Author Archives: Morrison Wagner

Laws created to protect drivers from car accidents may not help

Researchers have recently reported that laws designed to prevent car accidents may not be helping. Auto accident experts from the Insurance Institute for Highway Safety explain that despite laws in many states that prohibit texting while driving there have actually been more car crashes while texting. Concerned car accident experts note this may be due to drivers actually trying to hide their cell phone while texting and driving. This may add to the distraction caused by the texting activity itself. Lawmakers have worked hard to create laws to prevent distracted drivers from causing accidents and injury. Like many states, New York has already passed laws that prohibit cell phone use without a hands-free device and texting while driving. Now they are looking closer at the subject to see if the law has had the desired effect. A New York based auto accident lawyer familiar with the issues says reducing driver distractions is still an important priority and will reduce car accidents. Unfortunately, the questions remain: What’s the best way to get drivers to pay attention to the road? How do we prevent driver distraction with all of the available distractions in the modern day motor vehicle? Read up more on distracted drivers and driving laws here.

New York law to address bedbug infestations

A new law in New York is now in force to protect consumers from the current bedbug infestation. The bedbug problem has grown to near epidemic proportions in crowded cities like New York City. This has become a problem in many areas but experts point out that crowded cities that are hot spots for tourists are also hot spots for bedbugs. Public health experts have complained about the dangers of letting this problem continue unabated. Just thinking about bedbugs makes most people’s skin crawl and itch. Now lawmakers in New York have signed a law that requires real estate owners to disclose to potential renters the history of bedbug infestation in the apartment or anywhere else in the building. Lawmakers hope this will allow people to properly decide if an exterminator is needed or if they even want to rent the residence. There is also a hope that this will curb the number of negligence lawsuits brought against building owners and hotels in New York. Personal injury lawyers throughout NY report a surge in bedbug attacks on unsuspecting and upset clients. Many prominent buildings in New York have found bedbug infestations, including the Brooklyn district attorney’s office and Time magazine headquarters. Public health advocates note this is an important step in the right direction in dealing with this neglected problem. For more on this law and the bedbug problem check out this site.

Medical research suggests traumatic brain injury is a chronic disease

Recent medical research on traumatic brain injury (TBI) describes the long term and permanent effects of this disease. Neurologists describe a traumatic brain injury as a form of brain damage caused by head injury. This condition can leave a person with concentration problems, difficulty remembering things and can even affect a person’s personality. A head injury usually results from a sudden trauma, such as a car crash, an assault or workers comp injury. Doctors explain that sometimes TBI’s are difficult to even diagnose. You can read last week’s post in this column about recent advances in the diagnosis of brain injuries. The recent research explains the need for long term follow up and treatment with a team of doctors after a traumatic brain injury. In fact, patients who suffer a TBI have a shorter life expectancy according to the literature. Until now insurance companies refused long term care to many of these patients. Often, a personal injury lawyer is needed to obtain insurance coverage and a settlement from the insurance company. Some New York law firms have expert lawyers who understand how to help patients who suffer from a traumatic brain injury. Check out details on the long term disease of traumatic brain injury in this Wall Street Journal article.

Medical researchers hope blood tests will help diagnose brain injury

Research continues on the use of blood tests to help diagnose a brain injury. Doctors have long known that it is difficult to diagnose traumatic brain injuries, especially in the emergency room. Even with modern advances, such as cat scans and MRI scans, a brain injury can easily be missed. Now researchers at Banyan Biomarkers are hopeful that a blood test may accurately detect markers in the blood that indicate a brain injury. Neurologists explain that this can be a very valuable tool in evaluating a patient who has suffered a head injury. A head injury can occur from many causes, including a motor vehicle accident, slip and fall injury, work accident or assault. Emergency room doctors in New York hospitals treat thousands of suspected brain injuries every year. They have expressed great interest in this new development and its benefits for their trauma patients. They point out that some patients mistakenly think a brain injury could not have occurred unless they lost consciousness. In fact, a brief period of confusion following a head injury can also indicate a traumatic brain injury. Anyone who suffers a head injury is encouraged to seek immediate care at an emergency room. If you or someone you know has suffered a head injury or brain injury you should also contact a personal injury lawyer who has experience with this type of injury. Up to date info on this medical breakthrough in brain injury research is available here.

Man killed in Long Island Expressway car crash

One man was killed in a car crash on the Long Island Expressway in Nassau County, New York. Police investigators now say the man was a passenger in the car while the driver was driving drunk. That driver has now been arrested and charged with driving under the influence and causing a wrongful death. The police detective in the case described the drunk driver speeding down the New York highway, going the wrong direction just before the accident. Lawyers for the family of the man who was killed are contemplating a wrongful death lawsuit in this case. They explain that this is a story of a man who did not think about the safety of others when he got behind the wheel. Personal injury attorneys often step in to advocate for the rights of clients injured or killed in drunk driving motor vehicle accidents. These accidents can cause many injuries, including head injury, neck and back injury and broken bones. More serious accidents can cause traumatic brain injury, internal organ damage or even death. Driving experts have expressed concern over the numbers of drunk driving accidents despite ongoing driver safety education. They note that drivers must always be aware of their surroundings and be in full control of the car at all times. Driving under the influence of alcohol or drugs limit the driver’s ability to make quick decisions and remain in control. High speed driving on the highway compounds this problem. More on this fatal car crash is available here.

$52.4 Million settlement in negligence lawsuit after bridge collapse

A bridge collapse in Minneapolis 3 years ago left 13 people dead and another 145 injured. Now an engineering consulting company is settling a negligence lawsuit against them for $52.4 Million. Many complaints began to surface right after the accident with personal injury and wrongful death lawsuits soon filed. Victims of the bridge collapse and their families worried that proper inspections were not performed on the bridge. The New York Times reported that the bridge in Minneapolis had passed an inspection but that in no way meant the bridge was in good condition. Many bridges throughout the US, including in New York are found to be damaged and dangerous. Unfortunately, these bridges are kept open. A New York personal injury lawyer explains that negligence is to blame. No one wants to pay to have these bridges fixed and replaced, as should be done. Engineering companies, like the one involved in the Minneapolis accident, are often blamed when someone is injured or there’s a wrongful death due to a bridge collapse. Civilian advocates explain that municipalities, businesses and even individuals are held responsible for negligent repair maintenance. This holds true for large structures like a bridge or apartment building but also for smaller objects like a sidewalk or display rack in a store. Read up on details of the bridge collapse and recent settlement here.

General Motors announces defective seatbelt recall

Another car maker, this time General Motors (GM), has announced a car recall due to defective safety equipment. The executive director of safety at GM explained that some of the seatbelts may not lock properly. During a car accident this can cause significant personal injury or death. Consumers have been warned to bring their cars in as soon as possible to have the broken seatbelts repaired. The General Motors recall effects nearly a quarter of a million cars on the road. Personal injury attorneys in New York explain that more serious personal injuries occur when passengers are not properly buckled in. These injuries include head injury, traumatic brain injury, neck and back pain, herniated disc or spinal injury and broken bones. Deaths from a motor vehicle accident are also more likely when seatbelts are not working properly. A top injury lawyer can help determine your rights if you are injured due to defective equipment. Another recent car recall was from the Toyota recall involving floor -pedal accelerator problems. Toyota has been plagued with concerns of personal injury lawsuits and wrongful death lawsuits due to these problems as well as floor mats that can slip and block the pedals. Safety experts note that car manufacturers need to constantly check on the quality of their cars and especially the safety equipment. Full information on the General Motors recall is available here.

Police in Brooklyn, New York hit bicyclist and then fled the scene

An NYPD officer and his partner were suspended without pay for causing a bicyclist injury and then fleeing the scene in a hit and run accident. The police officers were responding to an unrelated incident when the accident occurred in the Brooklyn borough of New York City. The officers apparently drove their cruiser the wrong way down a one-way street while responding with lights and sirens. Reports say the police went through a red light and struck the bicyclist victim, injuring him. A video camera shows the policemen moving the victim to the sidewalk and then leaving the scene. The police left the injured man without calling for an ambulance. They are charged with a hit and run accident in this police car accident. It is unclear if the victim has filed a personal injury lawsuit yet. Some New York personal injury attorneys have expertise with bicycle as well as police accidents. New York City police have been blamed for other recent accidents. In 2009 a police car accident in Manhattan, New York City hit several pedestrians when the cop lost control. A negligence lawsuit was filed in that case. You can read more about the recent hit and run police accident in this article.

School bus accident in New York injured 19 people

Police are investigating a school bus accident in Chestnut Ridge, New York. There were 19 people on the bus who were injured and taken to the hospital. Most of the injured were young children who were on their way home from a local New York day camp. Investigators say the bus driver lost control and hit some trees on the side of the road. Teams of ambulance and paramedic personnel flooded the scene to rescue the accident victims. Some motor vehicle accident experts warned that many heavy vehicles do not have sufficient safety equipment to protect during accidents. A personal injury lawyer from New York expressed concern because school buses do not usually have seat belts available. In fact, many bus accident injuries can be prevented if seat belts and other safety equipment were installed. Seat belts should always be used, if available, even in a bus. This recent article points out concerns regarding heavy vehicles lacking safety equipment during rollover accidents. If you or someone you know were injured in a bus accident or other type of motor vehicle accident, please speak to an experienced attorney to find out more about your rights. More information about this school bus accident can be found here.

Toyota faces negligence lawsuit from motor vehicle accident

In February 2010, we reported on this breaking story about the Toyota Recall. A half year later, the wife of a man who died in a car accident is now filing a lawsuit in this wrongful death case. She claims that Toyota’s negligence in installing faulty floor mats caused her husband to crash. The lawsuit states that the cause of the accident was the floor mat getting stuck against the gas pedal. Toyota has been going through a series of recalls as cited here. One of the recent Toyota recalls was for problems with floor mats that got stuck, causing the driver to lose control. Many consumer advocates and even law makers have complained that Toyota should have moved quicker. Some personal injury lawyers say that an earlier recall may have prevented countless motor vehicle injuries and deaths. The current lawsuit may cost Toyota several millions of dollars. This child suffered a brain injury while roller skating when she was hit by an out-of-control car in New York. She and her family were awarded $1.3 Million for the car injury. If you or someone you know were injured in a car accident, contact us top personal injury lawyers for advice. Full story on the recent Toyota lawsuit here.