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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Tag: personal injury

McGuire & Peláez P.C. is a full service law firm operating in Central Islip on Long Island, New York. These articles emphasize on handling personal injury cases, For more information contact McGuire & Peláez P.C. at 631-348-1702.

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.

Continue reading “Estate Not Entitled to Any Damages in New York Wrongful Death Suit in Sunrise Highway Accident”

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.

Continue reading “New York Residents Now Allowed to Sue for Exposure to Contaminants from 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.

Continue reading “Long Island Limo Driver’s Charges Dismissed After Fatal Crash”

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.

Continue reading “Drunk Driver Arrested in Violation of Leandra’s Law”

Deck Collapse Injures Two During Party

Two people were injured when a deck collapsed during a house party in East Setauket. CBS News reported that 400 people — mostly students at Stony Brook University — attended a party at the house to celebrate “move-in day.” It was estimated that as many as 50 people were on the 10-foot-high deck when it collapsed on August 26, 2016, at 11 p.m.

Of the two who were injured, one had a broken leg and the other suffered abrasions. Police were called to the scene after a neighbor complained about the noise and the number of cars parked in front of the house.

Continue reading “Deck Collapse Injures Two During Party”

Car Crash Occurs at Same Intersection Where Fatal Limousine Accident Took Place

The Suffolk Times reported that three people were hospitalized after their car was rear-ended by another vehicle at the intersection of County Road 48 and Depot Lane in Cutchogue. The site of the crash was also the same place where a fatal limousine accident occurred last year.

According to the article, a 23-year-old man driving a 2005 Nissan was heading westbound on CR 48 on July 31, 2016, at approximately 6PM, when he was hit from behind a 19-year-old driving a 2013 Nissan. Three passengers in the second vehicle suffered minor injuries and were treated at Eastern Long Island Hospital. No charges were filed.

Continue reading “Car Crash Occurs at Same Intersection Where Fatal Limousine Accident Took Place”

Construction Worker in Critical Condition after Toxic Fumes

Dangerous fumes at a Midtown renovation site caused three construction workers to fall ill on February 24, 2016.  According to a New York Fire Department spokesperson, one of the workers is in critical condition and was rushed to Bellevue Hospital.  The other two construction workers suffered minor injuries.

Continue reading “Construction Worker in Critical Condition after Toxic Fumes”

Anchor It! Campaign Raises Awareness of Furniture Tip-Over Deaths and Injuries

According to national statistics, a person is injured by furniture that has tipped over every 15 minutes.  38,000 Americans visit the emergency room each year due to furniture or TVs that have fallen on them.  Children are especially at risk as they are likely to climb on furniture and use the home as a playground.  In fact, most of the injuries sustained by furniture tip-overs involve children, and can even result in death.  Sadly, every two weeks a child dies due to a furniture tip-over.  These accidents are entirely preventable by anchoring furniture in place. Continue reading “Anchor It! Campaign Raises Awareness of Furniture Tip-Over Deaths and Injuries”

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?”

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