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White Plains New York Personal Injury Law Blog

Forklift Construction Accident Kills Worker in Brooklyn

33361089_S_ambulance_first_responder_road_driving.jpgA 44-year old construction worker was killed recently when a falling piece of metal that had been dropped from a forklift struck him. Responders were unable to save him and he died at the scene of the construction accident.

The victim had been on the roof of the six-story condominium development in Bedford-Stuyvesant. A manual forklift was hoisting a large piece of metal-framed wall. The machine fell over on its side, causing the metal to fall on the worker.

Tragically, the worker's two sons and a brother were also employed at the site which once was the location of the Cascade Linen factory. One of the sons was part of a team that frantically tried to get the wall off of the victim.

New York Social Host Laws: Avoid Serving Alcohol to Minors

492871_1920_ L_Alcohol_drinking_Partying.jpgIt's party season, and whether you are planning a holiday party, a New Year's celebration or game day bash, you need to understand how New York social host liability laws might apply.

If you are hosting a party where alcohol is served on property that you control, then you are considered a "social host." This term does not include vendors who sell alcohol at restaurants, bars or other venues.

Social host laws define whether social hosts are responsible, or liable, for damages caused by guests to whom they have served alcoholic beverages, and most states have some version of this law. The goal of these laws is to discourage underage drinking at those gatherings where adults knowingly let minors drink alcohol.

Recent Queens Hit and Run Pedestrian Accident Proves Fatal

92109474_S_pedestrian_man_walking_cross_walk_evening_dark_backpack.jpgHit and run accidents are on the rise everywhere and that includes New York too.

A recent pedestrian hit and run accident in our area took the life of a 29-year old Tribeca man. The victim was crossing a street in Forest Hills in the early evening when he was struck by a sedan which - according to witnesses - never even slowed down. With severe trauma to the head and body, the victim later died at the hospital.

The vehicle was identified and the driver later arrested.

Local residents are calling for changes and cited a years-long push to install speed bumps in the neighborhood. So far the city has denied the requests, citing too many cut-out driveways. Many drivers use this quiet neighborhood as a dangerous cut-through.

Study Shows that Ridesharing Services Increased Traffic Deaths

2165210_1920_M_car_accident-.jpgA recent study from the University of Chicago and Rice University reports that the rise of ride-sharing services has increased traffic deaths by 2-3% since 2011. The increase is equivalent to up to 1,100 fatalities each year.

One reason for the increase in fatalities is more miles traveled. More miles driven means more auto accidents and more deaths. Uber and Lyft drivers spend, on average, 40% to 60% of their time "deadheading," or driving empty while they search for passengers. The average driver will travel almost 3 miles between fares.

The traffic fatalities include more pedestrian deaths, more deaths on the weekends and at night, and more fatalities overall than normal trends would have predicted.

Questions To Ask When Renting a Limousine

15984039_S_limo_black_car_limousine.jpgThe community of Amsterdam, New York has rallied around the families of the victims who died in last month's devastating limousine crash in Schoharie. Even before the last funeral for the 20 victims ended, friends and community members have worked to create fundraisers to help the children impacted by the crash.

While the investigation into this deadly accident continues, many limousine service customers are questioning the safety of these types of vehicles. One common inquiry is about seatbelts, as preliminary results into the Schoharie crash indicate that the passengers were not wearing seatbelts and that there weren't enough belts for the 15 passengers.

Rear-End Collision on I95 Kills New Rochelle Man

Car_Crash.jpgRear-end collisions are very common. In fact, they comprise up to 28% of all car accidents, according to the National Highway Traffic Safety Administration (NHTSA). Many of these accidents are minor, but some can result in serious injuries and even death.

This is the case in a recent rear-end crash on I95 in Stamford, CT, where a New Rochelle man was killed while sitting in the back seat of a Ford Fiesta. The car was rear-ended and pushed into the median where it slammed into a concrete barrier. Two other vehicle occupants were injured seriously but are expected to recover.

The Fiesta was the middle vehicle in a three-car accident. A Jeep ahead of the Fiesta stopped for traffic, as did the Fiesta. However, a large Chevy Suburban did not stop and hit the small car from the rear.

Although the cause of the Stamford accident has not yet been determined, driver distraction including texting is often the cause of rear-end collisions. Other causes include tailgating or following too closely, speeding, driving under the influence of alcohol or drugs and fatigue. Some causes are out of the driver's control such as mechanical failure and poor road or weather conditions.

7 Tips To Enjoy Halloween Safely

Halloween_Costumes_Children.jpgHalloween is every child's favorite holiday. After all, when else can you dress up as your favorite character, get free candy and stay up late - even on a school night?

Unfortunately, children are more than twice as likely to be killed in a car accident on Halloween than on any other day in the year. In fact, the month of October has the second highest average motor vehicle deaths at 3700, second only to July with 3,800 fatalities.

Don't let your Halloween fun be spoiled by a serious injury. Here are our top Halloween safety tips to share with your child:

1. Choose costumes carefully. Avoid tripping risks by making sure that the outfit isn't too long and that your child wears comfortable shoes.

2. Ditch the masks. Masks that obscure vision can lead to dangerous tripping and falling down stairs. Opt for non-toxic makeup and add a decorative hat. Be sure to test the makeup for any reaction in advance on a small patch of skin.

3. Increase visibility. Add reflective tape to treat bags and costumes. Give each trick-or-treater a small flashlight to carry.

4. Go with a group. Children should never go out alone. Have your child join a group and visit only those homes that display lights inside and out.

5. Plan for safety. Discuss your teen or tween's route in advance. Communicate your curfew and stick to it. Make sure they have their fully-charged cellphones with them.

6. Put down electronics. Trick-or-treaters should put mobile phones away when walking and cross the street only in crosswalks or at traffic lights. Never run into the street between parked cars.

7. Never go into a stranger's home or car. Coach your child on safe behavior on Halloween and every day.

Devastating Limo Crash Kills 20 in Upstate New York

36915930_S_car_wreckage_crash_black_.jpgIt was supposed to be a birthday celebration at an upstate New York brewery when 17 young friends hired a bus for a trip to a brewery. At the last minute, a 2001 Ford Excursion stretch limousine was substituted when the bus was not available.

When the limousine barreled through a stop sign in Schoharie, hit a parked car at 60 miles per hour and slammed into a ravine, all 17 passengers and the 53-year old driver were killed as well as two pedestrians.

Tragically, the victims included four sisters and two brothers. There were two newlywed couples and parents of young children among the fatalities.

Investigators from the National Transportation Safety Board confirmed that this was the deadliest U.S. accident in 9 years.

Drunk Driver Mows Down Boy Scouts, Killing One

1866883_1920_L_adult_drinking_alcohol_Beer_driving_drinking and Driving_Man.jpgThe Boy Scouts ages 12-16 were walking on the shoulder of David Terry Road in Manorville, facing oncoming traffic along with their adult chaperones. Suddenly, an allegedly drunk driver barreled into 5 of the Scouts, head-on, injuring all of them including two seriously. One 12-year old boy later died of his injuries.

Although drunk driving fatalities in the U.S. have decreased by 51% since 1982, they still occur far too frequently. Car accidents caused by alcohol-impaired drivers account for 28% of total vehicle fatalities and are entirely preventable. In 2016, 283 people lost their lives in New York drunk driving accidents.

The 59-year old SUV driver involved in the Manorville accident has so far been charged with driving while intoxicated and has had his driver's license suspended.

How Truck Accidents Are Different from Car Accidents

41978188_S_Traffic_Cars_Highway_Truck_Lights_Road_Grass_.jpgIf you or a loved one has been involved in a truck accident, you know that they are far different than a car crash.

First of all, consider the huge differences between the two vehicles in size and weight. A tractor-trailer can be up to 53 feet long - 3 times the length of the largest SUV - and weigh up to 80,000 pounds.

A typical truck accident will cause substantial damage to the smaller vehicle. But there are other differences between these two types of accidents than just size.

  • $2.05 Million Settlement Mother of Two Struck and Killed by Motorist

    StolzenbergCortelli LLP recently resolved a heart breaking wrongful death action. The mother of two was struck and killed, while she crossed a roadway.

  • $1.1 Million Settlement StolzenbergCortelli LLP Settles Trip Over Nail Case

    Terrence and Howard settled a trip and fall case for $1,100,000. In this case, our client (a resident of Brooklyn) was a cleaning lady who was hired to clean the newsroom of the Wall Street Journal.

  • $750,000 Verdict Jane and John Doe v. Defendant Driver

    The names are redacted for privacy reasons. In this automobile accident case, the female plaintiff was injured and suffered seriously debilitating injuries.

  • $525,000 Settlement Injured When the Trailer upon which He was Standing Collapsed

    Our client was a teamster, working at a concrete plant in Westchester, when he was seriously injured. At the time, he was standing on a trailer, which is colloquially known as a "low boy", when the wooden slats upon which he was standing, collapsed.

  • $457,500 Settlement Car Accident Victim With Pre-Existing Neck Injury

    Settled a client's case for $457,500. The client suffered a significant cervical spine injury requiring a fusion surgery.He was t-boned by a car exiting Purdy's farmer and the Fish in Somers, New York.

  • $450,000 Settlement StolzenbergCortelli LLP Settles Construction Accident Case

    Howard Stolzenberg settled a case for $450,000 where a construction worker was forced to use an exterior fire escape ladder to access the top of the building all while carrying a one gallon bucket of paint. The worker fell and fractured his ankle.

  • $100,000 Settlement Teenager Hit From Behind

    We just settled a case for a young girl who was injured when she was struck from behind while waiting at a red light at an intersection near the entrance to the Saw Mill in Yonkers. She had hip and shoulder surgery.

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