. The number is the bottom of the screen. The website is also on the bottom of the screen. Or you can post your comments below on this post on social media or YouTube. And we’re going to try to get attorneys to address your question and to answer you. Okay, everybody, thank you very much. Until next time,
Gregory Spektor 07:57
take care. Thank you, Mike. Thank you.
Michael Levitis 07:58
Bye bye.
