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New York Personal Injury Law Blog

How is the severity of a brain injury measured?

If you recently learned that a loved one suffered a head injury, one of your first questions may be about how serious the injury is. However, the answer to your question may be more complicated than you expect.

Every brain injury can be considered unique. The effects of an injury may depend on the type of force that caused it, the amount of force that caused it, where impact occurred and other factors. Fortunately, the Glasgow Coma Scale is a common scoring system that most medical professionals use to discuss the level of consciousness someone has after a traumatic brain injury (TBI).

After the accident: What is PTSD and how to handle it

It was only a quick ride to the grocery store. You headed home and sailed through a green light. Unfortunately, another driver sped through a red light and t-boned your car. You saw the lights blaring, remember the ambulance ride and now find yourself in the hospital. What just happened?

No one plans a motor vehicle accident. The aftermath is harrowing. Medical bills and lost wages only increase the stress of your life. Within a month or so, you notice sleep problems, startled responses and a fear of riding in a car. What does all this mean?

Fender bender? Yes, you do need to see a doctor

You headed off to the grocery store, you obeyed the speed limit and stopped at the red light. Suddenly, you felt a bump from behind. It wasn’t a big one. And when you got out to check the damage, it was minor. You exchanged numbers with the other driver and finished your errands. There was no physical damage to you, right? Wrong!

Even small jolts to our body can cause lasting damage if left untreated. You may not feel bad right away, but seeing a doctor as soon as possible is definitely in your best interest.

The hidden dangers of ignition interlock devices

Ignition interlock devices, used in 34 states, are an accepted way to allow those convicted of drunk driving back on the road without endangering other motorists. Effectively, it's an established method to stop drunk driving before it starts. An ignition interlock device requires the driver to blow into a machine that tests their blood alcohol concentration. If the driver passes the sobriety test, they can begin their trip. If they fail, the car won't start. The result is one everyone can approve of: The driver must find a new means of transport, and the roads will be safe from at least one drunk driver.

Ignition interlock devices do seem to be effective. Mothers Against Drunk Driving President Helen Witty claims that the devices have thwarted three million attempts to drive drunk in the past 12 years.

Is an apartment liable when NY man dies in fall off fire escape?

A 30-year-old New Yorker stepped out of his apartment to have a smoke on his fire escape early one morning. The prior evening had been rainy, and the surface was still wet. During his time outside, the man slipped and fell. The fire escape was located off the fifth floor of the apartment building - the fall was fatal.

The tragic accident leaves loved ones wondering what went wrong. Others in similar situations may ask who is liable for these types of accidents? If the fall was the result of a defect on the fire escape, the apartment owner may bear some responsibility in the accident. This would arise under the legal theory of premises liability.

What happens when you're hit by a food delivery driver?

With the rise of online ordering, services like DoorDash, Caviar, and UberEats are becoming increasingly popular. Spaghetti bolognese, salmon sashimi, barbecue, beef dumplings, deep-dish pizza - any food you could imagine can be on your doorstep in a matter of minutes.

When one of these drivers gets in an accident, it's different from just getting hit by another passenger vehicle. If you are driving and are in a car accident with a commercial delivery driver, you will be dealing with not only the driver, but the company behind them. Here's some information on New York's most popular ordering apps' occupational accident policies.

Where are the blind spots on a commercial truck?

Most motorists know that truck drivers must have a special license, called a Commercial Driver’s License (CDL), to be able to operate tractor-trailers. Some drivers may also know that truck drivers must follow a strict set of rules when operating a tractor-trailer. However, many drivers don’t realize that these large trucks have operating limitations that are very different from the limitations of passenger vehicles.

One of the most important limitations to consider is the vehicle’s blind spots. Because of the size and shape of commercial trucks, they have large blind spots on all four sides.

Non-economic damages in wrongful death bring math into emotions

The emotional weight of a wrongful death is immense. There's the cold shock of reality, the numbness of depression, and the constant worry about the future. No matter what role that person played in your life, having them leave this world so suddenly can create an unfillable hole in your heart and life. Many people in these situations seek help and guidance through wrongful death cases.

The greater the injury, the larger the potential monetary awards, so a wrongful death can significantly raise the stakes. The passing of someone means that those around them have a new financial landscape to navigate. Whether or not they were the breadwinner, assessing economic damages can be seen as easier. It's assessing quantifiable data like lost wages. In addition, many choose to seek out compensation based on non-economic damages, or as it is colloquially known, "pain and suffering." This is where the process gets complicated.

After spate of crashes, Revel yanks its mopeds off the streets

Emerging technology was supposed to help usher in a new era of urban transportation. Instead, it seems to be getting people killed and injured.

Since launching in the summer of 2018, Revel had allowed users to rent mopeds on-demand throughout New York City. As of July 28, 2020, the vehicles are no longer on the streets. The reason? A spate of dangerous incidents, including separate crashes that left two people dead.

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