Long Island Personal Injury Lawyer

How to Stay Safe When Driving in Urban Areas

Margaret Embry — Fri, 15 May 2009 17:43:17 GMT

According to the National Highway Traffic Safety Administration, in 2007 New York State saw 660 urban traffic fatalities. In order to decrease this number, all urban drivers should be aware of safe driving skills. Urban driving is full of congestion where too many cars, too many people, and little room for driving error can lead to frustration and sometime hostility. Patience and understanding safe driving skills can allow you to reach your destination safely (and sanely). Below are some tips to safely navigate though urban areas.

1. Plan ahead: Leave yourself more than enough time to reach your destination. Remember that weather conditions can have a big affect on travel time and congestion.

2. Concentrate: Give driving you full attention. Hang up your cell phone, quit eating, quit looking in the mirror and pay attention.

3. Yellow means yield: Resist the urge to go barreling through a yellow light. This aggressive and dangerous behavior puts yourself and others at risk.

4. Give fellow drivers a break: Let people in when they're changing lanes or merging into traffic. Don't take something irritating the driver does next to you personally.

5. Stop for emergency vehicles: When an emergency vehicle is flashing its lights and/or sounding its siren, state law requires all vehicles to move to the right and stop. This is true regardless of whether the vehicle is coming toward you or approaching from behind.

6. Buckle up: Always wear your seat belt and encourage your passenger to also.

Originally posted at InjuryBoard by Margaret Embry

More Drivers Are Uninsured As Recession Grows Deeper

Michael Levine — Tue, 17 Mar 2009 17:49:05 GMT

Chances are increasing that the next fender bender you are involved
in could be with someone without car insurance. As the recession
leaves millions of workers unemployed and pressures family budgets,
one place many are cutting is their insurance coverage.

The Insurance Research Council (IRC) estimates that by next year
nearly one in six motorists may be driving without insurance. That’s 3
million more uninsured drivers than just five years ago.

For every 1 percent increase in unemployment nationwide, the
percentage of uninsured motorists increases three-quarters of a
percentage point, IRC Vice President David Corum said. That could
result in a total of 16.1 percent by next year, an all-time high. The
rate was 13.8 percent in 2007. Based on current unemployment rate
projections, the percentage of uninsured motorists is expected to rise
to 16.1 percent in 2010.

The group examined data collected from nine insurance companies,
representing approximately 50 percent of the U.S. private passenger
auto insurance market. According to the IRC, the estimates for
uninsured motorist activity were based on a ratio of insurance claims
made by individuals who were injured by uninsured drivers to claims
made by individuals who were injured by insured drivers. The study
contains recent statistics by state on uninsured motorists claim
frequency, bodily injury liability claim frequency, and the ratio of
uninsured motorists to bodily injury claim frequencies.

New York is not in as dire shape when it comes to car insurance as it
is with the economy. The Empire State is tied for the third lowest
uninsured motorist rate at 5 percent, 4 percent behind Massachusetts. New Mexico led all states with a 29 percent uninsured motorist rate.

Travelers Cos. Inc. reports that there has recently been a mild
increase in uninsured claims and warns against dropping insurance as a
way to save money. William Pearse, the St. Paul, Minnesota company’s
vice president of product strategy and design notes that it’s equally
important to carry liability insurance that covers people in the other
car and to have uninsured motorist coverage on your policy, which
protects you if the other car is not insured. The average cost for
liability insurance in the United States is about $40 to $50 a month.
Although costs can vary, uninsured motorist coverage typically adds
from 7 percent to 10 percent to an insurance premium. Drivers without
at least liability insurance are breaking the law in all but two
states.

Originally posted at InjuryBoard by Michael Levine

Defective Car Cases

Michael Levine — Wed, 11 Mar 2009 23:08:04 GMT

When attempting to show a car manufacturer or seller’s liability for
a car defect, you do not need to show that they were careless. Unlike
personal injury claims that are based on negligence, liability in car
defect cases is controlled by strict liability. Regardless of the
steps a manufacturer says it takes in creating or handling a car, you
can make a strict liability claim based on a car defect if certain
conditions are present:

1) The car had an unreasonably dangerous defect that harmed you. The
defect may arise from either the car’s design, during handling,
manufacture, shipment, or through a failure to warn consumers of a
dangerous aspect of the car.

2) An injury arose from the defect, while the car was being used properly.

3) There were no substantial alterations to the car from its
original condition when sold.

Manufacturer Defenses

The car manufacturer and the seller may have a defense to your strict
liability claims, particularly if you have owned the car for some
time, if it can be shown that you knew about the defect but continued
to use the car anyway. This can be established through either the
car’s condition or from your description of the use of your car. In
some states, a manufacturer or seller may also be able to defend
against your lawsuit under the theory that your contributory or
comparative negligence was the cause of your injuries.

Punitive Damages

There has been an increasing trend in car liability of
awarding more punitive damages for those who have successfully brought
a claim against a manufacturer or seller. These punitive damages
awards are above and beyond damages to compensate a plaintiff for his
or her injuries, and can range into tens of millions of dollars in
certain instances. Punitive damages are intended to punish
manufacturers and encourage them to fix defects that have resulted in
injury. Traditionally, car manufacturers have engaged in what is known
as a “cost-benefit” analysis when deciding whether to change a
potentially defective design. In this process, the manufacturer will
calculate the cost of implementing a design change, and weigh that
cost against the potential cost of litigation and settlement after the
defect causes injuries. Punitive damages are often awarded in order to
add to the potential costs a manufacturer will face if it decides not
to fix a design defect, thus shifting the cost-benefit analysis toward
the elimination of defects.

Originally posted at InjuryBoard by Michael Levine

Car Accident Statistics

Michael Levine — Thu, 05 Feb 2009 17:44:18 GMT

Car accidents pose a serious threat to the public and car accidents are the leading cause of death for people under the age of 34. Judging from the available car accident statistics, all Americans will be involved in at least one car accident in their lifetime.

Nearly 43,000 people died in car accidents in 2002, according to car accident statistics available through the U.S. Department of Transportation’s National Highway Traffic Safety Administration. This figure had increased by 1.5 % from the previous year. Although the number of traffic-related injuries had declined from 3.03 million to 2.92 million, car accident statistics show that the number of fatalities due to drunk driving has steadily increased. More than one-quarter of Americans have been involved in a car accident in the last five years.

Additional car accident statistics:

About 26 % of drivers have been involved in a car crash in the last five years.

There were 17, 419 alcohol-related fatalities in 2002.

More than half the fatalities reported - 59 %- were not wearing seatbelts.

Deaths from rollover crashes totaled 82 %.

For the past five years, motorcycle fatalities have been steadily increasing.

Deaths of motorcyclists aged 50 and over have climbed by 26 %.

Every 13 minutes, there is a death caused by a car accident. Car accident statistics show that Americans from the ages of one to thirty-three are more likely to die from a car accident than from anything else. The good news is fatalities of children seven and under have dropped, most likely due to safety seats. Also, pedestrian deaths have declined by 1.9 percent.

Most car accidents are entirely preventable. Recent car accident statistics reveal that drivers involved in accidents are most likely distracted, tired or possibly drunk. The National Highway Safety Traffic Administration reports that most drivers engage in activities that take their attention away from the road. These activities include:

Talking with other passengers: 81 %

Playing with the radio or CD: 66 %

Eating or drinking: 49 %

Using a cell phone: 25 %

Originally posted at InjuryBoard by Michael Levine

Top Ten Dangerous Toys of the Past Year

Michael Levine — Wed, 21 Jan 2009 13:24:30 GMT

To help parents with the purchase of toys that are not only fun to play with but are safe for use, the nonprofit organization World Against Toys Causing Harm Inc. (WATCH) has issued its list of 9 toys that it considers dangerous enough that parents should exercise caution when allowing their kids to play with them.

Inflatable Giga Ball: Watch notes that this inflatable ball that kids can crawl into, tumble around, and bounce in could cause potential impact and serious injuries.

Sportsman Shotgun: This toy is made by Parris Manufacturing Co. and comes with rubber bullets that could cause eye injuries.

Animal Alley Purse Pet: WATCH is concerned that the hair on these, dolls made by Geoffrey Inc./Toys ‘R’ Us, can easily be removed and swallowed by kids, potentially causing aspiration and ingestion injuries.

Go Go Minis Pullback Vehicle: Made by Kid Galaxy Inc., WATCH is concerned that the toy truck’s back tires might come off and pose a choking hazard.

Spider-Man Adjustable Toy Skates: While Street Flyers LLC recommends that kids use knee pads, elbow pads, helmets, and wrist guards to prevent impact injuries, only the pads come with the skates.

Walk’n Sounds Digger the Dog: The toy’s dog leash is 2 inches longer than the toy industry 12-inch limit and may cause strangulation or entanglement injuries. This product is made by Hasbro/Playskool.

Pucci Puppies - My Own Puppy House Golden Retriever: This Battat Inc. toy comes with small parts that can pose a choking hazards to kids.

Meadow Mystery Play-A-Sound Book With a Cuddly Pooh: The Disney Pooh’s mask could pose a choking hazard to children if removed.

Extreme Spiral Copters: This slingshot-like toy can potentially cause eye injuries. Made by Toysmith Group.

Despite effort to remove dangerous and defective toys from the marketplace, many hazardous toys continue to be available for purchase. According to the Consumer Product Safety Commission, there are still many toys available on store shelves that place children at risk for sustaining:

- Choking Injuries

- Aspiration Injuries

- Burn Injuries

- Impact Injuries

- Strangulation

- Impalement

- Lacerations

- Puncture Wounds

- Lead Exposure-Related Injuries

- Magnet-Related Internal Injuries

- Death

Originally posted at InjuryBoard by Michael Levine

Peanut Butter Salmonella Recalls Include Little Debbie Snacks

Michael Levine — Mon, 19 Jan 2009 15:40:32 GMT

Little Debbie snacks are the latest peanut butter-containing foods to be recalled amid a nationwide salmonella outbreak. The outbreak has been linked to a Peanut Corporation of America (PCA) facility in Georgia which supplies peanut paste and peanut butter to 85 other food companies. Little Debbie joined a growing list of companies that recalled snacks over the weekend. Meanwhile, the Food & Drug Administration (FDA) is warning consumers to avoid eating any foods that contain peanut butter.

According to the Centers for Disease Control (CDC), the outbreak strain of Salmonella Typhimurium has sickened 474 people in 43 states. At least six have died. Nearly a quarter of those sickened have required hospitalization, the CDC said.

Peanut butter became the prime suspect in the salmonella outbreak after the bacteria was found in an opened 5-pound container of King Nut peanut butter made by PCA. That prompted both King Nut Company and PCA to recall peanut butters made at the plant, including those sold under the King Nut and Parnell’s pride labels.

Last week, the salmonella found in the King Nut peanut butter was confirmed to be the outbreak strain, and late Friday, investigators announced they found salmonella in peanut butter at PCA’s Blakely, Georgia facility. That plant has since been closed pending further investigation. In addition to peanut butter, the PCA factory also makes peanut paste, an ingredient in everything from baked goods to sauces.

The announcement set off an avalanche of recalls which are sure to continue in the coming days. Kellogg Company was the first to issue a snack food recall on Friday evening. The company is recalling several varieties of Keebler and Austin snack crackers as cookies, as well as Famous Amos cookies made with peanut butter.

Yesterday, McKee Food Corporation recalled all sizes of Little Debbie Peanut Butter Toasty sandwich crackers and Little Debbie Peanut Butter Cheese sandwich crackers. According to a McKee Food press release, those crackers were also made by Kellogg.

As a precaution, the FDA is urging consumers to avoid all snacks containing peanut butt or peanut paste until the salmonella investigation is complete. However, the agency said most peanut butter sold in jars at retail stores appears to be safe. PCA peanut butters are sold in bulk to food service firms and institutions.

Originally posted at InjuryBoard by Michael Levine

Bedsores Do Not Just Happen to "The Elderly"

Jim Forde — Wed, 14 Jan 2009 20:02:00 GMT

It is a common misconception that decubitus ulcers ("bedsores," "pressure wounds") only happen to people of advanced age that are bedridden for extremely long periods of time. While factors like age, incontinence and certain types of medication are factors-----pressure, friction, humidity and temperature can cause this potentially deadly condition to develop in a shockingly short period of time, regardless of age.

RGGL was recently contacted by the family of a working woman in her 50's who walked into a Bronx hospital under her own power complaining of back pain. Although she had diabetes and hypertension (controlled by medication) she had no other significant medical history. She did require back surgery, and was hospitalized for approximately 8 weeks.

Her family came to meet with hospital staff members in anticipation of her release from the hospital for the holidays. One of her daughters was told that family members would have to be instructed in "wound care," which she presumed related to the surgical incision from the back surgery. She was shocked to learn (and see) that her mother had developed serious decubitus ulcers on her lower back and buttocks while at the hospital. This unfortunate woman now faces a long road to recovery, and remains hospitalized in a different institution, facing many complications such as the continuing spread of infection.

The development of bedsores can be easily prevented with proper care. They routinely appear on "bony" areas of the body that will remain in contact with the bed's surface for extended periods of time (heels, low back, elbows, ankles, e.g.) However, even the simple procedure of turning the patient every 2 hours can prevent this condition from occurring in the first place. These ulcers can begin as seemingly innocent areas of redness on the parts of the body mentioned. If you or someone you know have a loved one in the hospital or bedridden at home, make sure you discuss preventative measures with their health care professionals. Bedsores are no "accident;" they result purely from neglect.

Originally posted at InjuryBoard by Jim Forde

More Drivers Driving Without Car Insurance

Michael Levine — Thu, 08 Jan 2009 16:07:00 GMT

Americans have been seeking ways to cut their spending in these tumultuous economic times. One of the biggest cost casualties has been car insurance. The number of uninsured motorists nationwide has doubled in the past year from 10% to 20%, according to the online agency Insurance.com.

"Money is a little tight with people, and they decide if they need to skip on something, they'll let their insurance lapse," said Sam Belden, Vice President of Insurance.com. "It's directly attributable to the economy," he added. "And it's exacerbated by premiums also rising over the past year. When people are squeezed the most, the insurance rates are also going up."

Belden said insurance premiums have increased by 6 or 7 percent this year.

The Insurance Research Council, a group funded by the insurance industry, is expected to release a study next month showing that several hundred thousand drivers dropped their insurance in 2008, partly because of the economy and jobless rate. About 40 percent of callers who followed up on online applications this year let their policies lapse, up from 10 percent a couple of years ago.

David Corum, vice president of the council, said the study shows that a single percentage point increase in unemployment is associated with a half-point increase in uninsured drivers. Despite the hike in rates and the stumbling economy, Belden said policyholders should never let their coverage lapse. Drivers who let their policies lapse usually must pay up to a 50 percent surcharge for a new policy.

Belden said drivers should talk to their agents about various payment options suited for their income. "If you pay once every three months, the amount may look absurd," Belden said. "You can move to monthly payments to even it out. If it gets too desperate, some insurance companies take partial payments at a time. If all else fails, maybe you're with the wrong company. There's a lot of rate variation between the insurance companies out there."

Originally posted at InjuryBoard by Michael Levine

Toddlers and Toxic Substances

Jim Forde — Wed, 07 Jan 2009 19:13:04 GMT

No parent would let their child play with a can of drain opener.

But the impact that more "ordinary" household cleaners, sanitizers and other substances can have on the metabolism of small children should NEVER be overlooked. The reasons are simple and various:

- Underdeveloped immune systems in children

- Smaller concentrations of toxins have greater effect on their smaller body mass

- They tend to put EVERYTHING in their mouths and noses---from their fingers to toys, clothing, baby wipes, etc.

- Direct contact with carpet and upholstery, leading to exposure to cleaning fluids

- More exposure to caustic/abrasive bathroom cleaners used in tubs/bathrooms

One recent observation I have made is that many types of cleaning products are now made in "disposable wipe" form----like furniture wipes, bleach-containing cloths, Armor All, hand sanitizer----you name it. I guarantee you a toddler will not discriminate between an "Anti-Dust Formula Pledge Wipe with Allergen Trappers and the Natural Beauty of Lemon" and one of their own baby wipes if the polishing wipe is carelessly left hanging around. Of course, while it is probably not a good idea for a toddler to put either one in their mouth, I'm not sure what an "Allergen Trapper" really is, and I am reasonably certain that the beautiful 'lemon scent" is anything but natural. So take care how these seemingly harmless household products are used where small children will be present.

Originally posted at InjuryBoard by Jim Forde

New York's Liquor Liability Law - Too Much Holiday Cheer Comes With a Price...

Jim Forde — Tue, 30 Dec 2008 21:34:13 GMT

Under New York Law, bartenders, shopkeepers, wait staff and other persons who serve alcoholic beverages to "visibly intoxicated" persons can cause their employers to be held legally responsible for injuries or death to innocent third parties. This liability extends not only to motor vehicle accidents caused by drunk drivers, but also to victims of assaults or brawls precipitated by continuing to serve intoxicated patrons.

Employees who serve alcohol are trained to see if patrons have slurred speech, bloodshot eyes, exhibit loud or abusive behavior, or have problems with balance. They are expected to use good judgment in whether or not to continue to serve a patron who appears to be drunk.

Parents or other adults who serve alcohol or provide drugs to minors at parties in their home can similarly be held responsible if injuries result.

Enjoy the holidays----but let common sense prevail.

If you or a loved one has been injured because of such poor judgment, consult an attorney to explain and protect your rights.

Originally posted at InjuryBoard by Jim Forde