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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Category: Personal Injury Law
McGuire & Pelaez, Suffolk County (Long Island) personal injury attorneys, discuss common personal injury questions about claims, compensation, lawsuits and more.
Tragic New York Boating Accident Case Comes to a Close
As the weather heats up, more New Yorkers are taking their boats out onto the open seas. Although boating is a fun activity to engage in, it is important to recognize that it can also be extremely dangerous if certain precautions are not taken. Boat accidents may occur for various reasons, including boating under the influence, negligent speeding, or a manufacturers defect, among others. Recently, a New York man was convicted of manslaughter in a horrific boating accident that occurred on Lake George and resulted in the death of an 8-year-old girl and other serious injuries.
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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.
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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Estate Not Entitled to Any Damages in New York Wrongful Death Suit in Sunrise Highway Accident
When 64-year-old Juan Estevez attempted to cross Sunrise Highway in Freeport, New York, he was struck by a left turning vehicle. The January 2013 Sunrise Highway accident left Estevez with severe injuries to his head, ribs and sternum. After resuscitation efforts failed at the hospital, he was pronounced dead. Mr. Estevez was survived by three adult sons.
The estate of Mr. Estevez brought suit against the driver. A Nassau County jury found that both the driver and Mr. Estevez were responsible for the accident. The driver testified that he could not have avoided the impact because Estevez was wearing dark clothing, walking against the light, and walking outside of the crosswalk. The jury subsequently found that the driver was 22% liable and Mr. Estevez 78%. Even though the driver was found to have been 22% liable for the accident, the court held that the estate was not entitled to any damages at all for pre-impact terror, pre-death pain and suffering, or loss of parental guidance.
Sudden Danger Leading to Automobile Accidents
Being faced by a sudden danger of a pedestrian suddenly darting out into traffic, or another vehicle’s failure to yield can be terrifying. Often divers in these situations are unable to prevent a crash from occurring. Claims arising from these situations are often argued under the common law’s “emergency doctrine.”
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New York Residents Now Allowed to Sue for Exposure to Contaminants from Superfund Sites
The Albany Times-Union recently reported that Governor Andrew Cuomo signed into law a bill that gives New York State residents the power to file personal injury claims against polluters, who, they claim, caused them to become ill as a result of being exposed to contaminants from nearby Superfund sites.
Long Island Limo Driver’s Charges Dismissed After Fatal Crash
A Suffolk County Supreme Court Justice dismissed the charges against the limousine driver involved in a fatal Suffolk County crash last July. Carlos Pino, age 59, was attempting to make a U-turn at an intersection in Cutchogue after picking up his passengers from a nearby winery. Upon attempting to make the U-turn, the limousine was broadsided by a pickup truck that what being operated by a driver under the influence. Four of the passengers Brittney Schulman, Lauren Baruch, Amy Grabina, and Stephanie Belli were killed in the accident, and four others were injured.
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Drunk Driver Arrested in Violation of Leandra’s Law
Riverhead Town Police arrested a woman on charges of violating Leandra’s Law when she was driving drunk with her two children in the car.
Town officers stopped Prudence B. Williams on East Main Street on April 28 at approximately 11:50 p.m. for a vehicle and traffic law infraction. Police found that she was “driving under the influence of alcohol” while her two daughters — a six-year-old and a six-month-old — were in the vehicle with her.
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