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Queens NY Medical Malpractice Law Blog

Can I sue for car accident injuries even if I'm partially liable?

Many car accidents are not the result of only one party making an error. This can be particularly troubling when injuries result from the accident - after all, if you are partially liable in the accident, doesn't that disqualify you from pursuing damages in a personal injury claim?

Fortunately for drivers in New York, partial liability in an accident does not completely disqualify one from pursuing or receiving damages.

Car accident injures pedestrians when vehicle jumps curb

Since New York is so busy and there are a great many motor vehicles on the road at all hours, it is inevitable that there will be crashes. With any car accident, there is a chance for injury and fatality. This is particularly true with pedestrian and bicycle accidents. Since pedestrians and bicyclists are not provided the same protection as a person in a vehicle, there is a greater chance that there will be significant injuries. This can include a brain injury, a spinal cord injury and worse. When there is an accident of any kind, it is imperative to have legal help to consider pursuing litigation.

A car ran off the road and hit three pedestrians outside of a shopping center. The accident happened in the mid-afternoon at around 2:45 p.m. when an 82-year-old woman driving a 2016 Toyota Corolla lost control of her vehicle. It ran onto the curb and three females. The pedestrians were 37, 42 and 58. The 58-year-old had head trauma and was hospitalized, reportedly in serious condition. The other two women had leg injuries and were also taken to the hospital. The driver was injured and hospitalized. Law enforcement does not believe there was any criminal behavior involved with the driver. The investigation is ongoing.

Study shows catastrophic injuries and construction deaths growing

New York construction workers know the general risks they face when they take the job. There are times when accidents will happen. They can be due to negligence, scaffolding falls, dangerous conditions and more. However, their employers are required to have certain safety procedures in place to mitigate the risk. However, a new report from the New York Committee for Occupational Safety and Health (NYCOSH) states that the number of construction workers who are killed on the job is increasing with many employers committing violations of code requirements and regulations.

The report was released simultaneous to New York City officials introducing new laws that are meant to improve safety of construction workers. According to the report, 30 workers died over the past two years. In the past 10 years, almost 500 have been killed. The U.S. Bureau of Labor Statistics for 2015 stated that nearly half of the construction fatalities in the state and 59 percent in the city were due to falls. The study by NYCOSH indicated that inspections of construction sites in the state discovered more than 68 percent had violations in terms of safety protocol.

Elderly man fatally struck by car while he was crossing street

With the number of drivers and vehicles on the road in New York, there is considerable risk for pedestrians and bicyclists that they will be in a motor vehicle accident. Given their vulnerability, people who are hit when they are not protected by a vehicle will often suffer significant injuries and fatalities. Those who are injured or lose a loved one in pedestrian and bicycle accidents must be aware of their rights to seek compensation after catastrophic injury or death in a crash.

A 67-year-old man died when he was hit by a car as he crossed the street. The accident occurred at around 7:30 p.m. when a 45-year-old driver in a Toyota Rav4 hit the man. The driver was heading east and made a right when he hit the man. Emergency services were called and found the victim with a severe head injury. He was taken to the hospital where he died. The driver of the Toyota remained at the scene and was arrested on a charge of failure to yield to a pedestrian who was in the crosswalk.

3 things to know about personal injury claims


When you are harmed in an accident, or if you are the victim of medical malpractice, you might decide that you are going to take action against the people or entities that are responsible for your injuries. This could be the other driver, the doctor, an insurance company, or even a government entity. If you are planning on seeking compensation, you should know some basic information about personal injury lawsuits.

Law proposed to protect construction workers from falls

New York construction workers are at constant risk for being in an accident that can cause serious injury or death. While there are laws that are designed to protect them, that does not mean they cannot be improved. The rise in the number of fatalities in the construction industry is worrisome and those who work in the building trades along with their representatives are seeking a change to the law that will mandate that the safety practices on construction sites be improved.

A new law known as the Construction Safety Act has been proposed to combat the increased number of fatalities on construction sites. From 2011 to 2015, the number of deaths increased by 22 to 55. 25 of the deaths were in New York City. In that time frame, the Occupational Safety and Health Administration (OSHA) reduced its number of inspections to 1,966 from 2,722. A study into construction accidents found that the highest rate of fatal construction injuries was in New York City at 4.7 times higher than the average rate.

Labor Law 240 is a win for New Yorkers


If you have a family member who works in construction, you know the lingering dread that today might be the day that he or she suffers an injury on the job. This is especially true for those whose loved one's regularly work with scaffolding.

Among the many things that New Yorker's may take pride in, however, is Labor law 240, which is commonly known as the "scaffold law." The terms of the scaffold law grant special privileges to individuals injured working on or around scaffolding, adding a great deal of responsibility to both the owners of a worksite property and the contractors who oversee a project.

Bus and subway accidents a danger for New Yorkers

New York is a commuter city with people needing to ride public transportation to get around. Because of that, there is an inherent trust placed in those who are operating buses and trains. These methods of transport are predominately safe. However, there are sometimes bus and subway accidents that can cause injury and even death. If there is an accident with a public transportation vehicle, those who were involved need to know that they have the right to seek compensation for all they have lost including medical costs, lost wages and more. With a death, the family has a right to pursue litigation.

A Long Island Rail Road train crashed when it arrived at its Brooklyn stop. The train was moving slowly when it hit a bumping block and crashed. A rail penetrated one of the cars of the train. The accident occurred at around 8:30 a.m. Around 100 people were treated for injuries. There were passengers who had to be taken off the train via stretcher. Others were sitting on the sidewalk with cuts and other injuries. One passenger had a broken leg. The investigation is ongoing.

Nursing home negligence leads to fatality and arrests

When New York families make the difficult decision to place a loved one in a nursing home, there is the expectation that a certain standard of care will be provided. There are also laws that must be adhered to and the resident should receive the attention that he or she requires. Unfortunately, there are times when facilities and its workers face allegations of ignoring standard procedures and it harms the resident. Other cases involve various forms of abuse whether it be physical, emotional, financial or all three. In some of these incidents, the resident will even die. If this happens, the family should be aware of their right to seek compensation through a legal filing.

Three employees were recently arrested for an incident that occurred in late-2015 in which an 81-year-old nursing home resident died after the staff allegedly failed to react to alarms from the resident's ventilator. The resident was in a wheelchair and relied on the ventilator to breathe. When the alarms began sounding, the workers did not respond for more than nine minutes. When they finally did, the resident was found to be unconscious and unresponsive. She was taken to the hospital where she died the next day. The workers are all facing charges of endangering a vulnerable elderly person or a disabled person's welfare. They also face charges of willfully violating health laws. The neglect is believed to have resulted in the woman's death.

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