New York Injury Talk Blog

As reported by the National Highway Traffic Safety Administration (NHTSA), Ford Motor Company is recalling certain model and model year Fords and Lincolns due to a driver side airbag defect. The recall originally began in March 2011, but an expanded population recall campaign will be implemented in early May 2011.

Approximately 1,325,000 potentially affected model year 2004-2006 F-150 Ford pick-up trucks and model year 2006 Lincoln Mark LT vehicles are being recalled due to possible driver side airbag malfunction. The wiring system could create a short circuit which may illuminate the airbag warning lamp, and/or can cause the airbag to deploy unpredictably. If the driver’s seat is occupied at the time, whether or not the car is being driven, the airbag could cause potential serious injury to the driver’s seat occupant. Possible injuries include facial bruising, broken nose, whiplash, and spinal cord damage. If the airbag inadvertently deploys while the car is in motion, it can also potentially cause a New York airbag defect accident.

New York Ford and Lincoln owners will be notified and instructed to take their car to a Ford or Lincoln/Mercury dealer for a free repair of the problem. Owners may call the Ford Motor Company Relationship Center at 1-866-436-7332 or the NHTSA Vehicle Safety Hotline at 1-888-327-4236 for further information; they may also go to http://www.safecar.gov.

Auto manufacturers to have an obligation to provide consumers with safe and efficient vehicles, however that is not always the result. If you or a loved one has been injured in a New York auto accident caused by a defective auto product, you may be able to hold the negligent party accountable for your losses. The skilled Bronx defective auto product lawyers of Wingate, Russotti and Shapiro can inform you of your legal rights and help you recover just compensation for your injuries. Call today at 1-212-222-4336 for a free consultation.

A garbage truck collided with a school bus in Campbell Hall, NY, injuring one child and the garbage truck driver, according to the Associated Press. The New York bus accident occurred close to three o’clock Tuesday afternoon, April 26, about 60 miles from New York City. An 11-year-old child suffered a cut to the head and was transported to a local hospital by helicopter as a precaution due to a pre-existing medical condition. The truck driver suffered a knee injury. Both injuries are not considered life-threatening. The cause of the accident is unknown and an investigation is ongoing.

Although the cause of the accident has not yet been determined, likely predictions may be reached by analyzing recent crash causation data. According to a data report from the New York Governor’s Traffic Safety Committee, there were a total of 9,473 motor-vehicle accidents in Orange County in 2009. The causes for the majority of these accidents include, in order of significance: 1) Driver Inattention/Distraction; 2) Following Too Closely; 3) Failure to Yield Right-of-Way; and 4) Unsafe Speed. Driver Inattention/Distraction had in fact caused the majority of all motor-vehicle accidents in Orange County from the year 2007 through 2009. Further investigation will tell if the recent New York truck accident falls within any of these trends.

New York truck accidents can cause serious injuries to drivers and passengers, especially if the collision involves a truck and a smaller vehicle. When an injury accident occurs because a driver was driving at unsafe speeds, failed to follow traffic laws and/or signals, or was distracted, they may be held responsible for any injuries their negligent actions caused.

The experienced New York truck collision attorneys at Wingate, Russotti & Shapiro have successfully handled both bus and truck accident injury cases and can give the legal guidance an injured victim needs to get the compensation they deserve. If you or a loved one has been injured in New York truck or bus accident, call us today for a free consultation at 1-212-222-4336.

New York property owners and business establishments have an obligation to provide a safe environment for visitors and other individuals. It is common for New York accident injuries to occur on another person’s property, but if the accident and resulting injury are the result of an unsafe environment, the injured victim may seek compensation by filing a New York personal injury claim against the negligent owner.

Premises liability cases in New York usually involve falling accidents caused by an improperly maintained surface or space. When floors are uneven, steps are broken, sidewalks are cracked, pathways are improperly lit, or hazardous areas are poorly labeled, it increases the potential of serious injury. Two different stairwell accidents illustrate the range of premises liability injuries: Tripping on a broken step on the way up a stairwell could cause cuts, bruising, and possible facial and hand or wrist fractures; tripping on a broken step on the way down however can cause severe cuts and lacerations, external and internal bruising, bone fractures, brain injury, and even death. Most of these injuries require medical examinations and often extensive and expensive medical treatment.

Recovering from an injury can be financially and emotionally burdensome, especially if the injury was not your fault. A negligent property owner typically does not make repairs in a timely manner or at all, does not cordon off or otherwise designate unsafe areas of the property, and does not abide by state safety regulations. Such an owner increases the risk of a personal injury accident on their New York property, and thus increases the risk of legal action against them.

If you or a loved one has been injured on the property of a negligent owner, the dedicated Bronx premises liability attorneys at Wingate, Russotti & Shapiro, LLP, can help you exercise your legal rights. We will work professionally and diligently towards recovering the compensation you deserve. Call us today at 1-877-910-2220 to speak to one of our personal injury attorneys about your potential claim.

There has been extensive debate in New York recently about its medical malpractice insurance crisis, according to The Times Union. Though some studies have shown that implementing certain safety protocols can decrease malpractice premiums, specifically in obstetrics, realists understand that a true solution to the malpractice crisis is not so simple. Many believe tort reform is essential to overcoming the malpractice crisis.

The tort system is intended to compensate and to deter, however it has not accomplished its purpose in New York, especially in obstetric liability cases. The costliest condition in obstetric liability is cerebral palsy. Although the Centers for Disease Control and Prevention (CDC), the National Institutes of Health (NIH), and general medical opinion have concluded that cerebral palsy is infrequently connected to labor, jurors often award large sums for pain and suffering in instances of slight standard of care deviations. In some areas the risk of New York birth injury litigation is so high that even obstetricians cannot get insured, even if they had never been sued before.

Real tort reform is the only way to ensure that real victims of substandard care receive the compensation they deserve. Compensation now is haphazard, with many children getting no resources regardless of the cause of their disability, and others whose disability is indeterminably linked to doctor negligence being awarded millions of dollars by juries. The children and their families who have truly suffered as the result of substandard obstetric care deserve to be fairly compensated.

If your child suffered an injury as the result of substandard or negligent medical care, the dedicated New York City medical malpractice attorneys of Wingate, Russotti & Shapiro, LLP, will investigate every aspect of your case and can advise you on the best course of legal action. Call us today at 1-212-222-4336 to find out more about getting the compensation your child deserves.

Mercedes-Benz USA announced the recall of 136,751 M-Class and M-Class AMG vehicles due to a faulty cruise control system that may not automatically disengage during braking. According to the National Highway Traffic Safety Administration (NHTSA), the recall is expected to begin during September of this year.

Mercedes-Benz will be recalling certain model year 2000-2002 M-Class and model year 2000-2004 M-class AMG vehicles because the determinedly defective cruise control system increases the risk of a New York City car crash. The cruise control system in the affected vehicles can be disengaged in the following ways:

• Tapping or pumping the brake pedal;
• Using the cruise control stalk; or
• Braking enough to reach a specific deceleration rate.

However, under certain circumstances, use of the brake pedal may not automatically deactivate the cruise control, thus maintaining a high and unsafe vehicle speed. Driving at excessive speeds for current road conditions increases the risk of a car accident, especially a rear-end collision. Although the other methods to disengage the cruise control are fully functional, a driver may not have time to try a means other than the brake before a crash. New York Mercedes-Benz M-Class vehicle owners will be able to take their car to a dealer to repair this problem free of charge; they may also contact Mercedes-Benz at 1-800-367-6372.

It is the responsibility of auto manufacturers and distributors to ensure that they are producing and selling safe, dependable vehicles. When a defective auto product or component threatens the stability of the vehicle and causes a New York injury accident, the manufacturing company and/or distributing company may be held liable for a victim’s financial and noneconomic losses.

If you or a loved one has been injured in a New York auto accident caused by an automotive defect, you may be entitled to compensation. The knowledgeable Manhattan auto product liability attorneys at Wingate, Russotti & Shapiro, LLP, can help you understand your legal rights and options. Call us today at 1-212-222-4336 for a free consultation.

A recent car crash in Queens made news as it was the second auto accident to occur at same spot in two weeks. According to The New York Times, both early morning accidents involved a Volkswagen crashing into a Long Island city storefront after losing control while navigating a sharp Queensboro Bridge off-ramp turn-off. Both drivers lost an arm in the crash, and their female passengers sustained serious head trauma and a broken ankle, respectively. They are not completely identical however, as the previous accident also took the life of a pedestrian who was walking along the sidewalk.

These very similar car accidents have raised concerns about a sharp merging point at the end of the bridge off-ramp, which opens into a high traffic intersection recently redesigned by the city. This redesign created sharper traffic angles which are more difficult to navigate, especially at high speeds. Both Volkswagens, seemingly travelling at high speeds, lost control of their cars and crashed into a guardrail before reaching the intersection and the Long Island City storefront.

It is imperative that motorists pay attention to any and all changes that affect the flow of traffic and drive accordingly. Causing an accident because a driver is used to driving faster in a redesigned area is negligence on the part of the driver, not necessarily the city. A negligent driver who causes an accident may be held liable for any injuries or deaths resulting from said accident.

If you or a loved one has been injured in a car crash caused by the negligent or reckless actions of a driver, the experienced New York City traffic accident injury attorneys of Wingate, Russotti & Shapiro can advise you on your legal rights and the best course of action for your particular case. Call today at 1-212-222-4336 for a free consultation.

Two years ago, the foreman at a Staten Island construction site was killed in a workplace accident, and, as of early this month, two contractors have been charged with criminally negligent homicide and reckless endangerment, according to The New York Post. The foreman was crushed to death by a 60-foot-tall cinderblock wall that fell onto him as a result of 60 mph winds. After a long investigation, it was determined that the wall was not built to the proper specifications, being too tall, too wide, and without adequate reinforcement. It was this negligence that caused the New York workplace accident.

All contractors have a responsibility to maintain safe working conditions for their workforce as well as for the general public. If builders do not abide by safety codes and regulations, the risk of a New York construction accident injury or death increases. If a construction worker dies as a result of contractor or builder negligence, the worker’s family may be able to file a wrongful death claim with the help of a New York wrongful death attorney and/or file with the Workers’ Compensation Board.

According to the Centers for Disease Control and Prevention (CDC), private industry construction workers have three times the fatal job injury rate of all workers nationwide. In 2009, 816 construction workers died as the result of a fatal job site injury. Construction work, with its elevated heights, heavy building materials, and complicated machinery and tools, is already dangerous enough without adding contractor negligence to the mix. If you have lost a loved one in a fatal New York construction accident due to the negligence of another, the at-fault party can be held accountable.

The reputed New York wrongful death attorneys of Wingate, Russotti & Shapiro have the necessary knowledge and skills to help you with your wrongful death claim. We have years of experience filing claims with the state Workers’ Compensation Board and will be able to provide you with compassionate guidance every step of the way. Contact us for a free consultation at 1-212-222-4336.

The New York Fire Department (FDNY) began the Modified Response pilot program in Queens in October of 2010 in an effort to decrease traffic accidents and increase safety for civilians and firefighters and other emergency personnel. According to Westport-News.com, fire truck-related Queens traffic accidents decreased by 32 percent as a result of this program. This favorable news prompted the New York Fire Commissioner to announce the expansion of the Modified Response program to include Brooklyn and Staten Island.

The Modified Response program limits the number of fire vehicle responses using lights and sirens for fire and life-threatening emergencies. Non-fire and non-life threatening emergencies are to abide by all traffic laws, drive at a reduced speed, and never use lights and sirens. If additional information or a change in the emergency situation requires it, a fire officer may instruct vehicles to respond speedily, with lights and sirens.

Emergency vehicle-related New York auto accidents are dangerous, not only for pedestrians, motorists, and emergency personnel, but for the people who called for emergency services in the first place. Injuries and fatalities can result from negligent drivers who do not pay attention to current road conditions or obey right-of-way laws. Victims of such injuries can contact a New York auto accident injury lawyer to understand their legal options.

The experienced New York car crash attorneys of Wingate, Russotti, & Shapiro, LLP, are dedicated to working with car crash victims and their families to ensure maximum compensation for their injuries. Call today for a free consultation at 1-212-222-4336.