Cycling Accidents in New York City
Public transportation has been one of the most affected services during the pandemic in New York City. During the peak of the outbreak in the city, subway ridership suffered drastically and fell to 25% of what it used to be. When the city opened up, commuters were still awry of the public transit system and chose to bike instead. Surge in cycling in New York New Yorkers took to new hobbies to get through the pandemic and biking was on top of the list. New cycling enthusiasts sprung up in all boroughs. In fact, the number of cyclists counted this year were the highest ever recorded and here’s data from the DOT to explain it: ~25,000 cyclists crossed the city’s four East River bridges on an average weekday from July through October Weekend bike trips almost doubled this October, when ~ 22,439 people biked over the East River On the Queensboro Bridge, weekday bike trips were up a whopping 56 percent from 2019 Challenges due to the surge While biking is a great way to reduce emissions and definitely has numerous health benefits, the city’s infrastructure is not equipped for this sudden and large surge. Narrow streets and bridges are often overcrowded with bikers and tourists scrambling for space. On the Queensboro Bridge, drivers have access to nine lanes but cyclists only get half of a single lane. The bridges between Manhattan and Brooklyn are also a bottleneck for inter-borough cyclists. For many years, cyclists and street-safety advocacy groups have been spreading awareness about the dangerous conditions for bikers. Their pleas to create more room have fallen on the deaf ears of DOT and Mayor DeBlasio. With the recent resignation of DOT Commissioner, Polly Trottenberg, any positive changes are bound to be further delayed. These delays in scaling up biking infrastructure for the city have not come cheap. The city was forced to settle after an attorney at Kings County District Attorney’s office was thrown off her bike due to a tourist strolling into her bike lane. The victim, Carolea Goldfarb, fractured her arm and required surgery. The settlement was worth $75,000 because the DOT admitted that they were aware of the dangerous conditions on the bridge. Goldfarb’s injury coupled with 22 cyclist deaths as reported by the DOT so far this year, indicate that cyclist conditions are a growing concern in New York City. Currently, Staten Island is the only borough without a bike-share program. In March, they plan to launch a 350 bike program on the North Shore which will only exacerbate the crowding problem. What happens if a biker meets with an accident? Bikers suffering injuries are owed compensation by the city. A personal injury attorney will be able to represent your interests in this situation. Accident attorneys are able to make difficult legal matters much smoother for victims. If you or someone you know have been injured in a biking / cycling accident and need a winning law firm, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Teach Your Teen Driver What To Do After an Accident
You may be excelling at teaching your teen driver how to prevent a motor vehicle accident. But did you know that preparing them for what to do after a collision occurs is equally important? According to the Center for Disease Control and Prevention (C.D.C.), at least 1 in 4 teens will become involved in a motor vehicle accident during the first year of driving. Teens are also three times more likely to become involved in a car accident than drivers in other age groups due to general inexperience on the road. Your teen’s increased risk for accidents makes educating them on the post-collision process even more essential. Insurance companies can and will deny claims that are missing information. Here’s what your family needs to know to avoid a big headache when it comes to submitting an accident claim. What To Do After An Accident Preparing an adult for what to do after an accident is more straightforward than preparing a teen. Teen drivers have little experience with the rules of the road or collecting evidence to file insurance claims. Ensuring you review each step carefully is critical to your claim’s success and reducing your teen’s stress level, especially when serious injuries are involved. Stay Calm Car accidents can be stressful and scary for everyone. The thought of getting into trouble or hurting others can provoke high anxiety. But becoming panicked or defensive towards others involved in the accident can unnecessarily escalate the situation. Teach your teen to stay calm and relaxed after an accident occurs. Car accidents happen every day. Sticking to the following steps of what to do after an accident can reduce stress and confusion. Review the steps often and keep a copy of the step list accessible in the vehicle to use if an accident does occur. Stay Safe Safety is always a priority over vehicle damages. Remind your teens that cars can be replaced, but ensuring they are safe and healthy is the first focus after an accident. Teach your teen to call 911 when injuries are sustained in an accident. If they cannot call but can speak up for themselves, encourage them to seek help from others. For any situation in which your teen loses conciseness in an accident, equipping them with an emergency medical card with pertinent information about allergies or other medical conditions can help medical personnel to provide care. Report The Accident New York law requires all drivers to file a police report when a car accident occurs, regardless of how minimal. Police officers can be intimidating to teen drivers who fear getting in trouble or losing their license. Encourage your teens to think of officers as individuals who are there to help, not to blame. Police officers who make accident reports are providing the information that your insurance company needs to cover damages in an accident properly. If your teen is nervous talking to police, try to role-play what they can say and what information is the most important to provide. Exchange Information Exchanging information after an accident can be one of the most stressful, but necessary, steps to filing an insurance claim. Creating a reminder sheet with all the information drivers should be collecting and providing can be a great tool. This information includes: Name of driver; Address; Telephone number; Insurance policy; and Contact information. If the other driver involved in the accident is not the owner, have your teen also ask for the vehicle owner’s information. If your teen encounters a driver who is not cooperating with the New York State protocol of what to do after a vehicle accident, make sure they provide as much information to police officers when they arrive. Explain to your child how important it is not to apologize after an accident, regardless of fault. Anything and everything your child says after an accident can be used against them, including social media posts. Teach them to be helpful and empathetic without outright taking the blame for any damages that were caused. Keep Personal Records It’s entirely possible to remember specific details about an accident later on that you may not have remembered directly after an accident or vice versa. Provide your teens with a pad of paper and a pen to keep in the car to be able to take notes and keep records of the details after an accident, including: The police officer’s name; Witnesses present; Direct statements from witnesses; Details about the accident; or Citations and statements made by the other driver. Take Photos Thankfully, teens are pretty well versed in taking photos and most often carrying their smartphones. Remind your teen to take photos of the accident scene when it is safe. Do not move anything at the scene. You want to make sure the photos show every detail as it was directly after the accident occurred. Details teens should be focusing on include: Damage to both vehicles; The entire scene for an overview; License plate numbers, and; Injuries sustained. Find out more about how to properly photograph an accident scene here. Call Home A teen’s first reaction after an accident may be to call their parents. However, try to deter them from calling you immediately. Staying present and alert in the aftermath of an accident is important to keeping them safe and gathering the information needed for a future claim. Adequately preparing your teen can negate the need to call you for advice the moment an accident occurs. When it is time to call, your teen should have handled the majority of what is needed to file an accident claim. This is the time to check in to see where they are and what information they still need to gather. Call an Accident Attorney When car accidents are caused by negligence that leads to injuries or significant property damage, insurance companies will only cover so much. Calling to consult with an experienced motor vehicle accident attorney can be essential to navigating the claims process. An accident attorney will provide
What To Know About Mediation and Alternative Resolution Methods
Not all New Yorkers looking to file a personal injury claim will benefit from a lawsuit or litigation proceeding. When common ground cannot be met between two parties, alternative dispute resolution methods can be a useful option to settle outstanding legal issues. Mediation is a standard method of dispute resolution that is facilitated by an attorney called a mediator. A mediator helps to settle legal matters as a neutral party and can draft settlements without bias or commitment to either party. This mediation process allows both parties to express their concerns and have a say in resolving a case. Mediation can be used to settle various legal conflicts in New York State, including disputes with neighbors, tenants and landlords, homeowners, employers, caregivers, or family members. Determining whether mediation is the right step for you starts with understanding the process and benefits. In this blog, we will cover the basics of mediation as an alternative dispute resolution technique to find if this method is right for you. How Does Mediation Work Mediation is an assisted negotiation that does not favor either party over the other. Both parties need to consent to the mediation process before a mediator takes the case. Mediators are not responsible for rendering a decision or choosing sides. It is up to the parties involved to come to an agreement for the mediation to be successful. The mediation process begins with both parties meeting the chosen mediator to discuss the resolution goal(s). The mediator will generally cover the issues surrounding the party dispute and identify the central issues to prioritize throughout the process. Some instances require a mediator to meet with parties separately. These meetings are called caucuses, and information discussed is help entirely confidential from the other party. The role of a mediator, other than guiding a dispute resolution, is to raise doubts and the validity of each side’s argument. This process prepares the disputants with the facts surrounding their current standing and a perspective of how the dispute would be viewed if elevated to an adjudicatory hearing. Benefits of Mediation vs. Litigation In addition to working with a neutral party, mediation comes with several benefits compared to lawsuits and litigations. The advantages highlighted by the New York Department of Environmental Conservation include: Avoiding court delays; Eliminating future costs; Remaining confidential; Identifying underlying issues; Enabling parties to resolve long-standing issues mutually; Promoting problem-solving techniques; and Avoids an uncertain outcome compared to formal adjudication. Mediation can become an alternative dispute strategy at most stages of the legal process. Plaintiffs currently involved in a lawsuit or litigation proceeding may choose to go with mediation to resolve an issue more quickly without the risk of a negative outcome in court. When Mediation Is Not Appropriate Not every claim will be appropriate for settling through mediation. Examples of when legal conflicts may not be appropriate include: One of the party members suffers from a mental disability, brain injury, or substance-abuse problem that impairs decision-making; A plaintiff’s case is to clarify violation of the law and requires a judicial determination; A plaintiff is seeking punitive damages; A defendant is subject to frequent lawsuits; If the defendant is accused of criminal acts, physical abuse, or sexual abuse; and A case involves more than one person who has been victimized or harmed by the defendant’s actions. Standards of a Mediator According to the New York State Unified Court System, mediators in New York State are held to a high standard in their role. The code of conduct mediators in NYS must demonstrate include: Self Determination: A mediator shall conduct a mediation in a manner that supports the principle of party self- determination as to both process and outcome; Impartiality: A mediator shall conduct a mediation in an impartial manner and shall avoid conduct that gives the appearance of partiality toward or prejudice against a party. A mediator shall accept for mediation only those matters in which the mediator can remain impartial; Conflicts of Interest: A mediator shall avoid the appearance of a conflict of interest before, during, and after a mediation either by disclosing the conflict or withdrawing from the process; Competence: A mediator shall mediate only when the mediator has the necessary competence to satisfy the reasonable expectations of the parties and the sponsoring organization for which she or he mediates; Confidentiality: A mediator shall maintain the confidentiality of all information obtained by the mediator during mediation, including information obtained from the parties, non-party participants, or documents shown to the mediator, with the exception of any allegation of child abuse; Quality of the Process: A mediator shall conduct a quality mediation process that is consistent with the Standards of Conduct found here; Advertising and Solicitation: A mediator shall be truthful and not misleading when advertising, soliciting, or otherwise communicating his or her qualifications, experience, and range of available professional services; and Responsibilities to the Mediation Profession: A mediator shall act in a manner that enhances the mediation profession’s growth and quality. How to Start Mediation There are two initial steps to mediation that must take place before the process can begin: getting the other party to the table and choosing a mediator. If you are considering mediation but have doubts about the other party’s openness to the process, start with reviewing the advantages and the benefits to both sides. No one wants to go into litigation or a lawsuit, knowing they will come out with nothing. Mediation can be an excellent resource for plaintiffs to seek the justice they deserve without the risk of bad resolution. Once both parties have agreed to mediation, the next step is finding the best mediator. Not all attorneys who provide mediation services are qualified or successful. Make sure to look for an attorney who has experience with mediation in the area of law you require. These professionals will be the most efficient in their ability to meet all standards required of mediators in NYS. They will possess a history of positive results and successful reviews from
Hearing Loss: The Work Injury You Can’t Ignore
Hearing loss is the third most common chronic health condition reported by adults in America. While some of these instances are the natural consequences of aging, the Center For Disease Control and Prevention (C.D.C.) attributes at least 24 percent of hearing loss cases to occupational injuries and exposure. Over 22 million workers could be damaging their hearing on the job every day. Hearing loss on any level can significantly decrease a person’s quality of life and put workers at an increased risk for work-related injuries. Occupational hearing loss is often seen in high-risk industries with elevated levels of noise and chemical exposure. When these workers cannot detect audible hazards or safely communicate with coworkers, catastrophic and fatal accidents can occur. At Siler & Ingber, our team has seen firsthand the devastation and global implications a hearing impairment can have on workers and their families. Employers and site managers have an obligation to protect everyone’s hearing on the job site and limit exposure to hazards that could harm workers. If you or a loved one has sustained a hearing impairment due to a work accident or occupational hazard, these are the facts you need to know. Workers Most At Risk Past studies have found that construction and manufacturing jobs pose some of the highest risks for hearing loss compared to any other industries. According to a ten-year study by the C.D.C., mining was the only other industry resulting in a higher prevalence. In a report published by the Center for Construction Research and Training, specific jobs across these industries with the highest number of hearing-related injuries include: Ironworkers; Welders; Millwrights; Boilermakers; Carpenters; Sheet metal workers; Brick masons; Operating engineer; Plumbers; Truck drivers; Electricians; General laborers; and Roofers and insulation workers. Common Causes of Occupational Hearing Loss As defined by Mayo Clinic, hearing loss occurs when damage is sustained to the inner hairs, nerve cells, or the inner ear and eardrum. For workers exposed to construction and manufacturing work, hearing loss generally occurs from expose to elevated noise levels, ototoxic chemicals, or physical trauma caused by a direct hit to the ear. Both of these factors can lead to multiple levels of hearing loss when exceeding healthy levels. Noise Level Noise exposure is the leading cause of hearing loss in the construction industry. In 2017, the C.D.C reported that nearly 50 percent of construction workers were classified as working in environments with noise levels exceeding the healthy amount. In these instances, even hearing protection will not be effective in preventing hearing loss or injuries. When the ears are exposed to elevated levels of noises, particularly sudden loud blasts, the sudden pressure change can cause the eardrum to rupture. Long-term exposure to loud noises can also result in hearing loss involving gradual damage to the inner ear cells. Worksites are expected to monitor the levels of noise exposure by adhering to the Occupational Safety and Health Administration’s (O.S.H.A.) standards. Employers who work in high-risk industries for hearing loss must implement a hearing conservation program with noise exposure at or below 85 decibels for no longer than eight hours a day. This level is equivalent to the sound that resonates from heavy traffic, an air conditioner, or a power lawnmower. Ototoxic Chemicals At least 10 million workers in the United States are exposed to ototoxic chemicals at work that could lead to hearing loss. Ototoxic chemicals are substances classified as neurotoxicants, cochleotoxicants, or vestibulotoxicants that are poisonous to the ear when exposed. O.S.H.A. studies have shown these products can damage the inner ear and the neurological pathways leading to occupational hearing loss. Ototoxic chemicals commonly found in construction include solvents, metals, nitriles, asphyxiants, and pharmaceuticals. These chemicals can make workers even more susceptible to loud noises, posing a higher risk for hearing damage if both hazards are present on the job. Ear Trauma Occupational accidents that involve a strike or blow to the head can also result in hearing loss. According to The Center For ENT, hearing loss is a common symptom reported by individuals diagnosed with traumatic brain injuries, such as concussions. Medical experts report that concussion victims often show signs of damage to the bones in the middle ear, inner ear, and cochlea after head trauma. Additionally, severe injuries can result in damages to the receptors that lead to the brain that allow us to interrupt and process sound. Construction and manufacturing employees work with heavy machinery and tools that can cause significant injury to the ears when striking a worker directly in the head. Common accidents that occur on worksites leading to trauma-related hearing loss include debris falling from the top of structures, flying tools, forklift accidents, beam accidents, or head injuries caused by fall hazards. Signs and Symptoms of Hearing Loss Signs of hearing loss may vary depending on the type of damage a worker experiences. Some hearing impairments begin small and gradually become worse over time. Impairments related to injuries or trauma typically result in instant damage. Signs workers should be looking out for to indicate occupational hearing loss include: Difficulty understanding others in noisy environments; Difficulty understanding others in quiet environments or over the phone; Muffled speech; Consistent ringing in the ears (daily or weekly); Trouble hearing consonants; Requiring high volume levels on T.V. and radio; and The need to withdraw from conversations. Six Stages of Occupation Hearing Loss Workers diagnosed with occupational hearing loss can experience a range of symptoms depending on the severity of the damage. The C.D.C. categorizes hearing loss into six different stages to illustrate levels of impairment: Stage 1 (Mild)– difficulty understanding and hearing people talk in a noisy place with occasional ringing in the ears. Stage 2 (Moderate)– difficulty understanding and hearing people talk in a quiet place or on the phone with frequent ringing in ears lasting for five minutes. Stage 3 (Moderately Severe)– difficulty understanding and hearing people talk in a quiet place or on the phone without a hearing device with daily ringing in the ear for at
How to Get Back to School During a Pandemic
With the start of classes only two weeks away, Long Island parents and schools are feeling the mounting stress of planning for back to school in a post-pandemic world. On August 7, Governor Andrew Cuomo gave all New York schools approval to continue in-person classes this September. According to the press release, COVID-19 infection rates statewide have measured below the threshold in every region. Health officials believe these trends inspire hope that the safety measures we have been implementing are effective and predict these same measures applied in a school environment could result in similar effects. In light of Governor Cuomo’s approval, schools across Long Island have been scrambling to submit reopening plans in line with both the safety measures required of the state and the wishes of the school community they serve. It has not been an easy task. The reopening plans must consider multiple factors, including building capacity, students’ needs, the number of staff, and parental concerns, which differ significantly from district to district. Mineola Public School District announced their reopening plan on July 31, inviting students back for in-person daily learning five days a week with new COVID-19 safety protocols. These safety measures include: Requiring in-person students to participate in cohort learning; Restricting cohort group sizes to 14-22 students for elementary school classes, 15-22 students for middle school classes, and 22-27 students for high school classes depending on space available; Requiring masks to be worn in all areas where 6-ft social distance cannot be maintained; Requiring all students to stay with the designated cohort teacher except for special areas such as gym or art. Those teachers will push in; Scheduling elementary students to eat lunch in classrooms while middle and high school students will be allowed to eat in cafeterias or outdoor spaces at a 75% reduced capacity in 20-minute shifts, maintaining social distancing at all times; Allowing outdoor recess to be provided daily with additional opportunities for cohorts to go outside; and Disinfecting all buildings and classrooms daily with frequent multiple cleanings of high traffic areas. Other districts, such as Riverhead Public Schools, do not have the building capacity to allow all students to attend in-person classes at the same time. The district unveiled their plan to teach a hybrid model for the upcoming year, implementing both in-person learnings in cohort style classrooms and remote learning at home. Regardless of what type of learning model your child will be participating in this fall, safety education beginning at home is the key to a successful school year. There are several topics parents can review with their children that can be applied across all spectrums and can prepare your child for any situation they may encounter in school or in the community. Know the Learning Models Parents can expect to see three types of learning models roll out with the 2020-2021 school year. Long Island COVID-19 trends in Suffolk and Nassau counties will ultimately determine when and how these models will change throughout the year. However, each model’s basics can help parents prepare their students for safety in all learning areas. In-Person: Students attend class at school with a teacher, most likely in cohort style classes that list the number of students and teachers exposed to a group. Hybrid: Students may attend in-person courses two to three days a week and complete the remainder of class instruction through live-online lessons or remote assignments. Remote: Students will complete all classwork from home via online resources, individual assignments, live-classes, or packets of information picked up by students/parents before the start of classes. In lieu of public education, an increased number of New York families have been opted for homeschooling and private tutors this fall. According to Newsday, fears surrounding safety, dissatisfaction with distance learning, and concerns of gaps in education are fueling demand for homeschool resources to provide parents with more control over their child’s education and health. Reviewing the learning models with your child can help them to understand what safety responsibilities are expected of them, even when learning from home. Determine the times of the school day your child is most at risk for exposure and practice the daily safety measures required of them by the school and your community frequently. For guidance on how to practice, Safe Kids Worldwide as several kid-friendly resources that can help. How To Keep Kids Safe As health and safety advocates, our team at Siler & Ingber wishes everyone a safe and happy start to the new school year. It takes everyone to help reduce the chance of a secondary outbreak of COVID-19 on Long Island, including children of all ages. Help your child understand their power in reducing this unpredictable virus’s spread by reviewing the best safety practices for prevention below: Personal Screenings: Parents should encourage their children to frequently discuss their health and help them identify when they do not feel well enough to attend school. Start with reviewing how to identify the signs of COVID-19 as defined by the Center for Disease Control and Prevention (C.D.C.) to ensure your family is aware of the symptoms if they arise. Masks: All students who attend in-person classes must wear masks and face coverings in school that completely cover the nose and mouth while inside of the building. Talk to your child about the importance of wearing a mask to keep others safe. Ensure they can take their mask on and off independently and create a plan for switching out masks if one becomes dirty or wet. Social Distancing: Practice social distancing with your children at home to prepare them for the new norm at school and on the bus. Being in a familiar environment with friends can cause children to revert to their typical methods of engaging with peers. Here are some tips for practicing at home. Transportation: If your child is riding the bus to school, review the importance of following the new and old safety rules of being a passenger. Encourage children to wear seatbelts (if available), keep
Common Causes of Summer Accidents in NY
Summer is inevitably one of the most exciting yet, dangerous seasons of the year. Studies by Pew Research Center show visits to the emergency room during the summer months increase by up to 27 percent annually, with the weeks surrounding the July Fourth holiday showing the largest spikes in severe injuries. Despite the typical bumps and bruises associated with summer break, not all injury victims are lucky enough to experience minor damages. Injuries from summer accidents can include amputations, traumatic brain injuries, spinal cord fractures, severe burns, and other catastrophic damages that, sadly, include death. The implications of these injuries can result in excruciating pain and reduced quality of life, with thousands of dollars in medical bills and long-term treatments to follow. Preventing summer injuries in New York City and on Long Island starts with knowing how these accidents occur. As safety and health advocates, our team believes in the power of educating residents on the tools required to keep their families safe throughout these hectic months. The following are the most common causes of summer accidents and what steps New Yorkers can take to reduce their risk of injuries. Vehicle Accidents It comes as no surprise that motor vehicle accidents remain one of the leading causes of injury and fatalities in the summer. The National Highway Traffic Safety Administration (N.H.T.S.A) reports that drivers are at a higher risk for traffic accidents in the warmer months than at any other time of the year. Over 9,050 fatal accidents were reported in 2018 alone, occurring only between the months of June through August. In addition to more traffic congestion and driving distractions, the summer months bring a swarm of new and inexperienced drivers on the road. Between Memorial Day and Labor Day, otherwise known as the 100 Deadliest Days, teens account for a surprising amount of fatal accidents, averaging around 700 fatalities per season. Most of these tragedies result from inexperience, speeding, distractions, intoxication, and neglecting to wear seatbelts in a vehicle. Off-roading motor vehicles, such as dirt bikes and ATV’s, are also more commonly used in the summer months and can cause traumatic injuries when things go wrong. These vehicles operate on rough terrain and provide zero protection to riders in the case of an accident. Rollover accidents and collisions that occur at high speed are known to cause the most damage. Drivers of any motor vehicle this summer can drastically reduce their risk of an accident by adhering to simple safe driving tips, including: Drive sober and without the influence of drugs; Reduce distractions inside the vehicle; Stay alert to hazards on the road; Keep speeds low to gain better control; Reduce the amount of nighttime driving hours; Never drive fatigued or drowsy; Avoid pulling aggressive and reckless maneuvers; and Keep your vehicle in good working condition to avoid dangerous malfunctions. Water Accidents Water-related accidents in the summer are often devastating. Drowning is the most serious of all accidents in the water and a leading cause of death for children in the summer. According to the drowning advocacy group End Drowning Now, over 24,000 Americans have died from drowning accidents between 2009 and 2018. New York was ranked the fourth highest state for drowning accidents with 907 on record during this time period, preceded only by California (1,810), Texas (1.857), and Florida (1,945). When breaking down where drowning accidents occurred the most, 21.3 percent were in pools, 25.9 percent in lakes, 27.2 percent in rivers, and 10.4 percent in the oceans. Alcohol use, neglecting to wear a life jacket, boat accidents, rough water, and lack of supervision are the leading causes of why these tragic accidents continue today. Drownings are 100 percent preventable when the proper precautions are used on the water. Staying sober and alert when swimming with young children is crucial to preventing youth drownings. Supervision is key, and many water accidents involving children can be prevented when an adult is watching close by. Adults who boat or use personal watercrafts should always drive sober and never drive at night or alone. Wearing a life jacket can immensely increase your survival rate in the case of an accident on the water when even the best swimmers can fall victim to drowning. Weather-Related Injuries The summer heat can take a major toll on the human body. Weather-related injuries in the summer pertain to any injury or illness that onsets due to factors that are unique to summer. Some of these may include: Sunburns; Dehydration; Heat illnesses; Firework injuries; Food poisonings; and Bug bites. While some of these injuries may not seem as severe compared to a broken bone or traumatic brain injury, most of these incidents result in multiple fatal injuries every year. Heat illnesses, particularly heatstroke, can lead to life-threatening health consequences when extreme temperatures are present. Athletes, outdoor workers, children, older adults, and residents with compromised immune systems are all considered high-risk for experiencing the severe effects associate with heat illnesses. And with the presence of COVID-19 this summer, the outcomes of heat illnesses on those who have been exposed to the virus are unknown. The Centers for Disease Prevention and Control (C.D.C.) advises all Americans to familiarize themselves with the signs and symptoms of heat illnesses to reduce the chance of severe outcomes. New Yorkers can take several steps to help prevent the onset of heat illnesses, including taking cold showers after being in the heat, wearing light clothing, putting on sun protection, staying in the shade, drinking plenty of water, and resting often when temperatures are high. Sports Injuries Between practice, training camps, and seasonal competitions, summer is the season for athletes to give it all they got. The increase in outdoor and indoor sports already puts athletes at an increased risk for injuries. Adding in the summer heat and extreme fatigue from overworking, and you have the perfect recipe for summer sports injuries to occur. Sports injuries can range in severity depending on the sport and level of contact. According to a
Can a Bar Be Liable for A Drunk Driving Accident?
Motor vehicle accidents caused by drunk drivers are nothing short of reckless. These preventable collisions can result in catastrophic injuries and wrongful death. But what New York and Long Island accident victims may not realize is that drunk drivers may not be the only ones responsible for your injuries. Bars and restaurants who serve alcohol have a responsibility under New York’s Dram Shop Act to promote public safety by not over-serving alcohol to customers. Establishments that are found providing patrons with copious amounts of alcohol, in addition to allowing them to drive home, can be equally as liable for the negligent acts a drunk driver commits on the road, particularly when they result in injuries. As safety and health advocates, our team at Siler & Ingber believes in the power of understanding your rights when you are injured in an accident. In this blog, we aim to provide information you can use to identify when a bar or other third party should be held liable for your accident and how to file a claim for damages sustained. What Are Dram Shop Laws People who are intoxicated are known for making poor decisions. This includes when it is time to stop drinking or when it might not be safe to drive. Bars and restaurants, on the other hand, base their income on how many drinks their customers order: the more they sell, the more they make. This often leaves little incentive to turn down the prospect of a profit, even if the customer appears inebriated. Dram shop laws were initiated to hold bars, businesses, and other third-party participants accountable for providing alcoholic beverages to individuals who committed negligence because of intoxication. If a customer is too intoxicated to know they should be cut off, yet a bartender continues to serve to make a profit, dram shop law can hold these actions accountable if there is a subsequent accident that results in damages to the customer or others. The name dram law originated from the historical measuring unit of alcohol, the dram. According to Encyclopedia Britannica, a dram is considered a small unit, about one-eighth of an ounce, otherwise equivalent to the average sip. Dram shop claims have become highly prevalent throughout New York in the past few years, and 2020 could be heading for a record. With a surge in alcohol consumption sparked by months of coronavirus-related quarantines and an uptick in uncontrollable outdoor bars, we may see more dram shop cases come through the courts than ever before. When A Bar Can Be Held Liable Under Dram Shop Law Bars are not always at fault when a customer chooses to drink and drive. Legally, beverage vendors and social hosts in New York are not considered liable for providing alcohol to someone of or over the legal drinking age. If a driver is of legal drinking age does not show signs of being visibly drunk, it is not the bar’s responsibility to test their sobriety or watch to ensure someone else is driving home. Where dram shop laws come into play is when examining at what capacity the drunk driver was served. Under the NY Dram Shop Act 11-100 and 11-101, the law states, “No person shall sell, deliver or give away or cause or permit or procured to be sold, delivered or given away any alcoholic beverages to (1) Any person, actually or apparently, under 21 years and (2) any visibly intoxicated person.” When bars commit these two offenses, that is when the legal repercussions begin. Underage Drinkers Bars, restaurants, and third-party providers who knowingly procure alcohol for minors can incur significant fines and possibly lose their liquor license depending on the number of violations. Checking ID and turning away fraudulent identification is the first step to weeding out underage drinkers and establishments who Bars and restaurants neglect are most at risk for trouble. Visible Intoxicated To identify someone as visibly intoxicated, it can take multiple pieces of evidence to back a claim. These often include testimony from witnesses at the bar or experts in court who can confirm they say the drunk driver display the typical signs of intoxication, including: lack of physical coordination; slurred speech; bloodshot eyes; memory loss; crude behavior; and multiple drinks in a short period. How To File A Dram Shop Claim For an establishment or third-party provider to be held legally liable after a drunk driving accident, a plaintiff must be able to prove the following under the New York Dram Shop Act: the plaintiff suffered injury or damages as the result of the actions of an intoxicated individual; the defendant served alcohol to the intoxicated person who caused the damages or injury; and the defendant, therefore, contributed to the further intoxication of the individual. These three requirements are crucial to a successful dram shop claim. Without evidence to support these stipulations, a plaintiff may only be able to sue the drunk driver for damages after an accident. Finding evidence to support your claim is not an easy task. If you believe you have a case, contact a personal injury lawyer who is experienced directly in dram shop claims. These attorneys have access to professional resources and investigation techniques you need to help get you back on your feet after an accident. New York City and Long Island Accident Attorneys Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using past experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured in an accident due to the negligence of another, our team at
SILER AND INGBER LLP PARTNERS NAMED 2020 SUPER LAWYERS
Siler & Ingber LLP is proud to announce that partners Ronald D. Ingber and Jeffrey B. Siler have been named among the 2020 New York Metro Super Lawyers. The recognition of Super Lawyers is not easily obtained. Super Lawyers selects attorneys using a patented selection process that involves peer nominations, independent research and peer evaluations. They highlight outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Of all the registered attorneys in New York State, only 5% are chosen for a Super Lawyers honor. We congratulate Ron and Jeffrey on this notable and noteworthy achievement.
Here’s How to Get a Refund on Your Auto Insurance
Hundreds of New Yorkers every year no longer feel the need to keep their vehicles. Typically, drivers will stop driving due to a job change, personal injury or work accident, or the decision to bike, walk, or use public transit more often if they live in New York City or on Long Island. However, in the wake of the coronavirus pandemic, when thousands of non-essential workers are still working remotely from home, even more drivers are deciding to hang up the keys. According to the New York State Novel Coronavirus Work Guidelines, businesses that are able to allow their employees to work remotely should continue to do so to help reduce unnecessary exposure. As a result, most remote workers have been left without a need for a personal vehicle if they are only staying local within the City and metro areas. For whatever the reason, if you or someone registered on your insurance policy are no longer driving your vehicle, it may be time to call and cancel your plan. Canceling your auto insurance before it expires may qualify you for a much-needed refund. In this article, we will cover the types of refunds you could be eligible for, and the common pitfalls to avoid that will cost you more than you planned. When NY Drivers Qualify for A Refund To receive any type of refund from your auto insurance company, you must either officially cancel your plan or make significant changes to the policy that reduce a monthly premium paid in advance. For example, drivers may receive a refund for making changes to their plan, including: Canceling a plan; Removing a vehicle from a policy; Changing coverage to another insurance company; Removing a driver from your plan; Selling a vehicle on a policy; or Moving to an area with a lower-risk of vehicle accidents. Anytime you are no longer using a vehicle for the purpose in which it is insured, it’s crucial to contact your insurance company to see what negotiations can be made to reduce the monthly premium. Canceling a policy directly often results in the largest refund, but drivers should be certain they will not need insurance going forward before making this decision. How to Secure an Auto Insurance Refund The type and amount of the refund you receive when canceling an auto insurance policy will depend on two main factors: your payment schedule and your premium amount. Insurance customers who pay in full or monthly may both qualify for a refund that is calculated differently based on your specific plan. If your insurance company pro-rates your refund (calculates in only un-used days of your policy upon the time you cancel), this would further reduce the amount depending on when you forfeit the policy. Be aware that if you plan to keep your auto insurance but are simply making changes to your plan that lessen the monthly premium, insurance companies will often post a credit to your plan instead of a refund. Contact your insurance company directly to address this concern before making any changes. Refunds for Premiums Paid In Full Insurers who pay the full annual amount owed for their policy upfront are typically entitled to the largest refunds when an auto insurance policy is canceled. The amount of these refunds will vary depending on how far in advance you have paid your policy, and at what point in the payment schedule you made the decision to cancel. Refunds for Premiums Paid Monthly Drivers who pay their auto insurance premiums monthly may receive a lower refund when canceling a policy mid-term since they pay smaller increments more frequently. Refunds may include either a portion of the monthly premium or the full monthly amount depending on your insurance company. Canceling your auto-insurance plan mid-billing cycle provides you the best chance of retaining an ample refund for prepaid premiums. When and How Are Auto Insurance Refunds Received Every auto insurance company has a different policy for issuing refunds to customers who cancel or change their plans. Most companies do not issue refunds less than ten business days of when the plan was adjusted. Unless your company informs you otherwise, drivers can expect to wait up to two-weeks for refund checks issued through the mail, possibly less if the refund is set up through EFT payments. The method you use to pay your premium is a good indicator of how you will receive your refund. If you are set up with automatic withdrawals, your refund may be directly deposited back into your account. Confirming these details upon canceling your plan is the best way to payment avoid confusion. State Penalties for Canceling Auto Insurance in NY Auto insurance companies are required by New York State to notify the Department of Motor Vehicles electronically under the conditions that your insurance coverage is canceled, reinstated, or changed to a new plan. Unfortunately, this process does not always happen the way it should. If your auto insurance company does not meet these requirements, the DMV will send you a letter requiring proof for the following: that you still have insurance coverage; that you sold the vehicle; and that insurance coverage was not required in New York State. If these steps are not followed, the state can suspend your registration and your Canceling your auto-insurance plans mid-billing cycle provides you the best chance of retaining an ample refund for prepaid premiums for the following month. . If a driver wants the option to drive later on or rent a vehicle, having a suspended license could cause major problems. When to Cancel Your NY Auto Insurance Plan There are several reasons for why a vehicle owner may choose to cancel their New York State auto insurance, the most popular including: Choosing to stop driving; Moving out of state; Selling a vehicle; and Changing auto insurance plans. Canceling your auto insurance plan at the wrong time is the most common mistake policy owners can make when it comes to requesting a refund. It’s not
How to Get a NY Accident Report
An accident report can be a crucial piece of evidence when it comes to seeking compensation after a motor vehicle accident. Filing an accident report can help illustrate liability, document the severity of injuries, and provide an account of overall damages sustained in a collision. While insurance companies routinely obtain copies of accident reports to process insurance claims, New York drivers who are filing personal injury claims may also need to request copies of these reports to support their case. Accessing accident reports is not a complicated process. However, how you obtain these documents can differ based on where your accident took place, the type of officer who filed the report, and the format you require the report to be in. What Is An Accident Report New York State Vehicle and Traffic law requires all drivers to file an accident report, titled Report of Motor Vehicle Accident (MV-104), after becoming involved in an accident exceeding more than $1,000 in damages. An MV-104 must be filed within 10 days of the accident occurring and contains pertinent information to the success of a personal injury case, including: Contact information for all parties involved in an accident (drivers and witnesses); Time, date, and location of an accident; Amount and severity of damages; Statements; Conditions of weather and road during the accident; Visual aids to illustrate the accident; Citations issued or laws broken; and Police comments and observations. Guidelines for Obtaining Accident Reports The process for obtaining a certified copy of an MV-104 report will depend on the location of the incident and Office of Jurisdiction who filed the report. According to the New York State Police website regarding collisions, drivers can use the following information to request accident reports for personal use: NYS Thruway Accidents: Requests for car accident reports occurring on the NYS Thruway and subsidiary arterials must be submitted to the New York State Thruway Authority by means of completing form TA-W4310. This form can be found online and includes collisions on I-87 South of Albany, I-90 West of Albany & the Berkshire Spur East of Albany, and the I-190 and Westchester County portions of both I-287 & I-95. Non-Thruway Accidents: Police reports filed by New York State Police officers on roads and highways, not including the NYS Thruway, must be requested through the NYS Department of Motor Vehicles by filling out form MV-198C. Accidents Investigated by Other Agencies: Police reports that are filed by local police departments as opposed to NYS troopers may follow different guidelines for requesting copies of MV-104 reports. To request a report, contact the police department located in the jurisdiction where your accident occurred to receive further instruction. Reports submitted electronically to the DMV by New York State Police or local departments are generally available for request within 30 days of submitting. However, drivers must be aware that not all agencies submit accident reports electronically. Some reports may take up to six weeks to become available for request and may require multiple follow-ups in order to obtain. Obtaining Accident Reports Through The DMV The New York State DMV website maintains copies of most filed MV-104 reports for up to four years from the date of an accident. To order a report, drivers must possess the plate number of a vehicle involved in the accident, the driver license number of a person involved, and/or the 8-digit DMV case number. Before paying to submit an official request, it’s important to first perform a free limited search to see if your report is available. Interested parties can then request an immediate download of a certified copy or a hardcopy to be mailed. Fees associated with these services include: Online Download: $7.00 search fee and $15.00 report fee for each report. Mail Request: $10.00 search fee and $15.00 report fee for each report. Drivers who are looking to access accident reports made by other drivers in an accident can follow the same steps above to obtaining these documents. Any reports that are unavailable via an online DMV search or through contacting local jurisdictions may require additional investigative measures to access depending on the variable of your accident. New York City and Long Island Accident Attorneys Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using past experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less. If you or a loved one has been injured in an accident due to the negligence of another, our team at Siler & Ingber is here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome. 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.
