s

Tag Archives: accident lawyer

Drunk driver blamed for fatal car crash in Queens

New York – Police investigators from the NYPD have determined that an intoxicated driver caused the four car accident on the Grand Central Parkway this past Sunday. The tragic crash began when the driver of an SUV, apparently drunk, hit a second SUV truck causing a series of collisions. Several of the vehicles rolled over during the accident and 2 victims were killed, including a 34-year-old man and a teenager. Several other accident victims suffered various injuries, including at least one head injury and broken bones. Police say that reckless driving contributed to the initial crash and the driver of that first vehicle was charged with multiple driving and safety violations.

Besides for the criminal charges that the man faces, a Manhattan accident lawyer specialist explains that the intoxicated driver can face several civil lawsuits for causing the collision. These include wrongful death lawsuits by the family of the victims who were killed as well as personal injury lawsuits by the injured drunk driving accident victims. If you or someone you know has been involved in an accident, you have the right to speak to an injury attorney to discuss your case. See this article for further details about this deadly truck accident in Queens.

Photo for illustrative purposes only. Photo Credit: Bugeater [License]

I Was in An Accident :: What Should I Do?

New York – Car accidents have become an unfortunate reality in this fast-paced world of distracted drivers, speeding drivers and a driver who’s always late for something. What should you do to protect yourself in case you’re involved in a motor vehicle crash? Experts say that it is always appropriate to first address any accident injuries, even if it’s only a potential wound. Simply call 911. An accident victim is often distracted by the legal and monetary aspects of the collision and sometimes overlook an injury. If there is any question of injury, you should tell the 911 operator and they will send both police and an ambulance. The ambulance crew and hospital staff can evaluate you for serious injuries and document your wounds. This can assist in your urgent and long-term care and help smooth out some potential insurance coverage problems for your car crash injuries later down the line. Don’t worry – the police can deal with the car and investigation of the accident while you’re taken to an emergency room for evaluation. Police can also meet you at the hospital, if necessary, to follow up. Police can also meet you at the hospital, if necessary, to follow up. All of these guidelines are applicable to any type of accident – including car collision, motorcycle crash, bicycle accident or even a slip-and-fall accident.

After your health and safety has been addressed, you can deal with the rest. Of course, you should always be honest with police and medical personnel, but don’t admit guilt. Many factors must be taken into consideration by investigators into the accident. They will assess for a possible drunk driver, reckless driving and other illegal or negligent activity that may have caused or contributed to the crash. Remember, you have the right to consult with a top New York accident lawyer to determine your rights. You can also read this article for more details about what you can do in the event of a motor vehicle collision.

Illustrative Photo Credit: Morgan [License]

Preventing a work injury and knowing your rights if you are injured at work

New York – Work accidents are common but often avoidable, according to a New York City worker’s compensation injury lawyer. However, many employees and employers alike are unaware of how to go about preventing accidents, injuries and death in the workplace. There are several areas of responsibility that are shared between employer and worker to ensure safety while on the job. These include work-sponsored trainings that involve both formal and informal instruction on how to use equipment and avoid injury in all necessary settings. Also included is the responsibility of the boss and managers to provide safety equipment, such as helmets, secure scaffolding, rigging, harnesses, gloves, eye goggles, ear protection and the like. They are required to make sure that the equipment is not only available but also not broken and with proper instructions. Unfortunately there is sometimes employer negligence when it comes to these necessary safety points, which can lead to an unsafe work environment and even a hazardous situation. Negligent maintenance of equipment is an easily overlooked danger when employers and managers place heavy pressure of deadlines and productivity on their workers. However, a major concern also exists for jobs that involve repetitive motions, slip and fall hazards, overexertion and falling from a height. There are things that employees can do to protect themselves and prevent accidents but some employers try to shift the burden of safety entirely to the worker. This is a concern and should be discussed with a work injury lawyer.

Beyond work accident prevention, work staff should become familiar with their responsibilities and rights if they’re injured on the job. This can include immediate notification of the supervisor or boss of the injury, calling an ambulance, going for emergency or immediate medical treatment, if needed and filing all necessary paperwork about the accident and injury. Employers are usually required to maintain a worker’s comp insurance policy to pay for medical treatment of the injury. The worker also has the right to speak to an accident lawyer that specializes in workman’s compensation injuries for assistance. An experienced law firm can assist with obtaining insurance benefits, hospital, doctor and treatment coverage as well as filing a worker’s comp lawsuit, if necessary. This informative article can explain more.

Illustrative Photo Credit: Bill Jacobus [License]

$ 450,000 Compensation -- Van Hits Child Pedestrian Crossing the Street

New York — A speeding van struck a young girl who was crossing the street. She sustained an ankle fracture and other personal injuries from the motor vehicle accident. The girl’s family sued the driver and recovered $450,000 in damages, thanks to the specialist accident lawyers of Morrison & Wagner.

Illustrative Photo by Eyone [Licensing cc-by-sa-2.5]

— — —

Driver ignored red light, struck girl, suit alleged (VerdictSearch)

Settlement Amount: $450,000

— — —

Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
ankle-fracture (pilon fracture); ankle-fracture (fracture, bimalleolar); other-swelling; other-physical therapy; other-comminuted fracture; surgeries/treatment-open reduction; surgeries/treatment-internal fixation

Case Type: Motor Vehicle – Speeding, Red Light, Pedestrian

Date: September 3, 2008

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY, for the plaintiff

— — —

Facts:

On May 13, 2006, the 9-year-old plaintiff was struck by a van. The incident occurred on Jerome Avenue, near its intersection at East Fordham Road, in the Fordham section of the Bronx. She sustained injuries of an ankle and a leg.

The girl’s mother, acting as her daughter’s parent and natural guardian, sued the van’s driver and the van’s owner. The mother alleged that the driver was negligent in the operation of his vehicle. She further alleged that the van’s owner was vicariously liable for the driver’s actions.

The pedestrian accident victim claimed that the driver ignored a red traffic signal, that he was speeding and that he failed to yield the right of way.

The van driver contended that the young pedestrian abruptly walked onto the street and initiated contact with the side of his van. He also contended that she ignored a red pedestrian-traffic signal that should have prevented her entrance to the intersection.

Deposed witnesses did not provide conclusive accounts of the manner in which the accident occurred.

Injury:

The girl sustained a bimalleolar fracture — a fracture of both sides of the ankle’s malleolus, which is the ankle’s bony protuberance. The injury affected her left ankle. She also sustained a pilon fracture of her left leg. A pilon fracture is a comminuted fracture of the lowest portion of a leg’s tibia. Her fractures were treated via open reduction, and she also underwent the internal fixation of a rod that was attached to her left leg’s fibula. The surgeon noted that the girl was suffering some disruption of the associated growth plate, but persistent swelling was the only complication of the healing process. However, the surgeon also noted that swelling may be a precursor to arthritis. The accident victim also underwent about two months of physical therapy.

The girl’s mother sought recovery of damages for her past and future pain and suffering.

Result:

The parties negotiated a $450,000 pretrial settlement.

— — —

Judge: Wilma Guzman

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

$225,000 Jury Verdict – Queens Car Crash Causes Neck, Back and Shoulder Injuries

Queens County – John Doe was the driver of a car that was involved in a car collision with another vehicle in the Fall of 2010. The other vehicle made a left turn and slammed into the driver’s side of Doe’s car, causing damage to both vehicles as well as personal injuries. The car accident occurred only steps away from his house, so Mr. Doe went home, hoping that the pain would get better on its own.

Unfortunately, Doe’s accident injuries didn’t go away so he began treatment and regular visits with a doctor. His injuries included neck and back pain as well as a torn rotator cuff shoulder injury. Conservative treatment with physical therapy did not solve his pain and suffering, leading to the need for an arthroscopic surgery on his shoulder. Despite all of his medical care, the car crash victim was left with significant pain and unable to function normally at work.

Mr. Doe turned to a team of expert accident lawyers http://morrisonwagner.com/about-us/ who reviewed the case and helped Doe file a personal injury lawsuit against the driver of the other vehicle. They claimed that the defendant’s negligent driving caused the motor vehicle collision and Doe’s injuries. Following a jury verdict, Doe was awarded $225,000 for pain and suffering from the injuries. For more details on this case, read the expanded article below.

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

——————————————————————————————

Car Crash Caused Shoulder Woes, Restaurateur Claimed (VerdictSearch.com, by Priya Idiculla)

Verdict: $225,000
Net: $100,000

Facts & Allegations:
In September of 2010, plaintiff John Doe, 43, a restaurant’s owner, was driving in the Briarwood section of Queens. While Doe was proceeding through the intersection, his vehicle’s left side was struck by a vehicle that was being driven by Mr. Jack Smith, who was executing a left turn. Doe’s vehicle was propelled across the intersection. Doe claimed that he sustained injuries of his back, his neck and a shoulder. Doe sued Smith. Doe alleged that Smith was negligent in the operation of his vehicle. Liability was decided via summary judgment. The matter proceeded to a summary jury trial that addressed damages.

Injuries/Damages:
neck; derangement, shoulder; rotator cuff, injury (tear); arthroscopy; physical therapy; soft tissue; back; massage therapy

Doe refused immediate medical attention, and he returned to his home, which was located some 50 feet from the scene of the accident. After some two hours had passed, he presented to a medical clinic. He claimed that he was suffering pain that stemmed from his back, his left, non-dominant arm’s shoulder and his neck. He underwent minor treatment.

Doe ultimately claimed that he sustained derangement of his left shoulder, two small tears of the same shoulder’s rotator cuff, and injuries of soft tissue of his back and neck. Photographs of his vehicle depicted damage in the area in which his left shoulder would have been situated. Doe immediately commenced a course of conservative treatment that included massages, physical therapy, and the application of cold and hot packs. The treatment lasted about six months. On Nov. 4, 2010, he underwent arthroscopic surgery that addressed his left shoulder.
Doe claimed that his injuries prevented his performance of about six months of work. He also claimed that his left shoulder remains painful, that the pain is permanent and that it limits his performance of his work duties. His restaurant is located in South Carolina. He claimed that he alternately spends 10 days in New York and 20 days working in South Carolina. He further claimed that he previously drove to and from work, but that his residual effects necessitate his use of air transportation, at a greater cost.

Doe sought recovery of $100,000 for past pain and suffering and $125,000 for future pain and suffering.

The defense’s expert orthopedist submitted a report in which he opined that Doe’s injuries were degenerative conditions that predated the accident. The expert reviewed the results of a post-accident MRI scan of Doe’s left shoulder, and he opined that the test revealed minor bursitis and minor tenosynovitis, which involves restrictive inflammation of the sheath of a tendon. The defense’s expert radiologist submitted a report in which he opined that the test did not reveal an abnormality. Defense counsel noted that Doe refused immediate medical treatment, did not present to a hospital and immediately resumed work.
The defense’s expert orthopedist also opined that Doe’s surgery was unnecessary. He contended that an additional month of physical therapy could have averted the need for surgery.

The parties stipulated that Doe’s damages could not exceed $100,000.

Result:
The jury found that Doe’s damages totaled $225,000, but Doe recovered the stipulated limit: $100,000.

Editor’s Note:
This report is based on information that was provided by plaintiff’s counsel. Additional information was gleaned from court documents. Defense counsel did not respond to the reporter’s phone calls.

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

Critical injuries from New York City bus crash

New York – City officials say that another serious motor vehicle accident involving a Metropolitan Transportation Authority (MTA) bus occurred this week in Brooklyn. Reports show that the bus was hit by a car that had just been involved in an accident with another car. According to witnesses, the chain reaction car crash started when a car tried pulling out of a parking lot and into traffic. A second car was speeding down the road and slammed into that other vehicle when he couldn’t stop in time. That car subsequently turned and hit the bus, causing multiple injuries to passengers. Emergency responders explain that upwards of 25 victims were injured in the accident with 4 of them listed in serious or critical condition. The accident victims were rushed to 2 area hospital and trauma centers for emergency treatment of their wounds. An accident lawyer in Manhattan noted that the drivers of both car may likely share responsibility for causing the car crash that then caused the bus accident. However, further investigation would be needed to determine if the vehicles were speeding or violating any other traffic safety laws. Another MTA bus accident with deadly injuries, also in Brooklyn, was reported here. You can also see this article for more on this week’s multi-vehicle bus crash.

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

Dangerous cars sold after flood damage

A used car dealer was arrested for illegally selling flood damaged cars after last year’s hurricane. The cars, believed to have been sold to New York and New Jersey residents, were severely damaged by flood waters and were declared “totaled” by their insurance companies. However, this did not stop the owner of the used car seller from selling the hazardous vehicles as regular, safe cars. Car safety experts explain that the salt and water mixture together with the sand and debris from the flood waters can have dangerous effects on the cars, leading to a car fire and/or a car accident. Experts have expressed concern regarding the dangers created by the negligent sale of the potentially deadly vehicles that has created a hazardous condition for everyone on the road. According to officials, the damaged cars were given false identities when the seller created fake ownership titles.

The safety, legal and moral implications of creating the false paperwork apparently did not bother the owner of the car salespeople. They have been arrested and charged with various crimes that endanger public safety. In the meantime, the cars that have been identified as having potential to create an accident, fire or other hazard, have been taken off of the road. Experts say that these vehicles must not be driven and are useful only for spare parts. They warn that use of the vehicles can otherwise lead to injury or wrongful death. Industry specialists explain that electrical components can short circuit or overheat and moving parts may malfunction. Other concerns involve internal rust damage that can lead to a dangerous leak. Investigators will need to continue researching the sale of the dangerous vehicles in order to determine if there are any other cars involved. As of now, no injuries or car crash incidents have been reported involving these vehicles. A New York City accident lawyer noted that if anyone was injured by one of these cars, they have the right to speak to an attorney to decide on the best course of action. More on this investigation of dangerous car sales can be found here.

Illustrative photo by Andrea Booher (This image is from the FEMA Photo Library.) [Public domain], via Wikimedia Commons

Westchester, New York pedestrian injured in assault with a car

New York — A routine argument about a traffic incident between two men from Yonkers turned into an assault with injuries. Police report that one of the men attacked the other’s car with a baseball bat but then turned his rage toward the man himself. The first man hit the other man with his car and then fled the scene. The pedestrian victim suffered injuries after being struck by the car and then falling off the hood of the vehicle nearly 100 yards away. The assault victim was then treated for his injuries while police searched for the hit-and-run suspect. Reports show that the man was caught and charged for leaving the scene of an accident with injuries as well as for assaulting the man. A top accident lawyer in New York City explained that the driver can also face a civil personal injury lawsuit in addition to the criminal charges against him. Police note that the charges are more severe in this instance than a normal hit-and-run accident since this is being classified as a physical assault. In an unrelated New York car accident, a woman is also facing assault charges for driving while distracted by her cell phone. In that car crash police say that the woman was apparently trying to surf the internet from her mobile device when she lost control of her vehicle and crossed into oncoming traffic. Her car struck another vehicle head-on and caused multiple injuries to several crash victims. One of the passengers of the second vehicle is reported to be in critical condition due to a head injury from the crash. The woman was criminally charged for causing the accident as well as for driving without a license. This motor vehicle accident may also leave the distracted driver facing an personal injury accident lawsuit from the victims in addition to the police charges pending against her for assault with a motor vehicle. Details about the crash are available in this article.

Photo by Stefan Lampert. Users Ahellwig, Sebastian8939, Saiki on de.wikipedia (Feuerwehr Meerane) [Public domain], via Wikimedia Commons