New York Injury Talk Blog

A man was reportedly injured in a New York construction accident after a concrete ramp in a parking garage collapsed as he operated a compact construction vehicle. According to this Associated Press news report, the 47-year-old man was driving a payloader in the downtown building when the ramp gave way and fell one floor to the street level. Emergency workers apparently had to shore up the collapsed area before the worker could be pulled from the vehicle. The worker was treated for severe neck injuries, but they were not life-threatening, the news report said. The on-the-job accident is being investigated by the U.S. Occupational Safety and Health Administration.

This worker was lucky to escape catastrophic injury in this construction accident in New York; however, many others are not as fortunate. No matter how stringent construction safety standards are, construction workers are at risk every day they are on the job. New York state law prohibits employees from suing their employers for on the job accidents. Contractors, architects, manufacturers and property owners may also be held liable for injuries or wrongful deaths that take place at a construction site.

Continue reading "New York Construction Accident Injures Man" »

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Posted In: Construction Accident , Personal Injury

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Eight people, including two New York Police Department officers, were injured after a police patrol car struck another vehicle and several pedestrians the afternoon of June 30, 2009. According to this CBS News report, the car accident in New York occurred on East 5th Street and Avenue D when the patrol car traveling at a high rate of speed on Avenue D crashed into a white sedan turning on to East 5th Street.

At this point, it is not clear which vehicle was at fault for the collision. After the police cruiser slammed into the sedan, it spun onto the sidewalk and struck several pedestrians. Two officers, three people from the other car and three pedestrians were taken to an area hospital. Five of the injured victims are said to be in serious condition.

In cases where governmental agencies are found responsible for causing an auto accident or pedestrian accident in NY, injured victims may be entitled to seek compensation for their injuries and loss. In this case, it would also be important to find out whether the police officers were responding to a call or had their lights and sirens on at the time to warn other motorists. If the police officer driving the cruiser is found to be at fault, the injured victims may be able to file a claim against the New York Police Department. Filing a claim against a government agency must be done as soon as possible. In New York City, such a claim must be filed within 90 days of an incident.

Continue reading "New York City Auto Accident Injures Eight" »

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Automobile Accidents , Pedestrain Accidents , Personal Injury

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Fifteen people suffered injuries in a Staten Island ferry accident when the boat slammed into the dock, ABC News reports in a story. The ferry apparently had a "hard docking" when it lost power and struck the St. George's Pier. Officials say preliminary investigations show that the ferry had an electrical transformer malfunction. There were between 700 and 800 people on board the ferry at the time of the crash.

All 15 injured victims were taken to the hospital, but no one suffered major injuries, according to the news report. Ferry crew members are undergoing alcohol and drug tests, which is routine procedure. In 2003, a Staten Island ferry carrying about 1,500 slammed into the Staten Island pier killing 11 people. In that case, an investigation determined that the ferry pilot had been taking painkillers and was suffering from extreme fatigue.

It is indeed fortunate that no one was seriously injured in this New York City ferry crash. Ferries are used in many states across the country to transport both people and vehicles. Ferry accidents, as we saw in the 2003 accident, can cause devastating NY personal injuries including spinal injuries, fractures, head injuries and even death. Accident-related expenses could easily amount to hundreds of thousands of dollars.

Continue reading "Staten Island Ferry Crash Injures 15" »

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Posted In: Ferry Accident

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General Motors Corp. has agreed to take responsibility for future auto product liability claims, removing what may have been a huge obstacle on auto maker's path to a quick sale of its assets and emergence from Chapter 11 bankruptcy as a "new company."

According to an Associated Press article, GM has wished to walk away from liabilities such as defective product lawsuits. But after a significant opposition from consumer groups, attorneys and state officials, GM has said the new company will assume responsibility for future claims involving defective vehicles sold by the old company.

The fact that the "new GM" will protect consumers who were seriously injured by defective "old GM" vehicles is a positive development and a victory for consumers. But GM's concession still does not help those who have been hurt by GM vehicles. Consumers who have been hurt by Chrysler have little or no recourse in product liability cases in New York and throughout the U.S.

Continue reading "GM to Assume Responsibility for Future Product Liability Claims" »

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

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

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Six New York City residents suffered injuries in a car accident after their Subaru was rear-ended by another car on Route 80 as they were trying to pull over to the shoulder to fix a malfunctioning windshield wiper.

According to this news report, the Subaru Forrester was traveling west on the highway's express lanes in Totowa when the driver tried to pull over. The SUV was rear-ended by a BMW sports utility vehicle. The Subaru's passengers suffered rib injuries and head injuries, the news report stated.

In any traffic accident in New York or New Jersey, if the other party is determined to have been reckless or negligence, you as the injury victim can seek compensation to cover medical expenses, lost wages, cost of hospitalization, long-term care and other related damages.

Continue reading "Six New York Residents Injured in Auto Accident" »

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Automobile Accidents , Personal Injury , SUV & Van Rollovers

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As a partner and trial lawyer at the New York Personal Injury Law Firm of Wingate, Russotti & Shapiro, William P. Hepner was a recent guest on CBS news discussing products liability concerns regarding re-sale of items, specifically yard sales. The CBS video refers to a new law made to protect consumers so that they do not purchase any items that have been previously recalled. In his contribution to the report, William P. Hepner explains that if a recalled or defective product is re-sold to an innocent buyer, whether at a yard sale or by other means, and that consumer is injured or even killed, the individual responsible for selling the item can be held accountable for damages in a lawsuit.

Does this mean that if you’re having a yard sale, you need to check every single item to see if it has been recalled before you put it out for sale on your lawn? Even though it may take some time and careful attention, the answer if you want to prevent injuring another person and being sued is, “Yes.”

Continue reading "William P. Hepner Discusses Products Liability at Yard Sales on CBS News" »

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Posted In: Personal Injury , Product Liability & Recalls , Product Recalls , William P. Hepner , Wrongful Death

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Three workers died in a New York City on-the-job accident at a waste transfer plant after being overcome by hydrogen sulfide fumes, the Engineering News-Record reports in an account. The men apparently suffered fatal injuries while trying to escape an 18-foot-deep hole filled with three feet of water at the Regal Recycling Plant Co., which is a private water transfer plant in Jamaica, Queens.

Among the victims were a father and son who were apparently trying to clean out a backup in the hole. The son lost his balance and fell in when the dad went in after him. The father and another worker who went in the well were overcome by the deadly gas. According to Occupational Safety and Health Administration (OSHA) records, Regal's recent violations included improper floor and wall openings and inadequate respiratory protection for workers. Regal was ordered to pay thousands of dollars in fines for these serious safety violations.

Every year, thousands of workers are killed or seriously injured on the job in New York. This happens in spite of state and federal regulations as well as industry standards that require employers to implement a wide variety of safety measures. New York workers compensation laws are designed to make sure that employees who are injured (or in this case families of deceased workers) receive fair compensation for their loss. However, workers compensation is usually not enough to fully compensate injured workers or their families for all damages sustained in a work-related accident.

Continue reading "Queens On-the-Job Accident Kills Three Workers" »

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Personal Injury , Workers Compensation , Workplace Injuries , Wrongful Death

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Auto accidents constitute one of the leading causes of traumatic brain injuries in the United States. What is traumatic brain injury (TBI)? Basically, it is damage to the brain caused by a blow to the head. Coping with the life-changing consequences of a traumatic brain injury presents a great challenge not only for injury victims and their families, but also to doctors, therapists and society at large.

According to the U.S. Centers for Disease Control and Prevention, about 1.4 million people suffer traumatic brain injuries each year in the United States and about 50,000 people die from the injury. The cost of traumatic brain injuries in the United States is estimated at $48.3 billion annually: $31.7 billion in hospitalization costs and another $16.6 billion in costs associated with fatalities.

The CDC also estimates the total cost of acute care and rehabilitation for traumatic brain injury victims in the United States is $9 billion to $10 billion per year, not including indirect costs to families and society in lost earnings, work time, productivity for family members and caregivers, employers or the costs associated with providing social services. Over a lifetime, brain injury care can cost between $600,000 and $1.8 million for a survivor of severe traumatic brain injury.

Continue reading "Traumatic Brain Injuries Can be Costly, Emotional" »

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Automobile Accidents , Brain Injuries , Personal Injury

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A 25-year-old New York woman was killed in a motorcycle accident after her motorcycle hit the back of a box truck in on the Interstate 95 in Greenwich. According to this news report in the Stamford Advocate, the woman fell off her Kawasaki Ninja motorcycle after striking the truck as she tried to move from the left to the center lanes. After falling off her bike, the woman was struck by another motorcycle and a car, the news report stated. She was pronounced dead at the scene. No one else was injured.

According to the National Highway Traffic Safety Administration (NHTSA), there are about 4 million registered motorcycles in the United States. Motorcycles are gaining popularity with Americans because of their low initial cost and good fuel efficiency. Motorcycle accident fatalities represent 5 percent of all highway fatalities each year, but motorcycles represent only 2 percent of all registered vehicles in the United States.

One of the main reasons motorcyclists are killed in motorcycle accidents in New York and throughout the United States is because the motorcycle itself provides no protection in a crash. For example, about 80 percent of reported motorcycle accidents result in injury or death. Only 20 percent of other auto accidents result in injury or death.

Continue reading "Motorcycle Accident Kills New York Woman" »

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

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

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Bridgestone/Firestone is recalling about 127,000 Firestone FR 280 tires because the continued use of these tires may lead to vibration and groove cracking, which could result in tread distortion or tread separation causing the driver to lose control of the vehicle and crash. According to this news report, the recalled tires, size P235/75R15, were manufactured September 9, 2007 through July 2, 2008. The company will notify owners and replace the defective tires free of charge.

Defective tires in New York and throughout the United States can cause devastating auto accidents that result in catastrophic injuries and death. When there is a tire tread separation or tire blowout, it is near impossible even for an experienced driver to take control of the vehicle. Tire blowouts could result in rollover accidents. According to the National Highway Traffic Safety Administration (NHTSA), rollover accidents account for 25 percent of all fatal auto accidents each year in the United States.

In cases where victims suffer injuries as a result of a defective auto product, the product manufacturer can be held liable. Injured victims may be able to seek compensation for medical expenses, loss of wages and other related damages. If you have lost a loved one as a result of a defective auto product, you could file a wrongful death claim, which compensates for families of deceased auto accident victims. Such compensation could cover medical or funeral expenses, loss of earnings and other related damages.

Continue reading "Defective Firestone Tires Recalled" »

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Auto Product Liability

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A dangerously or defectively designed or maintained roadway can result in serious auto accidents in New York causing significant injuries or even death. A new study by the Pacific Institute for Research and Evaluation shows that more than half of the highway auto accident fatalities in the United States are related to dangerous or deficient roadway conditions.

According to this news report, dangerous roadway conditions is a substantially more lethal factor than drunk driving accidents, speeding or even lack of using seatbelts. Ten roadway-related car crashes occur every minute and also contribute to 38 percent of non-fatal injuries.

There is no question that making our roadways safer is necessary to reduce highway fatalities and related costs. Safer drivers and safer cars remain important factors. However, if we place a strong focus on improving road safety conditions as we do in urging people not to drink and drive, we would save thousands of lives and billions of dollars each year. According to this study, New York ranks fifth among the top 10 states that spend the most money in crashes involving deficient roadways.

Continue reading "Dangerous Roadways Cause More Highway Fatalities than Drunk Drivers, Study Finds" »

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Automobile Accidents , Drunk Driving Accident , Personal Injury , Wrongful Death

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