Stop on Red…or You Could Be Dead!
Most of us learn the basics of traffic signals at a young age: green means go, yellow means slow down, and red means stop. Yet, despite these early lessons, hundreds of people are still killed every year in car accidents when motorists chose not to stop at red lights. In 2017, the Insurance Institute of Highway Safety (I.I.H.S.) reported 890 fatalities and over 132,000 injuries resulting from red-light crashes. More than half of these deaths were bicyclists, pedestrians, and occupants of surrounding vehicles who were hit by red-light runners. In some busy intersections, motorists could be witnessed running a red-light every 20 minutes, especially during rush hour or peak travel times. Fatalities and injuries caused by drivers who neglect to stop at red lights are 100 percent preventable. National Stop on Red Week, lead by the National Coalition for Safe Roads (N.C.S.R.), is a safety campaign observed in the first full week of August every year. This initiative aims to spread awareness on the deadly risks drivers pose to others when running red lights, and what communities can do to prevent these accidents from occurring in the future. National Stop On Red Week Stop on Red Week runs from August 4 to the August 10. Each day of the safety campaign is dedicated to educating drivers on the vital safety information they need to help reduce unnecessary red-light crashes. Here is how the week is broken down: • Sunday, August 4- Introduction to Stop on Red Week: The kick-off day for Stop on Red Week is dedicated to making communities aware that people are not stopping on red as much as we believe. Innocent lives are lost every year from red-light accidents, and it only takes a second for them to occur. • Monday, August 5 – The Numbers: The N.C.S.R. focuses on highlighting fatality and injury statistics for Day 2. Every year, nearly 900 people are killed, and tens of thousands of others are injured in reckless red-light crashes. Between 2004 to 2016, it’s estimated that as many as 10,125 people lost their lives from these preventable accidents. • Tuesday, August 6- The Trends: Day 3 focuses on making communities aware of certain factors that lead to an increase in red-light accidents. For instance, May is the number one month of the year for drivers to run red lights. The most common time to run a red-light is between the hours of 1 pm and 5 pm. Friday is the deadliest day of the week and the holiday with the highest rate of accidents is Independence Day. • Wednesday, August 7- Stop on Red: Stopping on red is not a suggestion- it’s the law. Day 4 focuses on spreading the message that everyone is expected to stop on red, regardless of what day or time it is. It is our responsibility to protect others by adhering to the laws of our cities and towns and speaking out when reckless motorists put residents in danger. • Thursday, August 8- Get the Facts: Day 5 is dedicated to spreading awareness on the prevalence of fatal red-light crashes around the country. The N.C.S.R.’s Red-Light Running Fatality Map shows viewers the U.S. states and cities with the highest rates of fatal red-light accidents. New York City ranks as the fifth most dangerous city for red-light running, with a total of 111 fatalities between 2004 to 2017. • Friday, August 9- Red-Light Cameras Save Lives: On Day 6, the N.C.S.R. focuses on educating communities on the benefits of installing red-light cameras. Studies have shown red-light cameras reduce fatal car accidents by up to 21 percent in large cities. These systems are designed to target risky driving behaviors at stop-lights to hold drivers accountable and use the threat of fines and criminal charges to encourage motorists to follow the rules. • Saturday, August 10- Take the Pledge: Stop on Red Week officially closes with encouraging drivers across the country to take the pledge to commit to stopping on red. The pledge aims to inspire American drivers to be safe on the roads year-round, and not to risk the safety of others by running through red lights. Types of Red-Light Runners There is more than one way to run a red-light at a traffic stop. The I.I.H.S. reports drivers are considered to have run a red-light if they do any of the following: • Drive into an intersection at any time after the signal light has turned red; • Fail to come to a complete stop before turning right on red; and • Turning right on red at an intersection that does not permit right on red turns. Drivers who enter an intersection to turn left, and are stuck after the light turns red, are not considered red-light runners. However, these motorists are putting themselves at a heightened risk for accidents by drivers who may run red lights in the process. Drivers Who Most Often Run Red Lights The AAA performed a telephone survey in 2017 that found disturbing trends surrounding drivers who run red lights. The survey showed at least 93 percent of drivers believed it was unacceptable to run a red-light. Unfortunately, at least 43 percent of these drivers also admitted to running at least one red-light in the last 30 days. It should also be noted that these statistics only include the drivers who admitted the reckless behavior; many other drivers keep it a secret when they break the law. Although all drivers are capable of running a red-light, the I.I.H.S. reports these groups were more likely to go through with it: • male drivers; • younger drivers; • drivers with prior crash records; • drivers who were previously charged with driving under the influence; • drivers who have a history of speeding; and • drivers who do not have a valid driver’s license. How To Get Involved New Yorkers can be extremely influential in their communities when it comes to reducing the number of red-light accidents. The more you advocate for
Uptick In Long Island Boating Accidents: How To Stay Safe On The Water
Long Island saw a string of boating accidents last weekend that has safety officials concerned. According to Newsday, from July 12 to July 13: An 18-year-old woman was killed in a jet ski accident when her watercraft collided with a 35-foot boat in a Middle Bay waterway on Sunday. Another woman was killed the same day in a boat collision when she was ejected from her vessel after being struck by a 50-foot boat a quarter-mile off Cupsogue Beach. Two boaters were injured on Saturday evening after their vessel collided with another boat in Moriches Inlet. The couple was pulled from the water by first responders after jumping from the vessel before the crash. The driver of a boat south of the Bay Shore Marina in Great South Bay was arrested for intoxicated driving. He was operating a 19-foot vessel with six other passengers on board when a pump malfunction caused the boat to capsize. One passenger was taken to the hospital for non-life-threatening injuries. Boating in Long Island waters is an exciting summer pastime for hundreds of New Yorkers, but it’s also an enormous responsibility. Injuries and fatalities can skyrocket when boaters and passengers forget to use proper safety measures. All residents who are considering a boat outing this summer should know the most common causes of accidents and how they can prevent injuries on the water. What Causes Boating Injuries On Long Island The U.S. Coast Guard’s Recreational Boating Statistic Report showed a total of 4,291 boating accidents occurred across the country in 2017. At least 658 people died in these accidents while 2,629 sustained injuries. There are several reasons why boating accidents can happen. Some of the most common causes include: Collisions: Boat collisions are the number one cause of fatal and serious boating-related injuries. The U.S. Coast Guard reported a total of 2,027 collision accidents in 2017. Surprisingly, some of these collisions were the same vessels experiencing their second or even third accidents in one year. Boat collisions resulted in more than 1,233 injuries and 130 deaths. There are six types of possible collisions: Collisions with recreational vessels (1145 accidents); Collisions with fixed objects (470 accidents); Collisions with submerged objects (141 accidents) Collisions with floating objects (55 accidents); Collisions with commercial vessels (19 accidents); and Collisions with governmental vessels (6 accidents); Boat accidents involving collisions with other vessels can be particularly dangerous when traveling at high speeds. Other collisions involving fixed objects can be life-threatening when the objects struck are made from dense materials such as cement or rock. Slip and Falls: Water that spills over the sides of a boat or that drips off passengers who have been swimming can make boat surfaces extremely slippery. The most terrifying accidents involve people who fall overboard. More than 306 overboard falls were reported in 2017; of these accidents, 179 people were killed and 126 were injured. Slip and fall accidents can also lead to serious stress injuries such as broken bones, sprains, and strains from hitting the floor or other hard surfaces of the boat. Reckless Driving: Boat operators have an obligation to drive safely on the water, just as they do when driving a car on the road. Reckless boating behaviors such as speeding, distracted driving, using improper lookout methods, and violating navigation rules accounted for nearly 38 percent of all boating accidents in 2017. When boaters drive recklessly, they are more likely to cause collisions, confusion with other boats, and to hit swimmers or smaller vessels in the water. Drunk Driving Accidents: Drunk driving on the water poses the same deadly risks for boat operators as it does for motor vehicle drivers. The National Highway Transportation and Safety Administration reports alcohol can affect a driver’s concentration, balance, judgment, depth perception, auditory and visual senses, and muscle control. Drunk boating has been directly linked to at least 275 accidents but it is believed to have contrived to far more. Boat Malfunctions: Machinery failures are the fourth leading cause of boat accidents, resulting in 305 incidents in 2017. Boat malfunctions can involve any maintenance issue, including shifting failures, steering problems, pump issues that cause the boat to take on water, or overheated parts that can lead to fires. Driver Inexperience: Over 430 accidents were caused by boat operators who lacked the experience to drive their vessels safely. New York State Boating Laws require boat operators to pass boating safety courses before operating any vessel on New York water. Operators who skip this step or operate vehicles they are unfamiliar with could put others in serious danger. Inclement weather is another variable that can lead to boating accidents. Strong waves, choppy waters, and low visibility from heavy rain or fog can make boating conditions extremely dangerous. Boat operators are advised to check the weather often and well ahead of their trip to avoid becoming stuck in unfavorable conditions. Drowning Is the Number One Cause of Boating Fatalities Drowning is the number one cause of death across all types of boating accidents. Regardless of whether or not passengers and drivers can swim, anyone can drown in an accident under the right conditions. Drowning accidents led to 449 of the 658 boating fatalities reported in 2017- almost 70 percent. New Yorkers can significantly reduce their risk of drowning by making sure all passengers and drivers on the boat are wearing life jackets. Unfortunately, many boaters forget this step. The U.S. Coast Guard reported of the 449 people who died from drowning, at least 370 of these individuals were not wearing life jackets. How To Boat Safely Boating on Long Island does not have to be dangerous. Following these boating safety steps highlighted by Long Island Weekly can significantly decrease your risk of boating accidents this season: Wear a life jacket every time you step foot on the boat. Only drive vessels you are trained to operate. Take additional boating safety courses if needed. Know how to navigate and operate the emergency features on your boat before you enter the
New York Crane Accidents
Crane collapses and other crane accidents are always very serious, and these types of situations account for numerous injuries and deaths each year throughout New York. There are a variety of reasons why these types of accidents can occur, but there typically is always some kind of negligence, carelessness or a significant lack of supervision involved with these situations. This includes negligent crane design by the crane’s manufacturing company and the general lack of proper hazard warnings provided by a crane manufacturer. Our team of attorneys at Siler & Ingber, LLP are among the very best in all types of personal injury cases, and we’ve helped countless construction workers and their families throughout New York in terms of recovering the rightful compensation for their losses and overall damages. The most common reason why crane accidents occur is through the improper training of crane operators and maintenances workers, but we’ll always work diligently in terms of determining the responsible parties for any crane accident by figuring out the following: Whether or not the crane training provided a thorough evaluation of the crane’s general limitations, operation system characteristics, and potential hazards when improperly used. Whether or not the maintenance personnel and crane operators were sufficiently directed and supervised. Whether or not the crane’s manufacturing company clearly provided warnings about the dangers involved with using their product, and if the general design of the crane helped to avoid these known hazards as much as possible. Whether or not the crane owner adequately maintained the crane. Whether or not the crane owner obtained a written policy that required regular inspections and reporting of defects for immediate corrections. Whether or not the inspection and maintenance specifications provided by the crane’s manufacturer were followed. Whether or not the crane’s equipment was inspected prior to operations on a daily basis. Whether or not there were regular inspections conducted of the crane’s pulleys, cables, boom, sheaves, and boom stops. Causes and Prevention Methods of Mobile Crane Accidents One of the most common causes of mobile crane accidents is when the crane attempts to carry a load that’s simply too heavy for the machinery. This is why it’s crucial that no load that exceeds the crane’s rated capacity should ever be lifted. Workers often have miscommunication errors on construction sites and when using cranes in all capacities. This is why its’ always best to establish standard operating signals that are ubiquitously agreed upon and utilized during all times that the crane is in operation. Typically there will be a designated signalman who provides direct signals to the crane operator, but in certain situations, it may be required to utilize two signalmen to ensure the operator receives signals in a timely fashion. Another common cause of mobile crane accidents is the general inappropriate use of the crane’s equipment and faulty installation. There are countless prevention methods for these types of accidents, including: Using mats when operating on soft ground Using adequate slings determinant upon the specific load A foreman determining the proper sling before a lift is made Using guide ropes and taglines for loads that may swing Taking the proper precautions to protect workmen and other nearby structures Ensuring the crane’s hook is directly over the load to minimize strain Utilizing a closed hook or shackle when using swinging buckets A very serious hazard involved with all crane operations is the general contact with electrical power lines. The prevention methods for this common crane accident cause include: Maintaining a minimum of six feet between a boom and power lines Removing any interfering power lines during construction if possible Utilizing a safety guard at all times Lowering a boom to the ground overnight Common Tower Cranes & Unsafe Installations There are three fundamental types of tower cranes, including: Climbing Cranes Stationary Cranes Traveling Cranes A contractor is always going to be the one who installs the foundations for all three types of tower cranes, and the manufacturer will provide the general design and necessary basic information. This includes information like the horizontal and vertical loads, overturning and swing moments, and any other added variables that a construction company may need to know pertaining to the crane’s foundation. A whole array of safety controls is necessary when using tower cranes, and the manufacturer is responsible for many of these safety controls and must provide instruction logs and manuals. Before any tower crane installation is conducted the contractor must thoroughly review the construction site for a whole variety of hazards, and there must be professional coordination between contractors and operators if two or more tower cranes are to be installed at the same location. Negligent Inspection and Maintenance The manufacturer’s specifications must always be met when it comes to maintenance and inspection procedures, sequences and general frequencies. There should always be a full test of every function of a crane once it has been erected or extended prior to the actual operation. Test weights typically are used during this time. Test and inspection logbooks should record the results of all tests and inspections on every construction site, and theses records must include comprehensive dates, findings and the specific actions that were taken. Talk to One of New York’s Top Crane Accident Attorneys Siler & Ingber, LLP consists of some of the very best New York workplace injury lawyers, and our expertise shines brightly within crane accident cases. If you or a loved one has unfortunately suffered from an injury or died as a result of a crane accident, we’ll be able to help you and your family obtain your rightful compensation for the full amount of your damages. Contact us online to get a free case review of your specific situation, or give us a call directly at (516) 294-2666 for more information as to how we can begin taking the necessary first steps to assist you.
Emergency Vehicle Crashes: The Deadly Reality of Speeding
Emergency vehicles most often travel at high speeds when rushing to the scene of an accident. The safety of New Yorkers depends on the quick response time of these brave first responders. But no one benefits if an emergency vehicle causes additional crashes along the way. Car accidents involving emergency vehicles racing to a crisis happen more often than you think. National databases report thousands of accidents involving emergency vehicles every year, hundreds resulting in at least one fatality. High speeds required of emergency vehicles increase the likeliness of causing fatal injuries. First responders are some of the most honorable workers in the country, but they still have an obligation to protect others on the road. Residents of New York City and Long Island must be aware of what causes emergency vehicle crashes to crash and how they can avoid becoming a victim. Police Car Accidents Police car accidents result in the highest rate of fatalities among emergency vehicles. From 1996 to 2015, the Bureau of Justice Statistics reported an average of 355 people were killed in pursuit-related crashes per year. Speed and uncontrollable police chases are the two most common contributing factors: Speeding Police officers are one of the first to arrive at the scene of an accident for a reason. Their smaller vehicles allow them to swiftly zip through traffic easier than ambulances or fire trucks. However, speeding also makes police cars incredibly hard to see on congested roads, and even harder to move out of the way for. According to the AAA, speeding impairs a driver’s ability to control their vehicle, react timely to surroundings, and stop safely. It even reduces the effectiveness of the vehicle-occupant protection features. Police Pursuits Police officers are the only first responders who actively purse drivers violating the law. These chases most often involve dangerously high speeds and can occur on residential roads, city streets, or highways at any time of day. This undertaking ranks police officers as one of the most dangerous occupations in the nation, and not only for the officers themselves. Motorists who are avoiding police are not thinking clearly about the safety of others. They make risky maneuvers, putting surrounding drivers and passengers at risk of serious and fatal injuries. Following these reckless drivers at high speeds can also mean that police officers are risking the safety of others. Not only do they have to avoid the unpredictable behavior of the fleeing driver, but motorists must also anticipant the maneuvers of following police officers as they swerve out of the way. Firetruck Accidents Firefighters have the highest frequency of car accidents of any other first responder. In 2017, the National Fire Protection Association reported an estimated 15,430 collisions involving fire department emergency vehicles. These accidents occurred both while responding and returning from emergencies. The massive size and weight of a firetruck can have significant repercussions in the case of an accident. Rollovers accounted for 66 percent of fatal firetruck accidents. These types of accidents can easily lead to debilitating injuries when crushing a passenger car and the occupants inside. Firetrucks are not easy to maneuver at high speeds. When responding to an emergency, it can take nearly double the time for a firetruck to stop safely than a passenger car. If a fire truck is speeding, stopping, switching lanes, or swerving can prove to be fatal for the occupants of the vehicles around them. Ambulance Accidents In a 20-year study of ambulance accidents from 1992 to 2011, the National Highway Traffic and Safety Administration (N.H.T.S.A.) reported an average of 4,500 crashes annually. More than 34 percent of these accidents resulted in injuries, some with catastrophic results. An additional 33 people die from ambulance accidents every year. Of these, 63 percent were occupants of other vehicles. Like most emergency vehicles crashes, ambulance accidents most often occur in the purist of an emergency. At least 60 percent of accidents occurred while ambulances were on their way to help. High speeds combined with the heavy, bulky build of ambulances make them particularly dangerous on the road, especially in the case of a rollover accident or sideswipe. Passenger vehicles can experience significant difficulty moving out of the way in time for oncoming ambulances depending on the road conditions. Manhattan, Brooklyn, Bronx, Queens, and Staten Island are all known for congested, narrow streets. Ambulances citywide can put motorists, bicyclists, and pedestrians at serious risk if impeding on bike lanes or sidewalks to make it through. How To Avoid An Emergency Vehicle Accident First responders are not out to harm the public, but accidents happen. To help reduce your risk of getting into an accident, New Yorkers can follow these safety guidelines for driving safely around emergency vehicles. Stay alert. You can only make an educated decision on how to react safely to an emergency vehicle if you know they are coming. Stay alert to the cars and flow of traffic around you at all times. Reduce the noise. Music and loud passengers can drown out critical sirens needed to alert you that an emergency vehicle is approaching. Make a pullover plan. Never blindly pull over when an emergency vehicle is behind you. Determine the best course of action by using your mirrors and watching surrounding traffic to find the best place to move over. Slow down. Emergency vehicles will be traveling fast, but you don’t have to. Avoid speeding to maintain better control over your car and reaction times. Don’t follow to close. Leaving minimal space between your vehicle and the car ahead of you will decrease to room available for moving out of the way. Avoid tailgating whenever possible. New York City and Long Island Motor Vehicle Accident Attorneys First responders have a duty to protect civilians, including the ones on the road to an emergency. Responding to a crisis is no excuse to put surrounding New York residents in danger. If you or a loved one has been injured in a traffic accident caused by an emergency vehicle, our winning
Independent Contractor Injuries in New York
If you’re an independent contractor in New York then you have a good understanding as to how things tend to go wrong on the job, even when you scrupulously plan out every specific detail. Human error, faulty materials, and countless other factors can lead to accidents and subsequent injuries while on the job, which is why independent contractors should more than likely have their own customized insurance. The New York workers’ compensation board has even publicly stated that “Independent contractors may be required to maintain their own workers’ compensation insurance policy if they intend to work for other businesses.” It’s an unfortunate reality within New York that employers are not required to have a workers’ compensation plan for independent contractors, and that independent contractors, in general, are not covered by the ubiquitous workers’ compensation that construction company employees and employees everywhere are accustomed to. So, what is your recourse if you’re injured on a New York construction site as an independent contractor? It’s important for all independent contractors in New York to know the risks they take and their rights if they’re injured on the job, and in this article, we’re going to discuss workers’ compensation for independent contractors, independent contractors’ rights to an injury lawsuit, independent contractor insurance, and licensing laws. But no matter what, you’re going to need the assistance of a workplace injury lawyer if you’re a New York independent contractor who’s been injured on the job. Our team of attorneys is always here for you, so always feel free to contact us for a free case review so we can get the necessary information we need to begin putting your case into action. How is an Independent Contractor Defined? In New York, an independent contractor is defined as someone who provides goods or services to another under contractual terms or a verbal agreement while typically utilizing their own resources, tools and general processes. Independent contractors don’t necessarily work for an employer, but rather when any specific employer needs them, which subjects independent contractors to laws of agency. When Will Workers’ Compensation Benefits be Awarded in New York? Within most cases in which an independent contractor is actually covered through workers’ compensation, this may be the contractor’s only compensation option. The independent contractor will also not be legally required to prove that their injury was caused by anyone else’s negligent acts when utilizing workers’ compensation. Under these circumstances, an independent contractor will only need to prove that their injury occurred while working on the job within any capacity. There are some situations in which an injured independent contractor who’s covered by workers’ compensation could pursue a personal injury lawsuit that is separate from their workers’ compensation benefits. This is because employers aren’t always at fault for construction and general on-job injuries. There are third parties like delivery drivers, vendors, other independent contractors, engineers, equipment manufacturers, architects and so many other potential parties that could share some of the liability in terms of how a specific independent contractor injury occurs. Filing an Injury Lawsuit When any third party’s negligence leads to a workplace injury, there can be grounds for an independent contractor to file a personal injury lawsuit against that third party or their employer. This is partly why it’s so important for independent contractors to always get their injuries examined as quickly as possible by a healthcare provider, and then reach out to a personal injury attorney to discuss what their legal options are. Some general contractors on larger construction projects will have their own liability insurance that covers independent contractors, while other contractors may require independent contractors to carry their own insurance policies. This is part of the reason why it’s so important, especially on smaller projects, for homeowners and other contractors to only higher independent contractors who can show proof of personal liability insurance. How Do You Get Independent Contractor Insurance in New York? Independent contractor insurance will cover you for any type of damages and general payments that you ultimately cause, and this type of insurance is so crucial because independent contractors are typically not covered by any company’s insurance. There are generally two options in terms of obtaining insurance coverage, including: Being added to a general contractor’s General Liability policy, which essentially will mean that you’ll be covered by the contractor’s insurance while performing a specific job for that team. Obtaining your own General Liability insurance policy. All you’ll need to do in this type of situation is make sure it’s properly added into your contract so the business you’re temporarily working for understands you’re covered. How Do Licensing Laws Impact Personal Injury Claims? Licenses or permits may always be required depending on the type of project an independent contractor is working within, but it will almost always be difficult for unlicensed, noncompliant independent contractors to recover compensation after an injury. There are different permitting and licensing regulations throughout New York, so you are going to want to have one of our attorneys help explain how specific licensing rules may affect your specific situation. There are always going to be a variety of ways in which an independent contractor can be compensated, or left without any compensation at all. Typically, this will always come down to the applicable insurance policies, or lack thereof, in terms of determining what happens and whether or not an independent contractor will be financially supported or not. This is why we always will recommend that independent contractors carry their own liability insurance. Were You Injured Doing Independent Contractor Work in New York? Contact Us Today for a Free Consultation! The experienced team at Siler & Ingber, LLP are always here to help you determine your best course of legal action in the case of workplace injuries, and we’ll help you better understand if your specific situation qualifies for a personal injury claim. Contact us online for a free case evaluation where we’ll answer all your questions and provide our expert legal advice, or call us directly at
How to Choose the Best Personal Injury Lawyer in New York
When you are injured in an accident due to negligence, finding the right personal injury attorney to represent you can be complicated. There are hundreds of attorneys scattered across New York City and Long Island more than willing to take your case. But choosing a lawyer that is the best in securing a favorable result can be challenging if you’re not sure where to start. Not all personal injury lawyers are the same. And general lawyers who claim to have experience in personal injury cases may not have extensive knowledge in this area of law. You can make the process of hiring an attorney easier for you and your family by knowing which qualities make an attorney successful, and the red flags to signal that an attorney is not right for you. Hiring the Best New York City Personal Injury Lawyer On any given day, millions of people are rushing around the streets of New York City. When accidents occur, it’s easy to become overwhelmed and distracted, particularly when your accident resulted in a painful injury. Unfortunately, too many New Yorkers have lost the opportunity to pursue a justified claim after they have been wrongfully injured. Missing the statute of limitations, clients choosing to represent themselves, or hiring the wrong attorney for the job have all resulted in denied claims- even when the presence of negligence is noticeable. It’s crucial for accident victims in Manhattan, Brooklyn, Bronx, Queens, and on Staten Island to call an experienced personal injury attorney familiar with the fast-paced workings of the city immediately after an accident. The best NYC attorneys understand the complexity of personal injury claims and are ready to spring into action the moment they take on your case. They understand the challenges of filing claims late and the negative implications they can have on an individual’s final result. Dedicated personal injury attorneys know which information is critical to filing a successful claim and possess the resources required to build a convincing argument, ready to take to trial if needed. Hiring the Best Long Island Personal Injury Lawyers Finding an experienced personal injury lawyer on Long Island can be just as difficult as finding one in New York City. Suffolk and Nassau County combined have one of the highest populations of licensed lawyers in the state. With so many choices, choosing the right attorney can be difficult when you are stressed and injured after an accident. The most important thing to remember when choosing a personal injury attorney is that not all law experience is equal. Clients should be looking for lawyers with valuable experience in personal injury law in both Suffolk and Nassau County court systems. The Suffolk County Bar Association and the Nassau County Bar Association are excellent resources to start your search for credible and licensed attorneys. These associations are regulated by the state bar association and previously vetted for attorneys who may not have your best interests in mind. A sense of community is another excellent quality to look for in a Long Island personal injury attorney. Attorneys who are heavily involved in the communities they work in have a significant advantage over other New York attorneys. Giving back and staying involved allows these attorneys to be strong and competent advocates who are prepared to fight for your rights to fair compensation after an accident. Why You Need To Hire An Experienced Personal Injury Attorney Regardless of whether you are injured in New York City or on Long Island, hiring an attorney whose sole concentration is in the area of personal injury law is key. New York lawyers who handle various types of law may know enough to file a personal injury claim, but are unable to secure full compensation or successfully take the case to trial. Other firms to watch for are known as ‘settlement mills’. These firms gain a reputation of only taking on cases they can settle quickly for less money, and robbing the client of the full reward they deserve. An experienced personal injury attorney has the knowledge and resources to file a claim successfully and fight for the maximum benefits available to support their client’s recovery. These professionals understand the importance of details and will ensure all documentation is filed correctly and on-time to avoid any negative consequences that could affect the success of a claim. Other factors that should be considered before hiring a personal injury attorney include: Past results: Looking at the past results of a personal injury firm will clue you into how successful they are with civil actions and which counties they are most familiar with. Experience: Knowing which types of cases a lawyer excels in and has the most knowledge of can significantly help you choose the best lawyer for your case. Free Consultation: Attorneys who want to charge you for the first initial consultation may be more interested in the money than your accident. Free consultations are standard for most experienced personal injury attorneys and essential for assessing the strength of a claim. Community Involvement: Personal injury firms who are not involved in the communities they work in will not be as successful as the ones who are. Participating in the growth of a community gives attorneys the knowledge they need to understand their clients and the global implications these injuries can have on their lives. Contingency Fees: Most personal injury attorneys work on a contingency basis, not requiring their clients to pay unless they win. Personal injury attorneys who work hourly can cause financial stress for their clients and may not be motivated to finish strong. Finding a personal injury attorney who meets all these requirements is not sufficient enough to secure a positive result. The best attorneys must be skilled in all areas of filing personal injury claims and able to overcome the challenges that often get in the way of winning these types of cases during litigation and trial. Successful Personal Injury Claims Are Filed On-Time Every personal injury claim is unique with the
Amusement Park Dangers: What You Need To Know Before You Ride
More than 370 million Americans are planning to visit an amusement park this summer. Another 500 million will be attending local carnivals or traveling fairs. While most guests walk away from the experience with a thrill and smile, thousands could be visiting the emergency room to treat amusement park-related injuries. The Hidden Data on Amusement Park Injuries Organizations who promote amusement park safety continue to encourage visitors that injuries sustained from rides are slim and far between. According to the International Association for Amusement Parks and Attractions (I.A.A.P.A.), there are over 1.7 billion rides to experience at over 400 fixed facilities in North America, with only a 1 in 18 million chance of becoming injured. However, researchers from other safety organizations have found significant flaws in how amusement park injuries are measured and recorded. These deficits may be leading to tens of thousands of unreported injuries and unaddressed safety issues with hazardous rides. These are a few of the concerns: Skewed Injury Categories The I.A.A.P.A. places a large emphasis on hospitalizations caused by amusement park rides, but not so much on the minor injuries. According to CNN, over 30,000 people visited the hospital for ride-related injuries in 2016. These injuries ranged from broken bones, head trauma, or severe lacerations that were not included in the report because they did not require immediate hospitalization. Some injuries can also be incorrectly categorized in the hospital. A slip and fall injury that happened when a child was getting off a ride may only be recorded as a fall injury, further skewing the data needed to improve ride safety. Fixed vs. Mobile The 1 in 18 million chance statistic of becoming seriously injured at an amusement park also does not include mobile carnivals and fairs. This data is collected from fixed parks only, where rides are inspected more consistently. Mobile rides found at traveling carnivals are constantly being taken down and reassembled throughout the year. Every time a ride is taken down and shipped to a new location, the possibility of damage increases. This puts riders at a higher risk of injuries for equipment malfunctions during operation. Inconsistent Regulations Injury data acquired from amusement parks and carnivals are not as accurate as it should be. This is in part due to the regulation differences from state to state. According to Safer Parks, the U.S. Consumer Product Safety Commission only investigates accidents and helps to correct defects or hazards with rides on mobile attractions. Fixed amusement parks are regulated by the state and local entities they reside in- if they choose. Some states have no regulations when it comes to amusement park rides. While these states tend to lack fixed facilities, there is no regulation for carnival rides unless a problem occurs. New Yorkers who are avid thrill seekers do not have to stay away from amusement parks this summer to stay safe. Prevention is key when it comes to avoiding ride-related injuries You can significantly decrease your chances of preventable accidents by knowing the common injuries and the red flags that indicate a ride might not be safe. Common Ride Injuries A study by the Nationwide Children’s Hospital in 2013 found most amusement park and carnival injuries occur during the summer months. Approximately 20 children are treated every day for ride-related injuries between May and September. Around 28 percent of these injuries were sustained to the neck and head- two areas where damage can lead to long-term health consequences. The majority of reported ride-related injuries include bumps and bruises (29%); sprains and strains (21%); cuts (20%); fractures (10%); and other (20%). The ‘other’ category of this study is concerning. These accidents could be serious injuries such as brain injuries or spinal cord damage, or even catastrophic injuries such as amputations. And classifying the category as ‘other’ provides the misconception that the injury might not have been severe enough to list. How Ride Injuries Happen Most ride-related injuries are entirely preventable. In fact, the Nationwide Children’s study shows most kids become injured on rides simply from getting on and off! Other causes of ride-related injuries include: Falling on or against a ride (31.7%); Hitting their body on a ride or being hit by something while riding (17.7%); Catching a body part or their clothing on a ride component (7.2%); Getting on or off the ride (6.3%); and Being struck by ride, moving or stationary (2.6%). Amusement park rides are made with durable materials that are not necessarily comfortable when you’re being jolted, jumbled, and flipped around at high speeds. Even riders who use the safety restraints correctly can become injured from the force of a ride digging seatbelts into their abdomens and legs, or their head banging back and forth against over-the-shoulder safety devices. Children are especially susceptible to injuries on amusement park rides because they may not know the safest ways to position their bodies or prepare for upcoming turns and twists. They also have a false belief that rides are safer than they really are, unable to understand the consequences of failed inspections or malfunctioning parts. Inspection Slips Injuries are not always the fault of the rider. Several unsafe rides around the country continue to operate every year, even with known risks of injury and death. Parents should always be aware that just because a ride is up and running does not ensure its safety. In New York, these are the departments regulating ride attractions: New York State: New York State rides are regulated through the NYS Department of Labor. They are responsible for inspecting amusement park and fair rides outside of New York City and require that all rides have a permit to operate. New York City: New York City rides are regulated by the city and must be licensed to operate. Licenses depend on the type of ride and duration of stay, and portable rides must be inspected each time they relocate. If parents are concerned about any ride they are seeing in operation, say something. Unsafe rides are only
These Fourth of July Accidents Can Be Deadly!
Independence Day is one of the most thrilling summer holidays. Between fireworks, barbecues, and pool parties, most Long Islanders will have their upcoming weekends packed with exciting events. Safety will be especially important to remember during this Fourth of July, no matter how you chose to celebrate. Sadly, seven people were killed on Long Island in less than 48 hours last Independence Day. The accidents included: A 25-year-old man who died after crashing his motorcycle into a guardrail on the Long Island Expressway; A 49-year-old man who died after crashing his motorcycle into a barricade on Veterans Memorial Highway; A 17-year-old who was killed when refusing to join a gang; The driver of a Jeep who was killed in a vehicle accident in Ronkonkoma when his car caught fire after crashing into multiple road hazards; A 47-year-old man who was killed when he struck a guardrail on the William Floyd Parkway; A 41-year-old man who drowned at a Mattituck beach when trying to save his child; and A 16-year-old died in New Cassel who died after suffering serious unknown injuries. Any Long Islander planning a getaway or even a small celebration at home should prepare for accidents this holiday. By familiarizing yourself with the most common Fourth of July injuries, you can decrease your family’s chance of injuries this weekend and focus on having a good time. Deadly Roadtrip Hazards Four of the seven Fourth of July deaths on Long Island in 2018 were the result of vehicle accidents. The AAA recently stated that 2-million more motorists could be on the roads this holiday weekend, putting the total of possible travelers up to 48.9 million and counting. Summer holidays increase the number of distracted, drunk, fatigued, and aggressive drivers on the road in addition to traffic congestion. With New York City ranking as one of the top tourist destinations this Independence Day, New York motorists are at an increased risk on the road. According to Finder, New York was the ninth deadliest state for traffic accidents between 2008 to 2017, with a total of 56 fatalities. How To Stay Safe Start your holiday trip off right by avoiding the most congested times on the road. The AAA predicts July 3 will be the worst day to leave this year for New Yorkers, specifically between the times of 1:45 to 3:45 p.m. when delays are expected to be 3.8 times longer than usual. Before you leave, ensure your car is in working condition. AAA rescues over 367,000 stranded motorists every Independence Day weekend. Cars and pedestrians on the side of the road can easily be hit by drivers who are not paying attention. Reduce your chances of a breakdown by taking your vehicle to a repair shop for any outstanding maintenance before your road trip. Motorcycle riders must use extra caution on the road this holiday. Keeping speeds low, staying vigilante, and avoiding rides in inclement weather are the first steps to reducing accidents. Never assume a car sees you coming or is paying attention. Using defensive driving methods is extremely important to protect riders when roads are busy and drivers are in a hurry. Drowning Horrors Drowning is one of the leading causes of death for children in the summer. Newsday reports Long Island saw nearly 90 drowning deaths between 1999 to 2017. Children ages 1 to 4 have the highest rate of drowning across the country, but they are not the only ones in danger. One of the seven Long Island Independence Day fatalities in 2018 was a father trying to save his child from drowning. Other incidents of adults and older children drowning from sports injuries, rip tides, and boating accidents have also been reported over the years. How To Stay Safe Parents should always supervise young children in the water. Using swimming aids can help reduce the risk of drowning for children who cannot swim. However, swimming lessons are the most effective in the long run. If you have a pool, make sure to install a sturdy gate to keep unsupervised children away from the water. When swimming in the ocean, take note of the waves, rip-tides, and crowds before taking a dip. Freak Firework Accidents It wouldn’t be a Fourth of July celebration without fireworks. But these exciting explosives can lead to serious harm when missed. The National Fire Protection Association (N.F.P.A.) reports fireworks are responsible for an average of 18,500 fires and 10,500 injuries every year. Hand injuries accounted for over 36 percent of accidents, followed by head, face, and ears injuries (19 percent), eye injuries (19 percent), trunk injuries (11 percent), leg injuries (10 percent), and arm injuries (9 percent). While some people can get away with minor burns from sparkler flares, other individuals sustain traumatic injuries from firework accidents that can be permanently disabling, such as amputations, first and second-degree burns, bone fractures, and vision/hearing loss. How To Stay Safe The safest way to enjoy fireworks this holiday is to see a public show and leave the dangerous tasks to the professionals. There are several shows on Long Island your family can attend this year with spectacular displays. Click here to see a list of shows in your area. If you do want to take a chance with home fireworks this weekend, avoid products such as sparklers, firecrackers, reloadable shells, roman candles and illegal fireworks known for causing injuries. Always keep children far away from fireworks and never relight a firework that did not go off on the first try. To avoid house fires, keep all fireworks a safe distance from any homes and roofs. Heat Dangers Most New Yorkers are planning outdoor activities for the upcoming holiday. With temperatures predicted to remain high, Independence Day celebrators could be spending a lot of time in the heat. Prolonged exposure to the sun and heat without any way for the body to cool down is extremely dangerous. According to Mayo Clinic, heat illnesses such as heat stroke occur when your body temperature rises
Top 5 Pedestrian Accident Injuries
Pedestrian accidents in New York City are getting out of hand. According to NYC Open Data, over 11,000 pedestrians were injured in 2018 due to traffic accidents and an additional 114 pedestrians were killed. Despite NYC seeing the lowest number of traffic fatalities last year since records began in 1910, seven more pedestrians died in 2018 than in the previous year and accidents continue to be on the rise. When a pedestrian goes head-to-head with a vehicle on a busy New York City street, the results are catastrophic. Pedestrian accident injuries can lead to permanent disabilities, long-term health conditions, and pricey medical bills, all which place additional stress on an individual and their family. It’s critical for New Yorkers to understand the dangers of being a pedestrian and the severe injuries they could face if they are not staying alert on the road. These are the top five pedestrian accident injuries all New Yorkers should know about and how to avoid accidents to reduce their risk of harm. Head Trauma A brain injury is one of the most life-changing and devastating injuries a pedestrian can face. According to the Brain Injury Association of America, victims of pedestrian accidents can suffer multiple different types of injuries to the brain, including: Concussions; Contusions; Diffuse axonal (tearing of brain structure); Penetration; Anoxia (lack of oxygen to the brain); Hypoxia (minimal amount of oxygen to the brain); and Traumatic Brain Injuries (mild, moderate, or severe). Depending on the location of the brain injury and the force of impact to the head, a pedestrian can sustain damage to one or more parts of the brain. These injuries can affect an individual’s cognitive, emotional, psychological, physical, and social abilities, often requiring a lifetime of care and recovery to cope with. Spinal Cord Injuries Pedestrians who are struck by vehicles may sustain significant injuries to the spinal cord. Spinal cord injuries can result in loss of physical functioning, mobility, or even feeling in the upper and/or lower extremities. According to the Shepherd Center, there are two types of spinal cord injuries: Complete: These types of spinal cord injuries result in permanent damage to the area of the spine where the injury occurred. Examples of permeant injuries include paraplegia or tetraplegia. Incomplete: These types of injuries cause partial damage to the spine and may affect an individual’s ability to move or feel depending on the injury. These effects can be long-term or temporary. Spinal cord injuries often require extensive and long-term rehabilitation. Assistive devices, such as wheelchairs, walkers, or canes may also be necessary for an individual to move around after a spinal injury. These devices are expensive and place additional financial hardships on individuals and families on top of the medical bills for the injury. Internal Injuries Even vehicles traveling at moderately slow speeds can cause life-threatening internal damage to pedestrians in an accident. The most common internal injury according to WebMD is internal bleeding. The most serious sources of internal bleeding include: Brain bleeds; Bleeding in the lungs; Bleeding around the heart; Damage to the abdominal organs such as the liver, or spleen; and Tears in blood vessels near the center of the body. Internal bleeding put organs and tissues at significant risk. Pedestrians with internal injuries often have to undergo emergency surgery minutes after arriving at the hospital and require a long, slow recovery to ensure proper healing. Bone Fractures Broken bones and fractures occur often in pedestrian accidents and can be incredibly painful. The extensive force placed on a person’s bones in the case of a collision can cause bones to shift, chip, break, split, or even shatter depending on how fast the far is going. According to a study published by the National Center for Biotechnology Information, the most common areas affected by bone fractures are the lower extremities (hip, thigh, leg, ankle, knee) and the upper extremities (shoulder, arm, elbow, wrist, hand). Depending on the extent of the broken bone or fracture, pedestrians can require extensive surgeries to correct the damage and experience chronic pain if nerve damage accompanies the injury. Pelvic Injuries When most individuals stand in front of a car, their pelvis is perfectly aligned with the hood. This puts pedestrians at serious risk for pelvic injuries which can have several negative health consequences: Fractures: According to OrthoInfo, there are two types of pelvic fractures pedestrians can experience in an accident- stable and unstable. Stable fractures involve only one break in the pelvic ring and are generally easier to recover from. Unstable fractures involve two or more breaks and can cause alignment issues. Pelvic fractures can also be “open”, where the broken bones penetrate the skin and increase the risk of dangerous infections for the victim. Organ Damage: The pelvic cavity contains reproductive organs, the bladder, pelvic colon, and various major arteries, and veins. Severe trauma in these areas could pose a risk of internal bleeding, difficulty going to the bathroom, and lead to devastating reproductive damage, particularly for women. Chronic Pain: Serious pelvic injuries can make it difficult for pedestrians to walk and move around. Because the muscles in the pelvic area are so often used, nerve damage could cause chronic pain requiring years of recovery and treatment to correct. Unfortunately, all of these injuries can lead to the wrongful death of a pedestrian, either immediately after an accident or from injury complications down the line. Motorists are responsible for using caution on the road and staying alert to pedestrians, but this doesn’t always happen. It is up to pedestrians to use safety measures every time they share the streets to reduce their risks of being injured. How To Reduce Your Risk of Injuries The AAA offers several safety tips and defensive walking suggestions pedestrians can use to avoid becoming a victim in an accident. Pedestrians should take these steps every time they are walking in the city, especially during rush hour and at night when most accidents occur: Stay visible by wearing reflective clothing at night and
How A Personal Injury Attorney Gets Paid
It’s not uncommon for people to avoid contacting lawyers out of financial fear. The thought of paying substantial up-front costs or high hourly fees is terrifying, mainly when there is no guarantee of a positive result. Fortunately for clients who are seeking representation from a personal injury attorney, you don’t have to break the bank to get quality legal services. Most personal injury lawyers secure their earnings through contingency fees, where clients only pay when their case is won. This arrangement allows clients the ability to afford the quality legal representation they deserve while providing a safety net for individuals if their claim is unsuccessful. What Is A Contingency Fee? Contingency fees are the costs your lawyer deducts for their services upon the successful conclusion of a case. When clients enter a contingency fee arrangement with an attorney, a fixed percentage will be deducted from the judgment or settlement a client’s compensation at the end of a case. After the attorney’s percentage of the winning is subtracted, the client walks away with the remainder of the reward, without the worry of having to pay additional fees. Contingency fees must meet several qualifications to be valid: • They must be in writing; • The client must agree to them; • They must state the method of how the fee is determined; • They must clarify whether the expenses are deducted before or after the fee is calculated; and • They must explain which expenses the clients are responsible for. Attorneys who enter into contingency agreements with clients are often referred to as “no win, no pay” lawyers. There are no upfront costs, hourly rates, or retainer fees that are common with most other lawyers in the industry. Types of Cases Where Contingency Fees Apply It’s important to remember that not every attorney works on a contingent basis. Attorneys who work for contingency fees are taking a gamble in representing clients without the guarantee of payment. These attorneys must work exceptionally hard to seek favorable results, with little room for errors or lack of dedication. Some of the most common types of cases where attorneys may charge a contingent fee include: • Personal Injury; • Product Liability; • Medical Malpractice; • Vehicle Accidents; • Property Damage; and • Class Action Lawsuits Not all attorneys are up to this level of commitment in the personal injury field. If you are looking into a personal injury firm that does not offer contingent services, ask why and research the background of the firm before they start investigating your case. When Contingency Agreements Are Not Allowed Certain areas of the law prohibit the act of charging contingent fees, threatening the penalty of disbarment. These types of cases include: • Criminal Cases; • Immigration Cases; • Trusts or Legal Documents; • Domestic Relations (divorce or child support); and • Bankruptcy. If lawyers in these fields are offering contingent services, clients should be looking elsewhere for representation. How Much Is A Contingency Fee? The percentage deducted for contingency fees depends on the state your case is located in and the type of case. In New York, the ordinary percentage for a contingent fee is 33 percent, about a third of the monetary reward received. Before any work begins, you and your attorney will review the predicted duration, complexity, and resources needed for your case to agree on a fixed percentage. The stage in which your case is brought to a conclusion can also affect the payment percentages for your lawyer. If an attorney settles your claim before a lawsuit is filed, it is unlikely they will secure more than 33 percent of the reward. What Else Can Lawyers Charge For? When you hire a lawyer to represent your best interests, there is an abundance of investigative and administrative work going on behind the scenes to litigate or try a case successfully. It’s common for personal injury attorneys to bear the brunt of costs and expenses during the legal process to maintain a healthy momentum in the case. These expenses are then deducted in addition to the contingency fee from the secured settlement or judgment if the case is won. Examples of costs and expenses that could be deducted include medical records, postage, expert witnesses, police reports, filing fees, and outside investigators. These costs can put the percentage of a lawyer’s fee up to around 45 to 60 percent, but the benefits of keeping the case moving strong and efficiently is worth the cost. When it comes to additional costs and expenses, discuss these details with your attorney before entering an agreement to ensure there are no surprises at the end of the case. The Benefits of Contingency Fees In most personal injury cases, the clients are seeking monetary compensation because they cannot afford to pay for the injuries a negligent party has caused. Contingency fees are a saving grace for financially insecure individuals. This agreement allows clients the opportunity to seek justice without having to go broke and to secure experienced legal representation instead of settling for what they can afford. NYC and Long Island Personal Injury Attorneys The attorneys of Siler & Ingber are committed to working with our clients to help them get the compensation they deserve. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. If you have been hurt in an accident, we are here to help. Contact us today at 1-877-529-4343, or schedule an appointment online anytime. We never charge a fee unless we recover money for you.
