New York Injury Talk Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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Posted In: Construction Accident , Personal Injury , Wrongful Death

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

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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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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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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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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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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 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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As a partner and trial lawyer at the New York Personal Injury Law Firm of Wingate, Russotti & Shapiro, William P. Hepner was a recent guest on CBS news discussing products liability concerns regarding re-sale of items, specifically yard sales. The CBS video refers to a new law made to protect consumers so that they do not purchase any items that have been previously recalled. In his contribution to the report, William P. Hepner explains that if a recalled or defective product is re-sold to an innocent buyer, whether at a yard sale or by other means, and that consumer is injured or even killed, the individual responsible for selling the item can be held accountable for damages in a lawsuit.

Does this mean that if you’re having a yard sale, you need to check every single item to see if it has been recalled before you put it out for sale on your lawn? Even though it may take some time and careful attention, the answer if you want to prevent injuring another person and being sued is, “Yes.”

Continue reading "William P. Hepner Discusses Products Liability at Yard Sales on CBS News" »

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Posted In: Personal Injury , Product Liability & Recalls , Product Recalls , William P. Hepner , Wrongful Death

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Three workers died in a New York City on-the-job accident at a waste transfer plant after being overcome by hydrogen sulfide fumes, the Engineering News-Record reports in an account. The men apparently suffered fatal injuries while trying to escape an 18-foot-deep hole filled with three feet of water at the Regal Recycling Plant Co., which is a private water transfer plant in Jamaica, Queens.

Among the victims were a father and son who were apparently trying to clean out a backup in the hole. The son lost his balance and fell in when the dad went in after him. The father and another worker who went in the well were overcome by the deadly gas. According to Occupational Safety and Health Administration (OSHA) records, Regal's recent violations included improper floor and wall openings and inadequate respiratory protection for workers. Regal was ordered to pay thousands of dollars in fines for these serious safety violations.

Every year, thousands of workers are killed or seriously injured on the job in New York. This happens in spite of state and federal regulations as well as industry standards that require employers to implement a wide variety of safety measures. New York workers compensation laws are designed to make sure that employees who are injured (or in this case families of deceased workers) receive fair compensation for their loss. However, workers compensation is usually not enough to fully compensate injured workers or their families for all damages sustained in a work-related accident.

Continue reading "Queens On-the-Job Accident Kills Three Workers" »

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

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A 25-year-old New York woman was killed in a motorcycle accident after her motorcycle hit the back of a box truck in on the Interstate 95 in Greenwich. According to this news report in the Stamford Advocate, the woman fell off her Kawasaki Ninja motorcycle after striking the truck as she tried to move from the left to the center lanes. After falling off her bike, the woman was struck by another motorcycle and a car, the news report stated. She was pronounced dead at the scene. No one else was injured.

According to the National Highway Traffic Safety Administration (NHTSA), there are about 4 million registered motorcycles in the United States. Motorcycles are gaining popularity with Americans because of their low initial cost and good fuel efficiency. Motorcycle accident fatalities represent 5 percent of all highway fatalities each year, but motorcycles represent only 2 percent of all registered vehicles in the United States.

One of the main reasons motorcyclists are killed in motorcycle accidents in New York and throughout the United States is because the motorcycle itself provides no protection in a crash. For example, about 80 percent of reported motorcycle accidents result in injury or death. Only 20 percent of other auto accidents result in injury or death.

Continue reading "Motorcycle Accident Kills New York Woman" »

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

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A dangerously or defectively designed or maintained roadway can result in serious auto accidents in New York causing significant injuries or even death. A new study by the Pacific Institute for Research and Evaluation shows that more than half of the highway auto accident fatalities in the United States are related to dangerous or deficient roadway conditions.

According to this news report, dangerous roadway conditions is a substantially more lethal factor than drunk driving accidents, speeding or even lack of using seatbelts. Ten roadway-related car crashes occur every minute and also contribute to 38 percent of non-fatal injuries.

There is no question that making our roadways safer is necessary to reduce highway fatalities and related costs. Safer drivers and safer cars remain important factors. However, if we place a strong focus on improving road safety conditions as we do in urging people not to drink and drive, we would save thousands of lives and billions of dollars each year. According to this study, New York ranks fifth among the top 10 states that spend the most money in crashes involving deficient roadways.

Continue reading "Dangerous Roadways Cause More Highway Fatalities than Drunk Drivers, Study Finds" »

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

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

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

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

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

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

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

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

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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A man was killed in a New York City subway train accident the morning of March 17, 2009, according to a CBS News report. NYC Transit authorities are looking into how and why the wrongful death in New York occurred at the Lexington Avenue and 60th Street supway station. Officials are also looking into how the victim came to be on the tracks.

For millions of New Yorkers, the subway is the primary mode of transportation. We use it routinely to get to work, school and other destinations. Unfortunately, we hear about fatal accidents and minor slip and fall accidents in New York on the subway, either because of poor conditions in the subway or because of a train operator's negligence. Sometimes, proper warning signs are not posted to warn subway riders about the dangers that could cause them to get seriously injured or killed.

In New York, the Transit Authority is responsible for maintaining the subway system and can be held liable for any injuries caused to subway riders. If you have been seriously injured, or if you have lost a loved one as a result of a subway accident, please contact an experienced New York subway accident attorney at Wingate, Russotti & Shapiro LLP to find out more about your options and legal rights. You may be entitled to monetary compensation to pay for medical expenses, pain, suffering, loss of earnings and other damages. We will fight for you rights and make sure that you receive the justice and compensation you are entitled to. Call us today for a free consultation and evaluation of your case.

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Posted In: Slip & Fall , Subway Accidents , Wrongful Death

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

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

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

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

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The man who was hit and killed in a NY car versus pedestrian accident near Park Avenue recently has been identified as 31-year-old Jason Partridge. According to a news report from Newsday.Com, Partridge, a Brentwood resident, was struck by a 2004 Honda as he was crossing Suffolk Avenue.

Apparently, the driver of the Honda, Gloria Layedra-Aguas, 19, was headed east on Suffolk Avenue and was in the left lane when she hit Partridge, who was crossing the street from the north to the south, the article said. Partridge died at the scene while Layedra-Aguas, who had suffered injuries to her hand, was taken to an area hospital for treatment. Her car has been impounded for a safety check and the pedestrian accident in Suffolk County is under investigation.

Continue reading "Suffolk County Auto Accident Kills Pedestrian" »

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

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

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

Continue reading "Staten Island Auto Accident Kills Couple " »

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

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

Continue reading "Belle Terre Auto Accident Proves Fatal" »

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

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

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

Continue reading "Manhattan Elevator Accident Injures Woman " »

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Posted In: Elevator accident , Personal Injury , Wrongful Death

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

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

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

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

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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

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

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

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

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

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The parents of a New Jersey man killed nearly two years ago have filed a lawsuit against the driver of the vehicle, The Star-Ledger reports. The plaintiffs, Norma Jean and John Grieves, alleged that driver Adam Gibbon was “careless and negligent” when he wrecked his Audi S4 on March 13, 2007 on a road in Washington Township. The couple’s son, 25-year-old Christopher Grieves, who was a front seat passenger in the Audi, died from injuries suffered in the crash.

Gibbon apparently crashed the car into a utility pole. Both men were wearing seatbelts. The wrongful death lawsuit also identifies unnamed entities as defendants who are stated to be responsible for clearing the snow and ice on the roadway and for defective design of the roadway. Gibbon was indicted January 7, 2009 on a second-degree death by auto charge. Prosecutors allege Gibbon drove recklessly and caused Grieves’ death.

Continue reading "Wrongful Death Lawsuit Filed By Parents Of Auto Victim" »

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Posted In: Automobile Accidents , Wrongful Death

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

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

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

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

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Posted In: Aviation Accidents , Personal Injury , Wrongful Death

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The family of a Wal-Mart employee, who was trampled to death inside a New York store during a post Thanksgiving sale, has filed a wrongful death lawsuit against the major retailer. According to this CNN news report, 34-year-old Jdimytai Damour was crushed as he and other employees tried to unlock the doors of the Wal-Mart at Green Acres Mall in Valley Stream, New York, the day after Thanksgiving.

The wrongful death lawsuit alleges that Damour’s death was caused by the “wanton disregard for public safety and gross negligence” on the part of Damour’s employer. Damour’s family was shaken up after they heard that he died of asphyxiation.

Trust, refused comment on the lawsuit in a statement issued Wednesday.

Many details about how this could have occurred at a large retail outlet will hopefully emerge as a result of this wrongful death lawsuit. Did Wal-Mart have enough security in its store to make sure employees were safe? Were employees given adequate training about how to handle the large crowds especially on Black Friday when the number of people crowding stores like Wal-Mart is exceptional?

If Wal-Mart is determined to have been negligent in training its employees or providing them with adequate security then they will likely be held liable for the wrongful death of Jdimytai Damour. A wrongful death claim is typically filed in cases where there is evidence of negligence or wrongdoing on the part of a defendant that caused the plaintiff’s death. In such cases, defendants may make a claim for compensation to cover medical or funeral costs, loss of wages, pain and suffering and other damages.

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Posted In: Wrongful Death

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Man Ejected from Car during Crash Killed on Staten Island Expressway

A 52-year-old man reportedly died of injuries he suffered during an auto accident on November 25, 2008 on the Staten Island Expressway. According to this news report, the victim, who has not yet been identified, was taken to an area hospital after the car he was a passenger in careened into a guardrail on the Staten Island Expressway near its merge with the West Shore Expressway. The driver was reportedly traveling at a high rate of speed. The victim was ejected from the vehicle over the guardrail and fell down to the ground. It is not clear yet how and why he was ejected.

It would be very interesting to see how and why this man was thrown out of the vehicle. The main question here would be: Was the victim wearing his seatbelt? And if he was, did it fail at the time of the accident? If the victim was thrown out of the vehicle as a result of a defective seatbelt, which failed at the time of the accident, then his family members can file a product liability lawsuit against the auto manufacturer.

Seatbelts could be defective because of a manufacturing defect or a design defect. An experienced New York auto product defect attorney will be able to determine using experts how and why this accident occurred and who should be held responsible for it. Victims’ families may be entitled to significant compensation for their personal loss, loss of future wages (especially if the deceased victim was the family’s primary breadwinner) and other related expenses.

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

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Antonio Romano, 55, died in a Staten Island pedestrian hit-and-run accident on November 3, 2008, the Staten Island Advance reports. Romano was found about 20 feet in front of his black 2008 Honda Accord on North Railroad Avenue near the intersection of Atlantic Avenue. He had suffered massive head trauma and was taken to the hospital in critical condition, where he died.

Police are still trying to figure out who may have struck Romano and left him to die on the street. It is not known exactly what Romano was doing there at the time of the crash. Eyewitnesses said the hit-and-run driver seemed to have stuck Romano and his Honda, which had suffered some damage to the driver’s side window. A passer-by saw Romano lying on the street and called emergency personnel.

We certainly hope police apprehend whoever committed this heinous act and bring them to justice. Hit-and-run is not only an appalling act, it is also a crime. It is against New York law to leave the scene of an accident. New York state law requires drivers involved in an auto accident in New York to remain at the scene of the accident and exchange driver’s license and insurance information with the other driver or drivers. It is necessary to stop and exchange information even if you believe the accident was not your fault. If there are injuries involved, the driver is required to stay at the scene and render aid to the victim, if it is possible to do so safely.

The hit-and-run driver in this Staten Island auto accident should be held civilly and criminally responsible for causing this accident and then leaving the victim to die. Romano’s family should call a leading Long Island personal injury attorney to find out more about their legal rights and options.

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

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Casey G. Mehlinger, 47, of Shirley, New York, died in a motorcycle accident in Upper Tulpehocken Township on November 28, 2008. According to this article, Mehlinger was riding his motorcycle along Bloody Spring Road near Route 183 when his motorcycle crossed the westbound lane, left the road and hit a tree. Mehlinger was thrown off his motorcycle. He was pronounced dead in an area hospital. He was wearing a helmet. However, the news report states that he died of head injuries suffered during the crash. Mehlinger was apparently the 51st person to die on Berks roads this year.

New York Motorcycle accident injuries are on the rise not only in New York but across the nation. According to the National Highway Traffic Safety Administration’s (NHTSA) latest statistics, motorcycle fatalities have increased from 4,387 in 2006 to 5,154 in 2007 – up by 6.6 percent, which accounted for 13 percent of all motor vehicle accidents. The number of motorcycle injuries has also significantly increased from 88,000 in 2006 to 103,000 in 2007. That is a 17 percent increase. If you think the increase in fatalities is because more people are riding motorcycles, consider this statistic – fatality rates in most years have outpaced registration rates. For example, from 2005 to 2006, when motorcycle registrations actually decreased by 1.6 percent, fatality rates increased by 5.7 percent.

Motorcycle accidents occur because of a variety of reasons. In solo vehicle crashes, the most common causes apart from driver error or speeding are a mechanical malfunction or product defect in the motorcycle or a dangerous condition on the roadway that caused the rider to lose control of his vehicle.

It is in the Mehlinger family’s best interest to contact an experienced New York motorcycle accident attorney to find out about their rights and legal options. In cases where there is negligence or wrongdoing involved – be it a defective auto product or dangerous roadway – families of auto accident victims are eligible to receive compensation for medical or funeral expenses and loss of future wages.

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Posted In: Motorcycle Accidents , Personal Injury , Wrongful Death

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An 82-year-old woman has died from injuries she suffered in a Nov. 7 chain reaction car accident in Henrietta that injured several people, according to this news report. Sally Erwin died on November 22, 2008. The incident reportedly occurred on East Henrietta Road when a vehicle rear-ended a second car, which was then pushed into the oncoming lane hitting a third car. Six people suffered injuries and were taken to an area hospital.

Clearly, this is a complex auto accident that requires in-depth investigation. The injured victims and the family of Sally Erwin would be well-advised to retain the services of a truly experienced New York auto accident attorney who will determine what went wrong here and who should be held responsible for the accident, injuries and fatality. The wrongdoer, if he or she was operating under the influence, must be held criminally and civilly responsible for the injuries and loss.

If you or someone you love has been serious injured or killed in a New York auto accident, please call an experienced and knowledgeable Manhattan personal injury attorney at Wingate, Russotti & Shapiro, LLP. for a free and comprehensive consultation. We will fight hard to protect your legal rights and secure fair compensation for your injuries and loss.

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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Jason Shein, 21, was killed in a Farmingdale head-on collision which officials say was caused by a suspected drunk driver. Persi Esquivel, 46, has been arrested on manslaughter and 11 other charges. According to a news report in Newsday, Esquivel lost control of his 2000 Ford Explorer, crossed the double yellow line and slammed his SUV head-on into Shein’s 1998 Chrysler Sebring convertible. Shein, who was home for Thanksgiving break from the University of Miami, was pronounced dead at the scene of the fatal SUV accident.

All except one of Shein’s passengers have been treated and released. One 21-year-old man remains in the hospital in serious condition. Esquivel has apparently had several priors that involve DUI, the newspaper report stated.

There is no question that this is a huge tragedy for the Shein family. We hope Esquivel is brought to justice. It is surprising that this man with his rap sheet, especially his prior DUIs, was still able to drive with a valid license in the state of New York. He was said to be on probation at the time of this fatal Farmingdale car accident. Esquivel should be held criminally and civilly responsible for his negligence and callous disregard for human life and public safety.

Families of deceased victims in the State of New York are able to recover compensation from negligent parties in an auto accident. These family members could receive compensation for funeral expenses and loss of future wages, among other losses. Families who have lost loved ones in such tragic accident where the fault is obvious, should contact a New York auto accident attorney, who has the knowledge and experience with such cases and can secure them the compensation they rightfully deserve.

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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

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

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

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

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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