New York Injury Talk Blog

Man Ejected from Car during Crash Killed on Staten Island Expressway

A 52-year-old man reportedly died of injuries he suffered during an auto accident on November 25, 2008 on the Staten Island Expressway. According to this news report, the victim, who has not yet been identified, was taken to an area hospital after the car he was a passenger in careened into a guardrail on the Staten Island Expressway near its merge with the West Shore Expressway. The driver was reportedly traveling at a high rate of speed. The victim was ejected from the vehicle over the guardrail and fell down to the ground. It is not clear yet how and why he was ejected.

It would be very interesting to see how and why this man was thrown out of the vehicle. The main question here would be: Was the victim wearing his seatbelt? And if he was, did it fail at the time of the accident? If the victim was thrown out of the vehicle as a result of a defective seatbelt, which failed at the time of the accident, then his family members can file a product liability lawsuit against the auto manufacturer.

Seatbelts could be defective because of a manufacturing defect or a design defect. An experienced New York auto product defect attorney will be able to determine using experts how and why this accident occurred and who should be held responsible for it. Victims’ families may be entitled to significant compensation for their personal loss, loss of future wages (especially if the deceased victim was the family’s primary breadwinner) and other related expenses.

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Posted In: Automobile Accidents , Personal Injury , Product Liability & Recalls , Wrongful Death

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Antonio Romano, 55, died in a Staten Island pedestrian hit-and-run accident on November 3, 2008, the Staten Island Advance reports. Romano was found about 20 feet in front of his black 2008 Honda Accord on North Railroad Avenue near the intersection of Atlantic Avenue. He had suffered massive head trauma and was taken to the hospital in critical condition, where he died.

Police are still trying to figure out who may have struck Romano and left him to die on the street. It is not known exactly what Romano was doing there at the time of the crash. Eyewitnesses said the hit-and-run driver seemed to have stuck Romano and his Honda, which had suffered some damage to the driver’s side window. A passer-by saw Romano lying on the street and called emergency personnel.

We certainly hope police apprehend whoever committed this heinous act and bring them to justice. Hit-and-run is not only an appalling act, it is also a crime. It is against New York law to leave the scene of an accident. New York state law requires drivers involved in an auto accident in New York to remain at the scene of the accident and exchange driver’s license and insurance information with the other driver or drivers. It is necessary to stop and exchange information even if you believe the accident was not your fault. If there are injuries involved, the driver is required to stay at the scene and render aid to the victim, if it is possible to do so safely.

The hit-and-run driver in this Staten Island auto accident should be held civilly and criminally responsible for causing this accident and then leaving the victim to die. Romano’s family should call a leading Long Island personal injury attorney to find out more about their legal rights and options.

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Posted In: Automobile Accidents , Pedestrain Accidents , Personal Injury , Wrongful Death

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Casey G. Mehlinger, 47, of Shirley, New York, died in a motorcycle accident in Upper Tulpehocken Township on November 28, 2008. According to this article, Mehlinger was riding his motorcycle along Bloody Spring Road near Route 183 when his motorcycle crossed the westbound lane, left the road and hit a tree. Mehlinger was thrown off his motorcycle. He was pronounced dead in an area hospital. He was wearing a helmet. However, the news report states that he died of head injuries suffered during the crash. Mehlinger was apparently the 51st person to die on Berks roads this year.

New York Motorcycle accident injuries are on the rise not only in New York but across the nation. According to the National Highway Traffic Safety Administration’s (NHTSA) latest statistics, motorcycle fatalities have increased from 4,387 in 2006 to 5,154 in 2007 – up by 6.6 percent, which accounted for 13 percent of all motor vehicle accidents. The number of motorcycle injuries has also significantly increased from 88,000 in 2006 to 103,000 in 2007. That is a 17 percent increase. If you think the increase in fatalities is because more people are riding motorcycles, consider this statistic – fatality rates in most years have outpaced registration rates. For example, from 2005 to 2006, when motorcycle registrations actually decreased by 1.6 percent, fatality rates increased by 5.7 percent.

Motorcycle accidents occur because of a variety of reasons. In solo vehicle crashes, the most common causes apart from driver error or speeding are a mechanical malfunction or product defect in the motorcycle or a dangerous condition on the roadway that caused the rider to lose control of his vehicle.

It is in the Mehlinger family’s best interest to contact an experienced New York motorcycle accident attorney to find out about their rights and legal options. In cases where there is negligence or wrongdoing involved – be it a defective auto product or dangerous roadway – families of auto accident victims are eligible to receive compensation for medical or funeral expenses and loss of future wages.

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Posted In: Motorcycle Accidents , Personal Injury , Wrongful Death

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The U.S. Consumer Product Safety Commission (CPSC) has recalled about 670,000 of IKEA’s defective IRIS and ALVINE Roman blinds because of a strangulation hazard for young children. According to this CPSC alert, young children can get strangulated when they place their neck in an exposed inner cord on the backside of the defective blinds.

That’s exactly what happened in the case of a 1-year-old girl in Greenwich, Connecticut. She became entangled in the inner cord of an IKEA Roman blind and strangled. The child was apparently playing in a portable playpen that was located underneath a fully lowered Roman blind. She was later found partially suspended with the inner cord of the blind wrapped twice around her neck. The defective product recall involves all sizes of IRIS and ALVINE Roman blinds in white that were manufactured in India. They were reportedly sold in IKEA stores nationwide from July 2005 through June 2008 for between $7 and $30.

Every year, thousands of innocent Americans, many of them children, are injured or killed by dangerous and defective products which should not have been marketed or sold in the first place. These IKEA Roman blinds certainly fall under that category. Victims of these defective products, often times, will be eligible to recover damages from the manufacturers or distributors of such defective products.

If you or a loved one has been injured because of a product defect, please call the New York product defect attorneys at Wingate, Russotti & Shapiro for a free and comprehensive consultation. You may be eligible to receive compensation for medical bills (funeral expenses where applicable), lost wages, pain and suffering.

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Honda is recalling about 4,000 of its model year 2001 Accord and Civic vehicles for airbag defects, according to this news report. The driver’s side airbag inflator could produce excessive internal pressure, possibly causing the airbag to rupture when it deploys during an auto accident. This type of rupture or tear in the defective Honda airbag could cause metal fragments to pass through the airbag cushion material possibly causing injuries to the vehicle’s occupants. When the recall begins in December, Honda dealers will replace the inflator free of charge. Honda owners seeking more information are asked to visit the National Highway Traffic Safety Administration’s (NHTSA) Web site at www.safercar.gov.

Although this recall involves only a few thousand vehicles, it is still a dangerous auto product defect. As drivers, we all expect airbags to protect us and our families in the event of an auto accident. When you have a defective airbag in your vehicle, there is a good chance that it will not deploy or deploy properly when you need it the most. In the case of these defective Honda airbags, there is also the additional risk of injury because of metal pieces passing through the airbag and piercing vehicle occupants.

Thousands of people die in the United States as a result of auto product defects involving weak roofs, airbags, faulty tires, seatbacks, seatbelts and gas tanks. If you or a loved one has been injured as a result of any defective auto product, please call an experienced New York auto product liability attorney at Wingate, Russotti & Shapiro today for a free consultation.

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Posted In: Product Recalls

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An 82-year-old woman has died from injuries she suffered in a Nov. 7 chain reaction car accident in Henrietta that injured several people, according to this news report. Sally Erwin died on November 22, 2008. The incident reportedly occurred on East Henrietta Road when a vehicle rear-ended a second car, which was then pushed into the oncoming lane hitting a third car. Six people suffered injuries and were taken to an area hospital.

Clearly, this is a complex auto accident that requires in-depth investigation. The injured victims and the family of Sally Erwin would be well-advised to retain the services of a truly experienced New York auto accident attorney who will determine what went wrong here and who should be held responsible for the accident, injuries and fatality. The wrongdoer, if he or she was operating under the influence, must be held criminally and civilly responsible for the injuries and loss.

If you or someone you love has been serious injured or killed in a New York auto accident, please call an experienced and knowledgeable Manhattan personal injury attorney at Wingate, Russotti & Shapiro, LLP. for a free and comprehensive consultation. We will fight hard to protect your legal rights and secure fair compensation for your injuries and loss.

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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Jason Shein, 21, was killed in a Farmingdale head-on collision which officials say was caused by a suspected drunk driver. Persi Esquivel, 46, has been arrested on manslaughter and 11 other charges. According to a news report in Newsday, Esquivel lost control of his 2000 Ford Explorer, crossed the double yellow line and slammed his SUV head-on into Shein’s 1998 Chrysler Sebring convertible. Shein, who was home for Thanksgiving break from the University of Miami, was pronounced dead at the scene of the fatal SUV accident.

All except one of Shein’s passengers have been treated and released. One 21-year-old man remains in the hospital in serious condition. Esquivel has apparently had several priors that involve DUI, the newspaper report stated.

There is no question that this is a huge tragedy for the Shein family. We hope Esquivel is brought to justice. It is surprising that this man with his rap sheet, especially his prior DUIs, was still able to drive with a valid license in the state of New York. He was said to be on probation at the time of this fatal Farmingdale car accident. Esquivel should be held criminally and civilly responsible for his negligence and callous disregard for human life and public safety.

Families of deceased victims in the State of New York are able to recover compensation from negligent parties in an auto accident. These family members could receive compensation for funeral expenses and loss of future wages, among other losses. Families who have lost loved ones in such tragic accident where the fault is obvious, should contact a New York auto accident attorney, who has the knowledge and experience with such cases and can secure them the compensation they rightfully deserve.

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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