New York Injury Talk Blog

The teen driver involved in a car accident in Staten Island that took the lives of two friends and seriously injured three others was charged on Thursday, February 24, according to CBS News. The driver was charged with six counts, including vehicular homicide and was released into the custody of his parents on $100,000 bail.

The fatal Staten Island car crash occurred last August when the driver lost control of the vehicle. The district attorney states the driver’s blood alcohol level was nearly three times the legal limit and that the vehicle was traveling at speeds of up to 90 miles per hour. Of the three individuals injured in the crash, one is now confined to a wheelchair while another has steel rods in his leg.

Drunk driving can have horrific results, as is confirmed by the above story. According to the National Highway Traffic Safety Administration (NHTSA), there were 33, 808 fatalities reported in 2009 due to car accidents in the U.S. Of those fatalities, about 32 percent involved motorists with a blood alcohol level above .08 percent.

In this case, if it is determined the young driver acted negligent, the families of the deceased and injured individuals could hold the young driver legally responsible for all damages incurred as a result of the crash.

If you have been injured or lost a loved one due to someone else’s negligence, you deserve to know your rights. The dedicated Staten Island car accident attorneys at Wingate, Russotti & Shapiro, LLP can help you understand your options under the law and begin the healing process. With a vast network of legal resources, our lawyers will meticulously examine the details of your case and build a strong case in order to garner you the compensation you deserve. While no amount of money can reverse the clock, it can help with the cost of funeral expenses, medical bills, pain and suffering, property damage, loss of income, and other related losses. Contact Wingate, Russotti & Shapiro, LLP at 212-986-7353 to learn more about how we can help. We offer free consultations.

Starting February 16, if a motorist is caught texting or talking on their cell phone while driving in New York, it will result in a 2-point penalty on their driver’s license and a fine, according to WICZ. Offenders could face a fine of up to $100 for talking on their cell phones and $150 for texting. Additionally, if an individual is using their cell phone while driving and they cause an accident, it could lead result in a permanent mark on their record.

Distracted driving accidents in New York occur more often than some people might think. According to statistics from the National Highway Traffic Safety Administration (NHTSA), in 2009, 5,474 people were killed due to distracted drivers with 995 of those accidents involving the use of a cell phone, which is about 18 percent of fatalities in distraction-related accidents. Another 448,000 people were injured in distracted driving crashes, with about 24,000 injured in an accident caused by cell phone use.

Texting or talking on a cell phone takes a motorist’s focus away from the road and could make the risk of a New York car accident that much higher. It is the responsibility of all drivers to take proper precautions to ensure the safety of themselves and others; however, when a text or a phone call becomes more important than paying attention to the road, and an innocent person is injured or killed as result of another driver’s distraction, the negligent driver could be held legally responsible for the accident and related losses.

If you or a loved one have been injured in a car crash that was caused by a distracted driver, it would be in your best interest to contact an experienced New York auto accident attorney like those at Wingate, Russotti & Shapiro, LLP. We have the skill needed to successfully handle a wide variety of car crash injury cases and can uphold your legal rights in a court of law. Our attorneys can hold the negligent parties accountable for your accident and garner you the compensation you deserve. Damages may include coverage for medical expenses, pain and suffering, loss of income, rehabilitation, vocational training, and more. Contact Wingate, Russotti & Shapiro, LLP today at 1-212-986-7353 to schedule a free consultation.

A fatal construction accident occurred on February 8 in Gardiner, NY which took the lives of two steel workers after they fell 65 feet down an elevator shaft, according to an article in The Daily Freeman. The two men, ages 51 and 49, were installing steel and were working on expanding a church building. When asked whether or not proper safety precautions had been taken at the construction site, the business manager for the company stated that he was not there when the accident occurred and that he did not know.

The construction industry is one of the most dangerous fields of work a person can get into. The risk of injury is high due to a number of factors, including falling, electrocution, chemical exposure, and other hazards that are typical of a construction site. There are strict regulations in place to help protect against injury at construction sites; however, there are times when these regulations are not followed, which can cause workers to suffer serious injury or even death. If it is determined that negligence contributed to a worker’s injury, no matter the severity, the construction company or third party can be held legally responsible for all costs incurred as a result of the accident.

If you have sustained serious injury in a construction accident in New York, contact the aggressive New York construction accident injury attorneys at Wingate, Russotti & Shapiro, LLP. Our lawyers can help you understand your legal rights, hold negligent parties accountable for their actions, and garner you the fair and just compensation you deserve. To learn more about Wingate, Russotti & Shapiro, LLP and to schedule a free consultation, call 1-212-986-7353 today.

New York premises liability cases involve accidents in which a person is injured on another person’s property. It can be a business, residence, or public property. When an individual sustains an injury on someone else’s property, the owner of the property can be held legally responsible for all damages that resulted from their negligence.

There are several factors that can contribute to a New York premises liability injury including, but not limited to:

• Broken sidewalks
• Broken stairs
• Poorly maintained or uneven surface floors
• Poorly marked or a failure to mark elevation changes
• Slippery floors
• Uneven elevators

Even if an injury seems small at the time of an accident, if left untreated, it is possible for an injury to significantly worsen. It is always best to seek medical attention after an accident, such as a slip-and-fall, to ensure that no serious injuries occurred. Some more severe injuries that can result from a premises liability accident are:

• Broken bones
• Head/brain injuries
• Nerve damage
• Soft tissue damage
• Spinal cord injuries

It is the responsibility of all property owners to ensure that their premises are safe, whether it be a business, residence, or otherwise. When that responsibility is ignored and an innocent person is injured, the victim has the right to hold them liable with the help of a skilled New York premises liability attorney.

If you or a loved one was involved in an accident on someone else’s property because of the owner’s negligence, the dedicated personal injury attorneys at Wingate, Russotti & Shapiro, LLP can help. With years of experience successfully handling a wide array of premises liability cases, we have the necessary resources to examine the details of your case and ensure that your rights are upheld in a court of law. Call Wingate, Russotti & Shapiro, LLP at 212-986-7353 for a free and confidential consultation.

A 35-year-old lumber company employee was fatally injured when another colleague accidentally turned on the cutting machine that the man was working on, according to WHTC. The man was changing the blades of the cutting machine during early the early morning hours on Monday, February 7 in Dewitt, NY. After realizing the machine had been turned on, the man’s co-worker tried to turn it off, but could not do so before the man sustained fatal injuries.

New York work injuries can cause a heavy burden on an employee and their family. The situation can be made worse in an instant if the injuries sustained are fatal. The loss of a loved one is a difficult time for any family, but can be made substantially worse if the death could have been prevented.

According to the United States Bureau of Labor Statistics, in 2008, 4,340 work-related fatalities occurred in the nation. Twenty of those fatalities were in the wood product manufacturing industry.

If you have sustained a serious workplace injury or have lost a family member due to on-the-job negligence in New York, you deserve to know your rights. The experienced New York work injury attorneys at Wingate, Russotti & Shapiro, LLP have the knowledge and skill to help you obtain justice. While no amount of money will bring your loved one back or take back your accident, it will help to offset accident-related expenses such as medical bills, funeral costs, pain and suffering, loss of income, loss of a help, and more. To learn more about how one of our dedicated attorneys can help you, contact Wingate, Russotti & Shapiro, LLP at 212-986-7353. We offer free consultations.

New York is one of two states that have proposed new legislation that would prohibit pedestrians from using cell phones, MP3 players, and other electronics while walking or running, according to ABC News. Arkansas is also looking at a similar ban. Thirty states and the District of Columbia ban drivers from using cell phones and texting while driving and lawmakers are concerned that distracted pedestrians could be just as dangerous.

New York’s Democratic Senator has been working on the legislation since 2007, stating his concern over the abundance of pedestrians preoccupied with their electronics and not paying attention to their surroundings. Should this new law take effect, New York pedestrians would be prohibited from using electronic devices while crossing the street at a crosswalk in a city with more than one million people. Anyone found in violation of this law would be subject to a $100 civil fine.

According to the Governors Highway Safety Association, the first half of 2010 showed a slight increase in pedestrian fatalities when compared with data from 2009 during the same time period.

Both pedestrians and motorists share a responsibility when preventing New York pedestrian accidents. Even a pedestrian who is “fully aware” runs the risk of being involved in an accident with a negligent driver.

If you or a loved one has been injured in a pedestrian accident, it would be highly beneficial to consult with a New York pedestrian accident injury attorney like those at Wingate, Russotti & Shapiro, LLP. We have successfully handled a wide variety of personal injury cases and understand the laws surrounding pedestrian accidents. If a driver’s negligence played a part in your accident, they may be held responsible for all related expenses, including medical bills, pain and suffering, loss of income, rehabilitation, and other damages. To learn more about your rights and options, contact Wingate, Russotti & Shapiro, LLP today at 212-986-7353 for a free and confidential consultation.

An employee of a Brooklyn tortilla factory is dead after falling into a dough mixing machine that was waist-high recently, according to The Wall Street Journal. The article reports that company has also not carried workers’ compensation insurance since March of last year and has accumulated more than $56,000 in fines. Following the fatal workplace accident, the factory was shut down. The owner of the tortilla factory stated that the worker’s death was the first and that it was caused by human error; however, an advocacy group for workers’ rights alleges that employees had to suffer “sweatshop conditions.”

New York’s workers’ compensation laws requires that businesses carry insurance for all of their employees, either by purchasing a policy, providing their own insurance, or being legally exempt from the requirement in certain instances. Should a business fail to comply with the law, they could face heavy fines and other penalties.

When a worker is injured or killed in a New York work accident due to negligence, the employer can be held liable. It is the employer's responsibility to provide a safe working environment and to adhere to all standards and regulations according to the law.

If you have been injured in a workplace accident in New York, you deserve to know your rights. At Wingate, Russotti & Shapiro, LLP, our New York work injury lawyers are dedicated to helping you hold negligent parties responsible for their actions. While workers’ compensation covers most expenses resulting from a work injury, it may not cover all of them. Our attorneys will examine every detail of your on-the-job accident injury to build a strong case on your behalf to ensure that you are compensated fairly. You don’t have to suffer a serious injury alone. Call Wingate, Russotti & Shapiro, LLP at 212-986-7353 to schedule a free consultation.