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New York Personal Injury Law Blog

NY pedestrian struck and killed in tragic accident

Walking is a popular, efficient and economical way to get around New York City and many communities throughout the state. With proper precautions, it is also a safe way to travel and see the Big Apple and neighboring communities. Unfortunately, accidents can happen. A recent case provides an example.

NHTSA calls for caution during "Blackout Wednesday"

The United States Department of Transportation's National Highway Traffic Safety Administration (NHTSA) is calling attention to what has become a tradition among many throughout the country. On the Wednesday before Thanksgiving, groups are getting together to drink heavily in anticipation of the upcoming holiday. This leads to a surge in drunk driving, increasing the risk of catastrophic drunk driving accidents.

In an effort to combat this growing trend, the feds plan to increase their social media presence, flooding various platforms with #BoycottBlackoutWednesday. The goal is to encourage positive actions and reduce the risk of fatal crashes.

Understaffed nursing homes lead to serious injuries, even deaths

One of the biggest problems in nursing homes across the country is that many do not have enough people on staff. Unfortunately, this is not a new issue. Understaffing has been a consistent concern for years.

This is a nationwide problem. However, here in New York, the most recent report determined that a mere 31 out of 617 nursing homes had appropriate staffing levels. This news is rightfully alarming, but it is essential that families understand the risks this problem poses.

New York school bus accidents: What are my legal rights?

Few accidents are as tragic as those involving school bused. Whether the accidents were the result of driver error, poor road conditions or mechanical failure, these crashes can result in catastrophic injuries for some of our most vulnerable loved ones.

These accidents also lead to questions -- questions about responsibility and victim rights. This post will discuss a recent elementary school bus accident to provide some guidance on how authorities answer these questions and what options are available for victims.

Slip and fall in New York: How long do I have to file a claim?

New York state law requires property owners to keep the property in good condition. More specifically, state law says the owner must use "reasonable care to keep the premises in a reasonably safe condition for the protection of all persons whose presence is reasonably foreseeable." But what does this mean? Who does the law require actually keep the property safe? Is there a time limit to file a claim?

What does the law say about these cases?

First, it is important to note that slip-and-fall accidents and the laws that provide relief for victims are generally bound by state law. As such, the details may vary by state. Although the information provided in this piece is fairly broad, it is written focusing specifically on the application of New York law.

Feds call attention to dangers of drowsy driving

The National Highway Traffic Safety Administration (NHTSA) recently announced an Information Collection Request (ICR) for a survey about drowsy driving. The survey is currently under consideration. At this time, it is going through a comment period. Organizations and individuals can comment on whether or not they think the survey would provide beneficial information. Thus far, both General Motors and the American Alliance for Healthy Sleep have provided comments in support of the survey.

Teen drivers in NY: Two things to know about car crashes

Getting a drivers' license is a momentous occasion. Teenagers take courses and study for a written test, they practice behind the wheel and take a practical test and if they pass both they get to go to the Department of Motor Vehicles (DMV) desk to fill out paperwork, take a photo and get their drivers' license.

Although the entire process leads to a moment worth celebrating - the ability to drive on your own - it is important to appreciate the seriousness of what comes next. Driving is a huge responsibility and a failure to do so safely can come with tragic consequences. Three things young drivers and parents should discuss prior to letting these drivers enjoy their newfound freedom are outlined below.

New York bikers and dooring: Are there legal remedies?

Hazards abound when biking in a big city. Between dodging vehicles and potholes, it is easy to miss a driver or passenger within a vehicle opening their door into your path. It is difficult to react in time to avoid a collision, and these collisions can result in serious injuries.

What does it mean to get doored?

Car dooring is a term commonly used in the cycling community. It refers to having a door from a vehicle opened directly into a biker's path.

New York tries curbing fatal accidents with new backseat buckling law

November promises to be an interesting month with the nation's attention on current events, many that will spill over from the previous month of October. One piece of news focuses on the first day of November with a new state law taking effect.

The New York state's seat belt law is expanding to mandate rear seat passengers 16 years and older to buckle up as well. The new requirement involves not only personal motor vehicles but also taxis and ride-shares, including Uber and Lyft.

Rideshare Companies Continue Their Legal Battle

While competitors in the ride-sharing industry, Uber and Lyft have a similar business model created to allow California residents to earn a little extra money transporting people to various destinations. However, providing those workers "independent contractor" status got the attention of San Francisco, San Diego, and Los Angeles authorities who objected to the classification.

The state joined the high-profile cities in a lawsuit to give drivers more labor protections, mainly if they are involved in accidents with other vehicles or physical attacks from customers while doing their job. As independent contractors, they would not have the option of workers' compensation and other types of benefits.

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