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Tag Archives: car accident

June 13, 2018 News
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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]

January 31, 2018 News
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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]

January 17, 2018 Case Success Stories
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$ 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)
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$1,270,000 plaintiff’s total award

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Judge: Judge Michael Gerstein

May 30, 2017 News
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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]

March 10, 2017 News
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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]

December 31, 2016 News
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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]

September 14, 2016 News
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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]

April 15, 2016 News
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Are Suffolk County’s red-light cameras causing more accidents with injuries?

New York – Public safety activists are in an uproar about an ongoing investigation that shows an increased accident with injuries risk at intersections equipped with red-light cameras. Lawmakers and citizens alike have expressed concerns regarding the dangerous condition created by these traffic light cameras. They note that some of the traffic signals have faster-than-normal yellow lights and confusing signals, creating a risk for injury due to car accidents that inevitably follow. In the meantime, Suffolk County officials claim that the camera program is fine and plan to continue with it, despite the public safety concerns involved. Opponents question why the program isn’t suspended until they, at least, investigate the increased car crash concerns. They explain that this would allow the time to safely look into the issues and prevent injury or wrongful death accidents. One theory as to why there is an increased accident risk at these intersections revolves around concerned motorists who become afraid of getting a ticket, instead of remaining focused on driving safely. Experts say that drivers may needlessly brake too soon or too quickly, leading to a rear-end collision. Others may become a distracted driver when looking at the camera instead of the road.

Some community activists in New York have claimed that the local county government is simply being greedy and unwilling to give up the revenue that they receive from traffic tickets. The fines associated with these tickets goes to the government’s coffers and is shared with the company that installed and maintains the cameras. This creates a possible incentive for some politicians to keep the cameras functioning even in light of the risk of injury or death. However, this may actually lead to increased personal injury lawsuits, which would be much more costly if lawmakers neglect to deal with the hazardous condition that they’ve created. Motor vehicle accident victims are encouraged to seek legal advice from a top injury lawyer to determine their rights. You can see a video and read more about the controversial traffic light program and investigation here.

Illustrative Photo Credit: Dave Dugdale, www.rentvine.com [License]

March 07, 2016 Case Success Stories
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Award: $1.05 Million -- Pedestrians in Crosswalk Struck by Car in Brooklyn, New York

New York — A man and his daughter were crossing a Brooklyn street when they were struck by a car. The accident victims suffered multiple injuries and underwent extensive treatment. They sought the assistance of the experienced injury attorneys at Morrison & Wagner, who helped them win a total of $1,050,000 in compensation for their injuries, pain and suffering.

Illustrative Photo Credit: Benjamin Bousquet [License]

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Father, daughter claimed motorist struck them in crosswalk (VerdictSearch)

Actual Award: $1,050,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s): hip-fracture; leg-scar and/or disfigurement; head; head-headaches; head-concussion; knee-fracture; tibial plateau-fracture; brain-subdural hematoma; chest-fracture; rib; other-sutures; other-laceration; other-physical therapy; pelvis-fracture (fracture, pubic ramus); shoulder-fracture (fracture, clavicle); foot/heel-fracture; toe; mental/psychological-cognition (memory, impairment)

Case Type: Motor Vehicle – Pedestrian

Date: May 14, 2015

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

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Facts:

On Jan. 10, 2010, the plaintiff, 62, an attorney, and his daughter, a minor, were struck by, or collided with, a motor vehicle. The incident occurred on Elm Avenue, alongside its intersection at East 14th Street, in the Manhattan Terrace section of Brooklyn. The plaintiff sustained injuries of his head, his knees, a rib, a shoulder and a toe. His daughter sustained injuries of her hips and a thigh.

The injured man, acting individually and as his daughter’s parent and natural guardian, sued the vehicle’s driver and co-owner and the vehicle’s other co-owner. The plaintiffs alleged that the driver was negligent in the operation of his vehicle. The plaintiffs further alleged that co-owner was vicariously liable for the driver’s actions.

Plaintiffs’ counsel claimed that the impact occurred in a crosswalk of Elm Avenue. They further claimed that the daughter and her father were struck by the front end of the vehicle. The driver acknowledged that he later noticed a dent of his vehicle’s front end and that the dent did not predate the accident.

The daughter claimed that the vehicle struck her right hip. Her father claimed that he sustained an injury that prevents his recollection of the impact or any other part of the accident, but Justice Richard Velasquez invoked the Noseworthy doctrine, which specifies that certain impairments permit a reduction of a plaintiff’s burden of proof.

The driver claimed that the daughter and her father entered the roadway and initiated contact with one side of his vehicle. Defense counsel noted that the father sustained a fracture of a toe. He suggested that the injury was a result of the toe having been crushed by one of the vehicle’s tires, and he argued that such a scenario could only have occurred if the plaintiff had approached from one side of the vehicle and stepped in front of one of its tires.

The driver claimed that he had scanned a distance of about 10 car lengths and did not notice pedestrians or oncoming traffic. He acknowledged having told a responding police officer that the sun’s glare hindered his view of the roadway, but he claimed that the statement was a result of nervousness during the moments that followed the accident.

Injury:

The injured father sustained a concussion, a laceration of his head, a fracture of his right leg’s tibial plateau, which is a component of the knee, a fracture of his left knee, a fracture of his left shoulder’s clavicle, a fracture of his right foot’s first toe and a fracture of a rib. His head’s injury also produced a subdural hematoma.

The accident victim was placed in an ambulance, and he was transported to Lutheran Medical Center, in Brooklyn. His hospitalization lasted four days.

The plaintiff’s treatment comprised a few weeks of physical therapy. He claimed that his concussion has produced lasting effects that include headaches, impairment of his ability to concentrate and impairment of his short-term memory. He further claimed that his residual effects prevented proper performance of his job’s duties and necessitated an early retirement.

The plaintiff sought recovery of damages for past and future pain and suffering.

The daughter sustained a fracture of her pelvis’s left superior public ramus, which is a component of the left hip, a fracture of her pelvis’s right superior pubic ramus, which is a component of the right hip, and a laceration of her right thigh.

She was placed in an ambulance, and she was transported to Lutheran Medical Center. Her right thigh’s laceration was closed via application of sutures. A doctor determined that she was too young to undergo surgical repair of her fractures, so the fractures were allowed to heal naturally.

The daughter retains a scar of her right thigh, but she does not suffer residual pain or limitations. Her father sought recovery of damages for his daughter’s past and future pain and suffering.

Defense counsel contended that the daughter’s injuries healed within a few weeks.

Defense counsel also contended that the injury victim did not sustain a lasting injury of the brain. The defense’s expert neuropsychiatrist opined that a post-accident psychiatric test produced normal results. Defense counsel contended that the plaintiff can resume his job.

Result:

During the trial, the parties negotiated a settlement of the daughter’s claim. The defendants’ insurer agreed to pay $150,000.

The jury found that the defendants were liable for the accident. It determined that the injured man’s damages totaled $900,000. That amount, plus the amount recovered via the settlement, totaled $1.05 million.

Father: $400,000 Personal Injury: Past Pain And Suffering; $500,000 Personal Injury: Future Pain And Suffering

Actual Award: $1,050,000

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Judge: Richard Velasquez

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

November 20, 2015 News
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Multiple injuries after drag racing car crash on Long Island

New York – Police in Hempstead, NY responded to a car accident that was apparently caused by two vehicles that were drag racing on public streets. Nassau County police note that car racing on public streets is illegal due to the dangers that it creates for other motorists, pedestrians and bicyclists. The high speed nature of these types of motor vehicle accidents makes them even more serious, even deadly. According to experts, a speeding driver is bad enough, but add to it the adrenaline rush and competitive edge of the racing drivers, it makes for a dangerous cocktail that can injure and kill. Emergency medical responders arrived with several ambulances to treat the injured driver and passengers of the car accident. They report that one of the cars struck a utility pole and left several people in the vehicle with extensive injuries. The female driver suffered the most serious of the car crash injuries. Police have indicated that the other car fled the scene of the collision and that driver is being sought out by investigators. Public safety advocates say that reckless driving, including car racers, are an all-too-common problem on the highways and local streets. They have demanded more action by police and governmental officials to secure the roads against negligent drivers. The injured driver in this case has been charged with several violations, including reckless endangerment, reckless driving and others. The woman can also face a personal injury lawsuit from the other injured victims due to her negligence. See details about the car race collision here.

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