Michael J. Gaffney Attorney at Law
1164 Victory Blvd., Staten Island, NY
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Staten Island Personal Injury Law Blog

Riding a motorcycle in winter? Be extra cautious

Since you live near the city, you don't have a normal passenger vehicle to get around. You've always had a smaller motorcycle, and it's what you like to use.

Colder weather makes it hard to find days when you can ride your motorcycle, but when a warm day crops up in the winter, you hop on and go out. Unfortunately, not all drivers in New York expect to see a motorcyclist on the road in winter.

Major malpractice cases draw attention to New York

There are many medical malpractice lawsuits currently in courts throughout New York and the rest of America. For example, there is currently a class-action lawsuit against New York's health system due to a phishing attack the led to the leaking of protected health information.

Another major case that is currently in the court system is against Albany Medical Center, who is accused of federal and human trafficking law violations. Both of these cases are shocking, and they are malpractice just as much as a person being hurt by a surgeon or medical provider's errors. Issues with patient and staff security can lead to malpractice cases and have to be taken seriously.

If a driver hits you, then they need to be held accountable

There's never a day when a person starts out thinking, "I'm going to get hurt today." You probably thought today was just like any other when you got into your car. Unfortunately, the trip to work didn't go as planned, and a driver who was texting on their way to school crashed into your tail end at a local stop light.

The crash itself was at a relatively low speed, but the other vehicle pushed yours into the intersection. That led to a second collision that resulted in your driver's side door taking the brunt of the damage. You have a concussion, multiple broken ribs and other injuries that have left you completely unable to care for yourself or even consider leaving the hospital as a result.

The rise in pedestrian accidents and New York City's future plans

Modern life offers us so many conveniences. Advancements in technology have changed how people get around day to day. However, not every part of these changes is positive.

If you have lived here in Staten Island, or any part of New York City, for very long, you have probably made use of mass transit in some form. Multiple choices for mass transit have reduced the number of traffic fatalities for several years now. However, experts say that 2019 is the first year that showed a rise in fatal traffic accidents, specifically pedestrian accidents. Why is this happening and what can be done to stop it?

Multiple people killed, injured in a single day as pedestrians

Pedestrian injuries and deaths are serious incidents, and they have seen an uptick in New York recently. Just since the first of the year, four pedestrians have been killed in New York City.

Two people were killed in the latest incident when a 68-year-old woman and 10-year-old child were hit in two separate pedestrian crashes. In the case of the child, he and his mother were struck when a sanitation truck pulled out of a driveway and made a right turn onto 57th Avenue. They were both rushed to the hospital, but the little boy did not survive. The boy's mother was in critical condition, but her family did state that her condition was improving later that day. The child's mother reportedly told family friends that they were in a crosswalk when the tragic accident occurred.

Pedestrian accidents spur truck crackdown in New York

As the number of pedestrian accidents with injuries and fatalities has risen, the dangers pedestrians face in New York City have been a prominent concern. Law enforcement and legislators are seeking methods to make the roads safer for pedestrians. Statistically, vehicles that pose the biggest risk for pedestrians are SUVs and trucks. With that, law enforcement is stepping up its efforts to cite these vehicles for illegal behaviors that put pedestrians in jeopardy.

Within two days, there were six fatal pedestrian accidents in New York. Four of the people who died were hit by a truck. After that, law enforcement began ticketing truckers. The latest numbers show that 46 percent of fatal accidents involved SUVs and trucks. This is an increase from 2013 to 2017 when it was 40 percent. Larger vehicles are known to have a higher chance of fatal pedestrian accidents than smaller vehicles. When gas prices are reduced and the economy is in good shape, more of these vehicles are on the road raising the chance of these crashes occurring.

Distracted drivers may come from familiarity with advanced tech

In New York and across the nation, distracted driving is a continuing problem that causes injuries with accidents and fatalities. At first glance, people will associate being a distracted driver with texting and driving and activities with cellphones. However, there are other factors that can lead to drivers being distracted. Ironically, one that is becoming more prevalent might be technology designed to make driving safer. When collisions have happened, this can be an important part of pursuing compensation in a legal filing.

According to a new study from the AAA Foundation for Traffic Safety, technology that is increasingly common, like adaptive cruise control and lane assist, are leading to distractions for drivers. Since these advancements are standard in many newer vehicles, it is a concern. If the driver is familiar with these advancements, known as "advanced driver assistant systems (ADAS)," they tend to be complacent and place too great an emphasis on the system. Those who know how to use them have twice the chance to be distracted behind the wheel than those who are unfamiliar with them.

Piece of façade falls, leading to fatality in New York City

Construction work and maintenance is an everyday occurrence in any large city, but our state seems to have more of these projects that anywhere else. While it is necessary, there is still danger when they are ongoing. Many issues can lead to a dangerous situation and people might be seriously injured and lose their lives because of lapses in safety or the failure to address known issues. People who have been affected by falling objects, dangerous property conditions or other examples of violations related to premises liability should know how to recover compensation in a lawsuit.

For example, recently, a woman, who was walking in Times Square, died when a portion of a façade hit her on the head. The woman, 60, was later identified as a prominent architect. The accident happened in mid-morning. Emergency crews arrived at around 10:30 a.m. They were unable to revive her, and she was declared dead at the site of the accident. Unfortunately, this is not the first issue with this building.

Parking lots are like minefields during the winter

Parking lots in Staten Island are hazardous areas year-round, but they can be like minefields during the winter. If a parking lot accident spoiled your winter holiday, you might have questions about whom to hold responsible and your rights to recover damages. The answers to those questions need analysis of the circumstances that led to the car accident.

When many people are doing last-minute shopping and returns, distractions are par for the course. Shopping lists, mobile phones, and snow and ice may distract both drivers and pedestrians. If such an accident caused your injuries, it would be helpful to record as much information about the incident as possible.

Drowsy drivers a major danger on the road

When thinking about the potential dangers on the road in the New York Metropolitan area, people will name texting and driving, drunk driving, speeding, recklessness and other examples before drowsy driving comes up. However, drivers getting behind the wheel when they are drowsy is also a major risk for motor vehicle accidents. When crashes occur, it is important to consider the cause when seeking compensation for medical costs, lost income and a wrongful death.

A recent survey by the American Academy of Sleep Medicine (AASM) of more than 2,000 people showed that 45 percent of adults have had a problem staying awake when behind the wheel. This is in line with statistics from the AAA Foundation for Traffic Safety saying that there is an average of 328,000 crashes with 6,400 fatalities every year. The hallmarks of drowsy driving are comparable to driving drunk. It negatively impacts reaction time and hinders decision-making ability.

Michael J. Gaffney, Attorney at Law
1164 Victory Blvd.
Staten Island, NY 10301

Phone: 347-286-1937
Fax: 718-447-9908
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