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Personal Injury Law

New York Legal Blog

Covers New York Legal News, including personal injury and legal events.
By Mark Siesel, Esq.

Post Frequency: 0.9/day

Last Entry: April 01, 2011 at 15:50:34

Driver in I-95 Fatal Bus Crash Hit 78 MPH

Posted on April 01, 2011
An investigation by the National Transportation Safety Board (NTSB) has determined that the casino tour bus involved in the March 12, 2011 fatal bus accident that killed 15 passengers was traveling at speeds of up to 78 m.p.h., more than 20 miles per hour over the speed limit...

Gov. Cuomo Attempting To Install Caps On Medical Malpractice Awards

Posted on March 21, 2011
As part of his effort to obtain a balanced budget by April 1, Gov. Cuomo has selected a "Medicaid Redesign Team", whose purported function is to "reduce Medicaid spending." While this goal might have some merit, the problem is that the team he put together is comprised solely and wholly of hospital CEO's, administrators, doctors and insurance representatives...

Will Second Fatal Tour Bus Crash Lead To Increased Safety?

Posted on March 18, 2011
In a follow up to our blog "Fatal Bus Accident Under Federal Investigation" earlier this week, the tour bus industry was rocked again after a second fatal accident occurred, this time on the New Jersey Turnpike on March 14, 2011. In the second accident, a bus operated by Super Luxury Tours crashed after it went onto the grassy median and struck a concrete support for an overpass...

Fatal Bus Accident Under Federal Investigation

Posted on March 14, 2011
On Saturday, March 12, 2011, 14 passengers on a tour bus returning to Chinatown from the Mohegan Sun Casino were killed when the driver lost control of the bus, it rolled onto its side, and struck a sign stanchion on southbound 1-95 near the Bronx border...

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Putnam County Wrongful Death Suit Filed

Posted on February 14, 2011
Robert Donohue, a Southeast resident whose wife and 8 year old daughter were killed by a drunk driver back on June 8, 2009, has filed a Putnam County wrongful death lawsuit against the owner of the vehicle and the property owner where the accident happened...

Slip And Fall Accident Do's and Dont's

Posted on February 01, 2011
With the incredibly snowy winter we're having here in the Metropolitan area, people are slipping on icy sidewalks and stairways and suffering very serious injuries. In New York, in order to be successful in a slip and fall accident, you must be able to establish that the landowner had "notice" of the dangerous condition of the walkway or stairs prior to the accident...

Dangerous Roadway In Cortlandt Gets Safety Improvements

Posted on December 16, 2010
After four fatal car crashes since 2008, a stretch of Route 9 in Cortlandt from the Annsville Circle to the Putnam County border will now have rumble strips on the center of the road to provide warning to inattentive or sleepy drivers to prevent cross over accidents...

Darvocet To Be Removed From Market After FDA Findings

Posted on November 24, 2010
The controversial drug propoxyphene, sold under the brand names Darvocet and Darvon, will be withdrawn from the market after 53 years due to serious heart risks, according to an announcement by the Food and Drug Administration (FDA) on November 19, 2010...

New York Elevator Accidents--Six Things You Should Do Immediately

Posted on November 19, 2010
Many of our clients have suffered injuries in elevators, either by a free falling elevator, an elevator that mis-leveled, or being struck by an elevator door that closed too fast. In older apartment buildings in Manhattan and the Bronx, for example, the elevator doors are frequently manual, and have not been properly maintained...

Study Finds Surgical Mistakes Despite Safety Protocols

Posted on November 05, 2010
According to a study in the Archives of Surgery, as reported in the the New York Times October 19, 2010 edition, from 2002 through mid-2008 in Colorado, surgeons reported an astounding 25 operations on the wrong patient, and 107 surgical procedures on the wrong body part...

Study Shows Reduction In Teen Fatal Car Crashes

Posted on October 26, 2010
The Centers For Disease Control and Prevention (CDC) has released a new study with surprising results. Fatal car accidents involving teens steadily declined from 2004 through 2008, despite the increasing popularity and dangers of texting while driving and the numerous warnings of distracted driving on the nation's roadways...

Study Shows Dramatic Increase In Texting While Driving Fatalities

Posted on September 30, 2010
A September 23rd report from the American Journal of Public Health indicates that distracted driving fatalities have increased substantially between 2005 and 2008. The report uses data from the National Center for Statistics and Analysis's Fatality Analysis Reporting System, which revealed that fatal car crashes due to texting while driving increased 28% from 4,752 deaths in 2005 to 5,870 fatalities in 2008...

Deadly Roll Over Accident on New York State Thruway

Posted on September 22, 2010
This past Saturday, six people were killed in a Church van fatal rollover accident on the New York State Thruway just north of Harriman. The accident happened when a rear tire blew out, causing the driver to over correct, the van to roll over several times, and nine passengers to be ejected from the vehicle...

Photographs Critical Evidence In Personal Injury Cases

Posted on August 10, 2010
When a client walks into our White Plains, New York office, having suffered a serious injury in a car crash, slip and fall accident, or from using a defective or dangerous product, we envision that this new case will reach trial, and want to preserve evidence as soon as possible...

Schuler Driving 85 M.P.H In Fatal Taconic Parkway Crash

Posted on July 20, 2010
According to the final New York State Police report, issued last month, Diane Schuler was speeding at a whopping 85 miles per hour in last July's fatal car crash on the Taconic Parkway in which 8 people died. The fiery crash occurred on July 26, 2009, when Ms...

Jacy Good's Compelling Motto: "Hang Up And Drive"

Posted on July 16, 2010
In the summer of 2008, then 22 year old Jacy Good was on her way home to Lititz, Pennsylvania with her 57 year old parents after graduating from Muhlenberg College. Suddenly, her entire life was turned upside down when a tractor-trailer slammed head on into her car, killing Jacy's parents Jay and Joan Good, and leaving Jacy with permanent injuries including a collapsed lung, shattered pelvis, a lacerated liver, and worst of all, a traumatic brain injury that has caused faltering speech and difficulty concentrating...

Diabetes Drug Manufacturer Failed to Disclose Data On Risks

Posted on July 13, 2010
In follow up to our post on February 22, 2010 entitled Diabetes Drug Blamed For Heart Problems, there is new information which reveals that SmithKline Beecham actively attempted to cover up studies which showed that the diabetes drug Avandia was dangerous to the heart...

New York Dog Bites--What To Do If You Are Injured

Posted on June 01, 2010
We have been receiving more calls from clients who suffered dog bites by pit bulls, Doberman pinschers, German shepherds, and numerous other breeds. If this happens to you, what do you do to protect your legal rights? First, make sure that you obtain the owner's information, especially the address, and find out as much information as you can about the dog--its name, whether it has been licensed, had all of its shots, and most importantly, had the dog bitten anyone previously--this is critical information as will be discussed further below...

New York Trip and Fall Accidents--What To Do If You're Injured

Posted on May 11, 2010
If you suffer an injury by, for example, falling on a crack in the sidewalk, slipping on a spilled substance at the supermarket, or on ice on a stairway at the mall, there are several things you must do to pursue a New York slip and fall case: 1. Obtain the names, addresses, phone numbers and e-mail addresses of any potential witnesses...

New York No-Fault Law Law-What Yon Need To Know-Part 2

Posted on April 06, 2010
In part 1 of this post, e discussed the initial stages of a no- fault claim when you are injured in a New York car crash. Now we will discuss what is required to be successful in your claim or lawsuit against the other car that caused the accident. Under Insurance Law Section 5102 (d), also known as the No-Fault Statute, which was established in 1973, in order to obtain compensation for your injuries, you must suffer what is known as a "serious injury" in the automobile accident...

New York No-Fault Law--What You Need To Know--Part 1

Posted on April 02, 2010
In New York State, if you are injured in a motor vehicle accident, regardless of which car is at fault for the accident, your medical expenses and lost earnings will be paid by your own insurance company under the No-Fault Law of New York State. In order to qualify for no-fault benefits, you must immediately report the accident to your insurance company, and then you must submit what is known as an NF-2 (No-Fault Report Of Accident) within 30 days of the New York car crash...

Annual Fatal Car Crashes Nationwide Decrease For Fourth Straight Year

Posted on March 29, 2010
The National Highway Traffic Safety Administration (NHTSA) has reported that fatal car crashes have decreased for a fourth straight year since the statistical high in 2005. There were 33,963 motor vehicle fatalities in 2009, a decline of 8.9% from 2008 when there were 37,261 fatalities...

Electronic Billboards-- Do They Cause Distracted Driving?

Posted on March 11, 2010
In an interesting article by Matt Richtel in the March 2, 2010 Business Section of the New York Times, electronic billboards are examined as another possible cause of distracted driving. We are all aware of distracted driving due to speaking on a cell phone and texting while driving, and who hasn't seen someone driving while eating, drinking, applying makeup or looking at a map? However, what about driving while digital images are flashing at you every six to eight seconds, with headlines, food deals or what song is playing on the radio? In my opinion, the increased prevalence of these electronic billboards will undoubtedly lead to more car crashes and more fatalities on the roadways...

New York State Imposes Stricter Rules For Teen Drivers

Posted on February 27, 2010
This week New York State changed its rules regarding teenage drivers to improve safety on the roadways. Effectiev immediately, teenage drivers with a learner's permit obtained at age 16 will be required to wait six months to take their road test to obtain a license...

Toyota Reeling In The Wake Of Recalls And Congressional Investigation

Posted on February 26, 2010
Toyota is in the midst of an absolute legal and public relations disaster as the result of its delay in responding to deadly defects in its cars and trucks which have apparently led to at least 34 deaths in the last decade. The problem is sudden acceleration, which has been blamed on floor mat interference and sticky gas pedals, but which many safety experts are attributing to the electronic systems in these vehicles...

Diabetes Drug Avandia Blamed For Heart Problems

Posted on February 22, 2010
In a front page story in the February 20, 2010 edition of the New York Times, Gardiner Harris reported on confidential FDA reports which have recommended that the diabetes drug Avandia be removed from the market. Apparently, FDA studies have determined that if diabetes sufferers had taken another drug, Actos, approximately 500 heart attacks and 300 cases of heart failure could have been avoided...

New York Slip And Fall-Preserving Evidence Key To Successful Outcome

Posted on February 01, 2010
If you are injured in a New York slip and fall accident or accident involving dangerous premises, it is vital that you get as much evidence as possible while in the store to win in Court or obtain a good settlement. Some examples: 1. Insist on providing a written report to the manager or supervisor of the store or establishment, which you review before signing, and get a copy of that report; 2...

Federal Government Bans Texting While Driving For Truckers/Bus Drivers

Posted on January 28, 2010
We have several written articles recently about the dangers of distracted driving, which has led to numerous fatal accidents and serious car crashes, and has become a huge safety issue with people continuing to text after they start driving their vehicles...

New York Dangerous Products--A Primer

Posted on December 29, 2009
At The Law Office Of Mark A. Siesel in White Plains, New York, we represent many clients who are seriously injured as the result of using a dangerous or defective product or machine. Frequently, by the time they come to our office, several days or weeks have passed since the accident occurred, and valuable evidence may no longer be available or has been discarded by the owner of the product...

New York Highway Accidents-Part 2

Posted on December 17, 2009
In our previous post in this two part series, we examined the causes of motor vehicle accidents and fatal crashes on New York State roadways based on a NYSDOT study called the Strategic Highway Safety Plan 2007. In this article, we look at the State?s finding regarding New York pedestrian accidents, truck accidents, and motorcycle accidents...

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