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Tag Archives: personal injury

Statistics show more injuries from certain vehicle models involved in a crash

The Highway Loss Data Institute (HLDI) compiles data on car accidents, injuries, accident-related death as well as financial losses from a collision.  Their research shows that some particular models of cars and trucks are more likely to result in personal injury of the driver or passengers. According to a recent report on vehicles manufactured between 2014 and 2016, the smaller and lighter cars are more likely to result in crash injuries or death compared to larger and heavier vehicles. Note is made that despite advances in safety design, additional airbags and other innovations, many vehicles still leave occupants at greater than average risk for injury when a motor vehicle collision occurs. Watch groups work to pressure vehicle manufacturers and designers to produce safer cars and trucks in hopes of preventing people from getting hurt in an accident or even worse. However, some say that corporate profits often take precedence, leaving the average citizen at risk for injury or death. They believe that expensive safety features are left out in order to maximize sales and profits, leading to a dangerous situation. If you or someone you know has been injured in an accident, you can speak to an expert accident attorney for advice and to find out your rights. See this article for more about the vehicles that may leave you more vulnerable to wounds during a car crash.

Photo for illustrative purposes only. Photo Credit: Jason Burwen [License]

$600,000 Settlement -- Home Health Aid Injured in Nassau Car Crash

New York — A 52-year-old woman who was working as a home health aid suffered severe accident injuries in a car accident. The car was owned by her employer and being driven by a friend of the employer, who both died during the car crash. The injured woman consulted with the expert lawyers of Morrison & Wagner and filed a personal injury lawsuit against the estates of the employer and driver. The estates agreed to pay the injury victim $600,000 in damages.

Illustrative Photo (Altered to obscure license plate and address): Todd Dwyer [License]

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Heart failure, age blamed for fatal car crash (VerdictSearch)

Amount Recovered: $600,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
ankle; other-laceration; other-tendon; severed/torn foot/heel-foot; neurological-nerve damage/neuropathy (nerve damage, peroneal nerve)

Case Type: Motor Vehicle – Speeding, Passenger, Single Vehicle

Date: June 15, 2007

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, L.L.P.; New York, NY

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Facts:

On March 26, 2003, the plaintiff, 52, was working as a home health attendant for defendant A, at defendant A’s home in Westbury. On this day, defendant B invited defendant A out to dinner and offered to drive. The three of them go into the garage, and the defendant B sat down in the driver seat of defendant A’s vehicle, while the plaintiff and defendant A got into the back seat. The vehicle then sped out of the garage, down the driveway, turned right and crashed into a house across the street. Defendant B, who was driving, was found unconscious at the accident scene and having sustained multiple injuries. He later died without having regained consciousness. Defendant A was also killed in the accident. The injured plaintiff claimed that as a result of the collision her feet became trapped under the front passenger seat and that she sustained severe lacerations of her right ankle and toes.

The woman accident victim sued defendant A’s estate and defendant B’s estate. She alleged that defendant B, as the driver, was negligent in the operation of the vehicle and that defendant A, as the vehicle owner, was vicariously liable for defendant B’s actions.

Defendant A’s estate commenced a separate action against defendant B’s estate, alleging that defendant B was negligent in the operation of the vehicle. The matters were joined for trial. However, the action by defendant A’s estate settled on Sept. 25, 2006, and the plaintiff’s matter continued against both defendants.

The woman claimed that defendant B was negligent for pulling out of the garage and driveway at an excessive rate of speed and for failing to keep proper control of the vehicle. Plaintiff’s counsel argued that defendant B should not have been driving at his advanced age of 86.

Defense counsel alleged that defendant B suffered a stroke or heart attack once he was behind the wheel and that this caused defendant B’s erratic driving. The defense contended that since this was an unforeseen event, there was no liability. Plaintiff’s counsel argued that there was no medical evidence to prove that defendant B had suffered either a heart attack or stroke.

Injury:

The plaintiff was placed in an ambulance and transported to Winthrop-University Hospital, in Mineola. She remained in the hospital for eight days and was diagnosed with compound lacerations of the dorsal aspect of the right foot, including lacerations of the extensor digitorum communis tendons and extensor digitorum brevis tendons of toes 2 through 5, and a laceration of the peroneal nerve in the right ankle. The car crash victim underwent operative repair of the peroneal nerve injury the day after the accident, followed by approximately 26 weeks of physical therapy, but she complained that it was not successful.

The plaintiff claimed that the lacerations of her right ankle and toes caused a loss of function to the long extensors of the lateral toes. She alleged that she was left with a club foot and had trouble walking. She sought recovery of damages for her past and future pain and suffering.

Defense counsel contended that the plaintiff made a good recovery from her injuries following the surgery. The defendant’s orthopedic expert determined that the surgery was successful and that the woman’s toes were OK. However, he found that she did experience a loss of sensation to the lateral two-thirds of her right foot due to the peroneal nerve laceration. He determined that the plaintiff could not actively extend her lateral toes, but that they were in a neutral position and did not curl downward or upward. Thus, the expert concluded that the woman did not suffer a disability.

Result:

The parties agreed to settle prior to trial for $600,000. Of the total settlement, defendant B’s estate paid $500,000, and defendant A’s estate paid $100,000.

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Judge: Howard R. Silver

Editor’s Comment: This report is based on information that was provided by plaintiff’s and defense counsel.

Westchester, New York train accident injures and kills multiple victims

New York – A commuter train crash occurred in the town of Valhalla in Westchester in the middle of the rush hour commute home. The train slammed into an sport utility vehicle (SUV) that had been stopped on the railroad tracks for an undetermined reason. Witnesses report that the railroad crossing gates came down but possibly hit the car. Reports show that the driver of the car got out of her vehicle briefly but then got back in and tried to move forward. However, she was unable to get off of the train track in time and the resulting train versus car accident pushed the SUV and caused it to burst into flames. The car fire then spread to the train, putting hundreds of train passengers at further risk. Officials say that six accident victims were killed in the crash, with one of them being the driver of the car. At least 15 other people were reported to have suffered injuries in the collision. Several of the injured people were listed as in serious condition. However, a top New York accident lawyer noted that some personal injury victims aren’t aware of some injuries or that some symptoms are actually related to an accident. Accident victims are encouraged to speak to their doctor or go directly to an emergency room if they are concerned about possible or unclear injuries. More about the train and SUV collision along with a video is available here.

Illustrative photo by AEMoreira042281 (Own work) [CC BY-SA 3.0], via Wikimedia Commons

Dangerous chemicals and additives in Halloween supplies

Public safety activists are outraged at the latest findings of hazardous chemicals found in children’s holiday costumes and other Halloween products. Scientists were given over 100 holiday costumes, decorations and party favors to determine if they had been tainted by known toxic chemicals or additives. In fact, they even found products that come in contact with food, such as trick-or-treat bags, to be laced with bromine, a chemical with dangerous health consequences. Reports describe the various unhealthy chemicals that were tested for, including bromine, mercury, cadmium, arsenic, phthalates, lead and polyvinyl chloride (PVC). Experts explain that the health hazards from these chemicals can range from brain damage, endocrine or hormone problems, cancer, asthma, learning disabilities and birth defects. The testing was performed on holiday items that were sold in major retail stores such as Target, Walgreens and Walmart. Even a major pharmacy chain, CVS, was found to be selling these dangerous products. Activists warn that stores, manufacturers and importers of these products maintain responsibility for their actions and face negligence lawsuits, personal injury claims and even wrongful death charges if they are found guilty of knowingly putting consumer health at risk. The public is advised to seek immediate medical attention if illness or injury is suspected from a hazardous product. They also have the right to consult with an injury lawyer to determine if they are entitled to compensation for their injury, disorder or a death. See this article for further information on the recent hazardous product investigation.

Illustrative photo by Lotues Wosheang (Own work) [CC-BY-SA-3.0], via Wikimedia Commons

Concern mounts over 911 dispatching errors in New York City

New York — The new 911 emergency call and dispatch system in New York City (NYC) was just installed a few weeks ago but has already been implicated in dangerous delays in ambulance responses. Reports have surfaced about a long delay in dispatching an urgent request for an ambulance for a pedestrian accident with a car this past week. The car accident occurred when an unlicensed teen driver tried to speed away from police in his SUV. The reckless driver hit two pedestrians, a young child and her grandmother, when he ran up onto a Manhattan sidewalk. Witnesses reported that the ambulance took too long to arrive at the car crash scene, where the victims suffered significant accident injuries. The child crash victim died soon after arriving in the hospital’s emergency room and some wonder if this could have been prevented. Some public safety specialists warn that the new 911 computer system is not working properly and needs to be fixed before more people are injured or killed. Reports continue to surface about other emergency 911 calls that have been delayed or lost for significant amounts of time by the new computer system. Some citizen activists and dispatchers explain that there have been calls that have been lost in the system for an hour or more but they feel that the administration refuse to acknowledge or correct the problems. Instead, they say, the dangerous condition has become folly for disputes between the city and emergency worker’s union. A top injury attorney noted that extended delays in dispatching police, fire and ambulance services may be construed as professional negligence and therefore be grounds for a personal injury or wrongful death lawsuit. Currently, the fire department commissioner claims that this mistake occurred when a dispatcher ignored the call for help that was clearly on her computer screen. Further investigation is underway with several experienced dispatchers insisting that the city is ignoring the real problem of serious computer glitches in the system. You can read more about the investigation and controversy into the new 911 dispatching system here.

Photo by Jason Pack (This image is from the FEMA Photo Library.) [Public domain], via Wikimedia Commons