New York Injury Talk Blog

The rate of unintentional or accidental injuries suffered by the State of New York State residents has stayed relatively stable for the past decade, according to statistics gathered by the state’s Department of Health. The rates of deaths, hospitalizations, and emergency room visits for accidental injuries have not changed much since the early 2000s.

In 2006, the last year for which the Department of Health has released data, 4,413 New Yorkers died of an accidental injury. Another 132,895 required a hospital stay of at least one night, and 1,344,677 were seen in emergency rooms but not admitted for an overnight hospital stay. These numbers do not include people who suffered injuries inflicted intentionally, such as those involved in fights.

Although the population of New York State has grown over the past ten years, the rate of accidental injuries has stayed relatively the same. For instance, in 2002, the rate of deaths from accidents was 22.5 people per 100,000; in 2006, the rate was 22.9 people per 100,000. The rate of hospitalizations in 2002 was 612.4 people per 100,000; it increased slightly by 2006, to 688.4 people per 100,000. Statistics on emergency department visits for accidental injuries were not kept until 2005, but they have also held steady at about 6,900 visits per 100,000 New Yorkers.

Accidents can occur almost anywhere, and some of them can cause serious or even fatal injuries. At Wingate, Russotti, Shapiro, & Halperin, P.C., our experienced New York personal injury attorneys are dedicated to helping injured people and their families. To learn more about how we can help you, call us today at (212) 222-4336 for a free consultation.

Civil juries in the Bronx awarded a total of more than $80 million in damages to plaintiffs in cases heard throughout 2011, according to a recent article in The New York Daily News. These cases included one $18 million verdict for a worker who suffered severe burns in a Bronx workplace accident.

About 20,000 lawsuits were filed in courts in the Bronx last year. The most common claims involved construction accidents, wrongful death cases, and medical malpractice claims. People injured in car accidents also filed many cases. Juries were more likely to rule in favor of injured people and their families in these types of cases - and to provide generous damages awards - than they were in many other types of personal injury cases.

Burn injuries topped the list of large verdicts, though other serious workplace accidents that left workers permanently disabled also won over juries. One medical malpractice case in which a doctor failed to diagnose appendicitis also netted a large verdict. Many of the injured plaintiffs felt relief at the results, realizing that they now had the resources they needed to move forward with their lives.

Accidents of any kind can be terrifying. When an accident causes serious injuries or death, more than one life is changed forever. At Wingate, Russotti, Shapiro & Halperin, LLP, our experienced Bronx personal injury attorneys are dedicated to helping injury victims and their loved ones seek the compensation they need after a life-changing event. To learn more about your legal rights and options after an injury, call us today at (212) 222-4336 for a free and confidential consultation.

Demonstrations across the nation were held in honor of the two month anniversary of the Occupy Wall Street protest, but it was at the birthplace of the movement where ten protesters and seven police officers suffered injuries during a clash between the two sides. Clashes between police and protesters occurred around the city as groups clogged intersections and attempted to block traffic, leading to injuries and multiple arrests.

Among the injuries, one police officer was left bleeding from a thrown piece of glass and another was doused in the eyes with vinegar, and multiple protesters were injured in scuffles with the police as officers attempted to clear them out of various areas. In the two months since the Occupy movement began, protests have sprung up across the nation with varying degrees of civil disobedience, arrests, and violence.

Since police and city officials have begun taking more measures against the Occupy movement in New York, violence has begun to increase in the peaceful protests.

Large scale protests, such as Occupy Wall Street, can result in varying degrees of reckless and negligent behavior in those involved. While many choose to peacefully protest, there are other members who act with disregard to the welfare of those around them.

Occupy Wall Street and its fellow protests around the U.S. have sparked large amounts of news coverage and attention to its subject; however, participants should remember the importance of safety, both for themselves and for those around them.

Negligent and reckless actions of others can cause serious and even deadly accident injuries for innocent victims. If you or a loved one has been injured by a negligent party in New York, the New York personal injury attorneys of Wingate, Russotti & Shapiro can help you receive the compensation you deserve. Call us today at (212) 222-4336 for a consultation on your case today.

The most frightening part of a hurricane may be when it makes landfall and passes through a populated area but, as stressed by the U.S. Consumer Product Safety Commission (CPSC) and U.S. Fire Administration (USFA), serious dangers linger in a storm’s wake even after it’s gone. Following Hurricane Irene, which wreaked havoc and destruction on the Northeast, the two agencies released the following tips to stay safe:

• Never operate portable generators, charcoal grills, or camp stoves indoors (inside a home, basement, shed, garage, etc) regardless of whether doors or windows are open. They emit potentially lethal levels of carbon monoxide. Use these items outside and far away from vents, doors, and windows.
• Install carbon monoxide alarms inside all sleeping areas and on every level of a home to guard against poisoning. Change the batteries in the alarms annually.
• Always avoid any downed wires, as they may be charged with dangerous electrical current.
• Do not use any electrical components or equipment that have gotten wet, including circuit breakers; they must be replaced or tested by a qualified electrician.
• Make sure any electrical cables you use with any appliances are free of damage and suitable for outdoor use.
• Never handle or operate electrical appliances if you’re standing in water.
• Replace propane and natural gas valves that have been under water, and check for leaky connections by smelling and listening. If you suspect a gas leak, immediately evacuate your house. Before turning the gas back on, have the system evaluated by a professional.
• Never strike a match in areas where gas may have leaked.
• Use candles with extreme caution and never leave them unattended or near any flammable items. Use flashlights or battery operated light sources instead whenever possible.

If you’ve been injured due to another’s negligent actions following a storm or power outage, or due to defective emergency equipment, contact the New York personal injury lawyers at Wingate, Rusotti & Shapiro, LLP at 1-212-986-7353 for a complimentary consultation. We may be able to help.

The New York Times recently published a report about an ongoing investigation they have been conducting on several state institutions in New York that care for the developmentally disabled—people affected by conditions such as cerebral palsy, autism, and Down syndrome. The investigation reveals numerous cases where institutions knowingly hired unqualified employees, ignored complaints by concerned workers, and failed to examine allegations of abuse and neglect. There are nine of these types of institutions in New York and since 2005, seven of them have failed inspections by the State Health Department and one was closed down entirely. As a result of the Times investigation, Gov. Andrew M. Cuomo demanded the resignation of the commissioner of the Office for People With Developmental Disabilities, the administration that runs the institutions.

In a particularly heart-breaking story, a 13-year-old autistic boy was crushed and suffocated in the back of a van while being improperly restrained by an employee of one of the institutions. The employee had a previous criminal record and been working for 15 straight days without a day off when the incident occurred. The driver of the van, who did nothing to help the boy, had been fired from four different care facilities before being hired at this particular institution. The employee was later convicted of manslaughter and the driver pleaded guilty to criminally negligent homicide.

The families of disabled individuals trust the institutions that care for their loved ones to provide a safe and healthy environment. Unfortunately, abuse and neglect can happen in any New York assisted living facility. If you believe that your loved one is being abused or neglected, call the experienced New York personal injury lawyers at Wingate, Russotti & Shapiro today at 1-212-222-4336.

The winter holidays bring with it an increased risk of home fires, according to the U.S. Fire Administration (USFA). To help prevent a fire, consider these useful safety precautions from the USFA:

• Choose non-flammable or flame-retardant decorations. If you decide to purchase an artificial tree, buy one that is flame-retardant.
• Do not burn wrapping paper in a fireplace, as it can easily start a chimney fire.
• Double-check the batteries in all your smoke detectors, and check fire extinguishers to make sure they are properly charged.
• Inspect your holiday lights thoroughly before hanging them. If your lights have bare patches of wire or empty or broken light sockets, do not use them. Always follow the instructions on any packaging, tags, or inserts.
• Keep your live Christmas tree well-watered at all times. A live tree can easily start a fire if it dries out. Also, place your tree away from heat sources, like heating vents and fireplaces, as these will dry it out more quickly. Do not leave your tree up for more than two weeks.
• Unplug lights and extinguish candles and fireplace fires before leaving the house.
• Never leave a burning candle or fireplace unattended, and do not put candles near a live tree.

Using care to prevent fires can keep your season bright. However, not even the best care can prevent every accident. If you or a loved one has been injured by a defective product or due to the negligence of another person or company, please contact the experienced New York personal injury lawyers at Wingate, Russotti and Shapiro. We will examine your case thoroughly and help you fight for the compensation you deserve. Call us at 212-986-7353 today for a free and confidential consultation.

With the Fourth of July just around the corner, several New Yorkers have already begun celebrating with fireworks and other devices. While having a patriotic spirit is not out of the question, far too many citizens disregard or overlook safety when using these potentially treacherous objects.

A new study by the U.S. Consumer Product Safety Commission (CPSC) reveals that fireworks-related incidents were responsible for two deaths in 2009 and approximately 9,000 emergency room visits for injuries. According to the CPSC, throughout the 30 days near last year’s holiday, about 6,000 injuries involving fireworks were reported in which half of the injuries related to firecrackers, bottle rockets, and sparklers.

Consumers below the age of 20 are the most prone to fireworks injuries; however, the risk of serious injury or even death still exists for anyone within close proximity of fireworks or other pyrotechnics. Some common fireworks injuries and hazards include burns to the face, head and hands, lacerations, loss of limbs, residential fires and wrongful death.

Parental supervision is extremely important when legal fireworks are being used. Never allow young children to light or toy with fireworks, sparklers, or bottle rockets. It is also important to never throw or point fireworks at another person. Refer to the CPSC’s website for more important consumer fireworks safety tips.

At Wingate, Russotti & Shapiro, LLP, our New York personal injury attorneys cannot stress enough the significance of consumer safety during the Independence Day holiday. Take every necessary safety measure to help prevent injuries this Fourth of July.

A sanitation worker in Queens suffered fatal job injuries in Astoria when he was struck by a tractor trailer. The 41-year-old man, who was an 11-year veteran of the Department of Sanitation of New York, had just collected trash near the intersection of Ditmars Boulevard and 35th Street when the truck hit and killed him, according to a news report in the Queens Courier. The worker was transported to an area hospital where he was pronounced dead. It is not clear what caused the truck to strike the worker.

This is no doubt a tragic accident. However, in vehicular accidents that are caused by someone else's negligence, an injured victim or a deceased victim's family could file a personal injury claim or wrongful death claim against the at-fault party. When a person is fatally injured on-the-job, his family will be entitled to New York workers compensation benefits. However, in cases where a third party is involved, the family can also file a claim against that negligent party.

Continue reading "Fatal Accident Claims the Life of New York City Sanitation Worker" »

A 37-year-old man was killed in a New York auto accident after a 28-year-old man rear-ended his vehicle at high speed on a Queens highway. The driver, who officials said was under the influence, sped his black PT Cruiser past traffic on Grand Central Parkway in Hillcrest and plowed through four cars, according to a news report in the New York Daily News. The car that he struck - a 1996 Volvo - exploded and burst into flames. The victim was burned beyond recognition. Three people in the other cars that were hit were not injured. The allegedly impaired driver was charged with driving while intoxicated and vehicular manslaughter.

Driving under the influence of alcohol or drugs is a serious criminal violation in the state of New York. It is illegal to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher. If the act of driving while intoxicated fatally injures a person other than the drunk driver, he or she could be charged with vehicular manslaughter. Under New York law, a person is guilty of vehicular manslaughter in the second degree if he or she causes the death of another person while driving under the influence (Section 125.12). A person is guilty of vehicular manslaughter in the first degree if he or she has a BAC of 0.18 or higher, is driving under a suspended or revoked license, has a prior DUI conviction or causes the death of more than one person.

Continue reading "Fatal New York Auto Accident Caused by Drunk Driver" »

Kroger Onion Soup & Dip Mix and Kroger Beefy Onion Soup & Dip mix are being recalled because of the possibility of salmonella being present. This recall is for Onion Soup & Dip Mix with a "sell by" date of January 6, 2011 to February 17, 2011 and for Beefy Onion Soup & Dip mix with sell-by dates of December 28, 2010 to February 23 2011.

Salmonella is a potentially lethal bacterium and may attack the bloodstream and intestines. The most common symptoms of a salmonella infection include abdominal cramps, fever, joint pain, urinary tract infections and diarrhea. These symptoms typically begin as quickly as six hours after you consume the contaminated product and as long as four days after. So far, no illnesses have been reported in connection with these Kroger products.

It is the responsibility of the food manufacturing or processing company to provide safe products to the consumer. If you eat at a restaurant and consume food contaminated with salmonella or E. coli and develop a food-borne illness as a result, the restaurant may be held liable for your illness and subsequent costs of treatment. In some instances, these food-borne illnesses have caused long-term or lifelong adverse health effects in victims.

Continue reading "Salmonella Scare in Kroger Products" »

A 39-year-old pedestrian was killed in a New York car accident after she was struck by a vehicle at the intersection of Broadway and 90th Street. According to a CBS News report, the woman was walking in a marked crosswalk when she was hit by a 2010 Ford. The vehicle sped away after striking the woman. The critically injured pedestrian was transported to a local hospital where she was pronounced dead. Police arrested a 25-year-old man who they said was the hit-and-run driver in the Ford.

Hit-and-run or leaving the scene of an accident is a serious crime in New York State. If you are a motorist involved in an accident, you are required under the law to stop, provide information and render aid to the injured victim, if it is possible to do so safely. Leaving a seriously injured victim can result in a felony charge for the hit-and-run driver. Motorists are also required to stop for a pedestrian who is walking legally in a marked crosswalk.

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

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" »

This summer, Chrysler plans on fixing over 355,000 minivans. They are quick to point out that this is not a "recall" in the vein of the recent Honda and Toyota recalls. Chrysler claims that even with this new problem with the airbags, their vehicles still meet the federal standard for safety. In addition, no personal injuries due to defective airbags in New York or throughout the U.S. have been reported at this time, officials say. Apparently, the front airbags in certain Chrysler minivans can fail if the sensor is cracked and then gets wet.

A proper working airbag can save your life. Of course, an airbag will not help if it is not working properly and dos not deploy. Since airbags became mandatory in the mid 1990s, more than 18,000 lives were saved by use of an airbag by the year 2006. However, between 1990 and 2006, there were 262 deaths due to malfunctioning airbags. Faulty airbags can cause serious injuries when they fail to deploy or when they deploy suddenly or at a time when they are not supposed to release.

Continue reading "Chrysler Will Repair the Airbags in Over 355,000 Minivans" »

A 32-year-old pedestrian was seriously injured in a New York hit-and-run car accident in Elmont. The woman was crossing Linden Boulevard at 239th Street when she was hit by a driver whose car did not stop, according to a news report in the Long Island Press. She was brought to a local hospital and is said to have sustained a brain hemorrhage, facial and spine fractures. Police are describing the car as an older green Toyota Camry. Anyone with information is asked to call Crime Stoppers in Nassau County at 1-800-244-TIPS.

Driving away from the scene of an accident is against the law in New York State. If you are a motorist who has been involved in an accident, the law requires you to stop and exchange information with the other parties involved. Such information can include driver's license, auto insurance and other contact information. Pedestrian accidents can result in major injuries including brain injuries, back or neck injuries, broken bones or paralysis. Pedestrian accidents could even result in death.

Continue reading "Hit-and-Run Car Accident Injures Pedestrian" »

Two people were injured after a New Jersey Transit train caught fire on its way to New York City. According to a CBS news report, the train was traveling from Atlantic City to New York City when passengers noticed smoke in a cabin. Riders were forced out while crew members attempted to put out the fire. The fire apparently started in the diesel engine and burned itself out. Passengers reported seeing flames of up to 20 feet shooting up from the roof of the train.

There may be many factors that contribute to a train accident. These include derailment, collision with another vehicle or train, mechanical failure, malfunctions, or operator negligence. In train accidents that are caused by operator negligence or mechanical failure as a result of poor vehicle maintenance, the transit authority could be held liable for the accident and injuries caused. In such cases, injured victims could seek compensation for medical expenses, loss of pay, cost of hospitalization and other related expenses.

Continue reading "New Jersey Transit Train Fire Causes Injuries" »

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?" »

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" »

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" »

A 37-year-old single mother of four died after a botched abortion at a clinic in New York City. According to a news report, the doctor performing the abortion severed an artery during the woman's procedure. This medical mistake led to massive bleeding and eventually cardiac arrest. The patient was transported to a nearby hospital where she died. The clinic is apparently under investigation by the New York State Medical Board for this incident.

A number of things can go wrong during or after a surgical procedure. During surgery, a surgeon may operate on the wrong body part or operate on the wrong site of the body. After surgery, the patient may suffer from or even die as the result of an infection caused by substandard post-operative care. Things can go wrong even in procedures that may be perceived as "simple" medical actions. If you have been injured because of a surgeon's error or doctor's negligence, you may be able to file a NY medical malpractice lawsuit against the negligent party.

Continue reading "Woman Suffers Fatal Injuries during Abortion" »

Honda Motor Company has expanded its vehicle defect recall to include an additional 438,000 vehicles worldwide, including 379,000 in the United States. According to a news report, Honda officials said the driver's airbag inflators in these vehicles may expand with too much pressure, which can cause the inflator casing to break. This could result in injury or death. The expanded airbag defect recall in New York and throughout the nation includes 2001 and 2002, Accord, Civic, Odyssey, CR-V and selected 2002 Acura TL vehicles. So far, 12 incidents have been reported in connection with the airbag inflator problem.

The original recall stemming from these problems was issued in November 2008 for 2001 and 2002 models of Accords and Civics as well as some 2002 model year Acura TL vehicles. Last summer Honda added 443,727 vehicles to that recall in the United States. Now, that total number of vehicles recalls is up to more than 826,000 in the United States. Last month, Honda announced a separate recall for 646,000 Fit, City and Jazz models over defective power window switches that pose a potential fire hazard. That auto product defect caused one death in South Africa.

Continue reading "Honda Recalls Vehicles for Airbag Defects" »

The U.S. Department of Agriculture has issued yet another beef recall over food poisoning concerns. This time, it's from Adams Farm Slaughterhouse LLC., a company in Athol, Massachusetts that is recalling about 2,574 pounds of beef products, which may be contaminated with the deadly E. coli O157:H7 bacteria. At least one Massachusetts resident is reported to have been sickened by this contaminated beef.

This is the third beef recall just in the last three months over E. coli contamination. In November, ground beef from New York-based Fairbank Farms resulted in 26 illnesses, 19 hospitalizations and five who developed hemolytic uremic syndrome (HUS). This is a complication of E. coli infections, which could lead to kidney damage or even death. In December, Oklahoma-based National Steak and Poultry recalled about 124 tons of mechanically tenderized beef products. Those tainted beef products left 21 people sick in 16 states, including nine hospitalized and one case of HUS. In total, 776,000 pounds of E. coli-tainted beef have been recalled over these three months.

Continue reading "E. Coli Fears Prompt Yet Another Beef Recall" »

Joe Rollino, who was renowned as the "Strong Man of New York" was killed in a pedestrian accident in Brooklyn when he was crossing a street. According to a news report, the 104-year-old Rollino suffered injuries to his head, chest and pelvis. He was transported to an area hospital, but succumbed to his severe injuries. Officials say the driver was traveling at the designated speed limit. They do not believe alcohol or drugs was involved in the fatal collision. However, the driver was issued a summons for a defective horn. The incident is under investigation.

New York pedestrian accidents can result in devastating injuries for victims. Some of these accidents are caused by pedestrians who do not follow the rules of the road. However, very often, pedestrian accidents happen because drivers do not yield the right-of-way. This could happen because the motorist is driving under the influence, talking on a cell phone, texting, or simply not paying attention to his or her surroundings.

Continue reading ""Strong Man of New York" Dies in Pedestrian Accident" »

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" »

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" »

A 22-year-old special education teacher was killed in a Staten Island pedestrian accident after he was struck by a driver, who officials say, was under the influence of drugs. An ABC news report states that the man and his girlfriend were jogging along Hylan Boulevard in Annadale when he was hit. He suffered severe head and chest trauma. His girlfriend suffered a broken ankle, scrapes and bruises.

The 34-year-old driver, described as an aspiring model, has been charged with possession of a controlled substance and driving under the influence. Police also found the sleep aid, Ambien, in her car. She apparently also admitted to authorities that she took two Xanax, one Ambien and one Percocet less than one hour before the fatal car crash.

Driving While Intoxicated (DWI) is a crime. In New York State, the penalties include the loss of driving privileges, fines, and a possible jail term. It is a serious violation to operate a motor vehicle under the influence of alcohol, drugs, or a combination of alcohol and drugs. It is also illegal to drive under the influence of prescription drugs or any type of intoxicant or hallucinogen that can impair your judgment while driving.

Continue reading "Pedestrian Killed in Staten Island DUI Car Accident" »

Hyundai, the Korean auto maker, has issued an auto product defect recall for 65,266 Hyundai Azera vehicles from 2006-2009 model years, according to a news report in the Miami Herald. The National Highway Traffic Safety Administration (NHTSA) states that the vehicles involved in the recall were manufactured between September 27, 200 and October 1, 2008.

These Hyundai Azera models have a wiring harness for the right front seatbelt tension sensor that could become damaged after repeated use of the seatbelt. This could lead to the right front passenger airbag not deploying in the event of a car crash. This seatbelt and airbag defect could lead to catastrophic or fatal injuries to the front passenger. When the recall begins, Hyundai dealers will replace the wiring harness for the seatbelt tension sensor free of charge. If you own a Hyundai Azera involved in this recall, you should take your car to a dealer right away to check if your seatbelt tension sensor needs to be replaced.

Continue reading "Hyundai Azera Models Recalled for Defective Airbags" »

Brain injury is called "the silent epidemic" for a reason. According to the U.S. Centers for Disease Control, more than 5.3 million Americans are living with long-term disabilities because of traumatic brain injuries. Every year, according to the CDC, at least 1.4 million people in the United States suffer a traumatic brain injury, more than the number of people who suffer heart attacks. Very often, the problem of traumatic brain injury is underestimated or dismissed.

More than 40 percent of traumatic brain injuries are caused by auto accidents, which is the most common cause of this type of injury. A traumatic brain injury in New York can result in changes to how a person processes information. Speech can become slurred. Thinking can be slowed down. Short-term memory can be completely lost in some cases. Judgment can become impaired. Almost always, brain-injured patients need extensive therapy, which dramatically increases the cost of treating this condition as well. And even so, the therapy only helps these injured victims cope with their brain injury. Brain damage is forever.

Continue reading "Traumatic Brain Injuries Have Long-Term Effects" »

The Associated Press reports that Rhode Island's largest hospital was recently fined $150,000 and ordered to install video cameras in all its operating rooms after surgeons at the hospital performed their fifth wrong-site surgery since 2007. This is Rhode Island Hospital's second fine for wrong-site surgeries. The hospital was also fined $50,000 after its brain surgeons operated on the wrong part of the heads of three patients in 2007. The most recent incident apparently involved a patient who was scheduled to have surgery on two fingers. The surgeon performed both surgeries on the same finger instead.

These incidents show nothing short of a complete breakdown in protocols and procedures at this Rhode Island hospital. The surgical team failed to mark the proper part where the surgery was to take place. The team also did not take the necessary "timeout" to make sure they were operating on the correct body part.

Continue reading "Rhode Island Hospital Fined for Wrong-Site Surgery" »

Vehicle safety is an issue that many motorists take for granted. We trust that auto manufacturers have rigorously tested their products, ensuring the safety of consumers as a consequence. However, as the most recent safety recall issued by Toyota illustrates, faulty design is not always caught by auto manufacturers before its products are introduced and sold to the public.

The National Highway Traffic Safety Administration reports that between 2006 and 2009, 13 Toyota vehicles have been involved in fatal accidents stemming from gas pedal sticking. Due to statistics such as these and additional reports of serious accidents involving Toyota’s accelerator defects has resulted in Toyota recently recalling over 2.3 million vehicles, specifically the 2009-2010 RAV4, Corolla and Matrix models; the 2005-2010 Avalon; 2010 Highlander; 2007-2010 Tundra and the 2008-2010 Sequoia; and some 2007-2010 Camrys . This recall comes after an earlier recall that was announced in November 2009 of floor mats that Toyota had indicated were at risk of becoming lodged underneath gas pedals, causing them to accelerate uncontrollably.

Continue reading "Toyota Accelerator Defect Results In Voluntary Recall" »

An Associated Press news report has shown that children's jewelry sold in retailers such as Wal-Mart, Claire's and New York City dollar stores is tainted with a dangerous, poisonous metal called cadmium. What is cadmium? It is a substance, which has been listed number seven on the U.S. Centers for Disease Control's (CDC) top 200 hazardous substances. Federal regulators really cracked down on lead-tainted toys last year. So more and more Chinese toy makers are now resorting to cadmium, which is extremely toxic even in low doses.

The AP report says children can get persistent low-level doses by regularly sucking or biting jewelry with a high cadmium content. The news agency conducted lab tests on cadmium jewelry bought at stores including several in New York. The investigation showed that out of 103 pieces of costume jewelry, 12 contained at least 10 percent cadmium, which can cause brain damage and kidney failure in young children. A day after this report came out, Wal-Mart pulled several suspect items off its shelves. Cadmium exposure at high levels can even cause cancer, experts say.

Continue reading "Cadmium-Tainted Children's Products under Scrutiny" »

An 18-month-old girl died and her mother was severely injured in a three-car accident in Staten Island, the New York Daily News reports. The fatal auto accident occurred on the northbound Martin Luther King Expressway near the Staten Island Expressway when two minivans collided and were then struck by a Cadillac sedan driven by the 32-year-old mom. The mother suffered a severely broken leg. Her daughter was transported to a local hospital where she died. Family members said the girl had suffered a fractured skull. The drivers of both minivans were issued summonses for driving without a license. The men escaped with minor injuries.

According to the National Highway Traffic Safety Administration (NHTSA), there were 41,059 traffic accident fatalities nationwide in 2007. In New York State alone, 1,333 people died in car accidents during the same year.

Continue reading "New York Car Accident Kills Toddler" »

The Consumer Product Safety Commission (CPSC) announced on January 20, 2010 the recall of about 1.5 million Graco strollers for an amputation and laceration hazard caused by a problematic hinge mechanism. According to a huffingtonpost.com article, the recall for Graco Children’s Products Inc. strollers includes certain model numbers of its Passage, Alano and Spree Strollers and Travel Systems. The model numbers and manufacture dates can be found on the lower inside portion of the stroller’s rear frame, which is above the back wheels. Consumers are being told to discontinue use of the strollers or contact PA-based Graco for a free repair kit.

The recalled strollers were sold between October 2004 and December 2009 at several stores including Wal-Mart, Target, AAFES, Burlington Coat Factory, Babies R Us, Toys R Us, Kmart, Sears, and many others. The recall was issued after seven incidents were reported of children either having their fingertips amputated or cut from putting their fingers in a stroller’s canopy hinge when it was being opened or closed.

Continue reading "1.5 Million Graco Strollers Recalled for Amputation, Laceration Danger" »

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" »

A woman suffered injuries in a Staten Island car accident after an out-of-control SUV plowed through the glass window of a store in Mariners Harbor and pinned her. According to a news report in the Staten Island Advance, the woman was waiting in line for the cashier with her toddler son and another young son close by. Thankfully, no one else was injured in this horrific car accident. The driver of the SUV, described by officials as an elderly female driver, sustained minor injuries. Firefighters had to free the young mom from under the SUV. An investigation is ongoing.

New York car accident lawyers know that a majority of auto accidents are caused as a result of someone else's negligence. In this particular case, we do not know what caused the elderly driver to go through the storefront. However, if the woman is found to be at-fault, under New York law, she could be held liable for the injuries and damages caused in this car accident.

Continue reading "Staten Island Car Accident Injures Young Mother" »

Nine preschool kids, a matron, and their bus driver sustained injuries in a New York car accident after the driver of a sedan ran a stop sign. The sedan then rammed into the bus and caused it to flip over on its side. According to a news report in the Times Newsweekly, the accident occurred in the Middle Village area on 69th Road. The female driver of the sedan was heading northbound on 75th Street. Apparently, this intersection has been the site of several other serious auto accidents in recent years. The hazardous roadway has even prompted residents to call repeatedly for installation of a traffic control device in the area. The nine children, matron and bus driver were transported to an area hospital for treatment of non-life-threatening injuries. The driver of the sedan suffered minor injuries.

City officials say they have sent several letters to the Queens Borough Commissioner for the Department of Transportation requesting traffic safety control devices at that intersection, which has also been the site of a fatal motorcycle accident in 2008. However, the Department of Transportation has not responded to requests for an all-way stop sign, speed bump or conversion of 69th Road to a one-way street.

Continue reading "New York Bus Accident Injures Nine Children" »

The MTA has released new figures showing accidents by each crossing, which show that the Verrazano Narrows saw the greatest increases in the number of accidents. According to a news report in the New York Post, there were 57 more accidents and 17 more injuries there in 2009 than there were in 2008. The RFK Bridge, on the other hand, saw large decreases with 78 less auto accidents and 10 less injuries during the same period. The Bronx-Whitestone, Cross Bay, Marine Parkway, the Queens Midway Tunnel and Throgs Neck Bridges also saw increases in the number of incidents. Officials believe speeding and reckless drivers cause most of the problems on the Verrazano and say they will deploy more MTA officers who will enforce the speed limit there.

Statistical studies are a great yardstick for cities and agencies to measure the safety of their roadways, intersections and crossings. Numbers don't lie. Agencies rely on numbers to determine trends and figure out how to make those roadways safer for the traveling public. It's a significant tool in their arsenal. However, despite these studies and reports, often we find that very little is done to actually improve traffic safety. Dangerous and defective roadways cause hundreds if not thousands of auto accidents in New York City.

Continue reading "MTA Stats Show Auto Accidents and Injuries Have Increased on the Verrazano" »

An elderly woman sustained fatal injuries in a New York auto accident after she was hit by an ambulance that was transporting a patient to the hospital, according to a WPIX news report. The woman was reportedly crossing Bay Parkway at Belt Parkway in Brooklyn when she was hit. The victim was transported to a local hospital where she was pronounced dead. Officials believe that the woman was in her 80s. Officials are apparently trying to determine whether the ambulance had its lights and sirens on at the time of the accident.

Pedestrian accidents can result in devastating injuries including traumatic brain injury, spinal cord injuries, broken bones, paralysis and even death. If a pedestrian accident was caused by the negligence of the driver, then the pedestrian may be able to seek compensation to cover medical expenses, loss of wages, cost of hospitalization, therapy and other related costs. If the victim dies as a result of a negligent driver, the family of a deceased victim may be able to file a wrongful death claim seeking compensation.

Continue reading "Elderly Pedestrian Struck and Killed by Ambulance" »

A 22-year-old dancer has sued New York-based Cargill Inc. after she came down with food poisoning from eating an E. coli-tainted hamburger in 2007, which left her paralyzed. According to a news report, the woman's medical bills have already totaled to $2 million and she is likely to undergo more expenses for constant care and medical attention for the rest of her life. She apparently went through nine months of hospitalization, rehabilitation and other treatment. The E.coli infection left her with brain damage, kidney damage, and has made her unable to walk and unable to pursue her passion – dance.

The woman apparently ate a hamburger sold at Sam's Club at a family barbecue in 2007. The hamburger she ate was processed by Cargill. It was contaminated with a deadly strain of E. coli. The New York Times recently reported that the tainted meat came to Cargill from one of its suppliers.

Continue reading "E. Coli Food Poisoning Leaves Dancer Paralyzed" »

A woman was killed in a New York City car accident involving former network news anchor Tom Brokaw, WPIX reported. The fatal auto accident occurred on the eastbound side of the Bruckner Expressway near the Sheridan Expressway. The Brokaws noticed a spool of cable in the far right lane when an SUV in the right lane speeded up in an effort to avoid the cable on the roadway.

The victim's SUV then crashed into a mail truck and overturned. She was ejected from the SUV and went over the highway falling onto train tracks. According to news reports, Brokaw said the mail truck swerved into their lane and he was forced to slam on the brakes causing their vehicle to crash into the mail truck. Brokaw and his wife were not injured in the accident. The female driver of the SUV died at the scene. The driver of the mail truck sustained minor injuries.

Continue reading "Car Accident Involving Tom Brokaw Caused by Debris on New York Expressway" »

A new law that has taken effect this month will make it a felony to drive with a blood alcohol level greater than 0.08 percent with a passenger who is under the age of 16. According to a news report, this new law, known as Leandra's Law states that a first offense will carry a potential prison sentence of up to four years; up to 15 years if a child passenger is seriously injured; and up to 25 years if the child is killed. The legislation, adopted last month, was named after Leandra Rosada, an 11-year-old girl who was killed in a Manhattan DUI car accident.

Drivers charged under this law will also be required to surrender their driving privileges pending prosecution. If convicted, drivers must install an ignition interlock system in the car for at least six months. According to the New York Department of Motor Vehicles, in 2008 alone, there were 9,202 alcohol-related car accidents in New York. In those crashed 488 children under the age of 18 were injured or killed.

Continue reading "New Law to Curb Drunk Driving in New York" »

A new study by Consumer Reports shows that Toyota Motor Corp. registered way more complaints regarding sudden acceleration in its 2008 model year vehicles than any other auto maker. According to a news report in the Los Angeles Times, Toyota and Lexus got 41 percent of all consumer complaints that were logged by the National Highway Traffic Safety Administration (NHTSA) that had to do with runaway acceleration. Toyota topped Chrysler, Honda, General Motors and Nissan combined with regard to this auto product defect issue. Ford came in second with 28 percent of complaints relating to sudden or inadvertent acceleration.

Toyota issued its largest ever vehicle defect recall last month of 4.2 million vehicles after a fatal car accident in San Diego that killed four people. Initially, defective floor mats were thought to have caused the accelerator to jam in the Lexus involved in that particular accident. But a federal investigation determined that the problem also had to do with the way the accelerator pedals were designed in these vehicles. So far, 19 people have died in sudden acceleration accidents involving Toyotas since 2002 model year, Los Angeles Times review of records shows.

Continue reading "2008 Toyota and Lexus Models Receive Most Complaints for Sudden Acceleration" »

A 47-year-old warehouse worker was crushed to death when a load of granite tiles fell on him. According to a news report in the New York Daily News, the tiles were stacked on top of each other when they toppled on the worker's head. The man died despite his co-workers' failed attempt to rescue him from under the heavy granite tiles. This fatal on-the-job accident is being investigated both by the Occupational Safety and Health Administration (OSHA) as well as the New York Police Department. OSHA investigators will be specifically looking into whether any safety standard violations took place that may have caused accident.

In New York, injured workers and their families are entitled to receive workers compensation benefits in the event of an on-the-job accident. However, we often see that these benefits are hardly enough to compensate a seriously injured worker or a family that has lost its primary wage earner. New York State laws prevent a worker from suing his or her employer. But if the work-related injury was caused by a third party, employees can file a claim against that negligent individual or entity.

Continue reading "Warehouse Worker Crushed to Death by Falling Granite Slabs" »

Nissan North America is recalling more than 10,500 model year 2009 Sentra sedans that are equipped with Bosch master cylinders because of the risk of the brake fluid leaking from the master cylinders. According a news report in Automotive Fleet, the brake system warning indicator will illuminate if the amount of brake fluid in the master cylinder reservoir decreases to below the minimum level. The National Highway Traffic Safety Administration (NHTSA) warns that if the driver ignores this cautionary light, one of the brake circuits in the vehicle may fail, thus increasing the stopping distances and risking a car accident.

Brake defects are extremely serious auto product defects that can result in catastrophic injuries or even death. Motorists count on a vehicle's brakes to be able to stop, which is especially important when a driver needs to avoid a crash involving a person or a vehicle. More than one person's life could be in jeopardy if a car's brakes fail. The sudden lack of braking function could very well lead to a crash and can be a difficult situation even for the most experienced driver. Hundreds of people are killed each year because of defective brakes with problems that include premature lock-up, ABS failures, brake fluid leaks or brake-line defects.

Continue reading "Nissan Recalls Sentras for Defective Brakes" »

Safeguarding a home against potential dangers is a common task for new parents. However, while many dangers are obvious, some remain hidden and may not present themselves to parents until it’s too late and tragedy has struck. According to an abcnews.com article, more than two million Stork Craft drop-down-side cribs have been recalled by the Consumer Product Safety Commission. This is the largest crib recall ever to occur in the United States.

Due to faulty plastic hardware, the sides of the crib are likely to detach, and pose a significant threat to the safety of children. The CPSC is urging consumers to stop using the cribs immediately. To date, the defective cribs are responsible for at least 110 incidents involving injuries sustained by children in the United States and Canada. Some children who have sustained injury while becoming entrapped by the faulty crib design have suffered further injury after becoming unpinned by the crib arm and falling out of the crib. Four infants have suffered from suffocation death due to the dangerous crib defect.

Over the past two years, the CPSC has recalled nearly five million cribs that have had issues with dangerous drop-down sides. Approximately 1,213,000 units have been distributed in the U.S., with 147,000 cribs having been sold with the Fisher-Price logo, and 968,000 units have been distributed in Canada. Consumers may contact Stork Craft for more information, or to request a free repair kit, by calling toll-free (877) 274-0277.

Continue reading "Stork Craft Recalls 2.1 Million Cribs for Suffocation Danger" »

Defective products can seriously injure our children. We may not know it, but some products that we commonly use in our homes may pose risks. Recently, three different companies recalled window blinds and shades because children could become tangled in the inner cords and become strangled as a result. According to an NBC news report, Bed Bath and Beyond recalled their Dublin Energy Solution roman shades manufactured by Louis Hornick and Company.

So far, two child injuries have been reported in connection with these shades. Hanover Direct is also recalling their faux suede roman shades after a 2-year-old became entangled in the cord. Another company that recalled window blinds is Swedish retailer IKEA, also for strangulation hazard.

Several children have also died as a result of becoming entangled in the inner cords of these blinds and shades. Some have suffered brain injuries because when they were strangled, oxygen was cut off to the brain. These incidents were all tragedies that could have been prevented if the blinds had been manufactured properly.

Continue reading "Defective Blinds Recalled for Strangulation Hazard" »

Thousands of innocent car accident victims lose their lives or are severely injured each year as a result of drunk drivers. Driving while under the influence of alcohol or drugs is illegal in every state. Now, according to an Associated Press news report, New York City officials are reassessing the legal process that determines whether someone was drinking and driving in a serious car accident. This process began after blood alcohol tests were not performed for two hours on two off-duty officers who were charged with vehicular manslaughter in separate incidents.

In the case of the two officers, they declined to take breath tests at the scene, which they are allowed to do under the law. Both were tested several hours later. One test came back clean while the other showed the blood alcohol level to be twice the legal limit. The problem here is that the delay in the testing process gives drunk drivers the time to sober up. City police commissioner Raymond Kelly has assembled a panel to discuss this important issue with district attorneys and formulate ways to get these sobriety tests done in a quick and effective manner so accurate blood alcohol reading may be obtained.

Continue reading "Officials in New York City Reassessing DWI Test Process" »

A federal auto safety agency has opened an investigation regarding possible airbag defects in Ford F-150 pickup trucks. According to a news blog in The Car Connection, the National Highway Traffic Safety Administration's (NHTSA) Office of Defects Investigation is looking into "inadvertent airbag deployment" in the Ford pickup trucks. The agency has received eight complaints from consumers who stated that the driver's side airbag deployed unexpectedly either when starting the engine or shortly afterward. Five out of eight, who complained about this auto product defect, said they sustained injuries as a result of sudden airbag deployment. The investigative report states that wire chaffing may have been a potential cause of the airbag deploying without any cause or warning. The investigation involves only the 2005 model Ford F-150 so far.

Airbag defects in New York and throughout the United States can lead to devastating injuries or even death. As consumers, we count on the latest technology in our automobiles – such as airbags – to protect us in the event of a car accident. However, there have been many instances where airbags fail to deploy or deploy when there is no crash. In this case, the possibility of a car crash is very high because the defective airbags that could deploy inadvertently are on the driver's side.

Continue reading "Ford F-150 Airbags Investigated for Sudden Deployment" »

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" »

Two people are suspected to have died in the latest case of food contamination involving meat that was sold across various New York retail stores. WPIX reports that approximately 546,000 pounds of ground beef are in the process of being recalled due to E. coli bacteria contamination. Various supermarkets including Wild Harvest, Shaw's, BJ's, and Trader Joe's had carried the beef that was sold by Fairbank Farms in Ashville and produced between Sept. 14 and Sept. 16, 2009. It was distributed in the tri-state area as well as Maryland, Massachusetts, North Carolina, Pennsylvania and Virginia.

E. coli symptoms can include severe stomach cramps, diarrhea that could turn bloody within one to three days, nausea and vomiting. Symptoms of E. Coli infection usually diminish or end in about a week with no further problems. However, severe blood and kidney problems may occur two to 14 days after the onset of diarrhea. These problems can cause kidney failure and sometimes long-term disability or death in some children and older adults.

Continue reading "New York Defective Product Attorneys Concerned By Contaminated Beef" »

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" »

The recent recall of about 546,000 pounds of fresh ground beef distributed in September by Ashville, NY-based Fairbank Farms, has left consumers and citizens concerned about the risk of E. Coli contamination. According to a manufacturing.net article, the recalled meat was sold in stores in New York, Maryland, Massachusetts, New Jersey, North Carolina, Pennsylvania, and Virginia.

The report stated that at least two deaths and 26 other illnesses may be connected to the recalled fresh ground beef that might be contaminated with E. coli bacteria. Apparently, one of the deaths involved a New York adult with multiple underlying health conditions. The other death was previously reported by New Hampshire when a patient died of complications. A spokeswoman for the Centers of Disease Control and Prevention said that all but three of the suspected E. coli infections are in the northeastern United States and 18 are in New England.

The recall notice issued by the U.S Department of Agriculture stated that the possibly contaminated meat was sold under the Fairbank Farms name in numerous forms, including meatball mix, hamburger patties, and meatloaf. Another important note is that the recalled products were sold at Price Chopper, Trader Joe’s, Lancaster, Shaw’s, Wild Harvest, BJ’s, Ford Brothers, and Giant stores in packages that carried the number “EST. 492” on the label. Furthermore, the meat was packaged September 15-16 and may have been labeled with a sell-by date from September 19 through September 28. So considering that the recalled meat should no longer be sold as a fresh product in supermarkets, consumers must turn to their freezers to make sure that they do not ingest possibly tainted meat.

Continue reading "Meat Recalled Due to E. Coli Contamination" »

A 9-year-old girl died and a 3-year-old boy was seriously injured in a pedestrian accident on Halloween Day. According to an ABC news report, the two children were struck by an SUV while crossing the street. The fatal injury accident occurred when a group of children and adults, many in Halloween costumes and out trick-or-treating, were crossing Washington Avenue in Nutley. A 44-year-old man driving an SUV then reportedly hit the young boy and the girl. The girl was pronounced dead at the scene of the crash while the boy was taken to a local hospital. The driver had remained at the accident site.

According to the New York State Department of Motor Vehicles reports in 2008, there were 15,620 accidents involving pedestrian-auto collisions. Out of these, 302 were fatal and 15,291 were injury-related pedestrian accidents. Based on this news report, it is not clear exactly what happened to cause the SUV to run into the children.

Continue reading "New Jersey Halloween Auto Accident Proves Fatal" »

Two men were killed in a Queens New York motorcycle accident after they crashed into a car. According to an ABC News report, the accident occurred at the intersection of 32ns Avenue and 88th Street. The 2008 Yamaha motorcycle, which was westbound on 32nd Avenue struck a Dodge Intrepid, which was going south on 88th Street. According to eyewitnesses, the impact from the crash sent the motorcycle's passenger flying down the street about 200 feet. That 27-year-old passenger was pronounced dead at the scene as was the 22-year-old driver. A man, his wife and their baby, who were in the Intrepid, were taken to an area hospital with injuries that were not life-threatening.

In this accident, as with any other car accident, there needs to be an official determination as to who is at fault for causing the crash. When two vehicles collide at an intersection, it is important to look into whether someone failed to yield the right-of-way or whether one of the drivers ran a red light. Usually, the at-fault party could be held liable for the accident and resulting injuries.

Continue reading "Two Killed in New York City Motorcycle Accident" »

The New York Post reported recently that a Shirley man was hit and fatally injured by a pickup truck on the William Floyd Parkway near Sunrise Highway. The accident happened when a Center Moriches woman driving a 2004 Chevy Silverado hit the man and then fled the scene. The accident victim died at the site of the crash.

Suffolk County police say the woman, who turned herself in later, was driving while intoxicated (DWI) at the time of the accident. Police charged the woman with DWI when she did not pass a field sobriety test. Officials have identified the suspect as a Long Island teacher.

Statistics provided by the New York State Department of Motor Vehicles reveal that there were 9,202 alcohol-related auto accidents in 2008. Out of these accidents in New York, 355 were fatal and 4,775 were injury-related. It is estimated there were 82 pedestrians killed in all New York alcohol-related accidents in 2008.

Continue reading "Long Island Auto Accident Kills Man" »

Mitsubishi is recalling about 530 Endeavor vehicles from its 2010 model year because the retainer bracket used for the seat-mounted side airbag frames may not have been properly welded. The airbag could fail in the event of the crash by failing to deploy. This auto product defect in New York and throughout the nation applies only to Mitsubishi Endeavors manufactured between May 26 and July 28, 2009. During the recall, vehicle dealers will check the weld, and if necessary, replace the seatback assembly free of charge.

As motorists, we depend on airbags to protect us at the time of a crash. But when airbags fail to deploy the injuries can be catastrophic or lethal. If you or a loved one has been severely injured or killed as a result of a faulty airbag, you may be able to seek compensation from the manufacturer of such a defective product. Whether your injuries involve airbags that deployed when they weren't supposed to or a non-deployed airbag, the auto maker could be held liable for making the defective auto product.

Continue reading "Mitsubishi Recalls Vehicles for Possible Airbag Defects" »

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" »

Toyota Motor Corp. has issued a large-scale auto product defect recall involving 3.8 million vehicles, the company's largest ever recall in the United States. According to an Associated Press news report, the recall is being issued to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash. Toyota has not been able to resolve the issue with the mat and is asking consumers to remove the mats and not substitute them until the company comes up with a fix.

The National Highway Traffic Safety Administration has so far received 102 incident reports where the accelerator may have become stuck as a result of these defective floor mats. The recall was spurred by a fatal car accident in San Diego where a California Highway Patrol officer and three of his family members were killed after the floor mat of the Lexus he was driving slipped and the accelerator got stuck. The car barreled out of control and reached speeds of 120 mph before crashing and bursting into flames. The recall will affect 2007-2010 model year Toyota Camry; 2005-2010 Toyota Avalon; 2004-2009 Toyota Prius; 2005-2010 Tacoma; 2007-2010 Toyota Tundra; 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

Continue reading "Toyota Recalls Vehicles for Defective Floor Mats" »

Thousands of sickened 9/11 recovery workers whose legal claims have been barred because of deadlines will now be able to join a large group suing New York City under a new law signed by Gov. David A. Patterson. According to a news report in Newsday, the law will allow more than 3,000 workers to revive lawsuits that were thrown out by a federal judge in July because they were not filed within 90 days of the workers' conditions being diagnosed.

These workers included carpenters, plumbers and construction workers who worked for months on the Ground Zero site because they were told it was safe to do so and that there were no environmental hazards. However, a number of these workers apparently developed health issues such as lung problems, post-traumatic stress disorder, depression and sinusitis. The workers say that they were "lied to" that the air in Ground Zero was good to breathe at the time.

This is good news for these workers who got left out because of a technicality. There is no question that some of these workers have suffered serious consequences as a result of breathing the air at Ground Zero. They should have been informed about the poor air quality before they started work there. Many of these workers have been disabled and are unable to perform the jobs they were doing before. To have their claims tossed out because of a technicality is simply not fair.

Continue reading "Sickened 9/11 Workers Can Sue New York City" »

Medical errors, especially those that involve prescription mistakes, are extremely tragic. They result in unnecessary injuries and sometimes even death. These are injuries and deaths that can be easily prevented by having supervision implemented and strict adherence to rules and regulations. But the reality is that prescription errors occur far too often in New York City hospitals and elsewhere in the United States.

According to a recent news report, a children's hospital has admitted that its doctors wrongfully prescribed a fentanyl pain patch for a 15-year-old autistic boy after a dental procedure. The teenager died in March when the pain patch was given after dental surgery. It proved to be the inappropriate drug and dosage for the boy. Since the boy was autistic and couldn't speak well or tolerate swallowing medicine, the hospital's dentist prescribed a fentanyl patch. Although his mother was concerned about it, doctors and nurses assured her that it would be fine. Well, it was not. That night, the 15-year-old died as a result of a fatal dose of fentanyl.

The boy's family has filed a wrongful death lawsuit against the hospital. Wrongful death lawsuits are usually filed against certain parties when negligence or wrongdoing is involved. In such cases, plaintiffs are not only eligible to seek compensatory damages, but also punitive damages. A number of medical malpractice victims tend to pursue these lawsuits also as a way to try to make sure that something like this never happens again.

Continue reading "Family Filed Wrongful Death Lawsuit Against Hospital" »

Distracted drivers are one of the main causes of serious car accidents in New York City. If you or someone you love has been seriously injured as a result of someone else's negligence, you may be able to seek compensation for your injuries, damages and loss. Very often, accidents happen when someone takes their eyes off the road for a few seconds.

According to a recent news report in The Day, a well-known Connecticut woman was killed recently in a car accident on Route 32 caused by a New York woman who is accused of using a cell phone and driving under the influence of alcohol. The suspected drunk driver allegedly crashed into the back of a Toyota Sienna, which in turn collided with a Hyundai Elantra driven by the victim. The woman was taken to the hospital where she died of her injuries.

This is only one of many tragedies that occur on our nation's roadways as a result of distracted or intoxicated drivers. Recent studies show that distracted drivers are as dangerous, if not more dangerous, than intoxicated drivers.

Continue reading "New York Auto Accident Lawyer Concerned about Distracted Drivers" »

New York work accident injuries can be devastating. Workers or employees who get injured on the job can suffer debilitating injuries that can cause them to lose their job and their livelihood. In such cases, injured victims need representation from an experienced New York workers compensation attorney who can uphold their rights and make sure they get the compensation they rightfully deserve.

There are a number of New York on-the-job injuries where victims are left disabled for life or unable to perform the job they were performing before. A New York police officer, who was injured on the job four years ago in a car accident that caused him to quit his job, has settled his civil lawsuit for $1.2 million, the Staten Island Advance reports.

The 32-year-old officer was a passenger in the back seat of an unmarked Chevy Impala that was responding to a burglary on September 23, 2005 when the driver, another police officer, went on opposing lanes of traffic and collided with a car that was making a turn. The officer suffered injuries to his shoulder, back and neck. He was able to return to his job two months later, but could remain on the force only for two months before he had to get further surgery and treatment.

Continue reading "New York Police Officer Compensated for On-the-Job Injury" »

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" »

The New York Police Department has suspended two police officers who were involved in a DUI car accident that killed a pedestrian in Brooklyn. According to an ABC News report, one of the officers who was driving the car, was charged in the drunk driving accident that killed a young girl who was crossing the street at East 56th Street and Avenue N. The pedestrian accident victim was taken to an area hospital where she was pronounced dead. The suspected drunk driver, the police officer, was off-duty at the time of the crash, officials said. He has been charged with DWI and vehicular manslaughter.

In New York, driving under the influence is a serious crime. It is illegal in New York to drive with a blood alcohol level of 0.08 percent. It is always disheartening when an individual who is supposed to uphold the law, breaks it. In this case, it resulted in the death of a young girl.

As New York drunk driving victim lawyers who fight for DUI victims' rights, it is our belief that drunk drivers should be prosecuted to the fullest extent of the law regardless of their title, position or status in society. Victims of DUI accidents can seek compensation to cover various expenses such as medical costs, lost earning and other damages.

Continue reading "NYPD Officer Faces DUI Charges in Fatal Brooklyn Pedestrian Accident" »

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" »

A construction worker was killed in a New York City construction site accident after he plunged five stories when part of a scaffold collapsed in Brooklyn. According to a news article in the Insurance Journal, the worker had been resurfacing bricks on an apartment building's façade when the accident occurred. The 42-year-old man was moving from one scaffold to another when the second scaffold collapsed. While one man fell, two other workers clung to the tilted scaffold and were later rescued by firefighters.

Scaffold accidents can cause serious injuries and even fatalities, as in this New York construction accident. New York Labor Law Section 240 (1) states: "All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so
employed."

Continue reading "Brooklyn Fatal Construction Accident" »

A 36-year-old man was killed in a New York car accident after he slammed into the back of a Department of Transportation dump truck on the Brooklyn Bridge, the New York Daily News reports. Traffic investigators believe the man was traveling from his East New York home when he lost control of his 2008 gray Honda Accord and crashed into the truck. The truck, which was unoccupied, had a flashing electronic arrow to alert drivers, the report said. New York police are not sure what caused the driver to crash into the truck, but are looking into whether alcohol may have been an issue.

New York auto accidents are caused by many factors. In some cases, a car accident is caused as a result of someone else's negligence. That could include a dangerous condition on the roadway or an auto product defect that caused the driver to lose control of his or her vehicle and crash. If the accident was caused as a result of a vehicle defect, the auto maker or the manufacturer of the defective auto product could be held liable. If a dangerous road condition caused or contributed to the car accident, the city or any entity that has jurisdiction over the roadway could be held liable. In New York, claims against governmental entities must be filed within 90 days of the accident or injury.

Continue reading "New York City Auto Accident Kills Man" »

A teenager has been charged with drunk driving after a fatal New York car accident, which killed a 31-year-old man, according to an ABC news report. New York police said a 2008 Lexus four-door gray sedan driven by an 18-year-old man struck a 31-year-old man on Sutter Avenue in Queens, N.Y. The injured pedestrian was taken to an area hospital where he died. The teen was arrested and charged with operating a vehicle after consuming an alcoholic beverage.

Thousands of Americans lose their lives every year in drunk driving car accidents. Thousands more are injured – many disabled for life – because of negligent drivers who make a conscious decision to get behind the wheel while intoxicated. In the State of New York, it is illegal to drive with a blood alcohol content of 0.08 percent or higher. Those who drive drunk and injure people or damage property must be held accountable for their actions.

Continue reading "Fatal New York DUI Auto Accident" »

Honda has recalled an additional 440,000 Civic, Accord and Acura TLs to repair a potential airbag defect, according to this CNN news report. This defective auto product recall in New York and throughout our nation involves driver-side airbags in certain 2001-02 Honda Accords, 2001 Civic models and 2002-03 Acura TLs. In some of these cars, the airbag inflators can produce over pressurization of the driver's front airbag inflator mechanism during airbag deployment. This can cause the inflator casing to rupture and metal fragments could pass through the cloth airbag cushion material, posing the risk of injury or death to the vehicles' occupants. With a damaged airbag, occupants may not be protected in the event of a car accident.

Airbag defects are serious vehicle defects that can result in catastrophic injuries or death to a vehicle's occupants. We count on airbags to deploy and cushion the impact of a car crash. But when airbags do not work the way they are supposed to function, it can result in severe trauma to those in the vehicle.

Continue reading "Honda Recalls Cars for Airbag Defects" »

A 20-year-old man was critically injured and killed in a Staten Island motorcycle accident after his motorcycle collided with a livery cab. According to a news report in the Staten Island Advance, the motorcyclist was thrown off his bike after he crashed into a livery cab. The motorcycle also caught fire in the incident. Apparently, this summer has been deadly for motorcyclists in Staten Island. This was the fourth motorcyclist to die in separate accidents since June, the report states.

Motorcycles may be fun to ride especially during the summer, but they also come with inherent danger. Motorcycle crashes may occur due to the rider not wearing proper protective gear. But often times, motorcycle accidents occur because other motorists are not paying attention. Many of us do not realize that we share the road with motorcyclists, bicyclists and pedestrians. As experienced New York motorcycle accident attorneys, we see almost on a daily basis that motorists do not consciously look for motorcycles, bicycles or pedestrians when they are changing lanes or making a turn. A lot of motorcycle accidents particularly occur when the other vehicle is attempting to make a left turn.

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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" »

A woman suffered critical injuries in a Queens pedestrian accident after an out-of-control van struck her inside Flushing Meadow Park, ABC News reports. Witnesses say the van was weaving in and out of traffic on the Van Wyck Expressway and then sped down the ramp, crashed into a parked vehicle, hopped a curb and then hit the woman.

The injured victim was apparently enjoying a family picnic at the park when she was struck. The 49-year-old driver has been charged with reckless driving, endangerment and leaving the scene of an accident.

In cases where unsuspecting victims are injured as a result of someone else's recklessness, negligence or callous disregard for public safety, victims and their families can seek significant compensation for their injuries and loss. This is especially true in cases where someone has been killed, critically injured, is incurring a lot of medical expenses, and also in cases where the victim needs 24/7 medical care for the long term.

Continue reading "Queens Hit-and-Run Car Accident Critically Injures Woman" »

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" »

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" »

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" »

Fiesta is issuing a product safety recall for its Blue Ember gas grills after getting reports of burn injuries and other incidents. According to this consumer safety report, Fiesta has received 192 reports of grill fires resulting in nine injuries. Two of these incidents involved major burns on different parts of the body, six incidents of relatively minor burns and one incident involving temporary hearing loss. Apparently, the hose of the gas tank can get too close to the firebox and cause a burn hazard. This defective product recall involved 88,000 units in the United States and about 25,000 in Canada.

Each year in the United States, thousands are injured as a result of defective products. These faulty products range from toys to cars, to household appliances. Design defects, misleading or deceptive marketing, and manufacturing defects can pose threats of serious injury to unsuspecting consumers. Improper warnings or instructions on a product's packaging may also cause injuries to a person using a defective product in New York.

Continue reading "Defective Gas Grills Could Cause Burn Injuries" »

A Queens, New York, man, his sister and his cousin were killed on the Interstate 95 in Georgia after a drunk driver heading the wrong way plowed head-on into their minivan, the New York Daily News reports. The 59-year-old man and five of his relatives were reportedly driving from New York to Florida for a wedding when the pickup truck driven by a drunk driver slammed into their 2001 Mazda MPV. All three were killed. The driver of the pickup truck was also killed in the car crash. His Chevrolet S-10 pickup truck was apparently littered with bottles of alcohol, officials said.

Every year, at least 17,000 people are killed as a result of alcohol-related car accidents. The drunk drivers who cause these fatal car accidents and heartbreak to the members of the victims' families should be held accountable for their reckless and senseless actions. In New York State and most other states, it is illegal to driver under the influence of alcohol and/or drugs and to drive with a blood alcohol content (BAC) of 0.08 percent or higher.

Continue reading "New York Man Killed in DUI Car Accident" »

A 51- year-old man was struck and killed by a FedEx truck in a Long Island pedestrian accident. The 25-year-old driver of the FedEx truck has not yet been charged. The man was killed when the truck struck him and then crashed into a line of parked cars. According to this CBS news report, the truck driver and a woman seated in one of the cars were hospitalized with injuries. Witnesses apparently saw the truck traveling at a high rate of speed before the crash. Long Island city police officials are investigating the fatal pedestrian collision.

If your New York auto accident or pedestrian accident was caused by a negligent driver, you may be entitled to significant compensation to cover medical expenses, lost wages and other costs associated with your injuries. If the auto accident resulted in death, families of deceased victims may be able to file a wrongful death claim. If the negligent driver was on the job at the time of the accident, both the driver and his or her employer may be held accountable for the accident and resulting injuries.

Continue reading "Long Island Fatal Pedestrian Accident" »

BMW is recalling its 2008 model 1-Series and 3-Series because of an airbag defect that might prevent the side airbag from deploying, causing a serious injury hazard in the event of a car accident. According to this news report, BMW North America officials say the side airbag defect was caused by an incorrect crimp connector that was used on the side airbag and belt tensioner wiring.

As a result, sufficient contact between the crimp connectors and the corresponding plug may not occur, which could lead to an increase in the electrical resistance of that connection. If that occurs, the side airbag and/or the safety belt tensioner may not deploy, thereby failing to properly protect an occupant, increasing the risk of serious injury.

Auto product defects in New York can cause serious car accidents. As drivers, we count on airbags and seatbelts to protect us in the event of a car crash. However, when these components fail, when airbags fail to deploy or seat restraint systems unlatch, vehicle occupants can sustain catastrophic injuries. If you or a loved one has been injured in a car accident as a result of a vehicle defect, you may be able to seek compensation from the manufacturer of the defective auto to cover medical expenses, loss of earnings and other related damages. If such an accident results in death, the family of the deceased victim may be able to file a wrongful death claim.

Continue reading "BMW Recalls Vehicles for Airbag Defects" »

Three serious injury-causing driving while intoxicated (DWI) car accidents in New York State have helped shine the limelight on DWI laws in the state. According to this news report, New York State ranks well when it comes to tough DWI laws, which experts say, are sufficient to curb the problem of drunk driving. However, enforcing those laws to prevent drunk driving accidents in NY is a different issue, they say.

Mothers Against Drunk Driving (MADD) ranks New York State 13th in the nation for stringent DUI laws. But, group representatives say they would like to see a better utilization of the ignition interlock devices. Convicted drunk drivers are required to blow into the machines in order to start their vehicles. Several critics also say New York does not have mandatory jail time for DWI convictions, even if it involves repeat offenders. Jail time is only an option for judges to decide during sentencing in DUI cases.

Continue reading "New York DUI Car Crashes Cause Significant Injuries" »

A woman was injured in a motorcycle accident in New York after the motorcycle she was riding crashed with a pickup truck on Route 611 in Tannersville, the Pocono Record reports. The injured victim was airlifted to the hospital because of the extent of her injuries. She was reportedly wearing a helmet. Police are still trying to determine the cause of this injury motorcycle accident.

In any New York auto accident or motorcycle crash, it is very important to thoroughly and completely investigate who or what caused the accident. Whether the accident involves two or more vehicles or it involved a single vehicle, it is important to find out what caused it. The most common cause of auto accidents include driver error, negligence, impairment due to alcohol or drugs, a defective auto product or a dangerous roadway condition.

Continue reading "New York Motorcycle Accident Injures Woman" »

A worker was injured in a Manhattan construction accident when he took a fall at the World Trade Center construction site. According to this news report, the worker reportedly fell about five feet and suffered injuries that were not life-threatening. The construction site accident occurred near the intersection of Liberty and West Streets. The worker was taken to an area hospital.

Some of the most serious construction site accidents occur when workers either slip and fall during work, or fall off a scaffold. These types of fall accidents can cause major injuries that can be devastating to construction workers and their families. These are also most often the types of injuries that result in death. Even when the worker survives, there are many tough challenges he or she is faced with such as expensive medical bills, loss of income resulting from missed work and in some case, continuing medical costs. Sometimes, workers are left with a permanent disability that leaves them unable to work for the rest of their lives.

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Eight people were killed in a three-vehicle New York car accident, including four children, according to this CNN news report. The car crash involved a minivan carrying five children and one adult that was heading the wrong way on a northbound lane of the Taconic State Parkway, New York State Police said. The minivan crashed head-on into an SUV carrying three adults. The minivan then slammed into a third vehicle before rolling over and bursting into flames. One child in the minivan survived with major injuries. Two adults in the third vehicle sustained minor injuries.

In any New York traffic accident case, it is extremely important to conduct a thorough and independent investigation to determine all the facts of the case and whether there was any negligence. In cases where there is negligence or wrongdoing, families of deceased victims may be able to file wrongful death claims that generally compensate these families for medical or funeral expenses, loss of earnings and other related damages.

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Seven people were injured in a NY pedestrian accident when an out-of-control car in West New York collided with them, according to this CBS news report. The car apparently crashed into a bevy of shoppers who were gathered for a sidewalk sale on Berginline Avenue. Several victims said they were helpless as the SUV came right at them. One pedestrian was pinned against a street pole. The most seriously injured victim was a 44-year-old man who was hospitalized with several broken bones. The driver of the SUV, a 43-year-old man, has been charged with driving under the influence.

Driving under the influence of alcohol or drugs – be it recreational or prescription drugs – is against New York law. It is illegal in New York and most other states to drive with a blood alcohol content (BAC) of 0.08 percent or higher. In such cases, if the drivers are determined to have been drunk or intoxicated at the time of the crash, they could be held civilly and criminally liable for the accident and injuries caused. Victims could seek compensation to cover medical expenses, loss of pay and other related costs.

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Seven bodies were recovered by divers from the Hudson River on Monday, August 10, 2009 after the wreckage of a plane and sightseeing helicopter was found. According to a report, nine people were tragically killed in the New York air disaster that took place over Manhattan on Saturday, August 8, 2009, with the body of an adult passenger and the small plane’s pilot still missing.

Those killed in this accident included members of a Pennsylvania family and an Italian tour group from the Bologna area. The single-engine Piper was discovered less than a quarter of a kilometer from the New Jersey side of the river in 15 meters of water. Reduced visibility forced divers to hold off the search Monday morning due to the river’s strong current and murky waters.

As the family members of those lost in this tragic and unexpected aviation accident grieve for their loved ones, we send them our warmest sympathies during this emotional and difficult time. Any accident involving an airplane or helicopter can bring a lot of shock to not only the families of those involved, but the community as a whole. No one should ever have to endure the loss of a family member or friend because of an aviation accident and it is indeed tragic when such cases force one to have to.

Continue reading "New York Plane and Helicopter Crash Kills 9, 2 Bodies Still Missing" »

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" »

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.

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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.

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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.

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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" »

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.”

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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" »

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" »

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" »

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" »

A 35-year-old worker was killed in a New York on-the-job accident. According to a WBNG news report, Shawn Brown was working on the body of a large recycling truck when the truck bed released and pinned him against the vehicle frame. Brown was located by a co-worker who contacted emergency personnel. Brown was taken to an area hospital where he was pronounced dead. The New York State Police as well as the federal Occupational Safety and Health Administration are investigating this work site accident, which occurred at Burt Adams Disposal in Chenango Bridge, New York.

Work site accidents such as construction site accidents and industrial accidents are devastating not only for the injured workers, but also for their families. In many cases, families struggle and face extraordinary financial crises because they lose their primary wage earner to a workplace accident. The sad fact about these workplace accidents in New York is that they can often be prevented.

Workers in New York are entitled to state workers compensation benefits. However, these are terribly inadequate and are hardly enough to cover medical expenses in the case of a major injury or loss of wages where the sole breadwinner has died. Injured victims and families in such situations would be well-advised to contact experienced New York workers compensation attorneys who can help with their workers compensation claims. In cases where a third party such as a contractor, sub-contractor or a defective product manufacturer is involved, additional claims may be filed against negligent parties as well. If you have been injured or have lost a loved one in a New York work-related accident, please call Wingate, Russotti & Shapiro for a free and comprehensive consultation.

Six people were hurt in a bus accident in Robinson, Pennsylvania after a sport utility vehicle crashed into a Greyhound bus which was traveling from New York City to St. Louis. Police said the auto accident occurred on the southbound ramp to the Interstate 79 near the parkway in Robinson. According to this news report, driver of the SUV, 26-year-old Michael Kuzo, was reportedly speeding when he rear-ended the Greyhound bus. The SUV then spun out of control and rolled over several times. Kuzo was extricated from the vehicle and is in the hospital with critical injuries. The bus was carrying 55 passengers. Five passengers were treated for injuries at local hospitals.

Taking the bus is a way of life for New Yorkers. Be it a bus, taxi or the subway, public transportation is something we use everyday to get to work, school, social events and other destinations. In some cases, bus accidents are caused by other motorists. But in many cases, bus accidents occur because of driver negligence, an impaired driver, lack of proper bus maintenance or a product defect.

It takes experienced New York bus accident lawyers to look into all aspects of an auto accident and determine the facts to discover whether someone's negligence or recklessness caused the accident and the resulting injuries. If you have been injured by someone else's negligence, you deserve to get fair compensation to cover medical expenses, loss of earnings and other related damages. If you have been seriously injured in a New York bus accident, please call the New York personal injury attorneys at Wingate, Russotti & Shapiro for a free and comprehensive consultation.

Three people have died in a Queens car accident after the driver lost control of his car and struck a concrete barrier, the New York Post reports in a story. New York City police officials say the driver of the 1993 Volvo lost control of his vehicle and crashed. No other vehicle was involved. The victims' names were not available, but police say the driver was 26 years old and the two other victims, also men, were 27. The fatal auto accident occurred at the corner of 48th Street and Laurel Hill Road.

Auto accidents occur for many reasons. Some auto accidents in New York are caused by careless drivers who either driver recklessly or negligently. This could include drivers who are speeding, running red lights or operating under the influence of alcohol or drugs. Some fall victim to other negligent drivers on the road. In some cases, auto accidents are caused because of a dangerous roadway or intersection and in other cases they are caused by product defects in the vehicle.

Depending on who or what caused the auto accident, experienced New York auto accident lawyers may be able to file a claim on your behalf to seek fair compensation for your injuries, damages and loss. In cases where another individual has been negligent or there was wrongdoing on the part of another person or entity, New York personal injury lawyers may be able to file wrongful death claims on behalf of deceased victims' families. Such claims compensate victims' families for medical and/or funeral expenses, loss of wages, loss of companionship and other related damages.

An ironworker, who was working at the Sept. 11 memorial construction site was hospitalized with hip and arm injuries after a construction accident in New York when he slipped and fell 20 feet. According to this news report, Guido Castro was on a break when he slipped on metal decking on the construction site and fell down one level. The worker was apparently wearing a safety harness, but it was not hooked because he was on a break. Castro sustained serious injuries.

Construction accidents mostly result in catastrophic injuries or death because most of them involve falls from a higher elevation. Injuries include brain injuries, broken bones and paralysis. In most of these cases, workers are unable to return to work permanently or for an extended period of time, putting them and their families under tremendous financial strain.

The skilled New York personal injury attorneys at Wingate, Russotti & Shapiro will be able to investigate these construction accidents and determine who should be held responsible. Often, these construction site accidents occur because someone was negligent or did not follow mandated safety procedures. In many cases, the negligence could be on the part of someone other than the worker's employer. In such cases, claims may be filed against these negligent parties in addition to workers compensation claims.

Workers and their families may be able to receive more compensation to offset medical bills and other expenses they face during such hard times. If you or a loved one has been seriously injured in a construction accident, please contact the experienced NY construction accident lawyers at Wingate, Russotti & Shapiro for a free and comprehensive consultation.

Two people died in a New York motorcycle accident following a collision with another vehicle. According to this CBS News report, Robert Williams Jr. and his passenger Sherry Moulton died in the fatal motorcycle crash. They were both 40 years old. Williams was reportedly driving a 2007 Harley Davidson when he passed a dump truck and then crashed into a car, which was making a left turn into the driveway. Williams and Moulton were thrown off the motorcycle and suffered fatal injuries.The driver of the car, who has not been identified, and his passenger sustained minor injuries.

Serious auto accidents have a devastating impact on the injured victims as well as their families. When you are injured in an auto accident in New York, the first step is to make sure you get proper medical care and attention. Once you have taken care of yourself, it would be in your best interest to contact experienced New York car accident lawyers, especially if you believe that you or a loved one was injured by a negligent driver.

Who is a negligent driver? Such a motorist could include someone who is speeding, running a red light, breaking traffic regulations, driving recklessly without any regard for public safety, or driving under the influence of alcohol or drugs. In such cases, it is most important that you consult with skilled NY personal injury attorneys who will help protect your rights and make sure you get the compensation and justice you rightfully deserve. Injured in an auto accident? Please contact Wingate, Russotti & Shapiro today to schedule your free consultation and case evaluation.

The death of a Wal-Mart employee who was crushed to death by “Day after Thanksgiving” shoppers could have been prevented had Wal-Mart taken the necessary safety precautions, federal officials said. According to an Associated Press news report, the U.S. Department of Labor's Occupational Safety and health Administration (OSHA) is slapping a $7,000 fine on the nation's largest retailer for inadequate crowd management after the wrongful death in Long Island of Jdimytai Damour.

Federal officials who are issuing the citation said effective planning and crowd management could have prevented this fatal New York on the job injury. Wal-Mart has 15 days to respond to the allegations. OSHA is imposing the maximum allowable fine of $7,000 on Wal-Mart. The agency usually issues such serious citations when "death or physical harm is likely to result from hazards about which the employer knew or should have known."

Employers in New York State have the duty to provide their employees with a safe and secure work environment. In some cases, work-related injuries are caused by third parties – those other than the employers. Experienced Long Island workplace injury attorneys can help injured workers and their families commence lawsuits against these third parties. These types of claims are usually worth a lot more to injured workers and their families than New York workers compensation benefits. In such claims, additional damages such as pain and suffering, loss of wages, and medical expenses can be claimed, in addition to workers compensation benefits. For more information about your legal rights and options, please contact Wingate, Russotti & Shapiro for a free consultation.

One man died and two others were injured in a car versus truck accident in New York State. According to this news report, 37-year-old Roberto A. Vasquez was driving a tractor-trailer rig north on Route 60 in he town of Charlotte when a southbound GMC Envoy crossed into the northbound lane directly into Vasquez's path. Donald F. Lines, 65, the driver of the Envoy was killed and his wife, 69-year-old Georgianna E. Lines, was seriously injured in the crash. Vasquez apparently tried to take evasive action, but the GMC hit the nig rig and came to rest on the west shoulder of the roadway, New York State Police officials said. Lines was pronounced dead at the scene while his wife suffered head injuries. Vasquez sustained neck and back injuries in the NY auto accident.

According to the Department of Transportation statistics, there were 3,206 large truck accidents in New York State in 2007 involving both fatal and non-fatal big rig accidents, a significant increase from 2,874 truck accidents in 2006. Some of these truck accidents are caused by truck drivers while others are caused by drivers of passenger vehicles.

If you or a loved one has been seriously injured in a New York truck accident, it would be in your best interest to contact New York's skilled truck accident lawyers at Wingate, Russotti & Shapiro for a free consultation and case evaluation. We will thoroughly analyze the facts of the case, determine whose fault the accident was and make sure the negligent parties are held accountable and you get fair compensation for your injuries, damages and loss.

A Staten Island pedestrian accident inflicted critical injures on a newspaper delivery man after he was struck near the intersection of Arthur Kill Road and Wood Avenue in Tottenville. According to this news report, Arthur Santos, 42, was seriously hurt while completing his route on the Staten Island street. Santos was hit by a Nissan Maxima while crossing the street. Police said the 19-year-old driver was going at about the 30 mph speed limit. He has not been charged or arrested pending an investigation. Santos has been taken to an area hospital in critical condition.

Each day in New York and in the United States, innocent pedestrians are injured by reckless or negligent motorists. Very often, it is the pedestrian who suffers catastrophic injuries as a result of the collision, not the motorist who strikes the pedestrian. The effects on injured pedestrians can be quite serious including broken bones, paralysis, brain injury, spinal cord injuries or death. If you or someone you love has been seriously injured in a Staten Island pedestrian accident, please contact a skilled Staten Island personal injury attorney to find out more information about your legal rights and options.

According to 2002 pedestrian accident statistics, more than 4,800 pedestrians were killed and 71,000 pedestrians suffered injuries in traffic accidents. Every 7 minutes, a pedestrian was injured in a traffic accident. Experienced New York car accident lawyers can help analyze all aspects of the case and make sure that the negligent parties are identified and held accountable for the pedestrian accident. Please call Wingate, Russotti & Shapiro for a free consultation to discuss your pedestrian accident or auto accident case today.

The family of a woman who died on a hospital floor struggling to get up while staffers ignored her, has settled a New York wrongful death lawsuit against New York City for $2 million, according to this news report in the Insurance Journal. Esmin Green's death was recorded on a hospitals security video. Green, a 49-year-old psychiatric patient, was apparently waiting for 24 hours at the city-owned Kings County Hospital when she collapsed on June 19, 2008. Green was on the floor for nearly an hour without anyone stopping to help her. She died from blood clots.

When you go to any hospital, it is your belief that you would get quality care and attention. However, very often, that does not happen. In many New York medical malpractice cases, negligence or wrongdoing on the part of medical practitioners – be it doctors, nurses, technicians or hospital staff – could result in serious injury or as it happened in this case, death.

In such cases where negligence or wrongdoing causes fatal personal injuries, families of deceased victims are able to file what are known as wrongful death claims. Such claims basically provide compensation to victims of those who have died because of someone else's negligence or wrongful actions. These claims generally compensate victims' families for pain and suffering, medical/funeral expenses, loss or earnings, loss of companionship, and emotional distress. If you have lost a loved one because of someone else's negligence or wrongdoing and would like to pursue your legal rights, please contact New York's skilled wrongful death attorneys at Wingate, Russotti & Shapiro for a free consultation.

New York City Fire Department officials are saying that 59 people suffered injuries in a three-vehicle pileup on New York City's Brooklyn Queen's Expressway. According to a news report in the New York Post, a casino bus, another bus and a tractor-trailer collided. Six people were taken to the hospital, but their injuries were not life-threatening. Other injured victims were treated at the scene of the auto accident in New York. Officials are still looking into the cause of this multi-vehicle crash.

Bus accidents in New York have the potential to cause major injuries and deaths. It is fortunate that this bus accident did not result in such devastation. Bus companies – private or public – owe their passengers the "utmost duty of care." What this means is that they owe their passengers the duty to take them to their destination safely. If the bus accident is the bus driver's fault or if it was caused because of the driver's negligence, the bus company can be held liable for injuries caused to passengers. That is also true for other motorists or pedestrians injured by buses.

If you or a loved one has been injured in a New York bus accident, truck accident, or car accident, you would be well-advised to consult experienced New York auto accident attorneys who will vigorously fight for your rights and make sure you receive fair compensation for your damages. Remember that it is best not to talk to insurance companies, attorneys for bus companies or sign any settlements until you have retained a knowledgeable New York personal injury attorney who can counsel you on the best course of action. Please call Wingate, Russotti & Shapiro today to find out more information about how to pursue your legal rights.

Romano Dion Price, 23, was killed in a New York DUI auto accident the morning of April 23 after his 1993 Honda was struck by a suspected drunk driver, the Staten Island Advance reports. George Baldini Jr., a sex offender who has been accused of driving drunk and causing this fatal car accident, has been charged with vehicular manslaughter. Baldini apparently had a blood alcohol content of .082 percent when he broadsided Price's Honda at the corner of Forest Avenue and Manor Road. It is illegal in the state of New York, as it is in all other states, to drive with a blood alcohol content of 0.08 percent or more.

If you have been seriously injured or if you have lost a loved one as a result of another driver's negligence, then you could be entitled to compensation to cover medical/funeral expenses, loss of earnings, pain and suffering or other related damages. Where negligence or wrongdoing are involved, families of deceased auto accident victims can file Staten Island wrongful death claims, which will help them secure fair compensation for their loss. Drunk driving constitutes criminal negligence. Drivers who cause serious injury or death by operating a motor vehicle under the influence can be held civilly and criminally responsible for such negligence.

If you or a loved one has been seriously injured by a drunk or negligent driver, because call the skilled and experienced New York personal injury lawyers at Wingate, Russotti & Shapiro, LLP for a free consultation and case evaluation. We will fight for your rights and make sure you get the justice and compensation you rightfully deserve.

A man was killed in a Harlem DUI auto accident in New York and his ambulance got into an accident as well as it was rushing him to the hospital, according to this news report. The 20-year-old DUI auto accident victim was struck at West 120th Street and Seventh Avenue. His ambulance, which was on its way to St. Luke's Hospital, collided with a car at Cathedral Parkway and Manhattan Avenue. A second ambulance then took the victim to the hospital where he was pronounced dead. The driver of the car that initially struck the victim has been arrested for driving under the influence.

Every year, in the United States, 17,000 people are killed in alcohol-related auto accidents. The drunk drivers who cause these serious injuries and fatalities must be held responsible for their actions. According to 2002 New York traffic statistics, there were 1,522 traffic related deaths of which 478 (31 percent) were alcohol-related.

The New York attorneys at Wingate, Russotti & Shapiro have experience in all areas of personal injury and wrongful death. Our firm works with experts to investigate your case and determine who was at fault. Our attorneys have an excellent understanding of the intricacies of New York's No-Fault Law as well as issues relating to uninsured/underinsured motorist coverage. If you or a loved one has been injured by a drunk driver, please contact the New York drunk driving victim lawyers at Wingate, Russotti & Shapiro for a free consultation.

The U.S. Food and Drug Administration has announced that drug maker Genentech has withdrawn the psoriasis drug Raptiva from the market because of its link to drug related injury, one of which is a fatal brain infection. According to this news report, Raptiva could cause potential risk of patients developing progressive multifocal leukoencephalopathy or PML, which is a rare, serious, progressive neurological disease caused by a virus that affects the central nervous system.

Raptiva is an injection psoriasis patients take weekly to treat moderate to severe plaque psoriasis. Genentech estimates that 2,000 patients in the United States may be receiving Raptiva for chronic plaque psoriasis. FDA officials have told doctors nationwide not to initiate new Raptiva treatment and talk to their patients about alternative treatments and therapy.

All drugs have side effects, but when drugs cause serious or fatal side effects leaving you in worse shape than you were when you started treatment, something is horribly wrong. The New York pharmaceutical drug litigation lawyers at Wingate, Russotti & Shapiro, LLP, have represented numerous clients and their families over the years that have been injured by dangerous and defective drugs put on the market by drug manufacturers without proper testing or research.

If you are the victim of a defective or dangerous drug in New York, you could be entitled to compensation to cover medical expenses, additional treatment costs, pain and suffering, and loss of earnings. Please call us today to schedule your free consultation. We will remain on your side, fight for your legal rights and make sure that these drug makers are held accountable for their negligence.

Vincent Frodella, 80, was killed in a hit-and-run pedestrian accident in New York after he wandered into Meadowbrook State Parkway. The Alzheimer's patient wandered away from his home onto the roadway, according to an article in the New York Newsday. Frodella was found in a southbound lane of the roadway and was pronounced dead at a hospital. The vehicle or vehicles that struck him did not stop or remain at the scene and are being sought by police. Frodella's family was just notifying Nassau police when officers told them about the fatal pedestrian accident. Anyone with information is asked to call 631-756-3300.

In New York, the law requires all motorists to stop at the scene of an accident – whether it involves other vehicles, bicycles or pedestrians. The law requires drivers to provide identification and insurance information. This is the law in New York whether or not the accident was the driver's fault. In this case, it is entirely possible that the elderly man wandered into traffic lanes and the driver who hit him could not stop in time to avoid the collision. But that does not give the driver the right to leave the scene of a car crash in New York and leave the injured victim lying on the roadway.

If you or a loved one has been injured in a New York hit-and-run pedestrian accident, please contact an experienced New York personal injury attorney at Wingate, Russotti & Shapiro to find out how we can help you pursue your legal rights and obtain fair compensation for your injuries, damages and loss. We will investigate the incident thoroughly, carefully examine police reports and determine who or what caused the accident and resulting injuries. Please call us today to schedule a free and comprehensive consultation.

Michael Campisi, 47 of North Carolina, was killed in a Central Islip motorcycle accident in New York, according to a news report in New York Newsday. The incident happened following a collision with a Cadillac Escalade. Randy Bracciodieta, another motorcyclist who was hit, was taken to a local hospital where he was treated and released. Michele Cordingley, 46, the driver of the Escalade has not been cited or charged pending an investigation.

Cordingley told police that after traveling about 100 feet on Connetquot Avenue, she heard something strike the side of her vehicle. She then saw the motorcyclists and the motorcycle. Apparently, Cordingley did not see the two motorcycles that were also traveling on Connetquot Avenue. Bracciodieta tried to swerve his motorcycle to avoid the collision, but wasn't able to do so.

It's very common for drivers of passenger vehicles or larger vehicles to miss motorcyclists or bicyclists. This could especially happen at an intersection where drivers of bigger vehicles tend to look for other bigger vehicles, but fail to look for motorcycles, bicycles or pedestrians. However, this is no excuse and would still amount to negligence and the likelihood of needing a skilled NY personal injury attorney. In almost all accidents, investigators also look into whether drivers were operating under the influence of alcohol and/or drugs.

If you or a loved one has been injured in a New York motorcycle accident, please call a knowledgeable and experienced New York motorcycle accident lawyer at Wingate, Russotti & Shapiro for a free consultation and review of your case. We will work hard make sure that your legal rights are protected and that the negligent driver is held accountable for his or her actions.

According to a MSNBC report, the turboprop plane that crashed in a cemetery in Butte, Montana killing all 14 passengers on Sunday, March 22, 2009 was made to hold only ten people. At first, the National Transportation Safety Board (NTSB) said they thought the plane could hold eleven people. The plane left Oroville, CA and was heading towards Bozeman, MO when it changed course to Butte without the pilot indicating any problematic issues to air traffic controllers. Acting chairman of the NTSB, Mark Rosenker, said that investigators want to find out if the plane was over its weight restrictions; however, people should not jump to conclusions that overloading was the cause of Sunday’s crash.

Seven of the fourteen victims of this fatal plane accident were children under the age of ten. Passengers were on their way to a high-class Yellowstone Club for a family skiing holiday.

“We were going on a vacation with all the grandkids,” said Irving M. “Bud” Feldkamp, who lost two daughters and their families in the accident. “They were all excited about skiing.” According to the article, Feldkamp leased the airplane that crashed. He said he, his wife and another daughter had driven to Montana for the trip.

Our hearts and deepest sympathies go out to the family and friends of those who died in this catastrophic aviation accident. It is such an unimaginable experience for anyone to have to endure the death of a loved one, whether because of a plane accident caused by the negligence of an airline, mechanical failure, or pilot error.

Continue reading "Tragic Aviation Accident Kills all 14 Aboard still Under Investigation" »

A vehicle breakdown led to a New York car accident that killed 71-year-old Christel Bieroth-Rock of Manhattan on the Saw Mill River Parkway on March 23, 2009. According to this article in The Journal News, Bieroth-Rock was waiting in her stalled 1992 Honda Civic after calling AAA for assistance when her car was rear-ended. The crash occurred minutes after the woman had called AAA, Westchester County police officials said. Bieroth-Rock's Civic had some type of mechanical malfunction. That roadway apparently did not have a shoulder, so Bieroth-Rock waited in her car, the news report said.

If you have been injured in an auto accident in New York because of someone else's negligence, you are entitled to compensation. Such negligence could involve driver error, inattention, alcohol/drugs, or a dangerous roadway. You could be compensated for medical expenses, cost of medication, hospitalization, future treatment, loss of wages, property loss or damage and other related expenses.

If you or a loved one has been injured in a New York auto accident, please contact New York's experienced car accident attorneys at Wingate, Russotti & Shapiro LLP to schedule your free consultation and case evaluation. We have successfully handled thousands of cases involving New York motor vehicle accidents. Our top New York personal injury lawyers have won millions in compensation for clients who were injured because of someone else's negligence. Our experienced lawyers have an excellent knowledge and understanding of New York's No-Fault Law as well as uninsured/underinsured motorist coverage issues. Call us today to find out more about your legal rights and options.

Two workers, who were hired to paint the Queens and Bronx bridge towers, were injured after a large overhead sign fell on to the roadway. According to this news report, the sign and metal support system feel after it was struck by a truck near the Queens side of the Whitestone Bridge. According to the Metropolitan Transportation Authority officials, the two contract workers were in the truck at the time of the construction accident in Queens.

Every year, thousands of workers are killed or seriously injured on the job. New York workers compensation laws are designed to make sure that workers who are injured, disabled, or killed on the job receive compensation for their monetary losses. These laws also provide workers compensation benefits for the families and dependents of those workers who are killed because of work-related injuries or illnesses.

Workers compensation benefits are in place to help employees who are injured on the job. But they are usually not sufficient to fully compensate injured workers for all damages sustained as a result of their work-related injuries. These benefits are definitely not enough to compensate a family for the loss of their primary breadwinner, much less the loss of a beloved family member.

If you or a loved one has suffered serious injuries on the job, please contact New York's top work accident injury lawyers to find out more about your legal rights and options. We will look at all the aspects of your case. If you are a contractor or subcontractor, we will look into all the parties that were involved. The knowledgeable and experienced New York personal injury attorneys at Wingate, Russotti & Shapiro LLC will make sure that you are fairly compensated for your injuries and losses.

A suspected drunken driver injured a group of people when his speeding vehicle jumped a curb near the street intersection of Steinway Street and Northern Boulevard. According to a news report in the Daily News, 24-year-old Renis Kuci was driving a BMW near the El Noa Noa discotheque in Astoria when he hit the curb.

The Queens car accident happened when the BMW went out-of-control running down a group of people who had just stepped out of the discotheque, crashing into a FDNY call box and coming to a stop against a concrete wall. Police arrested Kuci, a Woodhaven resident, on charges of operating a motor vehicle while intoxicated, refusing to take a Breathalyzer test and reckless driving. Kuci hit a total of six people in the New York auto accident. Their injuries have been described as not life-threatening and ranging from gashes, bruises and broken bones, she said.

Continue reading "Queens Auto Accident Caused By Suspected DUI Driver" »

A woman, who died in a recent automobile accident on the New Jersey Turnpike when the sport utility vehicle she was in got struck by a big rig, has been identified as 68-year-old Ruby Riggins. According to this report, Riggins, a Brooklyn resident, was a passenger in the SUV that was being driven by Mellie Riggins, 68, also of Brooklyn.

The tractor-trailer accident happened near the Exit 5 interchange when the truck that was trying to make a right turn and drive across the lanes of the highway to get to the exit ramp crashed into the SUV. Mellie Riggins had stopped the SUV on the left shoulder when the tractor-trailer driver, Christian Campagna, 28, of Sicklerville, slammed right into the vehicle, officials said. The impact overturned the truck spilling its load onto the highway causing the southbound side of the turnpike to be closed. Ruby Riggins died at the scene of the auto accident while Campagna and Mellie Riggins suffered injuries.

Continue reading "New Jersey Big Rig versus Auto Accident Kills New York Resident" »

A 44-year-old man suffered serious injuries after he was pinned under a tractor-trailer that became disabled on the Long Island railroad tracks. The man was then struck by a locomotive at the Long Island City grade crossing, according to this report in New York Newsday. Officials said the Long Island train accident occurred as the man tried to help free a tractor-trailer that had become stuck on the railroad grade crossing as a train approached. The man was trying to lift the safety gate but the locomotive crashed into the truck pushing it more than 30 feet along the tracks. The injured victim was transported to the hospital.

In most serious injury cases, be it an auto accident in New York or a train accident in Long Island, it costs the injured victim and his or her family a lot of money to pay for medical costs and related expenses. Many victims also take a heavy loss because of lost income. It could take these victims weeks or months to completely recover from their injuries and return to a normal life. If an accident was not your fault or was caused by someone else’s negligence, it is in your best interest to retain the services of an experienced Long Island personal injury attorney who will help protect your rights and secure fair compensation for the injuries, damages and loss suffered.

If you or a loved one has been injured in a New York auto accident or train accident, please contact a knowledgeable and skilled New York auto accident lawyer at Wingate, Russotti & Shapiro, LLP for a free consultation and case evaluation. Call us today to get more information about your legal rights and options.

The family of Charla Nash, a woman who was attacked and seriously injured by a chimpanzee, is seeking $50 million in damages against the chimp's owner, Sandra Herold, saying she was negligent and reckless. According to this CBS news report, the lawsuit states that Herold knew the 200-pound chimp was agitated when she asked Nash to come to her house on Feb. 16.

The 55-year-old Nash lost her hands, nose, lips and eyelids during the horrific mauling, which lasted about 12 minutes. The attack crushed several bones in her body. Nash may have also suffered brain damage and permanent loss of vision, the suit states. Doctors are looking into the possibility of a face transplant. The chimp was shot and killed by police.

If you or someone you love has been serious injured as a result of someone else's negligence – be it in an auto accident in New York or as a result of a dog or animal attack – you deserve to be compensated for your injuries, damages and loss.

Authorities are still thinking about whether to file criminal charges against Herold. The chimp had apparently bitten two other people before – once in 1996 and another time in 1998. Herold was also warned by a former animal control officer in 2003 that her pet's behavior was cause for concern.

It is critical that you consult with an knowledgeable and experienced New York personal injury attorney, who will remain on your side and fight for your legal rights. Please call Wingate, Russotti & Shapiro LLP. to find out how we can help protect and uphold your rights.

The Piedmont Medical Center has been instructed recently by a York County jury to pay damages due to hospital negligence amounting to over $4 million to a South Carolina couple, The Charlotte Observer reported in an article. The couple, Robin and Brice Wilson, had lost their infant daughter during her birth due to a brain injury.

Sierra Wilson had been born in 2003 at the hospital but lack of oxygen caused her to suffer a critical brain injury and she died of complications from cerebral palsy within a few months, the article said. The Wilsons had stated in their lawsuit that the hospital failed to note the child needed emergency intervention because a nurse trainee assigned to the expectant mother misread fetal heart monitoring data. Hospital officials reportedly defended their actions in the care that had been provided to the Wilsons and are now evaluating their legal options.

Unfortunately birth injuries caused by medical negligence are extremely common in the United States. Medical facilities of all types, small, large and well established are all, for a variety of reasons, prone to causing injury accidents and fatalities due to misdiagnoses, failure to diagnose or not taking immediate and corrective measures. It is estimated that in New York alone more than 3% of those admitted to hospitals will be seriously injured because of negligence of some type.

The New York Hospital Negligence Lawyers at Wingate, Russotti & Shapiro, L.L.P specialize in assisting victims who believe they have been seriously injured or families who have lost a loved one because of negligence on the part of a medical facility. Our New York Medical Malpractice attorneys are assigned only a specific number of cases so they can focus on best serving our clients. If you’d like to better understand your legal rights and options in your hospital negligence or birth injury case, please contact our office and we’ll be happy to set up a comprehensive initial consultation for you, at no charge.

A two-vehicle accident near Westampton has killed 61-year-old Johnnie Dixon, a Willingboro resident and proved to be the third motor vehicle related fatality crash of 2009 to occur in Burlington County. According to a recent news report in the Burlington County Times, the Burlington tractor-trailer accident happened on Woodlane Road in icy conditions when the area was under heavy fog.

Dixon was driving his Toyota Avalon on Woodlane Road when a tractor-trailer that was driven by Phillip Hoang, a Westminster, Calif. resident, made a turn on to Woodlane Road from Stemmers Lane. The Toyota went into the trailer section of the truck and became partially lodged under it, the report said. Dixon died at the scene of the NY car versus big rig collision. The truck is said to be owned by California-based trucking company TSJ Transportation.

Based on this news report, the New York auto accident is still being investigated and no charges have been filed yet. However, officials say limited visibility and road conditions may have caused the crash. It is estimated that big rigs and trucks cause one accident every 16 minutes in the United States. Of course, the size and weight of these tractor trailers have a devastating effect on smaller passenger vehicles leaving occupants with serious internal injuries that include internal bleeding, head trauma and broken bones.

At Wingate, Russotti & Shapiro, our experienced New York personal injury attorneys will delve into your case to determine if there was negligence involved and who or what could be held responsible for your automobile accident and injuries. As the injured party, you deserve to be compensated for your medical expenses, loss of wages and suffering.

Call our New York car collision attorneys to discuss your case today.

A scaffold collapse in New York has put a construction worker in hospital with serious injuries to his leg, reports the New York Post in a recent story. The incident happened at the site near the New York Public Library as the scaffold came down on a rooftop trapping the victim under rubble.

According to authorities, the on-the-job injury accident was set off by a bucket filled with construction material that fell from a hoist and crashed into the scaffold that was on top of the building located at 12 E. 42nd Street. The construction work and the scaffold were part of a masonry renovation project, the news report said.

Continue reading "New York Construction Accident Injures Worker" »

A woman is filing for medical malpractice in New York against a surgeon who mistakenly left a surgical sponge inside her brain. According to this UPI news report, 84-year-old Mary Pober’s family alleges that she is constantly at risk for serious head injuries since she lost a portion of her skull in a procedure to retrieve the forgotten sponge. The New York woman must wear a helmet forever because of the damage caused by the surgical sponge left in her head.

According to court documents, there is skin, but no bone covering Pober’s brain. So if she fell, that could become a fatal injury, or even a blow to the head could turn out to be fatal. The surgery in question occurred in September 2008 and was performed by Dr. Ron Alterman of Elmhurst Hospital.

Continue reading "New York Medical Malpractice Of Woman Suing Doctor Who Left Surgical Sponge In Her Head" »

Authorities in Staten Island have arrested a 24-year-old man who they say sped through a red light and slammed into a livery cab killing 50-year-old Mohamed Elnahal and his wife, 52-year-old Mervat Saad Ibrahim. According to this news report, Theodore Ricks is facing a number of charges including manslaughter in the second degree, unlicensed operation of a vehicle, leaving the scene of the accident and possession of marijuana. The car accident in Staten Island left one passenger in critical condition.

This is no doubt a tragic accident. This fatal crash has orphaned the couple’s teenage twin boys. In auto accidents where recklessness, negligence or wrongdoing is involved, families of deceased victims may be able to file a wrongful death claim.

Continue reading "Staten Island Auto Accident Kills Couple " »

Richard Cunningham, 20, was killed in a Sunday night Belle Terre automobile accident that also injured two others, according to an article from the Newsday website. Cunningham reportedly failed to negotiate a curve and crossed lanes hitting an oncoming 2008 Lincoln Navigator.

The two car collision happened on Cliff Road when Cunningham, headed south in his 1992 Ford Mustang, lost control of his car on a curve and hit the Navigator that was being driven by 43-year-old Jeffrey Brett, a Port Jefferson resident. Cunningham died at the scene of the crash and an unidentified passenger in his car whose injuries were described as non-life threatening was taken to Stony Brook University Medical Center for treatment, officials said. Brett was also treated for minor injuries. Sixth Squad detectives are investigating this car accident in New York and have impounded both cars.

Continue reading "Belle Terre Auto Accident Proves Fatal" »

On November 15, the New York Daily News reported in a story that Dimitri Arvanitogiannis, 19, was seriously hurt in an intentional New York hit and run accident. Arvanitogiannis was nearly killed when he was hit by a Honda Civic being driven by another 19 year old whose name was not yet released by the authorities. Arvanitogiannis was taken to New York Hospital Medical Center of Queens where doctors were treating him for leg and head injuries and is expected to survive.

Witnesses say that after being kicked off a party bus at Bayside High School in Queens for smoking and fighting, three young men exited the party bus that carried 40 young partygoers. Next they jumped into their Honda Civic and began racing up and down Kennedy Street. Finally the driver of the Civic turned his anger towards the crowd and ran over Arvanitogiannis.

A friend of Arvantogiannis who witnessed the New York auto accident, Matt Pavich, 19, cried "How did this happen?" Pavich’s shirt still marked with blood. "Dimitri didn't do anything to deserve this. It's all senseless."

Continue reading "Queens Hit and Run Accident Seriously Injures Teen" »

The New York Times reported in an article on October 30, 2008 that Jolanda Joyce, 28, fell down an elevator shaft shortly after midnight. Fortunately for Joyce she was only on the 1st floor and managed to avoid serious injuries after falling an estimated 5 to 10 feet in this elevator accident in Manhattan. Joyce was on the first floor of a Manhattan complex located on 404 East and 105th Street waiting to take the elevators to go upstairs.

Joyce had this to tell the NY1 cable news channel: “I turned around to get my phone from a friend and I opened the elevator door and I took a step and I just fell. There was no elevator there.” Joyce was treated for her injuries from the NY elevator accident at St. Luke’s Hospital.

In order to board this old-fashioned elevator, a person must use a handle on an outside door to open the door, doing so allows people to board. Suspensions were handed to the team who had responded to the initial outage report in the building; this according to Tino Hernandez, chairman of the Housing Authority. Hernandez had only this to say about a preliminary review “revealed that standard procedures may not have been followed.”

Continue reading "Manhattan Elevator Accident Injures Woman " »

The parents of a 21-year-old man, who was killed two years ago when his Jeep fell off a 90-foot cliff at a Rockaway Township quarry, have filed a wrongful death lawsuit against the operator of the quarry and a restaurant where the man drank before the fatal accident occurred. According to an article from NJ.com, Thomas and Barbara Schultz filed the lawsuit on behalf of their deceased son Matthew Quinn Schultz.

The couple alleges that the company Tilcon knew the Mt. Hope quarry site was dangerous and an “attractive nuisance” to trespassers and fun-seekers, but failed to install gates and secure the facility.

The couple also named Charlie Brown’s Steakhouse as a defendant, alleging that their son, who worked at the restaurant, became heavily intoxicated there after finishing his shift on the night of the accident. The lawsuit alleges negligence on the part of the defendants and seeks damages for loss of enjoyment of life and the pain and distress Schultz suffered before his death.

Continue reading "Rockaway Township Auto Accident Results in Parents Filing Wrongful Death Lawsuit " »

The ny1.com website reported in a story on October 24, that a principally high number of pedestrian accidents in New York occurred on that particular Friday. Sadly, two of those accidents resulted in the wrongful death of two senior citizens while leaving several others injured.

The first terrible tragedy occurred in Manhattan when James Dong, 60, was struck while attempting to enter his vehicle at 106 Bowery Street in Chinatown. According to the authorities, the truck driver did not seem to realize he had struck someone as he left the scene. The police are investigating this as a hit and run.

The second wrongful death occurred in a pedestrian accident in Brooklyn when Bridget Morrissey, 74, was crossing the street at 75th Street and 14th Avenue in Dyker Heights, when what is described as a grey colored vehicle hit and killed her. This incident is also being investigated as a hit and run because this driver also left the scene without stopping.

Continue reading "New York Pedestrian Accidents Occur In Large Numbers In One Day, 2 Dead" »

A report on the ny1.com website spotlights the story of Cecelia Torres 16, who is a member of Keystone Leadership club in East Harlem. Cecelia successfully petitioned the city’s department of transportation to install a traffic light on the intersection of 101st Street and Third Avenue. Without Cecilia’s concerted efforts to keep her neighborhood safe, the light would have never been installed, says the department of transportation.

Cecilia took it upon herself to write the department of transportation a letter after having almost been run over more than once in a pedestrian accident in New York. She noted that it was particularly scary trying to cross the street with younger children in tow.

Margaret Forgione, DOT Manhattan borough commissioner said, "We consider several factors, including accident history, average vehicle speeds, and the amount of pedestrians who cross the intersection each hour. Some requests never meet any of these warrants, but here at 101st and 3rd we determined the intersection was busy enough, during certain hours of the day, for the request to be granted."

Continue reading "Harlem Pedestrian Accidents Motivate Teen To Get Traffic Light Installed" »

A recent article in the NY Daily News explains that the City Council has demanded that the Housing Authority immediately upgrade its most dangerous elevators. This follows the Housing Authority’s announcement that they would be replacing 550 frequently malfunctioning elevators in New York over the next five years.

“I need to be able to tell my constituents that the elevators in the most need … are the ones being replaced,” City Councilman David Yassky explained.

Outages and safety problems have long plagued NY public housing elevators – a problem that turned fatal in August when 5 year old Jacob Neuman plunged 10 stories to his death while trying to escape a stalled elevator in Brooklyn’s Talyor Wythe House.

Continue reading "New York Elevator Accidents To Be Prevented" »

The website ny1.com reported in an article on October 30, that relatives of Ramadan Kurtaj from New York and beyond gathered to pay homage at the scene of the crane accident in New York that ended his life. Family members laid flowers and a wreath in his memory. Located on 91st and First Avenue, a construction crane came crashing down on Kurtaj killing him along with crane operator Donald Leo.

Kurtaj family attorney Susan Karten said, “This crane shouldn't have been on the street because it was 24 years old. There are signs and different reports saying that there was fatigue. And this is not the kind of equipment that should be used in a city that’s state of the art in every other respect but not with respect to the lives of construction workers.”

Karten indicated that the family would be filing suit seeking damages from the crane company as well as the general contractor. Furthermore they are requesting that the District Attorney and the Occupational Safety and Health Administration make public their findings into this dreadful work related accident.

Continue reading "New York Construction Crane Worker Commemorated " »

According to a report, Vijay Aranha, a Forest Hills man whose elderly mom was struck by a car while crossing Metropolitan Ave., is leading a movement to improve safety along the busy street. On October 24th, his 74 year old mom, Mable, was struck on Metropolitan Ave and 70th Road. The New York auto accident left her with a broken leg and internal bleeding.

“The traffic has become horrendous”, explained Aranha, 43. He believes the Queens pedestrian accident occurred because the driver who struck his mom and then fled the scene was enraged about the street being too crowded.

To deal with the problem, Aranha wants the city to construct speed bumps on side streets and also add things like left turn signals and signs that prohibit trucks from entering certain smaller roads. The city has decided to install a left-turn signal from Metro into a shopping complex on Trotting course Lane to help prevent pedestrian accidents in Forest Hills.

Continue reading "Forest Hills Pedestrian Accident Inspires Desire For Safer Street" »

A 47-year-old woman who had suffered serious spinal injuries from a fall while boarding a Metro-North Railroad car has been recently awarded more than $500,000, The Journal News reports. According to the article, Karen McIlvenny, 47 slipped on the icy platform of the Brewster train station while boarding, causing her to fall into the gap between the car and the platform.

The December 2003 accident had caused “permanent injuries" to McIlvenny’s sacroiliac joint, found at the base of the spine, and her pelvic bone and will require long-term medical care, the report said. State Supreme Court Justice Andrew O'Rourke of Putnam County awarded McIlvenny $518,000 in compensation, including $228,000 in lost income, $250,000 for physical pain and mental suffering, and $40,000 for out-of-pocket expenses.

Continue reading "New York Train Accident Victim Wins Award" »

A commuter plane – Continental Connection Flight 3407 from Newark, N.J. -- missed the Buffalo airport coming in for a landing and crashed into a suburban house in a fiery crash. According to this Associated Press news report, 49 people aboard and one person in the home were killed in this nation’s first deadly crash of a commercial airliner since 2006. Two others inside the home, Karen Wielinski, 57, and her 22-year-old daughter, Jill, escaped with minor injuries.

Official reports state that the plane was new and had a clean safety record. William Voss, the current president of the Flight Safety Foundation, proposed that the nearly vertical drop of the plane suggests a sudden loss of control. He also said that mechanical failure or ice forming on the plane’s wings could have caused alteration in aerodynamics in this New York plane crash.

Apparently, witnesses heard the 74-seat Q400 Bombardier aircraft sputtering before it fell directly through the roof of the house, shooting flames at least 50 feet high.

Continue reading "Clarence New York Plane Crash Tragically Kills 50" »

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.

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.

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.

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.

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.

An Avon teenager had pleaded not guilty in a deadly DWI truck accident in New York that killed a 16-year-old boy in October. Aaron Boop, 19, faces four felonies and three misdemeanors including vehicular manslaughter and DWI charges, according to this news report. Nicholas Zajac, 16, was ejected from the pickup that Boop was driving after Boop went off the road and hit a tree near the Monroe and Genesee County line. Boop was sent to jail without bail.

This article also states that traffic investigators collected evidence at the scene including some blood and tissue. They also collected a DNA sample from Boop. Prosecutors call it a “pretty severe motor vehicle accident.”

Drinking and driving is illegal in New York. Underage drivers will and should face severe penalties when they drink and drive, especially when the incident involves severe or fatal injuries to a person other than a driver. In such cases, the suspected drunk driver will very likely not only face criminal manslaughter charges, but could also be held civilly responsible for the injuries or death he or she caused as a result of his or her negligent behavior.

If you or someone you know has been severely injured or killed in a New York DWI or DUI crash, please call an experienced New York wrongful death attorney or personal injury lawyer at Wingate, Russotti & Shapiro LLP. for a free consultation. We will financially pursue the negligent parties involved and wrongdoers to make sure that you get justice and the fair compensation you rightfully deserve.

Another Crash Occurs on Dangerous Stretch of Staten Island Roadway

Alfred Spinelli, 37, was hospitalized after he crashed into a pole located on a controversial roadway on Staten Island, which many neighbors have said has been a dangerous roadway for motorists, the Staten Island Advance reports. Spinelli’s crash took place barely feet away from the location where four teenagers were injured days earlier when the driver lost control of her vehicle as she veered into a foot-deep drainage ditch and then crashed into a tree.

Julieann D’Amato’s father, Benny, said the city is responsible for the condition of Bloomingdale Road, which lacks a white line to delineate the edge of the asphalt. Benny D’Amato told the Advance that his daughter has been crying since the Staten Island auto accident and has been traumatized by it.

Thousands of Americans die each year because of dangerous conditions on roadways and intersections that are not properly maintained by municipalities or governmental agencies that are responsible for maintaining them. In this Staten Island case, the governmental agency in charge of that roadway failed to paint a white line or install some type of marker to caution drivers. It is basically poor road design on the part of the city.

People who get injured or killed on dangerous roadways have the legal right to sue the governmental agency responsible for maintaining that roadway, which caused them the injury. Victims must prove that a dangerous condition existed at the time of the accident, that the injuries were caused by such a condition and that the agency in charge had knowledge of such a deficiency on their roadway. Most states including New York have time limits within which such claims must be filed. So victims and/or their families would be well-advised to contact an experienced New York personal injury lawyer at the earliest to discuss their case and analyze their legal options.

Former Blink-182 drummer who suffered severe burn injuries in an aviation accident has filed a product liability lawsuit against the aircraft and tire manufacturer seeking compensation for damages and personal injury. According to this news report, Barker alleges in his lawsuit that the Learjet crash caused him “great physical, mental and nervous pain and suffering.” Court papers also state that Barker’s injuries from the plane crash will result in permanent disability.

Barker has filed the lawsuit along with Thelma Martin Still, the mother of Barker’s associate Charles Still, who died in the Learjet crash along with three other passengers. Barker and DJ AM were the only survivors. Still has sued four companies for wrongful death, pain, suffering, mental anguish and loss of earnings. The companies that have been named in the lawsuit include Clay Lacy Aviation, Inter Travel and Services Inc., Goodyear Tire and Rubber Company and Bombadier Inc.

Product liability lawsuits may be filed when victims suffer personal injuries or lose a loved one as a result of a dangerous or a defective product. In this case, experts believe that a tire blowout may have caused this fatal aviation accident. The lawsuit also alleges that the companies involved knew about the defects in the aircraft, but still allowed it to operate.

The purpose of product liability lawsuits and goal of product liability lawyers is not only to secure fair compensation for injured victims or families that have suffered the loss of a loved one, but also to punish product manufacturers who knowingly put such dangerous and defective products in the market.

According to a story published Wednesday in the New York Times, Lloyd Nicholson, a 35 year-old guard at Riker’s Island, was arrested and has been charged with gang assault, assault, and official misconduct by the Bronx district attorney’s office. This transpired after it is alleged that guard Nicholson encouraged one group of inmates to assault another group for his purpose of maintaining order and enforcing prison discipline.

The Times story reported that the charges against Nicholson are a result of his direction to six inmates to beat three other inmates-resulting in one being treated for a collapsed lung. The six inmates were charged last October in the beatings. Apparently Nicholson rewarded the inmates who followed his directions by allowing them to take personal property and telephone privileges from other inmates. It is reported that authorities have indicated that Nicholson personally beat another inmate with a stick. According to the Times article, the motive for Nicholson’s actions was apparently that it freed him up from having to monitor his assigned post during his overnight shift.

Continue reading "JAIL GUARD PROMOTES VIOLENCE" »

In a classic example of the duty that municipal entities have to provide a safe environment for the public at large, a New York Times article reports that New York City has agreed to pay Mr. Shriram Agni a 6.5 million dollar settlement for injuries he suffered in Staten Island. Mr. Agni, 61, was on his way home from work in October 2003 when the Staten Island Ferry rammed into a concrete pier crushing his right leg. Mr. Agni was unable to return to work for a year after he suffered his injury. In addition to Mr. Agni, 11 people died that October day in 2003, and dozens more were injured.

The Times reported that according to the city Law Department approximately two thirds of the 186 claims have been settled, costing the city more than 34 million dollars. Of the $34 million, two of the largest settlements included a man and a woman who lost both legs. Each of them received payments of 9 million dollars.

The settlement comes after federal judge Edward R. Korman of the United States District Court in Brooklyn denied the city’s attempt to cap damages for those families who had family members killed and to those who suffered New York personal injury in the ferry crash. The city made an argument that damages incurred as a result of the crash could be capped under an 1851 law that limited any boat owner’s liability to the value of the boat, minus repair costs. In this case, if that law had applied the damages would have run in the neighborhood of 14 million dollars.

Continue reading "SETTLEMENT REACHED IN STATEN ISLAND FERRY CRASH" »

One of our partners, Kenneth Halperin, was quoted recently in an article about Jessica Hinkmon, the woman who fell into a Manhattan sidewalk grate while walking to work this month.

"It sounds like someone was probably negligent," said Kenneth Halperin, a lawyer at Wingate, Russotti & Shapiro.... "I'm sorry, but you just can't have people falling through the sidewalks in the city of New York."

New York City is full of pedestrians, which means we have more than our fair share of pedestrian accidents. While we think the above article overstates the reasons to be afraid while walking through midtown Manhattan, accidents do happen. We’ve successfully litigated many New York pedestrian accidents, including one in which a man walking his dog was seriously injured by a driver who later pled guilty to a DWI; it settled for $2.5 million. Just because there was no car involved in Ms. Hinkmon’s accident doesn’t mean that she couldn’t recover significant damages, if she chooses to pursue them. In fact, we’re willing to bet that the defective grate was the fault of a government agency or a business, in which case she would be suing an organization with more insurance than many drivers -- as well as a legal duty to anticipate and avoid situations like this.