A Negligent Ambulance Driver Can Cause Serious or Fatal Injuries

Ambulance accidents have become common throughout New York State.  According to the National Highway Traffic Safety Administration (NHTSA), nationally, on average, there are approximately 4,500 accidents involving ambulances and 33 deaths each year. The vast majority of these deaths are to the driver of the other vehicle.  Ambulance accidents often involve:

  • Pedestrians;
  • Bicyclists;
  • Motorcyclists;
  • Drivers of vehicles;
  • Passengers of vehicles; and,
  • Patients that are transported.

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Be Mindful: March is Brain Injury Awareness Month

The Brain Injury Association of America (BIA) has announced that March is Brain Injury Awareness Month. This year’s theme is “Change Your Mind,” which will provide a platform for educating the general public about the incidence of brain injury and the needs of people with brain injuries and their families. The campaign also lends itself to outreach within the brain injury community to remove the stigma associated with these injuries. It also empowers survivors of brain injuries and promotes the various forms of support available.
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Motorcycle Accidents in New York

With clear skies and sunshine, the summer months are sure to be the peak time for New York motorcyclists to head out on the open road. Due partly to rising gas prices, more people are using motorcycles than in recent years. In 2015, there were 8.6 million private and commercial motorcycles on the road. With more cyclists on the streets, there is a greater likelihood for a serious motorcycle accident to occur. According to the National Highway and Safety Administration (NHTSA), fatal motorcycle accidents occur 27 times more frequently than fatalities for other motor vehicles. A number of various factors contribute to these serious accidents, including errors by motor vehicle drivers and distracted driving. Since New York’s no-fault laws generally do not apply to motorcycles, these types of accident cases are handled differently from other motor vehicle accidents.

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New York County Supreme Court Upholds Decision Under Respondeat Superior Doctrine

The New York County Supreme Court was tasked with deciding if an employer should be liable for damages caused by one of their employees while running a company errand. Justice James d’Auguste in the case of Couillard v. Shaw reviewed the jury’s decision and the doctrine of respondeat superior in deciding to uphold the $12 million verdict.

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Award for Pain and Suffering Affirmed in Slip-and-Fall Case

As many as 1 million people in the U.S. suffer from slip, trip and fall accidents annually, according to the Centers for Disease Control and Prevention. Slip-and-fall accidents can result in serious injuries that require compensation for special damages, including medical bills, rehabilitation, lost current and future wages and other types of care as a result of the injury. An individual may also be able to recover general damages, which include compensation for pain and suffering and change of lifestyle. Recently, a New York City resident suffered from a serious slip-and-fall accident that resulted in a monetary award for liability and pain and suffering damages.

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What Does “Assumption of the Risk” Mean?

The legal defense “Assumption of the Risk” describes a participant’s involvement in a potentially risky activity.  One example involves a sport or recreational activity.  When the participant consents to take part in such an activity, legally they are sometimes assuming responsibility for the common risks associated with the activity. For example, a football player assumes the risks of suffering bodily harm on the football field because the sport involves constant physical contact with other players.

Motocross, another potentially dangerous sport, consists of motorcycle drivers on a track with hills, jumps, and obstacles. In a 2011 incident, a motocross participant was injured at the Long Island Motocross track in Yaphank, New York. The defendant (owner of the racetrack) argued that the plaintiff assumed the risk of injuries suffered in the motocross race. The plaintiff argued that the poor condition of the racetrack increased the risks associated with the sport and ultimately caused his injury. Continue reading “What Does “Assumption of the Risk” Mean?”