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Suing a child for a personal injury in New York

car and bicycle accident

At first, the thought of an adult suing a child seems ridiculous and even petty, but there are cases where it may be warranted, especially in personal injury law. Imagine you are walking through Central Park on a weekend afternoon, enjoying the fall weather. Suddenly a rock, thrown by a child who looks no older…

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Can you sue for falling on a bus?

bus interior

New York City has a huge and convenient public transportation system that includes MTA buses running 24/7. Although bus travel is generally thought of as safe (otherwise we wouldn’t send our children to school on them), accidents do happen to passengers riding the bus. One common accident is unseated passengers falling while the bus is…

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The most common spring personal injuries

bicyclist and car on street

When the weather grows warmer, people spend more time outside. While the fresh spring breezes are both healthy and uplifting, melting snow and ice create damp and slippery conditions that turn indoor and outdoor surfaces into hazards. Increased car and bicycle traffic and the presence of more dog owners walking their pets also contribute to…

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Injured abroad during spring break vacation?

ankle sprained examining

Injuries don’t always happen close to home. They can also occur when we’re traveling for work or pleasure. There’s something about being injured abroad that is especially unsettling. We’re miles from home and possibly dealing with different standards of medical care and even laws that apply to your accident. If you’re planning to go abroad…

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New York State police drone program kicks off

drone

On January 10 New York State launched its inaugural aerial drone program. The stated goal of the new initiative is to help state police facilitate traffic safety, respond to emergencies such as forest fires and multi-vehicle crashes, and complete key law enforcement functions. Four State Police drones are presently in action, covering eight counties in…

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Wearable technology in personal injury claims

running with smartwatch and cars

From the Apple Watch to the FitBit to the Motorola 360, wearable technology has made rapid inroads into our lives. Depending on the device, we can use it to track our fitness levels, send emails and text messages, call people and more. Now it could help validate your personal injury claim. Smartwatches as evidence Smartwatches…

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How does the eggshell skull rule affect a personal injury case?

eggs concert for personal injury eggshell skull rule

Imagine that you’re driving through the Bronx, en route to meet friends at a newly opened cocktail lounge. When you stop at a red light, a distracted driver rear-ends you. Your seat belt prevented you from hitting your head on the windshield, but your injuries are still serious. This is because you have osteogenesis imperfecta,…

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How does “foreseeability” affect a New York personal injury case?

future

Our actions sometimes have unexpected consequences, but to what extent are we liable when these actions cause someone to get hurt? The answer to this question plays a pivotal role in determining whether or not we can be held responsible when an act of negligence on our part results in a personal injury. Determining negligence…

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Does workers’ compensation include psychological injuries?

psychological injuries concept depressed man

Psychological injuries can be just as traumatizing as physical ones, especially when they are so severe that you cannot eat or sleep. Over time, physical illness can set in. Does this mean that you can collect worker’s compensation for mental stress allegedly experienced on the job? In New York it’s certainly possible, but the success…

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Can part-time employees receive workers’ compensation in New York?

Worker’s compensation plays an indispensable role in the nation’s employment system. It ensures that if you are injured while carrying out employment-related duties, your medical costs are covered. Many people, however, wonder if this protection is also extended to part-time employees. The answer is, yes. New York is not an elective state when it comes…

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School bus injuries in New York City

school bus injuries

The holidays are over, and now children all over New York State are returning to their classes. Many of them ride in school buses, which are designed and intended to take them to and from school without incident. Bus drivers are supposed to drive carefully, and the vehicles themselves should be maintained and equipped for…

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Limousine accidents in New York

During the holiday season, the demand for limousine services always skyrocket. These luxurious vehicles, stocked with treats, champagne, and built-in entertainment systems, take passengers to and from airports, hotels, and party venues. Many would argue that no holiday bash is complete without a ride in a sleek and graceful stretch limo. When passengers, drivers and…

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Snowplow accidents in New York City

snowplow

Harsh, snow-loaded winters tend to be the norm in New York State. That is why people using the public roads and highways rely on snowplows to clear these thoroughfares and make them safe to use. It’s not an easy job, but snowplow operators have a moral and legal obligation to carry out their duties without…

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Railroad crossing injuries in New York

The United States has an estimated 209,000 railway crossings spread across over 600 railroads. Although train travel is not as common in this era, the nation’s railroads remain fairly active with commercial freight and, like any transport medium, experience their share of collisions and related accidents. Railroad crossing accidents are typically catastrophic events. A review…

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Traumatic brain injuries

According to the Centers for Disease Control and Injury Prevention (CDC), 2.4 million Americans suffer a traumatic brain injury (TBI) every year, and over 50,000 die from their injury.  At present, it is the leading cause of disability and death in children, young adults, and the elderly. In cases where the victim manages to survive,…

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Texting and driving injuries

New York State law prohibits the use of a handheld mobile phone or portable electronic device while driving. Despite this ban, drivers are pulled over all the time for activities like the following: Talking on a handheld phone Reading, composing, and/or sending text messages Surfing the Internet Viewing, taking, and sending photos Playing electronic games…

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Car accident caused death of 3 on Halloween

It is imperative that this year, we all take serious precautions on Halloween as we should every day of the year. Last year’s car-pedestrian crash in the Morris Heights section of the Bronx highlights faced by car drivers and trick-or-treaters. A truck driver, who was driving a sedan at the time of the accident, twice…

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New York aviation accidents

Aviation accidents are rare, but when they do happen, the outcome can be devastating. No matter what the size of the aircraft -from six-passenger charter planes to huge transatlantic commercial airliners- airplane crashes are more likely to be fatal than their railroad or highway counterparts. Aviation accidents are not limited to crashes. They also include:…

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New York City train accident attorneys

The New York train system is important to the city’s economy and infrastructure. Every year millions of New Yorkers ride the city subway, PATH Train, Amtrak, Long Island Railroad, Metro North, or Port Authority Train to get to and from work, run errands, and visit friends and family. Unfortunately, this vital form of transit also…

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Injured on a New York City bus? Here’s what to do

When you ride the bus to get to work or school or to accomplish an errand, you rely on it to carry you safely to your destination and back. Unfortunately, that doesn’t always happen. Every year literally thousands of people are seriously injured or even killed in bus-related accidents, many of which are caused by…

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Who can I hold liable for a catastrophic injury in New York?

If you have been seriously hurt in a personal injury accident in New York, then there may be multiple parties who can be held liable. To determine whether one or more individuals is liable for the accident, you need to communicate with your New York personal injury attorney as soon as possible. In certain complex…

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What Is negligence and why does it matter for my personal injury case?

negligent driving

In order to have a viable personal injury claim in which you are fighting for compensation, you must be able to demonstrate that the injuries you sustained were associated with another individual’s negligence. When you can demonstrate that the injuries you sustained were tied to another’s reckless actions, you open up the possibility of recovering…

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Three key steps to take post-car accident

There is no doubt that it is an unfamiliar and scary experience to go through a car accident. Even if you are generally an organized person, it is normal to feel like things are chaotic and hectic post-accident. One of the most critical things you can do in this dizzying time is to consult with…

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How does speed influence road safety?

Speed increases both the risk and severity of a car crash. Aside from being against the law, speeding can put you and others at serious risk. This is true even if there are no other risk factors, like distractions or adverse weather conditions, in play at the time of the accident. Across high-income countries, speed…

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Avoiding accidents while taking a tour bus

It is certainly exciting to take a tour bus either around the city or to a location out of state, but you need to understand some basic safety tips in order to protect everyone on board from suffering the consequences of a major accident. Read on to learn more about preventing accidents when you’re part…

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Top tips for commercial vehicle safety

truck driver safety

Did you know that Commercial Vehicle Safety Alliance Operation hosts Safe Driver Week this year from October 18th-24th? The key components of this outreach campaign involve more police vigilance, education about the key issues involved in commercial vehicle safety, and how outreach can aim to reduce accidents. Between 2011 and 2013, more than 12,000 people…

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Senate contemplates delay on rail safety mandate

Just a few months after an Amtrak train derailment claimed the lives of eight individuals, a Senate transportation bill is being debated about extending deadlines for the installation of rail safety systems. According to experts, the installation of this system would have prevented the deadly Pennsylvania accident earlier this year. Some legislators do not back…

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Back to school bus primer: stay safe on the roads

safety school bus children

Although there are clearly documented rules about driving safely around school buses, accidents that injure children, other vehicles, or bystanders can and do still happen. If you are the parent of a child who goes to school, it is important that you go over some critical safety rules and suggestions with your children so that…

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Plan to avoid drowsy driving

Every driver has been there- needing to make a trip but feeling the impacts of being tired or overworked. The human body’s natural circadian rhythms alternating between sleep and alertness intersect with what is known as homeostatic sleep drive. This means that the longer a person is awake, the sleepier he or she becomes. If…

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What evidence should I collect after a truck accident?

Have you been injured in a truck accident? It might feel as though your whole world has been turned upside down, especially if you are looking at serious injuries. Your next steps after an accident are very important for your future, so read on to learn more about the value of collecting evidence and how…

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Man involved in altercation struck by truck in fatal blow

truck in accident injury

In 2012, a truck driver got into an altercation with another truck driver. The first driver was at home when another truck driver who was working came onto the other man’s property with his truck asking for directions. In the end, the off-duty driver was killed by the truck. The man was on the side…

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Bus driver awarded $3.5 million after accident with garbage truck

truck accident

A sanitation department truck hit a bus in Brooklyn while the bus was driving on Decatur Street. The driver, Hunt, claimed serious injuries according to the New York Law Journal in a June 30, 2014 article. He was treated in the hospital after the accident and also the next day. Besides suffering neck and back…

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Liability split in automobile accident court case

car crash attorney

Negligence can be split amongst the two sides Accident details One person was driving a car when he decided to pull over to the left side of the road to check his GPS navigation system. He slowed down and turned his left blinker light on, checked to see if there was oncoming traffic, and then…

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When a dangerous road is not a defective road

highway crash lawyer

In 2005, a dump truck’s breaks failed while it was going down a very steep portion of a highway in Connecticut. The truck hit several cars according to the Connecticut Law Tribune in an August 18, 2014 article. Thirty people were affected by the accident, and half of them were hospitalized and four were killed.…

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A case of dangerous highway guardrails

highway accidents

Highway guardrails are supposed to keep us safe, right? A June 19, 2014 Bloomberg Businessweek article relates the story of a lawsuit that may prove that the end terminals of guardrails are, in fact, dangerous. One man, Joshua Harman’s company, went through a bankruptcy, laying off most of its workers after Trinity Highway Products sued…

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Driver may be liable for passenger’s injuries

car crash

Driving is a very dangerous activity, and it requires a licensed driver or a permit holder to concentrate fully when he or she is on the road and behind the wheel of a vehicle. As a result, one should not be distracted by texting or being on the phone, and one should not drive if…

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Comedian sues Wal-Mart over deadly truck-automobile accident

auto accident

Tracy Morgan, a famous comedian, as well as his assistant and one other person, were injured in a crash that occurred in New Jersey on I-95 on early June around 1 AM according to a July 14, 2014 Businessweek article. The three are suing Wal-Mart because for negligence and reckless conduct because one of their…

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Circumstantial details complicate truck-bus crash court case

bus rear ended accident

A bus owned by the New York City Transit Authority (NYCTA) was hit in the rear by a flatbed truck at West 110th Street and 8th Avenue recently according to the New York Law Journal in an April 1, 2014 article. One of the people riding the bus brought forth a lawsuit asking for summary…

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Tort reform law is invalid

To learn more the basics about torts, read this recent blog: What is a “tort?” Tort reform is when there changes in the current tort laws and the changes are aimed at reducing the number of cases that are brought for tort claims or damages.  Moreover, tort reform laws vary by state.  About three years…

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What is a “tort?”

injuries and torts

Many people are unaware of what the term tort entails. A tort is an injury or harm that one sustains and it can either be private or civil as reported by the Western Producer in an April 17, 2014 article.  Moreover, the injury can be unintentional, meaning that it was caused by an accident, or…

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Wrongful death warrants compensation

Bronx Accident Attorney

A sanitation worker while on duty was struck by a truck while making deliveries in Queens, New York. This caused the worker to become “pinned” between the two vehicles as reported by the New York Law Journal in a January 28, 2013 news article. As a result, the sanitation worker died and his wife brought…

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Fault vs. No fault insurance

auto insurance in court

Every auto owner in the United States must have auto insurance coverage in the state where he or she resides. However, many people do not do this as they shop around for cheap auto insurance and obtain auto insurance in states where the insurance premiums are lower compared to the state where they reside. The…

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Injured passengers suffered minor injuries

Public transportation is essential for most New Yorkers. About five years ago two people while traveling on a bus owned by the Metropolitan Transit Authority (MTA)  were injured when the bus was struck from behind by a tractor trailer. As a result, the two passengers had to undergo “conservative treatment” and physical therapy, and both…

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Charter bus hits bridge after leaving Harvard University

Bus Vehicle Crash

A high school field trip resulted in a group of students injured after their rented charter bus crashed on the way back to school, as reported by the New York Daily News in a February 3, 2013 news article.  A little over a dozen of the high school students and their adult chaperones were injured…

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Failure to stop leads to Brooklyn’s woman’s death

New York Accident Attorney

According to a January 26, 2013 Brooklyn Daily article, a bus accident in Brooklyn leads to the driver walking away and a woman dead. Prior to the accident the woman, Lorraine, was waiting for the BM2 bus with her husband. Due to the cold weather they chose to wait in their car. Once the couple…

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Bus crashes into overpass

accident bus

A bus carrying Pennsylvania high school students returning from Harvard University was involved in a nonfatal crash with an overpass on January 31, 2013 according to a February 3, 2013 Fox News article. The bus driver was not familiar with the roads he was on and was using his own GPS unit just before the…

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Bus driver that crashed waits for sentence to be read

Ophadell Williams is waiting his sentence for 54 criminal charges, including criminally negligent homicide and manslaughter, according to the New York Daily News in an article published Friday, December 7, 2012. Williams was behind the wheel while tired driving towards Chinatown from the Mohegan Sun Casino in Connecticut when the bus crashed into a pole…

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