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Tag Archives: car accident

Truck accident leaves injured victims and one death in the Bronx

New York – Emergency workers responded to a van that rear-ended a truck on the Major Deegan Expressway in the Bronx. The van accident left the female driver of the van dead and several other people injured. Friends note that the woman was pregnant at the time of the fatal crash. Two children in the vehicle were passengers in the back and suffered serious injuries. Reports show that construction debris and other scrap metal objects were being transported in the van at the time of the collision. It is believed that the flying debris during the impact is what caused the critical wounds and injuries to the child passengers. One teenage girl suffered a significant traumatic brain injury with bleeding in her brain. She has undergone surgery for this as well as for a broken spine and she remains in a coma. The extent of her spinal injuries are still unclear.

In addition, a front seat passenger of the van suffered injuries and was also taken to the hospital. Doctors say that he has a leg injury and will receive treatment. The truck that was hit from the rear left the truck driver also injured. He was evaluated and given emergency treatment. Investigators were continuing to assess the damage and the cause of the truck crash. Find out more about this rear end collision here.

Photo for illustrative purposes only. Photo by Mohsan Dabiri-e Vaziri (Own work) [CC-BY-2.5], via Wikimedia Commons

Limousine crash kills passengers and pedestrians in New York

New York – The driver of a limo that ran through a stop sign is being blamed for the deadly car accident. However, the limousine company is also being investigated for possibly operating unsafe vehicles that may have contributed to the motor vehicle collision. Reports show that the car was speeding about 60 miles per hour when it didn’t stop at a stop sign and crossed straight through the intersection. It then slammed into a parked vehicle as well as several pedestrians in a parking lot. The pedestrian accident killed two of the pedestrian victims who were apparently shopping nearby. In addition, the car crash killed the driver of the limo and all of the 17 passengers in the rear of the vehicle. Unfortunately, none of the passengers in the vehicle were wearing seat belts during the impact. This left a total of 20 accident victims killed in the horrific collision.

Witnesses to the crash noted that it appeared the vehicle’s brakes may have failed. In fact, this is consistent with the fact that the limo company had racked up extensive safety violations, including negligent maintenance issues. At least one of their vehicles failed for not having properly working brakes in the recent past. Family and friends explain that at least one of the passengers in the limo messaged someone prior to the crash about the poor mechanical condition of the car. Investigators noted that the driver of the limo involved in the fatal accident did not have the proper driver’s license for the type of vehicle that he was driving. In addition, it has been noted that the very same driver was involved in a similar accident after he blew through a stop sign about three years ago. In that prior collision, one of the cars rolled over after being hit. Several people were injured at that time, including one with a head injury and another with a back injury. Find out more about these limo accidents here.

Illustrative Photo Credit: by Werner Vermaak (originally posted to Flickr as Immobilized Patient) [CC-BY-2.0], via Wikimedia Commons

Concerns regarding possible delayed recall of defective car seat

Potentially dangerous defective child car seats were recalled by the manufacturer several months after the company performed its own collision safety tests. Federal investigators have now been examining whether the manufacturer of the seats possibly delayed reporting the defective product and instituting the recall. Guidelines require companies to report safety problems within five days to the appropriate government agency, in this case the National Highway Traffic Safety Administration. However, evidence has shown that the business that produced the child restraint system had information several months earlier about the dangerous condition. This was based on safety problems that were evident on quality and safety testing that the company had conducted on the seats during a car accident. Product liability is a responsibility that manufacturers and distributors must take seriously. Concerned parents and safety advocates have voiced concerns regarding the situation, saying that this breech of public trust leaves the public in danger. Some have pointed out that negligent reporting of safety problems must be dealt with harshly. The potential dangers in this case could include head injuries leading to traumatic brain injury, internal organ bleeding, fractures and nerve injury. You can refer to this article for more about the car seat safety product recall.

Photo for illustrative purposes only. Photo Credit: Tetris L [CC BY-SA 3.0 or GFDL], from Wikimedia Commons

Can a spinning class cause a car accident-like or crush-like injury?

New York – A team of medical researchers from Westchester, NY have discovered a possible link between spinning class exercise and a type of muscle injury that can lead to kidney damage. The nephrologist doctors noted multiple cases of people being injured with a condition called rhabdomyolysis after taking a spin class, especially people who are new to this type of intense exercise. The condition is normally found in severe trauma victims, for example, those involved in a car crash, victims of a slip and fall accident from a height or crush injury patients. The rhabdomyolysis condition is caused by massive muscle injury that leads to dangerous levels of myoglobin protein being deposited into the victim’s blood stream. This can then lead to kidney injury and even kidney failure and death according to doctors. Public safety specialists are now asking about the qualifications of those who recommend and teach spinning classes, wondering if they are educated about the dangers involved. They explain that this is just one type of spinning class injury. Activists have noted that the spin instructors must take responsibility by becoming educated, obtaining medical clearance when necessary and ensuring student safety for all of their classes. If you think that you might have been injured by someone, you have the right to discuss your case with an accident attorney who specializes in personal injury lawsuits. Please see this article for more about the research into rhabdomyolysis and spin exercising.

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

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]

$ 1,270,000 Jury Verdict For Nurse Whose Vehicle Was Broadsided

New York – Ms. E. H., a nurse, suffered injuries to her left shoulder and knee as well as her neck and back in a motor vehicle crash. The car accident occurred when another car broadsided the victim’s car on Strickland Avenue in Brooklyn, NY. Ms. H. consulted with expert car accident attorney Stuart Wagner and filed a personal injury lawsuit against the driver of the other vehicle. After going to trial, the jury awarded the plaintiff a verdict of $1,270,000 to compensate her for pain and suffering as well as loss of earnings.

Photo for illustrative purposes only. Photo Credit: History in Photos [License]

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JURY RETURNS verdict $1,270,000 for Plaintiff (as reported in the New York Jury Verdict Reporter)

Jury Verdict: $1,270,000

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Court: Kings Civil, Kings County, New York

Injury Type(s): rotator cuff, injury (tear); shoulder; epidural injections; physical therapy; medial meniscus, tear; lateral meniscus, tear; herniated disc, cervical; herniated disc, lumbar; lower back; back and neck; neck; back; numbness; percutaneous discectomy; radicular pain / radiculitis; decreased range of motion

Case Type: Left Turn — Motor Vehicle Accident — Broadside — Motor Vehicle Crash — Verbal Threshold

Date: 10/20/2017

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY

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Facts & Allegations:
Around 7:15 a.m. on Aug 15, 2013, plaintiff E. H., 40, a licensed practical nurse, was operating her vehicle on Strickland Avenue in Brooklyn, when her vehicle was broadsided by a vehicle that was operated by J. L., the defendant, who made a left turn from East 59th Place. As a result of the impact, The plaintiff’s vehicle continued on and struck two parked vehicles on the side of the road.

The plaintiff claimed injuries to her left non-dominant shoulder, left knee, neck and back. The plaintiff sued the defendant. The plaintiff contended that the defendant was negligent in the operation of her vehicle. This was a summary jury trial.

Just prior to jury selection, defense conceded liability. The parameters of the case were $25,000 to the $300,000 insurance policy limits.

Injuries/Damages
The plaintiff drove herself from the scene of the accident to Kings County Hospital. She complained of pain to her chest, neck and back. X-rays were taken of her chest, neck and back, which were negative. She was given painkillers and ibuprofen and was told to follow up with her primary care physician before she was discharged home. The plaintiff claimed she sustained a rotator cuff tear to her left shoulder, a partial thickness surface tear of the infraspinatus muscle, tears of the medial and lateral menisci of her left knee and several herniations at the cervical and lumbar levels.

For treatment, the plaintiff began physical therapy on Aug. 19, 2013 through January 15, 2014, with 46 visits over five months. She later consulted with an orthopedic surgeon. She then went to a pain management physician and had painkillers prescribed, as well as injections to her knee on Sept. 6, 2016. She again had epidural injections to her left knee on Nov. 5, 2016. On Dec. 14, 2016, the plaintiff had bilateral L4-5 epidural injections to her lower back. She still complained of lower back pain and numbness and tingling radiating into both her legs. She then had a percutaneous discectomy at L4-5 with steroid injections, as well as nerve blocks at C5-6 and C6-7. She did not have any shoulder surgery. The plaintiff claims she still has weakness in her shoulder and her knees, a limited range of motion for her shoulder and knees, and that she has difficulty bending, lifting, climbing stairs and tending to her patients. The plaintiff had two part-time jobs. She was an LPN at a private group, a senior living center, where she would supervise other nurses who made house calls. Her other job was at a home health care service. She was not able to work at the senior center from the date of the accident until Dec. 1, 2013. For her other job, she was out on disability from the date of the accident until Nov. 8, 2013. The plaintiff claimed she was unable to do the physical labor involved as a home health nurse, and that accordingly, her position was replaced by someone else. The plaintiff sought recovery for her past and future loss of earnings and her past and future pain and suffering.

Defense contended that the plaintiff alleged injuries were not related to the subject accident. Defense contended that just prior to the subject accident, on July 31, 2016, she presented to Kingsbrook General Hospital when she missed a step and fell, injuring her left knee. Defense contended that her complaints were attributable to that previous fall and not the subject accident. Defense contended that the plaintiff’s injuries were pre-existing, and age and job related, due to the physical nature of working with patients as a home health nurse. Defense contended that if she sustained any injury from the subject accident, that they had resolved and the plaintiff could go back to her regular activities, including working. Defense’s orthopedic surgeon’s records indicated that there was no evidence of orthopedic disability after he examined her shoulder and both her knees.

Result
The jury found that the plaintiff sustained a significant limitation of use of a body function or system, that she sustained a permanent loss of use of a body organ, member, function or system and that she sustained a permanent consequential limitation of a body organ or member for 90 out of 180 days. The jury awarded the plaintiff $1.27 million. In accordance with the parties’ parameters on the policy limits, the plaintiff will receive the $300,000 from the insurance company.

$270,000 past lost earnings
$100,000 past pain and suffering
$100,000 future pain & suffering (over 10 years)
$800,000 future lost earnings (over 20 years)
________________________________
$1,270,000 plaintiff’s total award

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Judge: Judge Michael Gerstein

Demand for investigation of driving under the influence in Rockland car accident

New York – The family of a fatal car crash victim in Ramapo, NY are concerned that police may not have properly investigated prescription drugs and an open bottle of alcohol in the car. The driver of the car admitted that he was speeding just before hitting two pedestrians on the side of the street. The responding police officers investigated the pedestrian accident but apparently didn’t test the driver of the car for drunk driving or driving under the influence of prescription pain killers. According to records, however, pain medications that are known to cause drowsiness and impairment, as well as an open container of alcohol, were both found in the car. These items may have contributed to the horrific collision and created a dangerous condition. One pedestrian was killed after being hit by the car and a second young man was severely injured in the accident. The families of the victims are outraged that drug and alcohol testing wasn’t administered. They contend that the fact that the driver of the car was an off-duty police officer himself may have clouded the responding police officer’s judgment. They have demanded further investigation into the incident, according to reports. See this article and video for more details about this pedestrian crash.

Photo for illustrative purposes only. Photo Credit: Rian Castillo [License]

Takata airbag manufacturer pleads guilty to fraud

The world’s largest vehicle airbag recall was sparked after, analysts say, the Takata manufacturer fraudulently claimed that their airbags were safe. However, the company now admits that they knew for many years that there was a defective part that could cause the device to explode. This, in turn, could lead to a more serious and deadly injury from a car accident. The company has produced tens of millions of dangerous airbags that have been installed by motor vehicle manufacturers around the world. Everything from cars to SUVs to trucks have dangerous airbag components made by this company and have been recalled. The guilty plea by Takata comes along with an agreement to pay a hefty $1 Billion in fines and penalties. However, this money is not earmarked to go to the injury victims and families of victims killed in a car crash that may have been affected by the hazardous situation. A top injury law firm in New York explains that this doesn’t shield the manufacturer or others from a personal injury lawsuit. In fact, it has been noted that some of the car companies allegedly knew about the dangerous condition posed by the defective airbag problem but continued to install them anyway. This opens those car makers to injury and wrongful death lawsuit as well, according to experts. Product liability laws describe the actions that should be taken by all involved to ensure that consumers aren’t injured by a product that is known to be potentially dangerous. You can find out more about this product recall and repercussions here.

Photo for illustrative purposes only. Credit: Robin Corps [License]

Defective part leads to Honda Odyssey car recall

A popular minivan has been recalled due to a faulty part that can lead to serious injury during a car accident. The defective parts involve the seat leavers for the middle row seats that often remain unlocked. This dangerous situation causes the seat to slide during a car crash, which can potentially cause severe injuries or even wrongful death, according to collision specialists. Concerned public safety advocates note that this minivan is often used by parents for children and carpool. They warn that such a hazardous condition puts kids at risk for more serious accident injuries, including dead injury, broken bones and abdominal injuries. Industry analysts explain that the Honda corporation has had to recall several cars from their fleet of vehicles due to dangerous damaged or deficient products. It is unclear if this latest product recall has been the cause of any injury or death. If you or someone you know has been injured in a car accident, you can consult with a personal injury lawyer to find out your rights. You can read more about this minivan recall here.

Illustrative Photo Credit: Chris F [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]