New York Injury Talk Blog

Since November, in New York State, there has been a secondary law in effect banning texting while driving. What this means is that police can only enforce this law when pulling you over for some other violation. A new law will now allow police officers to pull over drivers just for texting while driving. Currently, only New York State and Washington State have similar laws where texting while driving is a secondary offense.

This comes on the heels of various reports that show texting while driving is in fact negligent driving and can lead to serious personal injury or death. The Virginia Tech Transportation Institute (VTTI) reported that you increase your chances of being in an accident by 23 percent when you text. The number of fatalities from these crashes seems to be on the rise. It was only a few years ago that almost no one was texting and now 16 percent of all fatal accidents are caused by texting drivers.

Continue reading "Tougher Texting While Driving Laws Proposed in New York" »

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Posted In: Automobile Accidents , Law & Information , Personal Injury

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If you have suffered injury or harm as a result of someone else's negligence, it is critical that you act quickly to protect your legal rights. It is important that you consult with a attorney before you make statements to an insurance adjuster or another attorney, which can be misconstrued, misinterpreted or can be used against you to reduce the value of your claim. Experienced personal injury attorneys in New York who devote their work to injury investigations understand aggressive insurance company tactics and strategies. They know how to deal with these insurance companies, whose sole purpose is typically to pay you as little money as they can.

You would be well-advised to retain an attorney as soon as possible, so he or she can get down to collecting evidence and commencing an investigation into your case as soon as possible. The longer the delays, the tougher it becomes to collect evidence that may be crucial to your case. In an auto accident, for example, it is important to preserve the crashed vehicle. An attorney will be able get the necessary court orders to preserve important evidence. For example, if a vehicle is lost in an accident case where an auto product defect is suspected, then the victim may never be able to prove that the accident occurred as the result of a defective auto.

Continue reading "Why Should You Contact a New York Personal Injury Lawyer?" »

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Posted In: Law & Information , Personal Injury

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A Jackson Heights worker was killed in a New York construction accident after he fell from scaffolding while working on an elevator shaft in a Manhattan building. The New York Post reports that the 51-year-old worker was inside an elevator shaft on the third floor of a construction site at 603 W. 129th St. when he fell from scaffolding to the bottom of the shaft. The man was transported to a local hospital where he died.

This man's death was apparently the first fatal New York City construction accident in 2010. Last year, the city's Department of Buildings reported an 84 percent drop in construction accident fatalities from 19 in 2008 to three in 2009. However, the total number of reported construction accidents rose from 151 in 2008 to 224 in 2009 and the total number of reported injuries rose from 178 in 2008 to 246 in 2009. Officials say the increase in the number of incidents can be attributed to better accident reporting by construction companies.

Falls from scaffolding are the most common types of fatal accidents, which occur at New York construction sites. According to the Occupational Safety and Health Administration (OSHA), a number of scaffolding accidents occur because scaffolds are not constructed per manufacturer's guidelines or companies fail to install proper fall protection systems such as guardrails.

Continue reading "New York Construction Accident Kills Worker" »

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Posted In: Construction Accident , Law & Information , Personal Injury , Workers Compensation , Workplace Injuries , Wrongful Death

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A 33-year-old woman was killed in a New York truck accident, which police say was caused by an exhausted driver who was watching a pornographic film on his laptop while driving. According to a WKBW news report, the woman's vehicle was stalled on the Interstate 90 after her car struck deer. Her stalled vehicle was then hit by the truck driver. New York State Police say the driver was operating the tractor-trailer while keeping false log books and was actually operating the vehicle with very little sleep. He also had a computer on his lap that was streaming porn while he was operating the truck at the time of the fatal collision.

In this case, police say the driver was in violation of a federal transportation law, which allows 10 hours of driving within a 15-hour on-duty period after eight hours of off-duty time. The law also prohibits commercial truck drivers from driving after their 15th hour on duty in a workday or after 60 hours on-duty in seven consecutive days or 70 hours on-duty in eight consecutive days. In this particular case, the driver was also distracted by a movie he was allegedly watching on his laptop. He has been charged with second degree manslaughter in connection with this fatal auto accident.

Continue reading "Fatal NY Truck Accident Caused by Tired Trucker Distracted by Laptop" »

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Posted In: Automobile Accidents , Law & Information , Personal Injury , Truck Accidents , Wrongful Death

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According to a recent report in the New York Post, construction site accident fatalities in NY have dropped by 84 percent compared to last year. The report states that this marked improvement is the result of tougher safety standards imposed by New York City officials. The reduction in construction site fatalities has also been attributed to a slowdown in construction activity due to the economic recession. In 2009, three fatal construction accident deaths were reported compared to 2008 when there were 19 construction site fatalities, including two devastating crane accidents in Manhattan.

These serious construction accidents prompted a thorough review of the city's construction safety standards. The new regulations also gave the city's Building Department more teeth and expanded enforcement powers. The new standards require more extensive training for construction workers as well. City officials say their goal has been to change the culture of the construction industry and basically teach them to "put public safety ahead of profit."

Continue reading "New York City Construction Accident Deaths Decline" »

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Posted In: Construction Accident , Law & Information , Personal Injury , Workers Compensation , Workplace Injuries , Wrongful Death

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With consumer confidence certainly waning in the auto sector over the last couple of months, Toyota has issued yet another recall, this time due to an anti-lock braking system (ABS) software glitch. Toyota announced the voluntary recall on February 9, 2010 for several vehicle models, including the popular 2010 Prius. The complete list of recalled Toyota vehicles includes the following:

• 2004-2010 Prius


• 2005-2010 Avalon


• 2005-2010 Tacoma


• 2007-2010 Tundra


• 2007-2010 Camry


• 2008-2010 Highlander


• 2008-2010 Sequoia


• 2009-2010 RAV4


• 2009-2010 Matrix


• 2009-2010 Venza


• 2009-2010 Corolla


• 2010 Lexus HS 250h

With this recent recall for Toyota defective brakes, 133,000 Prius vehicles and 14,550 Lexus HS 250h vehicles will be affected. Anti-lock brake systems (ABS) are utilized in motor vehicles to maintain tire traction while driving over rough or slick road conditions. However, the software responsible for controlling ABS has proven unreliable, and Toyota owners may find themselves experiencing inconsistent braking while operating the aforementioned affected vehicles. Inconsistent braking could potentially lead to loss of vehicle control, which could further result in a motor vehicle accident and serious injuries. More information regarding these recalls may be obtained at www.toyota.com/recall, or by calling the Toyota Customer Experience Center at 1-800-331-4331, or the Lexus Customer Assistance Center at 1-800-255-3987.

Continue reading "Toyota Announces Official Recall Due to Brake Defects" »

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

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Starting February 22, 2010, New York State is making some changes to its licensing laws. According to a news report in the Pall Times, the state is stepping up the standards for young drivers to get their driver's licenses. This comes after more than five years of statistical evidence that young drivers, specifically teens, are at greater risk of dying in car accidents than any other age group.

The new law allows only one non-family passenger under the age of 21 to be present in a vehicle operated by a junior license holder when he or she is not accompanied by a parent or guardian. Recent studies have shown that the presence of teen passengers in a vehicle driven by a teenager increases the chances of a car accident. Also, the new law requires that a junior permit must be held for six months before a license can be issued. This new approach should help give the driver more time to gain experience and much-needed practice behind the wheel. Also, the supervised driving requirement before the road test will increase from 20 to 50 hours.

Continue reading "NY Makes Changes to Licensing Laws" »

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Posted In: Automobile Accidents , Law & Information , Personal Injury

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A 67-year-old woman was killed in a New York car accident after being struck by the suspected drunk driver. According to the New York Daily News, the driver, a 22-year veteran of the NYPD as well as a high-profile detective, has been charged with DWI, vehicular homicide and criminally negligent homicide in this fatal injury accident.

The elderly pedestrian had been pushing a shopping cart filled with recyclable cans and bottles when a 2009 Chevrolet Malibu hit her. Witnesses said the impact from the collision threw the victim in the air causing her to land 20 to 30 feet away. The off-duty policeman apparently was so impaired that he did not realize he had struck a woman. The driver has been since released on a $100,000 bond, as an investigation is pending.

Article 31 of the New York State Vehicle & Traffic Law concerns alcohol and drug-related offenses. Section 1192 Driving while intoxicated; per se states: "No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section 1194 of this article."

Continue reading "Fatal DWI Car Accident, NYPD Detective Charged" »

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Posted In: Automobile Accidents , Drunk Driving Accident , Law & Information , Pedestrain Accidents , Personal Injury , Wrongful Death

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In a move to combat the growing number of serious injury accidents on New York state roadways, legislators have enacted a new law, which makes it illegal to text and drive at the same time. This law also prohibits the use of portable and mobile handheld devices for reading, typing and sending text messages while driving. Talking on a hand held cell or mobile phone is of course, already against the law. Anyone, in violation of the new law will face fines of up to $150.

This is definitely a crucial step in reducing the effects of distracted driving – a problem that is growing rapidly with the ready availability of low cost communication devices. A study by the National Highway Traffic Safety Administration (NHTSA) looked into the effects of driver distraction with respect to both behavioral and vehicle safety countermeasures. In their report released this year, they estimate 5,870 people lost their lives and another 515,000 people were injured in 2008 in police-reported crashes in which at least one form of driver distraction was reported on the crash. Also, according to data from the Fatality Analysis Reporting System (FARS) for that same period, driver distraction was reported to have been involved in 16 percent of all fatal crashes in 2008.

Continue reading "New York Texting While Driving Ban Goes Into Effect" »

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Posted In: Automobile Accidents , Law & Information , Personal Injury , Wrongful Death

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The number of New York City construction accidents has increased, but there have been fewer fatalities as a result of construction site accidents this year. According to a news report in the Insurance Journal, the number of reported construction accidents in New York increased by more than 40 percent compared to the same period in 2008. Reported injuries increased by more than 30 percent during that time. A majority of the injuries were a result of falls in construction sites. The number of deaths, however, decreased considerably. The number of construction accident deaths in 2008 was 19 and 12 in 2007. This year, there were only two through the month of June. City officials say the reduction in fatalities is due to an increased awareness of construction safety and better reporting of incidents.

In spite of strict safety standards, construction workers are always at risk when they are on the job. New York State does not allow employees to sue their employers for on the job accidents. However, contractors, sub-contractors, architects, manufacturers of defective products or property owners may be held liable for injuries or wrongful deaths that take place during construction work.

Continue reading "New York City Construction Site Accidents Increase, Deaths Down" »

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Posted In: Construction Accident , Law & Information , Personal Injury , Workers Compensation , Workplace Injuries , Wrongful Death

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A pedestrian was killed in what was an apparent hit-and-run car accident in Eisenhower Park in East Meadow. The man was in his 20s and was found partially in the roadway. He was pronounced dead at a local hospital. Police said the man must have been struck by a vehicle that left the scene. Anyone who saw the accident or knows the identity of the victim or the driver is asked to call 800-244-TIPS.

It is illegal in New York to leave the scene of an accident, especially when the accident has resulted in personal injury. The law states: "Any person operating a motor vehicle who, knowing or having cause to know that personal injury has been caused to another person, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the said personal injury occurred, stop, exhibit his or her license and insurance identification card for such vehicle…and give his or her name, residence, including street and street number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy and license number, to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then, he or she shall report said incident as soon as physically able to the nearest police station or judicial officer."

Continue reading "New York Fatal Hit-and-Run Pedestrian Accident" »

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Posted In: Automobile Accidents , Law & Information , Pedestrain Accidents , Personal Injury , Wrongful Death

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Fatal auto accidents dramatically rose in New York City in 2008, according to Department of Transportation statistics released recently. According to a news report in the New York Post, one person died every 30 hours in New York City as a result of fatal traffic accidents. New York City crashes killed 292 pedestrians, drivers, passengers, bicyclists and motorcyclist in 2008. That's 18 people more than in 2007. While most cities around the country saw a drop in traffic accident deaths, the trend went the opposite way in New York City.

Experts say that so many lives do not have to be lost and that auto accidents are entirely preventable with sound engineering and better enforcement.

Most of the fatal traffic accidents occurred at major intersections including Webster Avenue and Fordham Road in the Bronx (14 pedestrian injuries); Atlantic Avenue and Eastern Parkway in Brooklyn (43 auto accidents); Houston Street and Lexington Avenue at 34th Street (five bicycle accidents). Overall, pedestrian fatalities last year jumped to 147, seven more than in 2007.

Continue reading "Auto Accident Fatalities Increase in New York City" »

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Posted In: Automobile Accidents , Law & Information , Pedestrain Accidents , Personal Injury , Wrongful Death

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Crime reports show drunk driving arrests among women are rapidly rising in the United States while DUI arrests among men are falling, according to a news report. A fatal New York car accident caused by an intoxicated female driver, which killed eight people including four children, has drawn attention to this issue in the last month. Experts say more and more women are driving drunk and here's the disturbing part – they're doing it with their children in the vehicles. According to FBI crime reports, the number of women arrested while driving under the influence of alcohol or drugs was 28.8 percent higher in 2007 than it was 10 years earlier.

Drunk driving is a serious offense in New York and other states. In most states it is illegal to drive with a blood alcohol content (BAC) of 0.08 percent or more. A new study by the National Highway Traffic Safety Administration (NHTSA) also confirmed the FBI statistics. That study shows about 2,000 traffic accident deaths a year involve an intoxicated female driver.

Continue reading "More DUI Car Accidents Caused by Women" »

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Posted In: Automobile Accidents , Drunk Driving Accident , Law & Information , Personal Injury

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Six companies have recalled about 4.2 million roll-up blinds and 600,000 Roman shades for a strangulation hazard that has reportedly resulted in the death of four young children and the near-strangulation of seven other children. According to a news report in The Baltimore Sun, the blinds and shades were sold at retailers nationwide including Target, Pottery Barn and IKEA. The defective product recall has been issued by the six firms in collaboration with the U.S. Consumer Product Safety Commission (CPSC). The problem with these blinds was exposed cords and loops, which caused children to get accidentally strangled or nearly strangled.

Thousands of people in the United States die each year as a result of defective products that are sold on the market. Some of these products are sold despite the product manufacturer's knowledge of their dangers and risks. What's worse is that consumers are not warned about these risks and dangers. In cases where innocent consumers are seriously injured or killed as a result of dangerous or defective products, the product manufacturers must be held liable.

Continue reading "Defective Blinds and Shades Pose Strangulation Hazard" »

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Posted In: Law & Information , Personal Injury , Product Liability & Recalls , Product Recalls , Wrongful Death

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New York State lawmakers have officially passed a law that bans texting while driving across the state. According to a WKTV news report, texting while driving was banned in some counties, but now texting while driving is illegal across the entire state. Those who break the law face a $150 fine. However, some worry about a catch with the new law, which is considered a "secondary offense." This means that a driver can only get a ticket for texting and driving if they are pulled over for breaking another law.

Despite this loophole, the ban on texting while driving has been a long time coming in New York State. While driving while using a hand-held cell phone has been proven to be dangerous, the chance of getting into an accident is much more while texting and driving because the driver loses use of both hands. Your hands are not on the wheel and your attention is hardly on the road when you are texting and driving!

If you have been seriously injured by a distracted or negligent driver, you may be entitled to seek compensation to cover medical expenses, cost of hospitalization, loss of earnings, cost of long-term care and other related expenses. If a death occurs as a result of such an auto accident in New York caused by a distracted driver, the family of the deceased auto accident victim may even be able to file a wrongful death lawsuit. In cases where the texting driver was on the job or communicating with his or her employer, the employer may also be held liable for injuries in addition to the negligent driver.

Continue reading "Texting Ban Takes Effect in New York State" »

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Posted In: Automobile Accidents , Law & Information , Personal Injury

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The Occupational Safety and Health Administration (OSHA) has fined a Long Island concrete contractor $72,000 for repeated safety violations after a worker was injured in a construction accident, the Associated Press reports. Federal safety officials say the worker suffered non-life-threatening injuries in March when he fell 10 feet from the 34th floor to the 33rd floor of a midtown Manhattan building. Agency officials said the worker had dislodged the unsecured cover of a floor hold and that the contractor failed to put sufficient fall protections in place. Officials also say the company did not train workers to recognize or deal with such hazards at construction sites. The contractor has 15 days to pay the fine or appeal it.

This worker was very lucky that he did not plunge to his death as a result of this fall. A number of construction site accidents, especially falls, occur in New York and other cities because contractors do not follow state and federal safety standards that are mandated by law. New York State law prohibits employees from suing their employers for on-the-job accidents. However, third parties, such as contactors, sub-contractors, architects, manufacturers and property owners may be held liable for injuries or wrongful deaths that take place at a construction site.

Continue reading "Contractor Fined in New York City Construction Accident" »

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Posted In: Construction Accident , Law & Information , Personal Injury , Workers Compensation , Workplace Injuries

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New York auto accident attorneys know that texting while driving is a dangerous activity responsible for hundreds of New York car accidents. Distracted drivers can cause accidents resulting in serious personal injury or even death. New York State's texting-while-driving ban is "not serious," observers and experts say. Why? According to this new column, a proposed law heading for the Governor's desk states that if a police officer sees a driver texting, he can't turn on the red lights and siren.

The anti-texting law approved recently by the New York state Legislature bans texting while driving, but it only makes it a secondary law. What that means is you can be cited for texting if you are pulled over for something else or if it turns up as part of an investigation into an auto accident. Recent research from Virginia Tech demonstrates the dangers of texting while driving. The study states that an accident is 23 times more likely to happen if the driver is sending a text message that if he's got his eyes on the road and both hands firmly on the wheel.

Continue reading "New York's Texting Ban Not Serious, Experts Say" »

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Posted In: Law & Information , Personal Injury

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