What to do if an Insurance Company Refuses to Pay an Auto Claim
Just about everyone is involved in a car accident at some point in their lives, and your specific accident case may have been caused by your own negligence or the negligence of another driver. In the instance that it was another driver’s fault, it’s their insurance company that should cover your injury costs, and compensate you for car repairs or a replacement car of similar value. But there frequently are unfortunate scenarios in which an individual has a valid auto claim, but the other driver’s insurance company refuses to pay for it. In these situations, it’s imperative to get involved with an experienced auto insurance lawyer, and our team at Siler & Ingber, LLP has handled countless cases of refused claims. We know exactly how insurance companies are motivated towards compensatory action, as well as their tactics to slowly settle or decline payments altogether. By working with one of our auto insurance specialists we’ll be able to protect your rights against shady adjusters and ultimately resolve your auto claim. In this article, we are going to go over some of the ways in which we work with our clients to resolve their claims, and the key aspects of these situations you should know about. Profits Over People The very first thing people should realize in the situation when an auto insurance company refuses to pay an auto claim is that insurance companies solely work for a profit. They are never going to put people or altruism in general ahead of their bottom line, and by understanding how insurance companies work you can in turn correctly retaliate to any type of payment refusal. All insurance companies will do just about anything to keep their money in certain types of investments instead of paying out claims, and they’ll only actually respond in these types of situations via profit-loss punishments. Once you begin to fully understand their business methodology you can then figure out how to go forward with handling their tactics to refuse your auto claim. Ask for an Explanation Most insurance companies will always support their policyholder, so in the situation in which you were involved in an accident that wasn’t your fault you could many times find out that an insurance provider will not even begin to help you until they hear their policyholder’s version of what happened. When the company denies the auto claim even though there’s evidence that you weren’t at fault, you’ll have to directly contact them and provide all the evidence you have. This type of evidence can include things like the police report, recorded statements and eyewitness testimonies that support you. If you still cannot make any type of progress with the insurance company then you should ask (and record) them to explain how they believe the accident happened. Threatening Their Profits We’ve discussed how insurance companies put profits over people, so it makes sense that you’ll have to threaten their profits in some way when they refuse to pay an auto claim in order to get a response from them. In order to effectively put their profits at risk, you’ll need the assistance of an experienced insurance lawyer, which is where we come in. What we’ll end up doing is give the insurance company all the necessary documents that will help them fairly evaluate the auto claim, and then set a very firm payment deadline. When you threaten their profits you’ll likely motivate them to pay the full value of your auto claim, and this is predominately because they don’t want to deal with insurance lawyers and the time and money it takes to actually evaluate your auto claim. Utilize Your Policy There are circumstances in which your own insurance provider will compensate you for damages when another driver’s insurer isn’t willing to cooperate, and this predominately applies to having collision coverage. If your policy does have collision coverage included then your insurer should more than likely be able to fully pay out the claim when things get a little tricky. When this kind of situation occurs your insurance company will then undergo subrogation, which is their process of recovering some or all of the claim’s expenses from the other driver’s insurer. Mediation and Small Claims Court It may depend on where you live, but if your auto claim amount is somewhat small then you’ll have the option to take the uncooperative insurance provider to small claims court for a solution. It’s always best to have an attorney on your side throughout this entire process to ensure everything goes smoothly during the mediation process in which a third party will hear both sides of the case and make a decision. Filing a Lawsuit Over an Auto Claim It may come down to you and your attorney resorting to filing a lawsuit against the insurance company in order to get your rightful compensation, and this process always requires the hiring of an experienced insurance lawyer. The specialists at Siler & Ingber, LLP are more than capable of getting you to a favorable settlement or judgment by presenting your valid case in court, and by getting in touch with us shortly after your accident you can be rest assured that you are meeting all of New York’s statute of limitations and other document filing requirements. Contact Us Today for a Free Consultation If you or a loved one is dealing with an insurance company that is unwilling to pay out an auto claim that’s derived from an accident that wasn’t your fault, you are more than likely eligible to file a lawsuit to get your rightful compensation. As we’ve discussed above it’s much more complicated than simply filing a lawsuit right away, and by joining forces with our team of respected insurance attorneys you’ll be in a much better position to put the right type of professional pressure on insurance companies and their adjusters to get the results you deserve. Contact us online or call us at 516.294.2666 for a free consultation.
New York Saw & Cutting Blade Accidents
About one out of ten construction workers suffer from a long-term or permanent disability injury, and unfortunately injuries from cutting blade and saw accidents are one of the most frequent construction worker injuries throughout New York. These types of accidents many times result in serious hand and feet injuries, as well as the amputation of fingers. Sometimes cutting blade or saw accidents are so severe that they prevent construction workers from ever working again. There’s no denying how integral sawing and cutting is to all aspects of construction, which is why these types of injuries are so common. Although all construction workers are aware of the inherent dangers that cutting tools and machinery pose, even the most experienced construction workers can be injured while working with bladed machinery. At Siler & Ingber, LLP, we understand just how quickly your life can change as the result of a serious accident, and we handle countless personal injury cases involving power tools for construction workers and within other settings. If you or a loved one has suffered losses or harm as a result of a saw or cutting blade injury, our team of construction accident attorneys can assist you in navigating the necessary steps towards receiving your rightful compensation. Dangerous Equipment Leads to Serious Injuries Power-driven saws are used for all sorts of purposes on construction sites, including cutting through materials like metal, wood, concrete and so much more, which is why they are always present on all construction sites. Unfortunately, saws and cutting blades generally pose significant risks to everyone involved on construction sites, including anyone who’s simply traveling by a construction site. Every cutting blade injury case is unique in terms of the circumstances and machinery that’s involved, but the most common types of injuries in blade and saw accidents include the following: Amputation injuries (finger(s), hand, toes, etc.) Severe disfigurement, lacerations, and disabilities Eye injuries and/or loss of vision Burn injuries Traumatic brain injuries Falling objects Electric shock Slip and fall injuries Fatal injuries/wrongful death Common Causes of Saw Injuries on New York Construction Sites Cutting accidents of all types happen due to an entire array of reasons, including improper saw usage, improper maintenance, using damaged or defective blades, and much more. The most common saw types that create construction site injuries include the following: Table-mounted circular saws — Table saws are typically utilized for any type of straight sawing, and the most common injury is a result of the saw operator’s hand(s) coming too close to the spinning blade while maneuvering the material that’s being cut. Another common cause of injury with table saws is when the blade “kicks back” any type of material into the worker’s body or face. Skill saws — Skill saws are handheld circular saws that pose even more hazards due to their portability. The versatility of this particular power tool is what unfortunately makes it very likely to cause user injuries. Many times the spinning blade may not be adequately guarded, which can lead to the blade striking a worker all throughout the body and potentially leading to fatal consequences. Band saws — Band saws utilize flexible blades that run between pulleys, and injuries are much less prevalent with band saws as opposed to table saws. But what’s unfortunate about band saws is that almost all the injuries with this type of saw involve direct hand contact with the moving blade. Jigsaws — Jigsaws move rapidly up and down across a cutting surface, but if the saw isn’t properly guarded a worker can very easily suffer finger and hand injuries while cutting or simply removing debris from the table. Failure to Maintain Guards on the Saw The failure to maintain guards on a construction site saw is by far one of the most commons causes for cutting accidents within New York construction sites. The New York State Department of Labor has recognized the inherent dangers of unguarded power saws and has since created a specific Industrial Code addressing this issue. Industrial Code 23-1.12(c) specifically says, “Every portable, power-driven, hand-operated saw which is not provided with a saw table, except chain saws and circular brush saws, shall be equipped with a fixed guard above the base plate which will completely protect the operator from contact with the saw blade when the saw is operating and with a movable self-adjusting guard below the base plate which will completely cover the saw blade to the depth of the teeth when such blade is removed from the cut.” Who Should be Held Legally Responsible for Cutting and Saw Accidents? The severity of saw accidents tend to lead to costs that aren’t fully covered by workers’ compensation, and for the most part employees in this situation cannot sue their employer. But, there are situations in which victims of saw accidents are eligible to file third-party lawsuits against any specific parties who did, in fact, lead to the causation of the injury. Some of the individuals and entities that can potentially be held legally liable for construction saw accidents include the following: Contractors or sub-contractors — If a construction worker was working with any kind of negligent party with a different employer, then this person could potentially be found financially responsible for the saw or cutting blade injury incurred by the employee. Some of the more common examples of this type of negligence include removing safety guards, engaging in horseplay, leaving dangerous machinery unattended, not performing proper maintenance and failing to adhere to all established safety regulations. Independent safety inspectors — The Occupational Safety and Health Administration (OSHA) has established requirements that all power tools be equipped with adequate safety guards, all machinery be maintained for proper working conditions, and that all heavy machinery operators be trained before conducting any type of cutting or sawing activities. There are certain instances in which an employer may have relied upon negligent advice from an OSHA inspector, and in these cases, the inspector could potentially be held liable for failing to identify
National Safety Month
June Is National Safety Month! Accidents causing fatal injuries can happen at any time, anywhere. Whether you’re at home, work, or out in the community, everyone is at risk for accidents when people neglect the safety of others. For the first time in history, accidental injuries are the third leading cause of death in the nation. In a report issued by the National Safety Council (N.S.C.) last January, there were 14,803 more accidental fatalities in 2016 than the previous year, a 10 percent increase from 2015. In 2017, a total of 47.2 million injuries were reported that resulted in 169,936 fatalities from preventable accidents- approximately 466 deaths every day. National Safety Month is a campaign observed every June to focus on reducing the leading causes of accidental injury and death across the United States. All accidents are preventable with the right safety measures in place. Here’s what Long Islanders need to know to keep their families safe this season. Leading Causes of Accidental Deaths By Age Every age group is susceptible to specific hazards that can lead to unintentional fatalities. Where teens may be more at risk for car crashes as they learn to drive, adults over 65 are more at risk for fall injuries as their bodies continue to age. According to the N.S.C. Injury Facts, these are the leading causes of accidental death for each age group and the annual number of deaths they contribute to: Infants < 1 : Suffocation (1,125 deaths); 1 to 4: Motor Vehicle Accidents (400 deaths); 5 to 14: Motor Vehicle Accidents (800 deaths); 15 to 24: Motor Vehicle Accidents (3,500 deaths); 25 to 34: Drug Overdose (8,900 deaths); 35 to 44: Drug Overdose (8.500 deaths); 45 to 54: Drug Overdose (10,100 deaths); 55 to 64: Drug Overdose (6,400 deaths); 65 to 74: Falls (4,000 deaths); 75 to 84: Falls (8,000 deaths); and Adults < 85: Falls (15,000 deaths). Besides age, occupation, gender, and location can also affect an individual’s risks of preventable death. Females are more likely to die from accidental falls (31%) as compared to men who are more likely to die from accidental poisoning (31%). New York’s top three leading causes of unintentional death include poisoning (35%), falls (25%), and motor vehicle accidents (22%), while other states such as Texas, have the same leading causes reversed: motor vehicle accidents (38%), poisoning (24%), and falls (19%). To identify your family’s top safety risks, use the N.S.C.’s Safety Check Up Tool to identify your unique hazards and how to beat the odds to prevent injuries. National Safety Weeks Each month of June is dedicated to a different safety topic addressing the leading causes of unnecessary accidents. It’s important for Long Islanders to understand the dangers of each hazard to help keep their families and communities safe: Week 1: Hazard Recognition Learning how to spot hazards in your workplace, home, and community is the first step to preventing accidents. Paying attention to factors such as lighting, air quality, temperature, and exertion levels can help you anticipate where accidents might occur and what safety measures will be useful. Week 2: Slips, Trips, and Falls Slips, trips, and falls are no minor accidents. Serious falling accidents can result in traumatic head injuries and spinal cord damage depending on the force and angle of the impact. Looking out for hazards that could cause a slip, trip, and fall accident can drastically decrease your chance of an injury. Removing obstacles such as spills, clutter, and bulky equipment are great places to start. If you cannot remove the hazards yourself, report the incidents to a supervisor or property owner. Week 3: Fatigue You shouldn’t be sacrificing sleep for work or entertainment. Fatigue can lead to a decrease in productivity, accuracy, vigilance, and judgment. The effects of lack of sleep can also make you more prone to accidents leading to preventable deaths such as motor vehicle crashes, occupational injuries, and falls. Week 4: Impairment Focus is critical, particularly at work or behind the wheel where staying alert could mean the difference between life or death. Staying in control of your actions means reducing impairments that could cloud your ability to judge safe situations. Fatigue, drugs, alcohol, and emotional distress are the most common impairments leading to accidents. Focusing on your overall health will reduce your chances of making poor decisions that could lead to unnecessary fatalities throughout the day. How To Get Involved There are plenty of ways Long Islanders can do their part in spreading awareness and holding their community accountable for prioritizing safety. Some include: Distributing flyers and other N.S.C. educational materials; Holding trivia contests with weekly prizes at home or work; Creating social media posts, blogs, and newsletters to spread awareness to friends and neighbors; Encouraging others to take the SafeAtWork pledge; Throwing a safety fair or event in your neighborhood; or Making a donation to N.S.C. to support the ongoing safety efforts. New York City and Long Island Personal Injury Attorneys At the law firms of Siler & Ingber, our dedicated team has been standing up for victims of preventable injuries for over 20 years. We understand the complexity of personal injury cases and the laws associated with protecting the rights of citizens in our communities from unnecessary dangers. If you or a loved one has been injured, our winning team of personal injury attorneys is here to support. Contact us today at 1-877-529-4343, or schedule an appointment online.
100 Deadliest Days of Summer
These Are The 100 Deadliest Days of Summer Teen drivers face more hazards during the summer months than at any other time of the year. According to the AAA, teen drivers are three times more likely to be in a fatal car accident from the end of May to the beginning of September. An average of 10 people a day die in traffic accidents involving teen drivers in summer and 50 percent of these crashes involve only one vehicle. While accidents happen, most of these fatalities were the result of reckless driving and 100 percent preventable. The consistent uptick in teen fatalities during the summer has resulted in a terrifying nickname for the stretch between Memorial Day and Labor- the ‘100 Deadliest Days.’ Long Island parents must be aware of the risks their teen drivers can encounter on the road this season. Promoting safe driving behaviors can significantly reduce your teen’s reckless driving habits and their chances of a fatal traffic accident in the future. Teen Driving Fatality Facts Vehicle crashes have been the leading cause of death among teens for decades. In 2017, a total of 2,734 teenagers ages 13 to 19 died in car crashes according to the Insurance Institute for Highway Safety (I.I.H.S.). Over 1,200 of these fatalities occurred within the 100 Deadliest Days. July was the most dangerous month for teen drivers, totaling 272 fatalities in 31 days. Some days of the week are safer for teen drivers than others. Over half of teen driving fatalities in 2017 occurred on the weekends. Of the 2,734 fatalities reported: 399 occurred on a Friday; 506 occurred on a Saturday; and 478 occurred on a Sunday. The time of the day your teen is driving matters when it comes to their safety. Nearly 50 percent of fatal teen driving accidents occurred between the hours of 9 p.m. and midnight (474 fatalities), 6 p.m. to 9 p.m. (442 fatalities) or 3 p.m. to 6 p.m. (444 fatalities). Summer Reckless Driving Trends Teen drivers account for a small percentage of motorists on American roads. Their crash rates, on the other hand, are through the roof. According to the Center for Disease Control and Prevention (C.D.C.), these are the risk factors leading to teen driving accidents in the summer: Inexperience: Teens are more likely to underestimate deadly driving habits than adult drivers, taking more unnecessary and aggressive risks. Speeding: Teen drivers are more likely to speed and leave shorter headways. Speeding is responsible for 31 percent of teen driving fatalities. No Seatbelts: Teens have the lowest rate of seatbelt use among all driving. About 66 percent of teens who die in a car accident are not wearing a seatbelt. Drinking and Driving: About 25 percent of car crashes involve an underage drunk driver. Teens are 67 percent more likely to try their first drink over the summer and lack the understanding of how substances affect their bodies. Driving Distracted: Distractions on the road are responsible for six out of ten vehicle crashes for teen drivers. Loud music, extra people in the car, and electronics can all take a teen driver’s attention from the road. Cellphones: Studies show teens in the current generation are far more likely to use their cellphones when driving. Over 94 percent of teens admit texting and driving is dangerous, yet, over 35 percent admit they do it anyway. Preventing Teen Driving Fatalities Spreading awareness about the 100 Deadliest Days is the first step to preventing teen fatalities this summer. Long Island parents can do their part by reviewing the driving statistics with their teens and encouraging safe driving habits year round. Addressing these safety topics can help get the conversation started: Buckle Up: Driving or riding without a seatbelt is deadly and against the law. Make sure your teen knows to buckle up every time they get into a car as a driver or a passenger. Limit Distractions: Review the most common distractions teens fall victim to behind the wheel. Establish car rules that discourage the use of electronic devices, loud music, or too many passengers to keep your teen alert. Put The Phone Away: Some parents ask their teens to put their phone out of sight and out of mind. If this method doesn’t work, utilize free apps to prevent cellphone use while driving. Encourage Sober Driving: Educate your teen on the dangers of driving while impaired. Review the zero-tolerance laws in New York and the deadly consequences. If they do drink, create a safety plan for how they will get home. Make Adjustments: Most teens don’t know how to prevent fatal airbag injuries. Parents should show their teens how to adjust the steering wheel, seat, and mirrors for the ultimate protection when driving. Create a Driving Contract: Consider creating a Parent-Teen Driving Contract with your teen. Setting ground rules will show your teen you are serious about their safety and encourage them to think twice about risky behaviors. Be Your Teens Driving Role Model You can advise your teen on safe driving until you’re blue in the face. But the most significant impact you can have on your teen driver is to show them. Check your driving behaviors for speeding, aggressive maneuvers, or distractive habits. Most teens get their first driving lesson watching their parents from the backseat. Teach your kids early about the dangers of reckless driving and remind them it’s a privilege that can be lost.
Long Island Hospital Grades
The Best Hospitals On Long Island 2019 If you get injured over the holiday weekend, you might want to think twice about which hospital you visit. The Leapfrog Group recently ranked hospitals in New York at 43rd in the nation for health and safety. Only 11 out of the 146 hospitals evaluated received an A-rating, with merely three located on Long Island. Hospitals with advanced equipment and high rated doctors are not always considered safe. Even the best medical centers are capable of making fatal mistakes when safety measures are neglected. Medical errors are the third leading cause of death in the country, resulting in over 400,000 patient deaths every year, according to John Hopkins University. Hospital mistakes during care can occur for several reasons, some including: medication errors; lack of communication; lapses in hospital organization; technical failures; or staffing shortages. When hospital safety issues are not addressed, patient injuries and fatalities soar. Long Islanders should be aware of which hospitals in their community are falling behind in health and safety measures to avoid becoming a victim of medical negligence. Knowing the local hospitals you can trust in the case of an emergency could save your life or the life of someone you love. Long Island Hospital Grades Leapfrog reviewed a total of 23 medical facilities across Nassau and Suffolk Counties. Over 65 percent of the hospitals received an average rating or below, while only three achieved a satisfactory A-rating. Here is the full list of Long Island hospitals reviewed for each county and how they scored: Suffolk County Mather Hospital, Port Jefferson (A) St. Charles Hospital, Port Jefferson (A) Northwell Health – Huntington Hospital, Huntington (B) Good Samaritan Hospital Medical Center, West Islip (B) St. Catherine of Siena Medical Center, Smithtown (B) Northwelll Health System – Southside Hospital, Bay Shore (C) Stony Brook University Hospital, Stony Brook (C) Peconic Bay Medical Center, Riverhead (C) Southampton Hospital, Southampton (C) Eastern Long Island Hospital, Greenport (C) Brookhaven Memorial Hospital Medical Center, Patchogue (D) Nassau County St. Francis Hospital, The Heart Center, Roslyn (A) NYU Winthrop Hospital, Mineola (B) North Shore University Hospital, Manhasset (B) Northwell Health System – Glen Cove Hospital, Glen Cove (C) Long Island Jewish Medical Center, New Hyde Park (C) South Nassau Communities Hospital, Oceanside (C) Long Island Jewish Valley Stream, Valley Stream (C) St. Joseph Hospital, Bethpage (C) Northwell Health System – Plainview Hospital, Plainview (C) Northwell Health System – Syosset Hospital, Syosset (C) Mercy Medical Center, Rockville Centre (D) Nassau University Medical Center, East Meadow (D) The Leapfrog Group assigns their grades by scoring each hospital on 28 performance measures split between five categories: infections, problems with surgery, practices preventing errors, safety problems, and staffing (doctors, nurses, etc.). All measures chosen are essential to maintaining patient safety, but Leapfrog identifies the following three measures as critical – hand washing, infections in the blood, and patient fall rates. If your hospital does not score well in these areas, you might want to consider switching to another before you need medical care. Why The Grades Matter Not all hospitals are safe. Hospitals are large institutions with thousands of revolving patients and staff. When these facilities allow safety measures to lapse or remain unaddressed, medical errors can spiral out of control. Preventable mistakes caused by negligence can be reduced if hospitals follow safety protocols and preventive measures, but they can’t always do it alone. The Leapfrog Group has been utilizing their hospital grading system to guide medical facilities for almost 20 years. Some hospitals lack the understanding of how to address safety measures, while others are unaware of when their methods have been ineffective. By giving hospitals a letter grade, these facilities have a goal to strive towards. Grading systems help hospitals identify their areas of need to provide the quality care their patients expect and deserve. Help Keep Your Family Safe Until more hospitals and medical centers on Long Island improve their safety measures, patients must learn to advocate for their health. Leapfrog recommends following these three steps to keep you and your loved ones safe during a hospital stay: Learn how to prepare for the hospital: If you know you will be staying in the hospital, learn what to look for. Ask questions about your medications, treatment, and procedures to help check for errors. Talk to your doctor: Don’t be afraid to ask your doctors and about how they respond to medical errors. Ask your doctor to describe the plan if something goes wrong during your procedure. Having a loved one present during these conversations can also be helpful. Review patient resources: Leapfrog provides tons of resources patients can use to take control of their health. Click here for more information on patient resources and tools. New York City and Long Island Medical Malpractice Attorneys At the law firm of Siler & Ingber, our dedicated team has been standing up for the medical rights of patients in New York City and Long Island for over 20 years. We understand the complexity of medical malpractice cases, and the laws associated with the duty of care medical facilities are obligated to provide. If you or a loved one has been injured or died due to medical negligence, our winning team of medical malpractice attorneys is here for support. Contact us today at 1-877-529-4343, or reach out online to schedule an appointment.
Dog Bite Injuries
Dog Bite Season Is Here! Dog bites are not an injury to take lightly. Not only are dog attacks entirely terrifying, but the bites from these incidents can lead to serious injuries and infections. In severe cases, dog bite victims may have to endure years of painful recovery treatments and surgeries. And in the worst cases, victims may not survive long enough to seek treatment for their injuries at all. According to the Center for Disease Control and Prevention (C.D.C.), an estimated 4.7 million dog bites occur in the United States every year- one bite every 75 seconds. Of these attacks, around 800,000 people require medical care for their injuries, sometimes spending hundreds of thousands of dollars on reconstructive surgery that could have been prevented. As the weather continues to get warmer, more dogs will be out in our communities. It’s essential for every Long Island and New York City resident to know the facts when it comes to dog bites, how to prevent them, and what they can do to reduce serious injuries when attacked. Knowing these facts could help save your life or the life of a loved one in the case of a sudden attack. Dog Bites Cause Serious Injuries Around 36 percent of the American population owns at least one dog, creating millions of opportunities for painful and traumatic bites. Despite the belief that dogs only attack when provoked or trained to be dangerous, some dog breeds are more prone too aggressive behaviors than others, and all animals can be unpredictable. Every day, over 1,000 citizens require emergency medical care to treat dog bite injuries, according to DogBite.org. Depending on the depth of the bite, the area of the body bitten, and the age of the victim, a dog bite can cause permanent damage and long-term health consequences patients may never recover from. Dog bites injuries can range from mild to severe, including: skin damage; deep lacerations; scarring; broken or fractured bones; nerve and muscle damage; infections (rabies, tetanus, MRSA, Pasteurella, capnocytophaga); and severed limbs. Infections are one of the most serious risks facing patients who survive the initial attack after a dog bite. At least one in every five dog-bite victims contract an infection, and the results can lead to health conditions far worse than the actual bite itself. Dog Bites Can Be Fatal Sadly, encountering man’s best friend under the wrong set of circumstances could be deadly. Whether it’s from the catastrophic injuries to the body during the dog attack itself, or a secondary infection causing fatal complications, not everyone will survive a dog bite. The statistics do not lie- the breed of a dog does matter. In 2018, there were at least 39 fatalities nationwide resulting from dog bites according to DogBite.org. The breeds responsible for the fatal attacks included pit bulls (26 deaths), mixed-breed (3 deaths), Rottweiler (2), Mastiff/Bullmastiff (2), Dogo Argentino (2), beagle (1), chihuahua (1), German shepherd (1), and wolf-dog hybrid (1). Unsurprisingly, pit bulls made up 72 percent of fatal dog bites last year, even though they only contribute to 7 percent of the U.S. dog population. In a 14-year study of dog bite fatalities between 2005 to 2018, of the 471 Americans killed, pit bulls were responsible for 66 percent of the deaths overall. Here was the breakdown: Pit bull (311 deaths); Rottweiler (47 deaths); German shepherd (20); Mixed-breed (20); Mastiff/Bullmastiff (17); American Bulldog (15); Husky (13); and Combination of 35 dog breeds (less than 9 each). Regardless of how friendly and sweet these dogs can be, there are far too many dangerous pit bulls in our communities not to keep resident on high alert. Dogbite.org reports pit bulls are 2.5 times more likely to bit in anatomical locations, looking to cause significant damage in their attacks and resulting in a high number of fatalities. In addition to being more likely to attack unknown individuals without provocation, pit bulls are more likely than other breeds to attack their owners. Only 2 percent of the inflicted dog bites between 2005 to 2009, rising to 14.7 percent from 2015 to 2018 with the adoption of more rescue pit bulls. Dog packs can also pose a far higher fatality rate for victims than the actions of a single dog. At least 10 out of the 19 deaths related to dog-attacks was the result of up to 7 dogs attacking one human at a time. The breeds of these attacks included pit bulls, pit bull mixes, mixed-breeds, shepherd- mixes, boxer mixes, American bulldog-mix, and Rottweilers. The more dogs someone owns, the higher their risk for dog bites. Adults with two or more dogs are five times more likely to be bitten by dogs, regardless of how well a dog listens or loves their owners and family. Children Are Most At Risk Unfortunately, children are far more likely to get bitten by dogs and sustain fatal and severe injuries compared to adults. In DogBite.org’s annual fatality reports, 15 of the 39 attacks in 2018 and 7 of the 19 attacks in 2019 were children- the youngest only 6-months of age. The most concerning factor with these child attacks is that the dogs biting children are not always strangers. Over half of the dog bite incidents occurred within the home of the victims and involved the pets of their parents or other family members. A study published in the Journal of Otolaryngology-Head and Neck Surgery shows children are at a higher risk of suffering injuries to head, face, and neck in the case of a dog attack, areas which prove to be more fatal in a dog attack. Children are also far less likely to know how to use defense mechanisms in the case of an attack, leaving them open and vulnerable to catastrophic results. What’s The Law New York residents have rights to a safe community without the fear of being mauled by aggressive dogs. Owning a dog is a privilege in the state, not a right, and there are laws that
New York Motorcycle Laws
Whether it’s the convenience of a motorcycle in New York City or the beauty of upstate New York’s scenic roads, we understand your passion for riding. But we also fully understand the legal and safety ramifications of riding a motorcycle amongst other drivers who can become distracted at any moment’s notice, and the Insurance Institute of Highway Safety has conducted a survey concluding that around 4,000 motorcyclists pass away as a result of traffic incidents each year. There’s no doubt about it that the causation of some of these traffic incidents only have the motorcyclists themselves to blame, but other parties also are many times at fault. It’s important to remain as safe as possible while motorcycling throughout New York, and by following all of the motorcycle laws described below you’ll be more knowledgeable and readily protected as you go to all your destinations. If you or a loved one was injured in a motorcycle accident that wasn’t your fault, contact one of our expert attorneys for a free case review so we can help you with insurers in terms of proving who was the true at-fault party for the crash’s occurrence. What’s Needed in Order to Obtain a New York Motorcycle License? The first thing that’s necessary in getting a New York motorcycle license is obtaining a Class MJ, M Class license or Learner’s Permit. In order to get a learner’s permit you must pass a written test that is administered by the New York State DMV in one of their testing centers. A road test is then administered for the individual to get their actual license. Applying for a Motorcycle Learner’s Permit Getting a learner’s permit in New York is relatively easy if you make sure to follow these very easy steps: Study up on New York’s Motorcycle Operator’s Manual so you can be properly prepared for the written test. You can also receive a written copy of the manual from any DMV. Complete a DMV Application for Driver License, or a Non-Driver ID Card Bring proof of identity and age (bring your driver’s license if you have one) Bring $10 for the motorcycle license and application fees The Road Test One thing that’s important to remember about the road test is that a licensed motorcyclist must accompany the person taking the test, and the test examiner must be provided with a car or truck to use while monitoring the test taker. It’s important to note that if you take your road test with a three-wheeled motorcycle then your license will be limited to those types of motorcycles. You don’t necessarily have to take the road test if you have a driver’s license and a motorcycle learner’s permit and then complete a certified educational training course provided by an instructor from the Motorcycle Safety Foundation. Required Protective Gear All motorcyclists and passengers are required to wear approved helmets that abide by the Department of Transportation’s safety standards. Eye protection is also required for all riders, and this eyewear must abide by the safety stipulations of the American National Standard Institute. Additional Required Equipment The following is a list of additional equipment for legal motorcycle transportation in New York: At least one red rear fender Brakes on both wheels produced after 1971 Directional and turn signals produced after 1985 A horn or alternative warning device At least one rearview mirror (two are recommended) A muffler (removable baffles and cutout mufflers are illegal) Handlebar grips less than 15 inches above the driver’s seat Front headlight, rear tail light, stop lamp and license plate lamp Legal Riding Procedures When you consider the fact that about 40% of accidents involve cell phone use, it’s never a bad idea to refine your knowledge of the following laws that have been made in New York to keep motorcyclists safe. Your presence on the road is paramount to keeping you and your loved ones visible amongst distracted drivers. Utilizing Headlights New York law states that motorcyclists must use their daytime headlights at all times, and this law does allow for headlight modulators. Using Footrests When it comes to motorcycle passengers, they too must have proper seating and footrests. Lane Sharing It is legal for motorcyclists to share a lane with one another, but only two motorcycles can ride side-by-side per lane. Lane Splitting Passing by cars in between lanes on dashed lines within slow or stopped traffic is illegal in New York, and the only state that legally allows for this kind of passing is California. This act of moving in between vehicle lanes is also prohibited at higher speeds. Helmets with Speakers Motorcycle helmets are only allowed to have one earphone. Contact a Trusted Motorcycle Injury Lawyer Today If you or a loved one has suffered from any type of motorcycle incident injury and wasn’t responsible for the causation of the accident, then do not hesitate to contact Siler & Ingber, LLP at 877-718-6079 so you can begin conducting a full case evaluation with a group of New York’s most experienced personal injury lawyers.
New York No-Fault Regulations
New York officially became one of 12 no-fault insurance states back in the 1970s, and the main goal for implementing this law was to protect drivers by making sure that insurance companies would cover general costs associated with car accidents no matter who is responsible for the accident’s occurrence. This law helps to expedite the compensation process for people who are injured in car accidents across New York because they won’t necessarily have to dispute who’s at fault before being paid for expenses like medical bills, lost wages and other medical needs associated with the accident. How Much Do No-Fault Laws Cover? Every New York insured vehicle will be provided a maximum of about $50,000 in no-fault coverage for everyone who was within the insured vehicle at the time of the accident. No-fault insurance will help cover up to 80% of an individual’s gross wages that someone may lose because of an accident-induced injury, but the maximum provided ends up being $2,000 per month. No-fault payments are not taxable, which is why the state exempts 20% of an individual’s monthly gross wages. No-fault laws in New York are designed to help people receive compensation from insurance companies for any type of legitimate economic losses, and this often includes hospital and ambulance expenses, prescription drugs, doctor bills, diagnostic tests, physical therapy and lost wages. One of the main things that no-fault laws don’t cover is pain and suffering, which is something an individual would have to make an additional claim for against the at-fault party of the accident. Bodily injury claims are separate and distinct from no-fault claims, and they typically are the result of someone suing another party for their injury on top of pain and suffering. Bodily injury claims have different rules and laws associated with them, including coverage, standards of proof and available compensation from insurance companies. Who’s Eligible for New York’s No-Fault Benefits? You must meet the following criteria to be able to receive New York’s no-fault insurance benefits: Your insurance policy was either sold within New York, or was issued by an insurance provider that is licensed within New York. Your vehicle must be a compact car, truck, bus or taxi. Only the people involved (drivers/passengers) in an insured vehicle receive coverage, including bicyclists and pedestrians struck by an insured vehicle. The accident must take place within New York. The person(s) injured in a crash must be a driver or passenger within an insured vehicle, or a pedestrian/bicyclist struck by an insured vehicle. The insured vehicle needs to be registered within New York. Who’s Not Eligible for No-Fault Insurance? The following are typically not covered by no-fault insurance: Motorcyclists and motorcycle passengers Operators and passengers of scooters or Vespas Those who get in an accident within their vehicle, and don’t have auto insurance. Those with out-of-state insurance policies, or with policies from an insurance provider that isn’t licensed within New York. Drivers who were injured/involved with an accident while under the influence of alcohol or drugs. Filing a No-Fault Claim There are many strict steps that must be followed correctly when filing a no-fault insurance claim. Although the whole purpose of the no-fault law was to help expedite the compensation process, insurance companies have made this entire procedure very difficult by taking advantage of any mistakes a claimant may make in order to deny coverage. This can include very minor mistakes like missing a filing date, a doctor’s appointment, or incorrectly entering out a form. Sometimes insurance providers will even deny claims that are perfectly filled out simply because one of their doctors doesn’t think you require treatment. It’s crucial that everyone adheres to the following steps to avoid being denied benefits: Complete the no-fault application, or NF-2 form, provided from your insurance company. You can also always request this form as well. This form may come from the other party’s insurance carrier. If you were a pedestrian/cyclist struck by a car and you own a car, you can also send this application through your own insurance company. File the application, and make sure you do so within 30 days of the accident’s occurrence. If you fail to meet this strict deadline then your entire application is deemed void. Send the application to the correct insurance provider, and this can include the company of the car that struck yours, your insurance company, or the company associated with the vehicle you were riding in. There are incidents in which some drivers are uncooperative in providing this type of information, which is why you must always call the police and have them file an official accident report. Submit all forms. You also must submit all medical bills and lost wages forms within a timely manner. Medical bills typically must be submitted within 45 days of treatment, and lost wages must be submitted within 90 days of the accident’s occurrence. Why Contact a Lawyer? No-fault laws have dramatically changed into very adversarial insurance disputes, and these rules are regularly changing making it more and more difficult for injured people to comply with every single necessary insurance element. Our team at Siler & Ingber, LLP won’t charge you for handling any no-fault aspects of your case while simultaneously handling your personal injury litigation, and all of us are familiar with no-fault regulations. We understand those subtle nuances of New York insurance companies and can help you navigate through any of their attempts to deny your benefits.
Blood Test For D.U.I.
Blood Drug Tests For Drugged Drivers Could Be Coming! Would you allow a police officer to draw your blood during a traffic stop? In the next year or so, you may not have a choice. Police departments have been relying on breathalyzers to catch intoxicated drivers since the 1940s. But with ten states officially legalizing the recreational use of marijuana, and New York possibly in line to become the 11th, the rules for detecting drivers under the influence behind the wheel are about the change. According to Insurance Journal, D.U.I. police officers in Phoenix, Arizona have begun issuing on the spot blood draws for drivers suspected of operating their vehicles under the influence of marijuana. In a situation that occurred back in January of this year, a driver was pulled over on a Friday night after he was spotted by police speeding and weaving in and out of his lane. The driver failed a field sobriety test but passed the breathalyzer test. When he admitted he had smoked marijuana a few hours before, the officers took the necessary steps to secure a warrant, mandate a blood draw, and obtain a lab report showing his THC levels all within 79 minutes. According to the National Institutes of Health (N.I.H.), an estimated 12.8 million people in the United States drove under the influence of illicit drugs in 2017, some flying entirely under the radar. With New York legislators looking to legalize marijuana by the end of 2019, all residents should be educated on the dangers of driving under the influence of drugs and what methods could be coming down the line to detect these harmful substances. Drugged Driving Is On The Rise One of the most significant stances against legalizing marijuana is the possibility of seeing more drugged drivers on the road. For some states, this possibility has become a reality. A report released last October by the Insurance Institute for Highway Safety (I.I.H.S.) analyzing police crash rates in states that have legalized marijuana found that drug-related traffic accidents are on the rise. The study examined the police-reported crash rates in Colorado, Washington, and Oregon, all states who have legalized the recreational use of marijuana. This is what they found: Colorado: The effect of recreational marijuana legalization increased crash rates by 7.4%. Washington: The effect of recreational marijuana legalization increased crash rates by 3.6%. Oregon: The effect of recreational marijuana legalization increased crash rates by 4.3%. Unfortunately, because there are currently no comprehensive road tests for testing the level of drugs in someone’s body, the true prevalence of drugged driving our nation’s roads is unknown. Other factors according to the N.I.H. that are impeding our ability to collect information on drugged driving include: How long drugs stay in your body: The amount of time that an illicit substance stays in a person’s body can range from days to weeks. Determining when the drug was used is difficult when you factor in each person’s metabolic rate, the type of substance they used, and how often they use the substance. Police don’t always test for drugs: If a driver tests positive for drunk driving, police departments typically do not pursue more testing to determine if there are other substances the driver could have taken in addition to consuming alcohol. They also may only record the presence of alcohol in someone system which could skew the data on drugged driving crash statistics. It’s hard to tell which substance caused the accident: Even if police officers did initiate more drug tests for individuals found guilty of drunk driving, it’s difficult to tell which substances inevitably led to were the someones inability to drive safely. Top Three Drugs Affecting Drivers Drivers under the influence of any substances can have poor judgment and reaction time when behind the wheel of a car, but the N.I.H. lists three specific drugs that are causing most of the drug-related accidents: marijuana, methamphetamine, and opioids. Marijuana Marijuana is the most common substance among drivers who operate their vehicle under the influence of drugs. Available in a variety of different forms, marijuana is easy to get and even easier to take too far, too quickly. Marijuana affects your cognitive functions and psychomotor skills that are critical when it comes to driving. These skills affect the parts of the brain responsible for time and distance perception, drowsiness, vigilance, reaction time, divide attention, lane tracking, and overall coordination and balance. Methamphetamine Drivers under the influence of methamphetamine or cocaine display some of the most dangerous and aggressive behaviors on the road. According to Addiction.com, these drivers are highly likely to speed, swerve, fail to react to traffic signals, tailgate, and perform risky maneuvers in traffic or on congested roads. These substances can also cause a driver to have trouble speaking coherently, sitting upright, and make them more prone to violent road rage. Opioids With the opioid epidemic affecting our entire country, it is not surprising that some drivers would be heavily under the influence of these drugs on the road. According to WebMD, the most popular opioids include codeine, fentanyl, hydrocodone, hydromorphone, meperidine, methadone, morphine, and oxycodone. Whether illegally obtained or prescribed, these drugs most often cause drowsiness and can impair a driver’s cognitive functioning on the road. Should States Start D.U.I. Blood Testing? As of now, blood testing appears to be the wave of the future when it comes to drug testing drivers. Here’s how the process in New York could work if it were modeled after the Phoenix Police Department: Police officers would be trained and certified in drawing blood. In the field, officers would be equipped with a special chair and table for blood testing at traffic stops or D.U.I. checkpoints. If a driver refused a blood draw, officers could file for an electronic warrant for the blood draw via a laptop or electronic device at any time of day. On-call judges would be available to approve warrants in a matter of minutes When a blood sample is collected,
Immigrant Workers In NYC
Immigrant Rights In The Workforce Immigrants are an imperative part of the American workforce and have been for centuries. In 2017, there were at least 28 million immigrants reported in the United States labor force according to the Migration Policy Institute, and over half of them were employed in jobs that could be hazardous for their health. Unfortunately, some employers believe that immigrants do not deserve the same rights as American born workers simply because of their citizenship status. Consequently, immigrant workers may also believe they have no right to speak out regarding unsafe working conditions or to seek legal representation if they are injured due to negligence on the job. Just because an immigrant is employed in a job that is dangerous does not mean they should expect to be injured. It’s important for all New York State and New York City workers to know that they are protected under the law from unsafe and unhealthy work conditions. Spreading awareness regarding the rights of immigrant employees could not only reduce these harmful behaviors but give a voice to a working population that has been severely neglected and taken advantage of in the past. Higher Risk Jobs About 17 percent of the American workforce is made up of immigrants and more come to this country looking for work every day. According to the New York Committee for Occupational Safety and Health (N.Y.C.O.S.H.) the number of migrant workers in the U.S. almost tripled between 1970 to 2017. Because of certain factors such as citizenship status, educational deficits, and language barriers, immigrant workers ages 16 and older tend to be employed in more hazardous and dangerous jobs than American born workers. The Migration Policy Institute illustrates these labor trends between immigrant and American born labor trends in 2017 analysis on the United States labor force: Immigrant Workers: Management, Business, Science and Arts: 33% Service: 23% Sales and Office: 16% Natural Resources, Construction, and Maintenance: 13% Production, Transportation, and Material Moving: 15% American Born Workers: Management, Business, Science and Arts: 39% Service: 17% Sales and Office: 24% Natural Resources, Construction, and Maintenance: 8% Production, Transportation, and Material Moving: 12% The number of immigrant workers in occupations that are more physically demanding and dangerous are significantly higher. Migrant workers were more commonly seen in positions such as construction, roofers, electricians, roofers, carpenters, mechanics, maintenance workers, power-line installers, manufacturing, and farming, where exposed to hazardous materials and machinery was more prevalent. Higher Work Fatality Rates While immigrant workers make up nearly one-fifth of the American workforce, they are involved in almost one-third of annual workplace fatalities. According to an N.Y.C.O.S.H. report examining workplace injury and fatality statistics in the New York State construction industry titled It’s No Accident, there were 196 worker fatalities nationwide in 2012 and 64 of these workers were immigrants. The disproportionate rates of fatalities, as explained by Annual Reviews, is most certainly linked to the higher rates of exposure to several different occupational hazards, including: temperature related illnesses from working outdoors (extreme cold or extreme heat); exposure to pesticides; exposure to hazardous chemicals; physical injuries from repetitive motions, fast-paced work, or heavy lifting; high workplace demands and stress of losing employment; lax safety standards; and workplace abuse by coworkers or supervisors. When taking a look at the causes of these worker fatalities, the N.Y.C.O.S.H. report showed that the immigrant construction deaths were all caused by common workplace accidents in the industry including transportation, slips, trips, and falls, and contact with objects or equipment. These accidents are known for decreasing in numbers when proper safety measures and training are put in place, leading to the belief that immigrant employees are not receiving the same safety precautions their coworkers are to help keep them safe on the job. Unique Occupational Risk Factors Even in a safe working environment, immigrant workers can be at unnecessary put at risk of injuries or adverse health consequences of the workplace. Annual Reviews reports that migrant workers are more likely to face challenges at work such as: Language Barriers: Immigrants who are unable to communicate effectively with their supervisors may not know how to report unsafe working environments or behavior of other employees. Negative Work Culture: Work environments that are segregated between American born and foreign-born workers can create a divide in camaraderie at the workplace. In jobs such as construction where mentoring is extremely important, migrant workers may not receive the same advice and guidance as to their coworkers due to language barriers or prejudice in the workplace. Toxic Political Climate: Immigration is consistently a hot topic in politics and can cause added stress for employees who face discrimination from supervisors, coworkers, customers, or other individuals they interact with at work. While undocumented workers face high risks of hate crimes and discrimination, documented immigrants can receive the same treatment only by assumptions that they could be undocumented. Exploitation: In cases of undocumented workers, some employers take advantage of the fear that these workers will not complain about unsafe working conditions to avoid the possibility of losing their jobs or risking deportation. These employers exploit workers by expecting double the amount of work for little pay and do not put the effort or funds into safety training that could protect their lives on the job. Unfair Wages: Migrant workers who are both documented and undocumented may not stand up for their rights to fair wages. Undocumented workers are two times as likely to experience wage violations than documented workers but both commonly hold back complaints to avoid causing future consequences such as termination from their jobs. Lack of Health Care: Immigrant workers often lack access to health care that they would need in the case of a work accident or injury either due to lack of knowledge or lack of documentation. If injured at work, they may not seek treatment which could lead to significant long-term health conditions or even death. Inadequate Safety Training: Safety training that can protect immigrant workers from occupational injuries may not be
