Author Archives: Morrison Wagner

December 02, 2013 News
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Train accident in Bronx, New York with fatalities and injuries

New York – A train derailed in a deadly accident yesterday involving a Metro-North train on the Hudson line. The train crash left four people killed so far and dozens injured. The injured victims had to be extricated by rescue crews and were triaged on the scene before being transported to hospital emergency rooms in New York City. The train was scheduled to stop in Grand Central Terminal but wrecked before arriving in the station for an unknown reason. According to officials, the cause of the accident is still under investigation with reports showing that the speed limit on that section of the track was supposed to be 30 miles per hour. Crash investigators were analyzing all evidence to determine if the engineer was speeding at the time of the derailment. They will also need to examine the possibility that the crew could have been drunk or using drugs or even taking prescription medications. Experts note that a drunk driver in the case of a train carries much more serious consequences and punishments. A train crash can lead to many more injury victims compared to a car accident and this potential places a larger burden of responsibility on the train company as well as the individual engineer.

Concerned commuters explain that they are worried about the safety of the trains they travel on since this is the third train accident this year involving Metro-North. Activists have demanded that the administration take additional safety precautions in order to prevent additional accidents. Some feel that safety and maintenance has been lacking, leading to these crashes that have injured and killed many victims. Read more about this train crash here.

Photo by Adam E. Moreira (Own work) [GFDL or CC-BY-SA-3.0], via Wikimedia Commons

November 25, 2013 News
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Partial building collapse injures children in Brooklyn

New York – Two pedestrians were injured when a building’s outer wall collapsed on them yesterday. The accident occurred when heavy winds made the brick wall buckle and fall onto the sidewalk below. The young victims were left with lacerations and other unspecified wounds. They were rescued for emergency teams from the police and fire departments and taken to the hospital for treatment. The New York City buildings department explained that the owner of the building did not properly maintain the store front and therefore issued a ticket to the owner. Building safety falls under the jurisdiction of that department but it was unclear if the wall had been inspected by them prior to it falling onto the children. Negligent maintenance or neglect of public safety can easily lead to injuries or death, as can be seen from other recent building collapse cases. Besides improper maintenance, a building collapse can occur during construction, as occurred in this case in Canarsie, Brooklyn.

Public safety activists in New York insist that weak building structures can be found throughout the area and this needs to be addressed. They say that the owners, mayor’s office, building department and fire department each have a responsibility to inspect and condemn any building or facade that presents a dangerous situation for innocent bystanders. More importantly, these hazards should be fixed before another accident with injuries occurs from another building or wall collapse. You can read about yet another construction accident that killed a worker here. If you or someone you know was injured due to someone’s negligence, you have the right to speak to an injury lawyer for advice.

Photo by Sanseiya (Own work) [Public domain], via Wikimedia Commons

November 18, 2013 News
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Long Island hospital facing medical malpractice lawsuit in alleged surgical error

New York – A woman went to a well-respected hospital in Long Island for a routine ectopic pregnancy operation but has now filed a medical malpractice lawsuit. She developed life threatening complications while in the hospital that left her with both legs amputated below the knees. The woman and her family say that the problems began when the surgeons pierced her colon during the laproscopic surgery. They explain that this puncture was missed by the hospital due to doctor error. This failure to diagnose, notes the family, led to even more serious complications. The patient then developed sepsis, a deadly infection in her blood, and gangrene necrosis, the death of tissues, in her legs. Doctors and nurses in the hospital detailed how the woman then required several months of hospitalization in the intensive care unit (ICU) with antibiotic treatments and various medications. However, the medical care could not prevent the need for amputating the woman’s feet and legs and several other necessary medical procedures. The victim now exclaims that the alleged hospital mistake have left her unable to care for herself and permanently disabled. She is suing the hospital and its doctors, claiming they were negligent in several areas of their medical care. You can read more about her hospital negligence case here.

Photo by Unknown photographer [Public domain], via Wikimedia Commons

November 12, 2013 News
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Government may require companies to disclose workplace injury and illness info

The federal government’s Occupational Safety and Health Administration (OSHA) is currently trying to force large employers to report work-associated illnesses and on-the-job injuries in a new format. This would include digital reporting of the work accidents and diseases so that the information can be published online. Mandatory reporting of occupational injuries and illnesses is not new, rather it’s the goal of publicly posting this information on the internet that is new. At this time, only employers with more than 250 workers would be required to comply with this new safety campaign. Experienced workers comp lawyers in New York applaud this proposal, saying that it can provide employees with the essential knowledge of their boss’ safety record. This empowers the worker to demand better safety compliance and the possibility of protecting themselves from hazardous conditions at work. Some employees or even the general public may even choose to avoid working with a company with an extensive list of workplace accidents. Consumers may also discover that their own safety may be at risk when hiring a company prone to injuries or illness. The accident database could provide the average citizen and worker with the details they need and deserve to know, in order to protect themselves from corporations that sometimes are negligent when it comes to safety regulations. Job accidents can vary from a worker that falls from scaffolding or a ladder to a machine operator who’s hand gets crushed in the machine. Job-associated illnesses can include lung diseases such as asthma, COPD or pulmonary edema; cancers, like squamous cell carcinoma; musculoskeletal problems, such as carpal tunnel syndrome; and chemical exposure at work, such as lead or gasses. This type of required reporting and posting of work-related illness and injury is also expected to prevent dangerous companies from denying a problem. Accountability and safety are expected to improve, according to public safety activists. See this article for more about the proposed injury and illness database.

Photo by U.S. Navy [Public domain], via Wikimedia Commons

November 04, 2013 News
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Bicycle accident in Brooklyn leaves man injured

New York – Witnesses report that a bicyclist was hit by a garbage truck in Brooklyn, NY a few days ago. The truck accident crushed the bicycle underneath its front end and injured the cyclist. Specifics of the accident victim’s injuries were unknown but evidence shows that he suffered at least a leg injury during the crash. Trauma specialists note that bicycle accidents can be quite severe, leaving the injured person with broken bones, neck and back injuries and head injury. They explain that even with the use of a helmet, a bicycle crash can cause a traumatic brain injury and death. Internal injuries and fractures are even more likely and serious when the injury involves a garbage truck accident. Just before the weekend another bicyclist was hit by a garbage truck and was killed.

Several New York traffic and bicycle safety laws are in place to try to prevent accidents, injuries and death. Advocates say that the next step is for police and the courts to enforce those laws in order to truly protect citizens. Some have contended that many of the rules and regulations have been ignored, leading to a dangerous situation that puts everyone at risk. They warn that illegally parked cars, trash left in city bicycle lanes and aggressive or even reckless drivers have been ignored by law enforcement officials. Awareness programs are also sorely needed to educate citizens about their rights in case they were injured in an accident. Experts explain that the most basic right is to speak to an experienced injury attorney about your case. Read more about bicycle crashes, safety and statistics here.

Photo by S. Virji [license]

October 27, 2013 News
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Car crash lawsuits settled after jury awards victims $3 Million

A wrongful death lawsuit and simultaneous personal injury lawsuit ended with an Oklahoma jury awarding the victims and their families $3 Million late last week. The plaintiffs contended that the Toyota Camry accelerated unexpectedly due to a faulty accelerator that should have been recalled several years before the crash. The car accident killed the passenger of the vehicle and seriously injured the driver. Multiple lawsuits and complaints were filed against the car manufacturer with claims that the company was negligent in not fully investigating the dangerous situation and issuing a dangerous product recall immediately. The car company allegedly knew about the hazardous condition but apparently avoided recalling their cars for replacement or repair of the defective parts. Experienced personal injury lawyers believe that many other injured accident victims have yet to step forward. Some note that the car acceleration problem may have contributed to other motor vehicle accidents and this needs to be further investigated.

The recent win for the Oklahoma plaintiffs comes in stark contrast to the New York and California cases that resulted in the car company not being held liable for the car accident injuries. Toyota has reportedly decided to settle the punitive damages aspect of the case in light of the jury’s decision in favor of the plaintiffs. The corporation is likely trying to limit the damage to their image and amount of money that they will need to pay the injured woman and the family of the woman killed in the accident. Consumer product safety specialists explain that this was not just a major win for the accident victims but for all citizens who should be protected from negligence on the part of large corporations. This case will set a legal precedent for injury victims across the country. It should also serve as a warning to companies and factories about the need for proper manufacturing of products as well as prompt investigation and recall of dangerous products. More about the sudden car acceleration lawsuits and product liability case here.

Photo by W. Robert Howell from Charlotte, NC, United States (still here.) [CC-BY-SA-2.0], via Wikimedia Commons

October 21, 2013 News
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Increase in New York City train accidents, injuries and deaths

New York – A recent report by the Metropolitan Transportation Authority (MTA) notes a significant increase in subway and train deaths. Citizens and commuters in the city’s busy transit system have been hit and killed on the train tracks 65 times as of the end of the summer. The number of accidents and deaths has continued to rise since then according to reports. Transportation safety groups fear that this may be an increase that won’t stop unless something is done to prevent further accidents, injuries and deaths. They demand that more be done in way of safety barriers, accident prevention training and proper maintenance. The administration responsible for the safety and health of the people using the subways as well as the workers has looked into possible methods of preventing accidents and even suicides by people getting hit by a train. Unfortunately, according to some sources, the MTA administration has refused to install more safety barriers, fences and railings due to cost. Public advocates have countered that the safety of the public must be the primary concern and the administration must worker harder to find the necessary money. They warn that this type of accident prevention is just as important as the need for continued fixing of broken or faulty equipment. Negligent maintenance is something that also needs to be addressed in order to prevent some of the accidents in the subways, on the tracks and on the train platforms. Experts explain that broken steps, cracked sidewalks or hallways as well as damaged handrails must be fixed without delay. Unfortunately, sometimes these simple hazards are not fixed quickly or properly. Some of these dangerous conditions are just left with a line of yellow construction tape around them, poorly warning bystanders about the true dangers. The fast pace of the public transit system leaves citizens dodging these safety hazards on a constant basis. This can easily lead to a trip and fall accident that leaves the victim injured and confused as to what even occurred.

This past Wednesday saw another pedestrian struck and killed by a train, this time on Long Island. This train accident is still under investigation in order to determine why the pedestrian was hit. Another accident occurred on the tracks in Brooklyn, when a blind man fell off the platform. Luckily a maintenance worker helped save the victim by pulling him back up. Find out more about that near subway accident here.

Photo by Adam J. Sporka at en.wikipedia (Transferred from en.wikipedia) [Public domain], via Wikimedia Commons

October 13, 2013 News
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Two victims of dog attack in New York

New York – An elderly woman and her son were assaulted and bitten by a pit bull dog early this past week. Police had to shoot and kill the dog in order to stop the assault. The two injured victims were rushed to local hospital emergency rooms in Westchester, NY with multiple bites and injuries. The dog bites were being evaluated by the trauma doctors according to reports. Police say that the dog attack began when the family members began fighting and the dog became enraged. Public safety activists warn that this is another example about the dangers of some dogs and the need for additional safety precautions. They point to other victims that were assaulted by a dog as proof that some dog owners don’t properly protect the safety and health of the general public around them. Specifically, pit bulls are known to be very friendly and docile one minute, only to violently turn into an attack dog that can hurt, disable or even kill a victim when something upsets them. Other types of dogs can also be dangerous and need to be dealt with carefully. Activists note that dog owners often ignore basic leash laws or other safety guidelines, creating a hazardous condition for everyone else. Most areas of New York, and even the country, have laws in place that require a dog to be on a leash when out in public. Other pet safety guidelines commonly include a requirement to place a muzzle on a potentially dangerous dog that may bite others. Some dog owners try to downplay the potential dangers involved with owning these pets but repeated deadly dog attacks around the country tell a different story. Citizens that walk along the sidewalks and in the parks of many New York neighborhoods often complain about the safety hazard of dogs running around without a leash and attacking them or their children. A personal injury lawyer explains that this is not just a violation or the law but can leave the dog’s owner liable for injuries and emotional trauma caused to a victim. The owner can be held personally responsible and face a personal injury lawsuit if found guilty of negligence in properly securing their dog. Assaults by dogs have been well known to lead to death of victims both young and old. Wrongful death cases can also be brought against the dog owners, especially when negligence or neglect of safety has occurred. Read more about the recent dog bite attack here.

Photo by I, Jlantzy [GFDL, CC-BY-SA-3.0 or CC-BY-2.5], via Wikimedia Commons

October 07, 2013 News
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Motorcycle road rage incident leads to multiple injuries

New York – A New York City highway was the scene of a road rage attack against the driver of an SUV and his family. Police report that the incident apparently started when a motorcycle gang surrounded the SUV on the highway, causing the driver of the vehicle to fear an assault was about to begin. The driver then quickly accelerated and struck several of the bikers. Investigators say that the motorcycle crash caused several injuries with one of the bikers injured seriously. Family members of that motorcyclist explain that the man may now be paralyzed and unable to walk again due to the accident injuries. However, video footage from the scene has prosecutors thinking that the bikers were not innocent and would not be considered victims at all. The driver of the car then sped away to avoid the gang, eventually ending up on local roads in the Washington Heights section of Manhattan. There, witnesses say, several of the bikers began hitting and breaking open the car windows and then assaulted the driver. They violently pulled the injured driver out of the vehicle and caused head injuries and facial lacerations.

Police are continuing their investigation into the incident that has left several people injured and one hospitalized. They have arrested several suspects and continue to search for others, including several police officers and even one detective. Some lawmakers and public officials have called for a crack down on dangerous motorcycle gangs in the city. They say that the speeding, reckless driving and road rage shown by some gangs must be stopped before more innocent bystanders, pedestrians and drivers get injured or even killed. The driver of the SUV truck explained to reporters that she feared for her life and for the life of her two-year-old daughter that was in the back seat of the car. It was unclear if she suffered any bodily injuries during the attack but doctors will need to further evaluate her in order to determine if she suffered emotional injuries. Specialists note that this kind of incident can leave even bystanders and family members with a post-traumatic stress disorder or other emotional injury. An injury lawyer explained that these types of injuries can also lead to a civil lawsuit besides the criminal charges that the aggressors might face. The assault victim’s injuries will likely require additional treatment and may also lead to a personal injury lawsuit. See this article for more about this road rage case.

Photo by Artur Andrzej (Own work) [CC0], via Wikimedia Commons

September 29, 2013 News
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Doctors advance research on long-term effects of brain injury

Continuing research in the area of brain injuries has allowed doctors to better understand the long-term problems that an accident victim may face. Brain injuries are well-known to cause many kinds of problems for their victims depending on the type and severity of the injury. Severe brain damage can leave the person unconscious in a coma or vegetative state, unable to breath and can eventually lead to death. Moderate injury to the brain can cause post-traumatic seizures, difficulties speaking, hearing or seeing and can cause serious difficulties with physical functioning of the victim’s body. More mild brain injury can cause memory problems, personality changes, headaches and dizziness. Researchers now understand that personality changes are a significant problem that can affect the person for many years, especially if it is not recognized and treated properly by specialists. Depression, anxiety, impulsiveness and lack of ability to focus can all be manifestations of the changes an injury victim can go through. Children who suffer a mild brain injury or concussion can develop cognitive problems, psychological issues and subsequent difficulty learning. These children may also develop problems functioning in school and with friends.

Neurologists explain that the cause of brain damage can vary from an accident or head injury to lack of oxygen to the brain and can even be caused by chemicals or medications. A traumatic brain injury (TBI) is the term often used when the victim was involved in some sort of head trauma such as a car accident, work injury or blast injury. Some people refer to a mild TBI as a concussion where the person may lose consciousness briefly or suffer with dizziness or vomiting shortly after the accident or crash. Current research continues to work toward understanding the effects of this head trauma for both adults and children later in life. Read more on what you should know about brain injuries here.

Photo by U.S. Navy photo by Mass Communication Specialist 2nd Class Michael C. Barton [Public domain], via Wikimedia Commons