New York Injury Talk Blog

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

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

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

Continue reading "New York Construction Accident Kills Worker" »

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

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

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

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

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

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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" »

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Posted In: Medical Malpractice , Personal Injury , Wrongful Death

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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" »

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

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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" »

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Posted In: Food Borne Illness , Personal Injury , Product Liability & Recalls , Product Recalls

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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" »

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

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

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

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

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

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

• 2004-2010 Prius


• 2005-2010 Avalon


• 2005-2010 Tacoma


• 2007-2010 Tundra


• 2007-2010 Camry


• 2008-2010 Highlander


• 2008-2010 Sequoia


• 2009-2010 RAV4


• 2009-2010 Matrix


• 2009-2010 Venza


• 2009-2010 Corolla


• 2010 Lexus HS 250h

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

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

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

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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" »

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

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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" »

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

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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" »

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Posted In: Auto Product Liability , Automobile Accidents , Brain Injuries , Personal Injury

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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" »

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Posted In: Medical Malpractice , Personal Injury

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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" »

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

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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" »

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Posted In: Personal Injury , Product Liability & Recalls

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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" »

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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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" »

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Posted In: Personal Injury , Product Liability & Recalls , Product Recalls

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

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

Continue reading "NY Makes Changes to Licensing Laws" »

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

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A 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" »

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Posted In: Automobile Accidents , Personal Injury

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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" »

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Posted In: Automobile Accidents , Bus Accidents , Personal Injury

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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" »

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Posted In: Automobile Accidents , Personal Injury

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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" »

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Posted In: Automobile Accidents , Pedestrain Accidents , Personal Injury

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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" »

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Posted In: Food Borne Illness , Personal Injury , Product Liability & Recalls

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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" »

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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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" »

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

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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" »

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

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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" »

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

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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" »

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

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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" »

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

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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" »

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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" »

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

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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" »

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

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

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

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

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

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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" »

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

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

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

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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" »

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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" »

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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" »

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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" »

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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" »

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

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

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

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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" »

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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" »

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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" »

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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" »

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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" »

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

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

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

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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" »

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

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

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

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

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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" »

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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" »

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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" »

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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" »

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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.

Continue reading "Fatal Staten Island Motorcycle Accident" »

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

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

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

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

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

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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" »

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Posted In: Automobile Accidents , Pedestrain Accidents , Personal Injury

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

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

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

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

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

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

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

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

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

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

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

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

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

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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" »

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Posted In: Burn Injuries , Personal Injury , Product Liability & Recalls

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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" »

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

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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" »

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

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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" »

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

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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" »

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

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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" »

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Posted In: Automobile Accidents , Motorcycle Accidents , Personal Injury

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

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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.

Continue reading "New York Car Accident Kills Eight" »

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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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.

Continue reading "New York Pedestrian Accident Injures Seven" »

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Posted In: Automobile Accidents , Drunk Driving Accident , Pedestrain Accidents , Personal Injury

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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" »

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Posted In: Aviation Accidents , Personal Injury , Wrongful Death

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

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

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

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

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

Continue reading "New York Construction Accident Injures Man" »

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Posted In: Construction Accident , Personal Injury

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

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

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

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Posted In: Automobile Accidents , Pedestrain Accidents , Personal Injury

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

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

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

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

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