Is Your Child In The Right Car Seat?
Motor vehicle accidents are the leading cause of death for American children. The National Highway Traffic Safety Administration (N.H.T.S.A.) estimates over 3,300 children under the age of 13 die in car crashes every year. Sadly, approximately 40 percent of these tragic accidents are the result of poorly fit car seats. Securing children in an appropriate car seat for their age and size is a vital step to protecting them in an accident. Hundreds of parents and guardians unknowingly make simple mistakes when fitting, installing, or buckling their children in a car seat. Some adults skip the car seat altogether. These simple errors could lead to life-threatening injuries if an accident occurs, including the onset of traumatic injuries from improperly placed straps or the possibility of ejection from the vehicle. Child Passenger Safety Awareness Week is an annual safety campaign highlighting the importance of making sure children are properly fit and secured whenever in the car. Last month, the N.H.T.S.A., along with countless other local and national safety organizations, focused on educating parents and guardians on the importance of choosing the right car seat and provide resources on how to ensure a child is properly secured on every ride. Car Seat Mistakes To Avoid Car seats will not protect children in an accident if they are being used incorrectly. The N.H.T.S.A. estimates that three out of four car seats are not being used properly. Some of the most common mistakes include: Installation Errors: Common installation mistakes include wrong angles, using the wrong belt, not securing seat correctly, not following the manufacturer’s instructions. Turning Car Seat Too Soon: According to new recommendations released by the American Academy of Pediatrics, parents should keep their kids rear-facing as long as possible. Yet, several parents turn their kids around well before just because it’s easier. Not Using the Top Tether: The top tether of the car seat can keep children facing forward from toppling in a car accident. Fatherly reports more than 64% of parents don’t even use the top tether, and 50% aren’t attaching it correctly. Tightening Shoulder Harness Incorrectly: Leaving space in the harness is extremely dangerous and can cause your child to slip out of the seat and be ejected from the car. There should be no slack in the shoulder harness. Letting Kids Wear Winter Coats: Winter coats can cause a child to be loosely secured in a seat, even if it appears the straps are tight. There are an extra four inches of space between the coat and the child that can cause a child to fly out easily. Choosing The Wrong Seat: If children are in a seat that is too big or too small, they can be seriously injured in a car accident without the proper protection for their bodies. Missing Recalls: Not sending in the registration form for your car seat can cause parents to miss important safety recalls for their products that could put your kids in danger. The Worst Car Seats To Use Car seats are expensive. The cost alone of a modern-day car seat is enough to hinder a parent’s choice to purchase a new one. But holding on to an older car seat or choosing a cheaper option may not be a safer alternative. Here are the types of car seats parents should avoid: Expired Seats: Car seats have expiration dates for a reason. According to Consumer Reports, car seat components break down over time. This can lead to safety features failing in the case of a crash. Car seats that are typically over six-years-old should be replaced with newer models. Car Seats That Have Been In Accidents: Car accidents apply a large amount of force on objects inside the car, including the seats. Safety experts recommend replacing car seats after an accident due to the stress placed on the safety components. Keeping seats after an accident could result in life-threatening injuries or the product to fail in a crash. Second-Hand Seats: Parents who buy second-hand seats do not know the history of the product. These models may have been subject to recalls, accidents, and other mistreatment that compromise their integrity and durability. The cost reduction is not worth the risk. Best Car Seats of 2020 How do you know which car seat to choose? Child passenger safety seats should be determined by a child’s height, weight, and age. There are five types of car seats made for children: infant car seats, convertible car seats, booster seats, all-in-one car seats, and toddler booster seats. Each is designed to protect children up to a certain size and should be used according to the manufacturer’s instructions. The number of choices for car seats can be overwhelming for parents, especially if this is their first time purchasing. Consumer Reports provides several resources parents can use to determine which seat is best for their child. Parents can also take advantage of the Find The Right Car Seat tool offered by the N.H.T.S.A.
What To Know About Mediation and Alternative Resolution Methods
Not all New Yorkers looking to file a personal injury claim will benefit from a lawsuit or litigation proceeding. When common ground cannot be met between two parties, alternative dispute resolution methods can be a useful option to settle outstanding legal issues. Mediation is a standard method of dispute resolution that is facilitated by an attorney called a mediator. A mediator helps to settle legal matters as a neutral party and can draft settlements without bias or commitment to either party. This mediation process allows both parties to express their concerns and have a say in resolving a case. Mediation can be used to settle various legal conflicts in New York State, including disputes with neighbors, tenants and landlords, homeowners, employers, caregivers, or family members. Determining whether mediation is the right step for you starts with understanding the process and benefits. In this blog, we will cover the basics of mediation as an alternative dispute resolution technique to find if this method is right for you. How Does Mediation Work Mediation is an assisted negotiation that does not favor either party over the other. Both parties need to consent to the mediation process before a mediator takes the case. Mediators are not responsible for rendering a decision or choosing sides. It is up to the parties involved to come to an agreement for the mediation to be successful. The mediation process begins with both parties meeting the chosen mediator to discuss the resolution goal(s). The mediator will generally cover the issues surrounding the party dispute and identify the central issues to prioritize throughout the process. Some instances require a mediator to meet with parties separately. These meetings are called caucuses, and information discussed is help entirely confidential from the other party. The role of a mediator, other than guiding a dispute resolution, is to raise doubts and the validity of each side’s argument. This process prepares the disputants with the facts surrounding their current standing and a perspective of how the dispute would be viewed if elevated to an adjudicatory hearing. Benefits of Mediation vs. Litigation In addition to working with a neutral party, mediation comes with several benefits compared to lawsuits and litigations. The advantages highlighted by the New York Department of Environmental Conservation include: Avoiding court delays; Eliminating future costs; Remaining confidential; Identifying underlying issues; Enabling parties to resolve long-standing issues mutually; Promoting problem-solving techniques; and Avoids an uncertain outcome compared to formal adjudication. Mediation can become an alternative dispute strategy at most stages of the legal process. Plaintiffs currently involved in a lawsuit or litigation proceeding may choose to go with mediation to resolve an issue more quickly without the risk of a negative outcome in court. When Mediation Is Not Appropriate Not every claim will be appropriate for settling through mediation. Examples of when legal conflicts may not be appropriate include: One of the party members suffers from a mental disability, brain injury, or substance-abuse problem that impairs decision-making; A plaintiff’s case is to clarify violation of the law and requires a judicial determination; A plaintiff is seeking punitive damages; A defendant is subject to frequent lawsuits; If the defendant is accused of criminal acts, physical abuse, or sexual abuse; and A case involves more than one person who has been victimized or harmed by the defendant’s actions. Standards of a Mediator According to the New York State Unified Court System, mediators in New York State are held to a high standard in their role. The code of conduct mediators in NYS must demonstrate include: Self Determination: A mediator shall conduct a mediation in a manner that supports the principle of party self- determination as to both process and outcome; Impartiality: A mediator shall conduct a mediation in an impartial manner and shall avoid conduct that gives the appearance of partiality toward or prejudice against a party. A mediator shall accept for mediation only those matters in which the mediator can remain impartial; Conflicts of Interest: A mediator shall avoid the appearance of a conflict of interest before, during, and after a mediation either by disclosing the conflict or withdrawing from the process; Competence: A mediator shall mediate only when the mediator has the necessary competence to satisfy the reasonable expectations of the parties and the sponsoring organization for which she or he mediates; Confidentiality: A mediator shall maintain the confidentiality of all information obtained by the mediator during mediation, including information obtained from the parties, non-party participants, or documents shown to the mediator, with the exception of any allegation of child abuse; Quality of the Process: A mediator shall conduct a quality mediation process that is consistent with the Standards of Conduct found here; Advertising and Solicitation: A mediator shall be truthful and not misleading when advertising, soliciting, or otherwise communicating his or her qualifications, experience, and range of available professional services; and Responsibilities to the Mediation Profession: A mediator shall act in a manner that enhances the mediation profession’s growth and quality. How to Start Mediation There are two initial steps to mediation that must take place before the process can begin: getting the other party to the table and choosing a mediator. If you are considering mediation but have doubts about the other party’s openness to the process, start with reviewing the advantages and the benefits to both sides. No one wants to go into litigation or a lawsuit, knowing they will come out with nothing. Mediation can be an excellent resource for plaintiffs to seek the justice they deserve without the risk of bad resolution. Once both parties have agreed to mediation, the next step is finding the best mediator. Not all attorneys who provide mediation services are qualified or successful. Make sure to look for an attorney who has experience with mediation in the area of law you require. These professionals will be the most efficient in their ability to meet all standards required of mediators in NYS. They will possess a history of positive results and successful reviews from
Hearing Loss: The Work Injury You Can’t Ignore
Hearing loss is the third most common chronic health condition reported by adults in America. While some of these instances are the natural consequences of aging, the Center For Disease Control and Prevention (C.D.C.) attributes at least 24 percent of hearing loss cases to occupational injuries and exposure. Over 22 million workers could be damaging their hearing on the job every day. Hearing loss on any level can significantly decrease a person’s quality of life and put workers at an increased risk for work-related injuries. Occupational hearing loss is often seen in high-risk industries with elevated levels of noise and chemical exposure. When these workers cannot detect audible hazards or safely communicate with coworkers, catastrophic and fatal accidents can occur. At Siler & Ingber, our team has seen firsthand the devastation and global implications a hearing impairment can have on workers and their families. Employers and site managers have an obligation to protect everyone’s hearing on the job site and limit exposure to hazards that could harm workers. If you or a loved one has sustained a hearing impairment due to a work accident or occupational hazard, these are the facts you need to know. Workers Most At Risk Past studies have found that construction and manufacturing jobs pose some of the highest risks for hearing loss compared to any other industries. According to a ten-year study by the C.D.C., mining was the only other industry resulting in a higher prevalence. In a report published by the Center for Construction Research and Training, specific jobs across these industries with the highest number of hearing-related injuries include: Ironworkers; Welders; Millwrights; Boilermakers; Carpenters; Sheet metal workers; Brick masons; Operating engineer; Plumbers; Truck drivers; Electricians; General laborers; and Roofers and insulation workers. Common Causes of Occupational Hearing Loss As defined by Mayo Clinic, hearing loss occurs when damage is sustained to the inner hairs, nerve cells, or the inner ear and eardrum. For workers exposed to construction and manufacturing work, hearing loss generally occurs from expose to elevated noise levels, ototoxic chemicals, or physical trauma caused by a direct hit to the ear. Both of these factors can lead to multiple levels of hearing loss when exceeding healthy levels. Noise Level Noise exposure is the leading cause of hearing loss in the construction industry. In 2017, the C.D.C reported that nearly 50 percent of construction workers were classified as working in environments with noise levels exceeding the healthy amount. In these instances, even hearing protection will not be effective in preventing hearing loss or injuries. When the ears are exposed to elevated levels of noises, particularly sudden loud blasts, the sudden pressure change can cause the eardrum to rupture. Long-term exposure to loud noises can also result in hearing loss involving gradual damage to the inner ear cells. Worksites are expected to monitor the levels of noise exposure by adhering to the Occupational Safety and Health Administration’s (O.S.H.A.) standards. Employers who work in high-risk industries for hearing loss must implement a hearing conservation program with noise exposure at or below 85 decibels for no longer than eight hours a day. This level is equivalent to the sound that resonates from heavy traffic, an air conditioner, or a power lawnmower. Ototoxic Chemicals At least 10 million workers in the United States are exposed to ototoxic chemicals at work that could lead to hearing loss. Ototoxic chemicals are substances classified as neurotoxicants, cochleotoxicants, or vestibulotoxicants that are poisonous to the ear when exposed. O.S.H.A. studies have shown these products can damage the inner ear and the neurological pathways leading to occupational hearing loss. Ototoxic chemicals commonly found in construction include solvents, metals, nitriles, asphyxiants, and pharmaceuticals. These chemicals can make workers even more susceptible to loud noises, posing a higher risk for hearing damage if both hazards are present on the job. Ear Trauma Occupational accidents that involve a strike or blow to the head can also result in hearing loss. According to The Center For ENT, hearing loss is a common symptom reported by individuals diagnosed with traumatic brain injuries, such as concussions. Medical experts report that concussion victims often show signs of damage to the bones in the middle ear, inner ear, and cochlea after head trauma. Additionally, severe injuries can result in damages to the receptors that lead to the brain that allow us to interrupt and process sound. Construction and manufacturing employees work with heavy machinery and tools that can cause significant injury to the ears when striking a worker directly in the head. Common accidents that occur on worksites leading to trauma-related hearing loss include debris falling from the top of structures, flying tools, forklift accidents, beam accidents, or head injuries caused by fall hazards. Signs and Symptoms of Hearing Loss Signs of hearing loss may vary depending on the type of damage a worker experiences. Some hearing impairments begin small and gradually become worse over time. Impairments related to injuries or trauma typically result in instant damage. Signs workers should be looking out for to indicate occupational hearing loss include: Difficulty understanding others in noisy environments; Difficulty understanding others in quiet environments or over the phone; Muffled speech; Consistent ringing in the ears (daily or weekly); Trouble hearing consonants; Requiring high volume levels on T.V. and radio; and The need to withdraw from conversations. Six Stages of Occupation Hearing Loss Workers diagnosed with occupational hearing loss can experience a range of symptoms depending on the severity of the damage. The C.D.C. categorizes hearing loss into six different stages to illustrate levels of impairment: Stage 1 (Mild)– difficulty understanding and hearing people talk in a noisy place with occasional ringing in the ears. Stage 2 (Moderate)– difficulty understanding and hearing people talk in a quiet place or on the phone with frequent ringing in ears lasting for five minutes. Stage 3 (Moderately Severe)– difficulty understanding and hearing people talk in a quiet place or on the phone without a hearing device with daily ringing in the ear for at
How to Get Back to School During a Pandemic
With the start of classes only two weeks away, Long Island parents and schools are feeling the mounting stress of planning for back to school in a post-pandemic world. On August 7, Governor Andrew Cuomo gave all New York schools approval to continue in-person classes this September. According to the press release, COVID-19 infection rates statewide have measured below the threshold in every region. Health officials believe these trends inspire hope that the safety measures we have been implementing are effective and predict these same measures applied in a school environment could result in similar effects. In light of Governor Cuomo’s approval, schools across Long Island have been scrambling to submit reopening plans in line with both the safety measures required of the state and the wishes of the school community they serve. It has not been an easy task. The reopening plans must consider multiple factors, including building capacity, students’ needs, the number of staff, and parental concerns, which differ significantly from district to district. Mineola Public School District announced their reopening plan on July 31, inviting students back for in-person daily learning five days a week with new COVID-19 safety protocols. These safety measures include: Requiring in-person students to participate in cohort learning; Restricting cohort group sizes to 14-22 students for elementary school classes, 15-22 students for middle school classes, and 22-27 students for high school classes depending on space available; Requiring masks to be worn in all areas where 6-ft social distance cannot be maintained; Requiring all students to stay with the designated cohort teacher except for special areas such as gym or art. Those teachers will push in; Scheduling elementary students to eat lunch in classrooms while middle and high school students will be allowed to eat in cafeterias or outdoor spaces at a 75% reduced capacity in 20-minute shifts, maintaining social distancing at all times; Allowing outdoor recess to be provided daily with additional opportunities for cohorts to go outside; and Disinfecting all buildings and classrooms daily with frequent multiple cleanings of high traffic areas. Other districts, such as Riverhead Public Schools, do not have the building capacity to allow all students to attend in-person classes at the same time. The district unveiled their plan to teach a hybrid model for the upcoming year, implementing both in-person learnings in cohort style classrooms and remote learning at home. Regardless of what type of learning model your child will be participating in this fall, safety education beginning at home is the key to a successful school year. There are several topics parents can review with their children that can be applied across all spectrums and can prepare your child for any situation they may encounter in school or in the community. Know the Learning Models Parents can expect to see three types of learning models roll out with the 2020-2021 school year. Long Island COVID-19 trends in Suffolk and Nassau counties will ultimately determine when and how these models will change throughout the year. However, each model’s basics can help parents prepare their students for safety in all learning areas. In-Person: Students attend class at school with a teacher, most likely in cohort style classes that list the number of students and teachers exposed to a group. Hybrid: Students may attend in-person courses two to three days a week and complete the remainder of class instruction through live-online lessons or remote assignments. Remote: Students will complete all classwork from home via online resources, individual assignments, live-classes, or packets of information picked up by students/parents before the start of classes. In lieu of public education, an increased number of New York families have been opted for homeschooling and private tutors this fall. According to Newsday, fears surrounding safety, dissatisfaction with distance learning, and concerns of gaps in education are fueling demand for homeschool resources to provide parents with more control over their child’s education and health. Reviewing the learning models with your child can help them to understand what safety responsibilities are expected of them, even when learning from home. Determine the times of the school day your child is most at risk for exposure and practice the daily safety measures required of them by the school and your community frequently. For guidance on how to practice, Safe Kids Worldwide as several kid-friendly resources that can help. How To Keep Kids Safe As health and safety advocates, our team at Siler & Ingber wishes everyone a safe and happy start to the new school year. It takes everyone to help reduce the chance of a secondary outbreak of COVID-19 on Long Island, including children of all ages. Help your child understand their power in reducing this unpredictable virus’s spread by reviewing the best safety practices for prevention below: Personal Screenings: Parents should encourage their children to frequently discuss their health and help them identify when they do not feel well enough to attend school. Start with reviewing how to identify the signs of COVID-19 as defined by the Center for Disease Control and Prevention (C.D.C.) to ensure your family is aware of the symptoms if they arise. Masks: All students who attend in-person classes must wear masks and face coverings in school that completely cover the nose and mouth while inside of the building. Talk to your child about the importance of wearing a mask to keep others safe. Ensure they can take their mask on and off independently and create a plan for switching out masks if one becomes dirty or wet. Social Distancing: Practice social distancing with your children at home to prepare them for the new norm at school and on the bus. Being in a familiar environment with friends can cause children to revert to their typical methods of engaging with peers. Here are some tips for practicing at home. Transportation: If your child is riding the bus to school, review the importance of following the new and old safety rules of being a passenger. Encourage children to wear seatbelts (if available), keep
Can I Sue Uber If I Have Been Hurt in an Accident?
Uber rides are an incredibly convenient option for getting around New York City. But this convenience could be coming at the cost of your safety. Every year, hundreds of people are injured in Uber accidents either as passengers, fellow motorists, or other individuals sharing the road. Uber drivers make their profit from accepting and completing as many trips as possible during a shift. This mounting pressure often leads drivers to swerve in and out of traffic, speed, drive up on curbs, and constantly look at their phones for trip requests while driving on congested city streets. Drivers who display these types of aggressive and reckless driving behaviors increasingly put the safety of others at risk. The National Highway Traffic and Safety Administration (N.H.T.S.A) reports that aggressive drivers cause 66 percent of traffic fatalities on American roads. Aggressive driving can be defined as someone who does any of the following meanders: Speeding; Slamming on the breaks; Accelerating quickly; Failing to obey stoplights and stop signs; Failing to yield; Tailgating; Driving on the shoulder of a rod; Passing in no passing zones; Neglecting to use turn signals; and Changing lanes sporadically and often. While all drivers who share the roads in New York State have a responsibility to operate their vehicles with care, Uber drivers are the ones who are getting paid to safely transport riders. It is their job to make sure they are using caution and to prioritize the well-being of others. When an Uber driver’s negligence results in an accident or injury, the company and the driver should be held accountable. New York City and Long Island residents who have been injured as a result of an Uber accident may qualify for compensation outside of personal automobile insurance to cover damages sustained. In this article, we will cover the multiple in which Uber could be liable for your injuries and the critical information you’ll need to file a successful claim. When You Can File an Uber Claim When an Uber driver causes preventable injury to someone on the job, the victims of these accidents may qualify to file a claim against the company. There are several situations in which this might occur. Uber Passengers Passengers who are injured by Uber drivers may have several reasons why they are justified in filing a claim for damages. Uber drivers who display aggressive driving behaviors can give riders stress injuries such as whiplash, bumps and bruises, or even head injuries from quick turns or forceful stops. In the case of a serious accident, these injuries may be elevated to more severe damages such as broken bones, spinal cord injuries, and traumatic brain injuries from forceful impacts. The condition of an Uber car may also come into question when investigating an accident caused by negligence. Cars that are not properly maintained or lack of required safety features (seatbelts or airbags) can fail to protect passengers in an accident. Documenting these variables can be crucial pieces of evidence to show how an injury could have been prevented, even when the driver was not outwardly reckless while driving. Occupants of other Vehicles Drivers and passengers sharing the road with Uber drivers can sustain traumatic injuries when an aggressive driving accident occurs. Fender benders, sideswipes, and left-hand collisions are the most common accidents occurring in the city when drivers neglect to use caution and follow basic traffic rules. Uber drivers who are looking down at their cell phone apps simultaneously at the time of a collision put occupants in other cars at even higher risk for serious injuries. Distracted drivers, who do no pay attention to the activity on the road, do not have a chance to slow down or swerve to avoid hitting other vehicles at full force. Bicyclists, Motorcyclists, and Pedestrians Uber drivers who are focused on picking up as many riders as possible often neglect to yield to other non-driving individuals sharing the road. Pedestrians, bicyclists, and motorcyclists bear little protection in the case of an accident. When Uber drivers swerve quickly, fail to yield, or drive up too close to curb, life-threatening accidents can occur. How To File A Successful Claim Regardless of how you were injured in an Uber accident, plaintiffs interested in pursuing a claim must be able to prove two conditions: that the Uber driver’s actions were directly liable for the accident that caused your injuries; and that the injuries and damages sustained were directly related to the accident. There are several steps you can take to gather the evidence needed to prove these circumstances, including: Medical Attention: Your health should always be the priority. Receive the appropriate medical attention directly after a motor vehicle accident to evaluate your health. Delayed treatments and regimens could result in more serious injuries down the line. Take Photos: If you are physically able to take photos of the accident scene, these images can be extremely helpful when it comes to backing up your claim. Photos should be taken before the vehicles are moved and include all physical damages done to the vehicle. Gather Documentation: Keep all documents, bills, reports, medical notes, prescriptions, or any other records associated with your injury. This documentation is key to showing the extent of the physical damages sustained and the considerable costs of recovery. Find Your Ride Receipt: Passengers who are riding in an Uber when they were injured should obtain the ride receipt as proof of when and how long they were in the vehicle. Find directions for accessing your trip ticket here. Gather Witness Information: If there were any witnesses to your accident, make sure you or someone you trust gathers their contact information before leaving the scene. Witness testimonials can be essential to providing a third-party perspective of the accident and show an unbiased opinion of liability. Obtain Your Accident Report: If your accident involves a police officer, make sure to obtain a copy of your accident report for your personal records. These accounts provide all the detailed information you will need about
Common Causes of Summer Accidents in NY
Summer is inevitably one of the most exciting yet, dangerous seasons of the year. Studies by Pew Research Center show visits to the emergency room during the summer months increase by up to 27 percent annually, with the weeks surrounding the July Fourth holiday showing the largest spikes in severe injuries. Despite the typical bumps and bruises associated with summer break, not all injury victims are lucky enough to experience minor damages. Injuries from summer accidents can include amputations, traumatic brain injuries, spinal cord fractures, severe burns, and other catastrophic damages that, sadly, include death. The implications of these injuries can result in excruciating pain and reduced quality of life, with thousands of dollars in medical bills and long-term treatments to follow. Preventing summer injuries in New York City and on Long Island starts with knowing how these accidents occur. As safety and health advocates, our team believes in the power of educating residents on the tools required to keep their families safe throughout these hectic months. The following are the most common causes of summer accidents and what steps New Yorkers can take to reduce their risk of injuries. Vehicle Accidents It comes as no surprise that motor vehicle accidents remain one of the leading causes of injury and fatalities in the summer. The National Highway Traffic Safety Administration (N.H.T.S.A) reports that drivers are at a higher risk for traffic accidents in the warmer months than at any other time of the year. Over 9,050 fatal accidents were reported in 2018 alone, occurring only between the months of June through August. In addition to more traffic congestion and driving distractions, the summer months bring a swarm of new and inexperienced drivers on the road. Between Memorial Day and Labor Day, otherwise known as the 100 Deadliest Days, teens account for a surprising amount of fatal accidents, averaging around 700 fatalities per season. Most of these tragedies result from inexperience, speeding, distractions, intoxication, and neglecting to wear seatbelts in a vehicle. Off-roading motor vehicles, such as dirt bikes and ATV’s, are also more commonly used in the summer months and can cause traumatic injuries when things go wrong. These vehicles operate on rough terrain and provide zero protection to riders in the case of an accident. Rollover accidents and collisions that occur at high speed are known to cause the most damage. Drivers of any motor vehicle this summer can drastically reduce their risk of an accident by adhering to simple safe driving tips, including: Drive sober and without the influence of drugs; Reduce distractions inside the vehicle; Stay alert to hazards on the road; Keep speeds low to gain better control; Reduce the amount of nighttime driving hours; Never drive fatigued or drowsy; Avoid pulling aggressive and reckless maneuvers; and Keep your vehicle in good working condition to avoid dangerous malfunctions. Water Accidents Water-related accidents in the summer are often devastating. Drowning is the most serious of all accidents in the water and a leading cause of death for children in the summer. According to the drowning advocacy group End Drowning Now, over 24,000 Americans have died from drowning accidents between 2009 and 2018. New York was ranked the fourth highest state for drowning accidents with 907 on record during this time period, preceded only by California (1,810), Texas (1.857), and Florida (1,945). When breaking down where drowning accidents occurred the most, 21.3 percent were in pools, 25.9 percent in lakes, 27.2 percent in rivers, and 10.4 percent in the oceans. Alcohol use, neglecting to wear a life jacket, boat accidents, rough water, and lack of supervision are the leading causes of why these tragic accidents continue today. Drownings are 100 percent preventable when the proper precautions are used on the water. Staying sober and alert when swimming with young children is crucial to preventing youth drownings. Supervision is key, and many water accidents involving children can be prevented when an adult is watching close by. Adults who boat or use personal watercrafts should always drive sober and never drive at night or alone. Wearing a life jacket can immensely increase your survival rate in the case of an accident on the water when even the best swimmers can fall victim to drowning. Weather-Related Injuries The summer heat can take a major toll on the human body. Weather-related injuries in the summer pertain to any injury or illness that onsets due to factors that are unique to summer. Some of these may include: Sunburns; Dehydration; Heat illnesses; Firework injuries; Food poisonings; and Bug bites. While some of these injuries may not seem as severe compared to a broken bone or traumatic brain injury, most of these incidents result in multiple fatal injuries every year. Heat illnesses, particularly heatstroke, can lead to life-threatening health consequences when extreme temperatures are present. Athletes, outdoor workers, children, older adults, and residents with compromised immune systems are all considered high-risk for experiencing the severe effects associate with heat illnesses. And with the presence of COVID-19 this summer, the outcomes of heat illnesses on those who have been exposed to the virus are unknown. The Centers for Disease Prevention and Control (C.D.C.) advises all Americans to familiarize themselves with the signs and symptoms of heat illnesses to reduce the chance of severe outcomes. New Yorkers can take several steps to help prevent the onset of heat illnesses, including taking cold showers after being in the heat, wearing light clothing, putting on sun protection, staying in the shade, drinking plenty of water, and resting often when temperatures are high. Sports Injuries Between practice, training camps, and seasonal competitions, summer is the season for athletes to give it all they got. The increase in outdoor and indoor sports already puts athletes at an increased risk for injuries. Adding in the summer heat and extreme fatigue from overworking, and you have the perfect recipe for summer sports injuries to occur. Sports injuries can range in severity depending on the sport and level of contact. According to a
Can a Bar Be Liable for A Drunk Driving Accident?
Motor vehicle accidents caused by drunk drivers are nothing short of reckless. These preventable collisions can result in catastrophic injuries and wrongful death. But what New York and Long Island accident victims may not realize is that drunk drivers may not be the only ones responsible for your injuries. Bars and restaurants who serve alcohol have a responsibility under New York’s Dram Shop Act to promote public safety by not over-serving alcohol to customers. Establishments that are found providing patrons with copious amounts of alcohol, in addition to allowing them to drive home, can be equally as liable for the negligent acts a drunk driver commits on the road, particularly when they result in injuries. As safety and health advocates, our team at Siler & Ingber believes in the power of understanding your rights when you are injured in an accident. In this blog, we aim to provide information you can use to identify when a bar or other third party should be held liable for your accident and how to file a claim for damages sustained. What Are Dram Shop Laws People who are intoxicated are known for making poor decisions. This includes when it is time to stop drinking or when it might not be safe to drive. Bars and restaurants, on the other hand, base their income on how many drinks their customers order: the more they sell, the more they make. This often leaves little incentive to turn down the prospect of a profit, even if the customer appears inebriated. Dram shop laws were initiated to hold bars, businesses, and other third-party participants accountable for providing alcoholic beverages to individuals who committed negligence because of intoxication. If a customer is too intoxicated to know they should be cut off, yet a bartender continues to serve to make a profit, dram shop law can hold these actions accountable if there is a subsequent accident that results in damages to the customer or others. The name dram law originated from the historical measuring unit of alcohol, the dram. According to Encyclopedia Britannica, a dram is considered a small unit, about one-eighth of an ounce, otherwise equivalent to the average sip. Dram shop claims have become highly prevalent throughout New York in the past few years, and 2020 could be heading for a record. With a surge in alcohol consumption sparked by months of coronavirus-related quarantines and an uptick in uncontrollable outdoor bars, we may see more dram shop cases come through the courts than ever before. When A Bar Can Be Held Liable Under Dram Shop Law Bars are not always at fault when a customer chooses to drink and drive. Legally, beverage vendors and social hosts in New York are not considered liable for providing alcohol to someone of or over the legal drinking age. If a driver is of legal drinking age does not show signs of being visibly drunk, it is not the bar’s responsibility to test their sobriety or watch to ensure someone else is driving home. Where dram shop laws come into play is when examining at what capacity the drunk driver was served. Under the NY Dram Shop Act 11-100 and 11-101, the law states, “No person shall sell, deliver or give away or cause or permit or procured to be sold, delivered or given away any alcoholic beverages to (1) Any person, actually or apparently, under 21 years and (2) any visibly intoxicated person.” When bars commit these two offenses, that is when the legal repercussions begin. Underage Drinkers Bars, restaurants, and third-party providers who knowingly procure alcohol for minors can incur significant fines and possibly lose their liquor license depending on the number of violations. Checking ID and turning away fraudulent identification is the first step to weeding out underage drinkers and establishments who Bars and restaurants neglect are most at risk for trouble. Visible Intoxicated To identify someone as visibly intoxicated, it can take multiple pieces of evidence to back a claim. These often include testimony from witnesses at the bar or experts in court who can confirm they say the drunk driver display the typical signs of intoxication, including: lack of physical coordination; slurred speech; bloodshot eyes; memory loss; crude behavior; and multiple drinks in a short period. How To File A Dram Shop Claim For an establishment or third-party provider to be held legally liable after a drunk driving accident, a plaintiff must be able to prove the following under the New York Dram Shop Act: the plaintiff suffered injury or damages as the result of the actions of an intoxicated individual; the defendant served alcohol to the intoxicated person who caused the damages or injury; and the defendant, therefore, contributed to the further intoxication of the individual. These three requirements are crucial to a successful dram shop claim. Without evidence to support these stipulations, a plaintiff may only be able to sue the drunk driver for damages after an accident. Finding evidence to support your claim is not an easy task. If you believe you have a case, contact a personal injury lawyer who is experienced directly in dram shop claims. These attorneys have access to professional resources and investigation techniques you need to help get you back on your feet after an accident. New York City and Long Island Accident Attorneys Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using past experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured in an accident due to the negligence of another, our team at
SILER AND INGBER LLP PARTNERS NAMED 2020 SUPER LAWYERS
Siler & Ingber LLP is proud to announce that partners Ronald D. Ingber and Jeffrey B. Siler have been named among the 2020 New York Metro Super Lawyers. The recognition of Super Lawyers is not easily obtained. Super Lawyers selects attorneys using a patented selection process that involves peer nominations, independent research and peer evaluations. They highlight outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Of all the registered attorneys in New York State, only 5% are chosen for a Super Lawyers honor. We congratulate Ron and Jeffrey on this notable and noteworthy achievement.
Here’s How to Get a Refund on Your Auto Insurance
Hundreds of New Yorkers every year no longer feel the need to keep their vehicles. Typically, drivers will stop driving due to a job change, personal injury or work accident, or the decision to bike, walk, or use public transit more often if they live in New York City or on Long Island. However, in the wake of the coronavirus pandemic, when thousands of non-essential workers are still working remotely from home, even more drivers are deciding to hang up the keys. According to the New York State Novel Coronavirus Work Guidelines, businesses that are able to allow their employees to work remotely should continue to do so to help reduce unnecessary exposure. As a result, most remote workers have been left without a need for a personal vehicle if they are only staying local within the City and metro areas. For whatever the reason, if you or someone registered on your insurance policy are no longer driving your vehicle, it may be time to call and cancel your plan. Canceling your auto insurance before it expires may qualify you for a much-needed refund. In this article, we will cover the types of refunds you could be eligible for, and the common pitfalls to avoid that will cost you more than you planned. When NY Drivers Qualify for A Refund To receive any type of refund from your auto insurance company, you must either officially cancel your plan or make significant changes to the policy that reduce a monthly premium paid in advance. For example, drivers may receive a refund for making changes to their plan, including: Canceling a plan; Removing a vehicle from a policy; Changing coverage to another insurance company; Removing a driver from your plan; Selling a vehicle on a policy; or Moving to an area with a lower-risk of vehicle accidents. Anytime you are no longer using a vehicle for the purpose in which it is insured, it’s crucial to contact your insurance company to see what negotiations can be made to reduce the monthly premium. Canceling a policy directly often results in the largest refund, but drivers should be certain they will not need insurance going forward before making this decision. How to Secure an Auto Insurance Refund The type and amount of the refund you receive when canceling an auto insurance policy will depend on two main factors: your payment schedule and your premium amount. Insurance customers who pay in full or monthly may both qualify for a refund that is calculated differently based on your specific plan. If your insurance company pro-rates your refund (calculates in only un-used days of your policy upon the time you cancel), this would further reduce the amount depending on when you forfeit the policy. Be aware that if you plan to keep your auto insurance but are simply making changes to your plan that lessen the monthly premium, insurance companies will often post a credit to your plan instead of a refund. Contact your insurance company directly to address this concern before making any changes. Refunds for Premiums Paid In Full Insurers who pay the full annual amount owed for their policy upfront are typically entitled to the largest refunds when an auto insurance policy is canceled. The amount of these refunds will vary depending on how far in advance you have paid your policy, and at what point in the payment schedule you made the decision to cancel. Refunds for Premiums Paid Monthly Drivers who pay their auto insurance premiums monthly may receive a lower refund when canceling a policy mid-term since they pay smaller increments more frequently. Refunds may include either a portion of the monthly premium or the full monthly amount depending on your insurance company. Canceling your auto-insurance plan mid-billing cycle provides you the best chance of retaining an ample refund for prepaid premiums. When and How Are Auto Insurance Refunds Received Every auto insurance company has a different policy for issuing refunds to customers who cancel or change their plans. Most companies do not issue refunds less than ten business days of when the plan was adjusted. Unless your company informs you otherwise, drivers can expect to wait up to two-weeks for refund checks issued through the mail, possibly less if the refund is set up through EFT payments. The method you use to pay your premium is a good indicator of how you will receive your refund. If you are set up with automatic withdrawals, your refund may be directly deposited back into your account. Confirming these details upon canceling your plan is the best way to payment avoid confusion. State Penalties for Canceling Auto Insurance in NY Auto insurance companies are required by New York State to notify the Department of Motor Vehicles electronically under the conditions that your insurance coverage is canceled, reinstated, or changed to a new plan. Unfortunately, this process does not always happen the way it should. If your auto insurance company does not meet these requirements, the DMV will send you a letter requiring proof for the following: that you still have insurance coverage; that you sold the vehicle; and that insurance coverage was not required in New York State. If these steps are not followed, the state can suspend your registration and your Canceling your auto-insurance plans mid-billing cycle provides you the best chance of retaining an ample refund for prepaid premiums for the following month. . If a driver wants the option to drive later on or rent a vehicle, having a suspended license could cause major problems. When to Cancel Your NY Auto Insurance Plan There are several reasons for why a vehicle owner may choose to cancel their New York State auto insurance, the most popular including: Choosing to stop driving; Moving out of state; Selling a vehicle; and Changing auto insurance plans. Canceling your auto insurance plan at the wrong time is the most common mistake policy owners can make when it comes to requesting a refund. It’s not
Can Social Media Posts Affect your NY Personal Injury Case?
Social media can be a vital piece of evidence to use when it comes to backing a personal injury claim in New York State. Photos and posts can quickly capture the essence of a person to help to demonstrate a pattern of neglect and reckless behaviors. It can also be helpful for highlighting the positive characteristics of a plaintiff to help define someone’s genuine nature. Unfortunately, not all social media content is beneficial to a case. Activity on social media that directly pertains to an injury, accident, or other detail of your claim can tank a case almost immediately. Sometimes this online exposure of your legal proceedings can even result in further trouble, such as violations for breaching confidentiality agreements made. With over 70% of Americans participating on at least one social media platform according to Pew Research Center, knowing the legal repercussions of sharing online content is crucial. Residents of New York City and Long Island who are considering filing a personal injury case, or are in the midst of an ongoing claim, must be aware of harmful social media activity that could make or break their chances of a successful resolution. Social Media Is Public Record First and foremost, it’s crucial for New Yorkers to understand that social media posted on any platform is public record, not private. Despite any privacy settings you enable on your accounts or who you restrict from viewing your page, any content posted online is accessible or can be subject to a public record request according to NYS law. The false belief that social media is private has been the downfall of thousands of Americans when it comes to filing successful personal injury claims. Even messages sent through private DMs on social media platforms that are not immediately accessible to the public can be requested with a warrant if a case shows a need for further investigation. How Social Media Can Hurt Your Case Social media can negatively affect the success of your personal injury claim in several ways, regardless of how skilled your personal injury lawyer may be or how much evidence you possess to prove liability or negligence. The average American signs up for at least seven social media accounts, all of which have their own capability to ruin a case. Content Misinterpretations When someone posts content on a social media page, they typically publish with one intention in mind. Unfortunately, everyone interprets written information in a different capacity. This is where the trouble begins. Statements made on social media, especially those pertaining directly to an injury or accident, can easily be plucked from online and twisted to spark doubt in a plaintiff’s claim. Even photos without content can be misinterpreted, spun as being vindictive, or untruthful depending on the case. Conflicting Statements Clients who open up to social media about their ongoing case may make statements that conflict with others previously made. These statements can be particularly harmful when they are in writing as they can be quoted straight from your social platform, word by word, to easily show discrepancies in your case. Consequences of Confidentially If your case involves any confidential agreements, sharing details on social media can come with serious legal repercussions in addition to a failed change to seek compensation for damages sustained. Regardless of if the statements you are making are true, the agreement you made to keep details of the case private outweighs the amount of evidence you possess and could result in fines for breaking confidentiality. Interference with Medical Reports Posting photos and captions of your injuries online may give the defense a different version of your injury than what is in your actual medical report. These types of posts can make it seem as if an accident victim is doing better than what they are claiming. Consequently, it could be used to show a plaintiff is stretching the details of an injury to make an accident seem worse than it is. Both of these results may lead a judge to question the validity of an injury, even with a valid account of treatments and diagnoses from a medical professional. Harmful Friends and Followers Sadly, the friends and followers who interact with on social media can also negatively impact your case, despite whether you react to or initiate the content. Social media friends are known for providing “support” for their loved ones by publicly advocating when negligence has occurred. But even if you are not tagged in these posts, the existence of the material pertaining to your ongoing litigation can harm your chances of succeeding. Locations & Geo-Tagging Location and geo-tagging have become a popular feature on social media platforms that can be detrimental to the success of a case. Maybe you just pulled into a drive-thru for lunch, or your loved one stopped shortly for a coffee on the way to take you to your medical treatment. Either way, if you are tagged at a location that could be used to question the validity of your injury or current state of health, you can be assured that this information will be used to negatively impact your claim. How To Play It Safe On Social Media The best practice to use when it comes to social media during an ongoing social media case is to never post anything that pertains to your accidents, claim, the person or company you are filing against, or any other details that pertain to your case. This includes photos, statements, videos, memes, news articles, etc. Additionally, keep all medical information private and ask your friends and loved ones to do the same. Review all of your social accounts and talk to your personal injury lawyer about the actions you should take to increase the chances of a successful claim. New York City and Long Island Accident Attorneys Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights
