Paula Jimenez, 34, of Virginia, tragically lost her life on Saturday, August 29th, 2009. She was attending her 15 year high school reunion picnic in Flushing Meadows Park when the horrible accident occurred. As Mrs. Jimenez walked to her car to get her wallet, an out of control van exiting the Van Wyck Expressway crashed into a parked car which then smashed into her. The crash severed her spinal cord and severely injured her head and kidneys. Jian Seng He, 49, was the driver of the van.
Jian Seng He was arraigned on Sunday, August 30th, 2009, on second-degree homicide charges and ordered held on $150,000 bail. According to prosecutors, he told the cops he was chasing a car that stopped in front of him on the Van Wyck but lost control. His lawyers are blaming the crash on malfunctioning brakes. New York auto accidents occur much too often due to aggressive driving.
Mrs. Jimenez’s husband, Andrew Jimenez, was in shock when he got the phone call about the horrific accident. He was having dinner with his two daughters, when a doctor called him and told him that his wife was brain-dead. Mr. Jimenez struggled to think how his life would go on without his loving and caring wife.
NY Daily News
Van Hits Woman in Queens
Monday, August 31, 2009
Man Struck by Cop Car on "Boulevard of Death"
Friday, August 28, 2009
Evelio Villa, 47, who was coming back from a romantic dinner together at a local restaurant with his girlfriend, Yanira Lopez, was struck by an unmarked police car on Thursday, August 27, 2009 at the intersection of Queens Boulevard and 44th Street in Sunnyside, New York. Auto accident lawyers deal with many unfortunate accidents occurring on the this street, often referred to as the “Boulevard of Death.”
According to witnesses, the couple had the right of way when the black New York City Police Chevy Impala, ran the red light and struck Mr. Villa. A police union source contradicted the witnesses’ statements, saying the unmarked police car had a green light and that Mr. Villa was intoxicated.
Multiple witnesses said the unmarked car ran the red traffic light and didn’t attempt to stop. Joshua Chang, 23, was one of those witnesses and said, “This guy was flying. He went like a bat out of hell. There were no screeching breaks, no tire marks, nothing.”
Mr. Villa was taken to Elmhurst Medical Center with a fractured shoulder. He was in stable condition Thursday night. The cop was taken to a local hospital to be treated for shock.
NY Daily News
Motorcycle Rider Killed in Crash
A motorcycle rider tragically lost his life on Thursday, August 27, 2009 on Forest Avenue in Brighton Heights. Witnesses say his decision to “pop a wheelie” is what caused the accident. The victim was driving a black and white Kawasaki Ninja at the time of the accident.
Laurie Rinaldo of Grymes Hill said, “He was doing a wheelie and lost control.” The biker went back too far on his tire and lost control. He bounced off a parked car and a parked pickup truck. The motorcycle rider clipped off the driver’s side mirror of the car and then hit the taillight of the pickup.
His body landed across the street and his bike slid to a stop. His helmet was found 10 feet away from his body and pools of blood could be seen on the ground. He suffered severe injuries and died at the scene. The motorbike was registered to Aivar Pukk, 30, of Ohio. It was not made known if Mr. Pukk was the driver.
18 "Driven To Distraction" Reasons Not to Text and Drive
You may think that you are able to text and drive responsibly but the statistics say otherwise. New York Personal Injury Attorneys with the Perecman Firm urge you to err on the side of caution and save texting for a time when you are not behind the wheel..jpg)
Here are 18 "Driven To Distraction" Statistical Reasons to Avoid Texting While Driving:
1. Text messaging increases your risk of a crash or near crash by 23.2 times compared to non-distracted driving.
2. Texting while driving slows reaction time by 35%, making texting and driving more dangerous than driving while under the influence of drugs or alcohol.
3. 48% of drivers under the age of 25 admit to texting and driving.
4. 10,000, or up to 1/4, of the estimated 40,000 annual vehicle fatalities in the
5. AAA reported that 95% of drivers polled acknowledge that texting while driving is dangerous, but 21% have done it recently anyway.
6. A recent study revealed texting and driving is actually more dangerous than drinking and driving since the reaction time for a texter was longer than for someone legally drunk at 0.08 BAC.
7. Despite the risks, the majority of teen drivers ignore cell phone driving restrictions.
8. In 2007, driver distractions, such as cell phone use or text messaging, contributed to nearly 1,000 crashes involving 16 and 17 year old drivers.
9. Of the over 60% of American teens who admit to risky driving, nearly half also admit to text messaging behind the wheel.
10. Each year, 21% of fatal car crashes involving teenagers between the ages of 16 and 19 were the result of cell phone usage. This result has been expected to grow as much as 4% every year.
11. Almost 50% of all drivers between the ages of 18 and 24 are texting while driving.
12. Teens say that texting is their number one driver distraction.
13. 1 in 5 experienced adult drivers in the
14. A study of dangerous driver behavior released in January 2007 by Nationwide Mutual Insurance Co. found that 19% of adult motorists say they text message while driving.
15. In 2002, the
16. 84% of cell phone users stated that they believe using a cell phone while driving increases the risk of being in an accident.
17. The majority of Americans believe that talking on the phone and texting are two of the the most dangerous behaviors that occur behind the wheel. Still, as many as 81% of drivers admit to making phone calls while driving.
18. Studies have found that texting while driving increases the time spent with your eyes not watching the road by 400%.
Fatal Crane Accident on the Throgs Neck Bridge
Thursday, August 27, 2009
William Barnes became another victim of a fatal crane accident as he was working on the Throgs Neck Bridge. Construction workers are being killed by crane accidents and other construction accidents, also putting innocent bystanders in harms way. It is important that construction companies make sure that people will be safe on construction sites and New York construction accident lawyers continue to fight for construction site safety.
Long Island Woman Killed in Car Crash
Wednesday, August 26, 2009
A highway accident is under investigation that claimed the life of a young Long Island woman after her vehicle collided with a tractor trailer in Holbrook Tuesday night.
Leann Mazzeo, 21, was driving a 1998 Ford southeast on Veterans Memorial Highway. A tractor trailer hit Ms. Mazzeo’s car while trying to turn left in front of Ms. Mazzeo’s car and caused her to drive off the road. Bruce Shively, 44, of East Stroudsburg, Pennsylvania, was the driver of the tractor trailer.
Ms. Mazzeo was pronounced dead at the scene. Shively did not suffer any injuries. Ms. Mazzeo’s car was impounded for a safety check. The Motor Carrier Safety Team Inspected the trailer at the scene of the accident.
Long Island Press
Electrical Worker Killed on Throgs Neck Bridge
William Barnes, 48, was an electrician from Port Washington, who was killed on Tuesday August 25, 2009 when the boom of a crane fell and crushed him on the Throgs Neck Bridge. He was operating the hydraulic boom when a cable snapped and the boom fell. New York Construction Accident Lawyers know the risks of working with cranes as many accidents have been reported in the past couple of years.
According to a statement made by the Metropolitan Transportation Authority, the employee was outside of an aerial lift truck operating the lift controls when he was struck by the lift. The emergency calls were made at around 10:25 A.M. Preliminary reports to the Fire Department said that the employee fell, but officials of the MTA stated that Mr. Barnes was struck and pinned but did not fall. Mr. Barnes was pronounced dead at the scene.
Mr. Barnes was an employee of Tri-State-Electric Contracting, Inc. and he was working on a project that involved repairing the ramp of the Throgs Neck Bridge, which was set on fire in an earlier construction accident.
New York Times
Driver Killed in Brooklyn Bridge Accident
A 36-year-old man was killed in a car accident that closed down the Brooklyn Bridge for hours. New York City Police say the victim was on his was toward Manhattan when the accident occurred.
The crash happened at 4:11 a.m. when a gray sedan, a 2008 Honda Accord, collided with a New York State Department of Transportation dump Truck. The dump truck was equipped with an arrow on top of its cab to warn drivers that there were work crews on the bridge.
The Brooklyn Bridge was closed for about two hours while the Manhattan bound side remained closed for a longer amount of time due to police investigation. Many people, including New York Auto Accident Lawyers, are waiting for the full police report.
The driver of the Honda was transported to New York Downtown Hospital. He was pronounced dead on arrival. His identity has not been released.
Newsday
Medical Malpractice from Victims' Point of View
Weighing in on the health care reform debate, New York personal injury attorney David Perecman addresses the issue of medical malpractice from the victims’ point of view. Those from the medical side contend the issue contributes to increased costs in health care. Others, including economists say, this is not significantly true. In places like New York, personal injury attorneys are the ones who see the victims and understand most directly just how much their lives have changed as a result of the medical negligence. Many of these victims would choose their health back over the money.
8 Year Old Girl Falls Seven Stories, Survives
An 8-year old girl miraculously escaped death after plunging out of her housing project apartment window, surviving the seven-floor fall. New York personal injury lawyers were fast to note that the child's mother had complained over a month ago to the Housing Authority that the window opened too widely on top. Most importantly, in this story, is that the child survived the fall. However, many other children who fall out of or through windows are not as lucky as David Perecman and other New York personal injury lawyers know all too well.
Two Firefighters Killed in Buffalo Fire
Two firefighters were killed in a fire in Buffalo on Monday. One of the firefighters was searching for a person reported to be trapped and the other firefighter responded to a distress call. Both of them plunged through the collapsed first floor of a burning building.
The firefighter who fell through the floor first was Lt. Charles McCarthy, a 22 year veteran of the Buffalo Fire Department. His team specialized in finding and freeing trapped victims. He pressed a distress button on his radio and said “Basement, I’m in the basement.” The second firefighter, Jonathan Croom, was working on his scheduled day to cover a staffing shortage, responded to McCarthy’s distress call and also fell through the first floor.
According to Commissioner Michael Lombardo, rescue crews tried repeatedly to get to the two fallen firefighters, but were pushed back by fire and additional collapses in the building. New York Personal Injury Lawyers empathize with the families of these victims.
McCarthy, 45, was a married father of three. Croom, 34, had been in the department for 10 years and leaves behind a fiancé and their 9-month-old child.
New York Times
Marine Kills Two Brothers in DWI Accident
Tuesday, August 25, 2009
James Farr, a Marine staff sergeant in the First Marine Corps District in Garden City who did three tours in Iraq, was allegedly driving drunk when he struck and killed two brothers, Thomas and Joseph Occhiogrosso. According to the police, Farr had a blood-alcohol content of 0.21, which is well over the legal limit of 0.08 at the time of the accident. New York Auto Accident Lawyers hear about these horrific accidents all the time. Farr is charged with two counts of second-degree vehicular manslaughter and one count of drunken driving.
Thomas and Joseph were crossing Hempstead Turnpike at 4:15 AM on Sunday when they were struck and killed. Witnesses said the impact shattered the windshield and splattered blood all over the car. Thomas was pronounced dead at the scene of the accident while Joseph was pronounced dead about two hours later at Nassau University Medical Center.
Thomas Occhiogrosso was a Navy veteran who served two tours in Iraq. Joseph Occhiogrosso was a plumber that dedicated himself to taking care of their sick grandmother, who has Parkinson’s disease.
New York Post
Parents Whose Son was Killed Sue City
Friday, August 21, 2009
The parents of Michael Needham Jr., a 10-year-old Bronx boy fatally struck by a van while riding his bicycle, are suing the city for $10 million for failing to install a speed bump on a street that they say was known as a safety hazard. Michael was riding his bike after school on June 5, 2008, when he was hit by the van. He fell into a coma and died 17 days later.
The suit alleges that the city should have known that the nearby Allerton Library attracted a large number of kids and that drivers break a number of laws by speeding, not stopping at stop signs, speeding up to make traffic lights, and operating their vehicles in a dangerous manner.
Michael’s parents are also suing the Fire Department and Emergency Medical Service for $10 million for their “careless, reckless, and negligent” response to the accident, and the car’s driver for $10 million. New York Auto Accident Attorneys understand why the parents are devastated by their son’s death.
Since his death, Michael’s family, neighbors and the Bennington School in Allerton have worked on expanding bicycle safety education and have campaigned for a speed bump and tougher traffic law enforcement on the street.
New York Daily News
Straphangers Close to a Disaster
New York straphangers came awfully close to disaster as a part of the ceiling collapsed along the Number 1 subway line at the 181st Street station causing debris to fall onto the tracks and platform.
Mayor Bloomberg said this inconvenience could have easily been a disaster and “could have killed somebody”, and New York Personal Injury Lawyers agree. The mayor also voiced his criticism about the MTA’s lack of maintenance and upkeep of the stations.
Moments after the train left the station, the 35-foot section of bricks lining the station ceiling fell down onto the tracks and platform. Luckily, no one was injured. The debris covered about 35 feet of track and hit the top of the train. According to the New York Post article, officials knew that part of the roof was in danger because a small amount of bricks fell last year in the same area. New York City Transit spokesman Paul Fleuranges stated that lawmakers approved funds last Friday that would have led to the renovation of the brickwork in the 181st Street station.
This collapse increases people’s fears about the conditions of subway stations and what would have happened if a brick hit a person. The MTA fares continue to increase and the service continues to decrease. People don’t understand where the money they spend is being used by the MTA. Subway riders agree that drastic improvements must be made by the MTA in order to improve the stations and service.
After a Worker Falls, New York Construction Accident Lawyers Continue to Fight for Safety Regulations on Construction Sites
Thursday, August 20, 2009
After news of a construction worker who died falling four stories at a site in Brooklyn, NY, this accident is just another example that safety regulations on construction sites should be better enforced.
Generally, there is a lack of proper safety precautions on many construction sites and David Perecman, New York construction accident lawyer says, "I continue to reach out to colleagues, legislative representatives and construction unions pleading with them to tighten the standards of safety for constructions workers. Until we ensure all bases are covered, like the proper equipment is available and people are trained appropriately, accidents like this won’t stop."
Air Traffic Controller Removed from Duty
Wednesday, August 19, 2009
The Teterboro Airport traffic controller, who was on duty at the time of accident involving the small plane and helicopter collided, has been removed from duty. His supervisor, who wasn’t in the building at the time, was also removed. Both employees were placed on administrative leave with pay. Investigations have determined that the controller was making a personal phone call at the time of the horrific crash.
The Federal Aviation Administration is investigating why the supervisor wasn’t in the building at the time. Air traffic controllers are considered on duty throughout their shifts and are expected to be available in case they are needed. According to investigators, the controller had cleared the small plane for takeoff and then went on to make the personal phone call.
The New York Post later reported that the controller originally failed to warn the small plane of another aircraft in its path. The controller then tried to contact the pilot but failed. The National Transportation Safety Board said radar data shows that there were several blips in the plane’s path, including the helicopter. It wasn’t until the controllers at Newark Airport alerted the Teterboro controller about the potential disaster. The controller then tried to contact the small plane but unsuccessful.
Worker Falls Four Stories to His Death
An accident occurred in a luxury apartment building in Brooklyn which was undergoing renovation work. One worker was killed while two others were slightly injured. The worker who died was identified as 42-year-old Henryk Siebor of 100 Diamond Street in Brooklyn. Mr. Siebor fell four stories to his death when he stepped onto a scaffold that suddenly collapsed. The two other workers were left dangling in the air and were rescued by firefighters who arrived on the scene quickly.
According to the authorities, the cause is under investigation but people speculate that mechanical failure and human error played some role in the collapse. While this is horrible news, New York Construction Accident Lawyers hear about many of these cases. The call about the accident came in at 5:35 PM according to a Fire Department spokesman. The accident occurred at 438 12th Street between Seventh and Eighth Avenues. The building is known as the Ansonia, which is a former clock factory that is being transformed into residential apartments. Mr. Siebor was married with three children, 20-year-old and 16-year-old daughters and a 16-year-old son who was at the Ansonia when his father died.
New York Times
Controller Didn’t Warn Pilot Before Hudson River Crash
The initial report on the plane-helicopter crash over the Hudson River on August 8 has been released. In a nightmare scenario for any flier, the air traffic controller was making a personal phone call and failed to timely warn a small plane of other aircraft in its path. Moments later, the plane crashed with a tourist carrying helicopter, leaving nine people dead. David Perecman and other New York personal injury lawyers are monitoring the airwaves.
Man Falls Down 30-Feet, Walks Away With Cuts and Bruises
A man walks outside for a smoke, falls 30-feet down through a corroded metal plate, and into a NYC basement. He walks away from the accident with nothing more serious than some cuts and bruises. He is labeled a “Miracle Man” by the New York Post and New York personal injury attorneys are among the millions of city citizens who agree with that assessment. In New York, personal injury attorneys rarely see accidents with such high potential for injury and even death, end with so little physical damage.
Nine Year Old New York Boy Killed by SUV
Tuesday, August 18, 2009
A nine year old boy from Brooklyn was struck and killed by an SUV he had exited just moments earlier. The driver of the SUV parked on the shoulder of a road in Wading River in Long Island, NY. The boy exited the vehicle, then the driver attempted to re-park the vehicle. Riverhead police say this is when the driver of the SUV lost control of the vehicle. The driver first struck a minivan parked behind her and then struck the boy, sending him into the middle of the road. The SUV then continued to operate out of control, striking the boy a second time. The boy was not immediately identified and later died at a hospital. No charges have been filed and police are still investigating the accident.
Eight Year Old Allegedly Struck and Killed by Car Driver
Monday, August 17, 2009
On August 13th, 2009, an eight year old was allegedly struck and killed in Harlem by cab driver Akim Saiful Alam. Axel Pablo was hit by the cabby while crossing the street with his mom and sister. The cab driver didn’t even notice that he struck Axel Pablo and witnesses say Alam was talking on his cell phone.
One of the witnesses, Salha Nagi, ran up to Alam’s car, banging on his window and telling him that Alam struck someone. Nagi stated that Alam then put his car in reverse and tried to drive away but Nagi reached in to grab the cabby’s keys. They kept struggling as the police arrived on the scene. Nagi also stated that the boy and his family had the light. The boy was picking up his mom’s dropped cell phone in the middle of an intersection.
As Alam was taken into custody in handcuffs, everyone applauded according to another witness. Everyone at the scene was very disturbed at the tragedy that had just occurred. Auto Accident Lawyers in New York would agree that cell phones and cab drivers are a deadly mix. It seems as if there is news about these types of accidents almost every other day.
With all the stories about auto accidents due to cell phone use while driving, it would seem people would get the message and put away their cell phones but apparently that isn’t the case.
Family of the First Swine Flu Victim Plans to Sue New York City
Friday, August 14, 2009
Mayor Michael Bloomberg declared that Mr. Mitchell Wiener was hospitalized with New York City’s first serious case of swine flu. Mr. Wiener died on May 17. He contracted the virus while teaching at an intermediate school in Queens. Mayor Bloomberg, along with the city’s health commissioner, Dr. Thomas R. Frieden, stated that additional health conditions made him more vulnerable to the virus. The city medical examiner later concluded that obesity and arteriosclerotic heart disease have been contributing factors in the death.
His wife, Bonnie Wiener, and her three sons have informed the city that they plan to file a wrongful death and negligence lawsuit against the city. The lawsuit states that the city failed to inform Mr. Wiener that he was in contact with the virus while working at the school; that it didn’t act fast enough to stop the transmission of the disease; and that it didn’t provide a safe working environment for Mr. Wiener, along with other allegations. The family is seeking $40 million in the suit, which isn’t surprising to New York Personal Injury Lawyers.
The family seeks the following damages: for pain and suffering and wrongful death on behalf of Mr. Wiener; for medical expenses and loss of companionship on behalf of Mrs. Bonnie Wiener; and for loss of moral support, companionship, and counsel by their sons.
Sonia Sotomayor's Road to the Supreme Court
On August 8, 2009, Sonia Sotomayor took the judicial oath and in doing so, became the third woman and the first Hispanic to serve on the Supreme Court. Her nomination was the first time since 1994 that a Supreme Court Justice had been nominated by a Democratic president. Growing up in a housing project in the Bronx, Sotomayor lived with her mother who worked as a nurse; her father passed away when she was nine years old. Education was at the forefront of her young life. Graduating as valedictorian of her high school, Sotomayor went on to Princeton and then Yale Law School .
Sotomayor gained priceless experience by working on almost every level of the judicial system, from assistant district attorney in 1979 to partner at the Pavia and Harcourt firm. New York Personal Injury Lawyers acclaim Sotomayor for the success she has had. Moving up the ladder has never been a problem for Sotomayor. In 1992, Sotomayor was appointed to the United States District Court for the Southern District of New York by President George H.W. Bush. Presiding over 450 cases, she earned the reputation as a bold jurist who possessed enormous amounts of confidence. In 1998, President Clinton designated Judge Sotomayor to the U.S. Court of Appeals for the Second Circuit.
Sotomayor's understanding of the impact of the law on the personal life of others has allowed her to have a very successful career. She will continue to uphold the law and her career will continue to shine.
LIRR Engineer Lets Passenger Drive A Train
Tuesday, August 11, 2009
For 25 miles at speeds of up to 80 miles per hour, a LIRR engineer allegedly let an unqualified passenger drive a train carrying approximately 400 riders. After a preliminary investigation, charges have been filed against both the engineer and the passenger. While there were no physical injuries reported, New York personal injury lawyers note that the breech of trust between the LIRR employee and his passengers, not including the one who was allowed to drive, is significant.
Taconic Crash Becomes Worst Deadly Auto Accident in Westchester
Thursday, August 6, 2009
For adults and four children were killed in a horrible three-vehicle accident on the Taconic State Parkway. According to state police, a family SUV was going in the wrong direction and crashed into two cars on Sunday, July 26. This accident was one of the worst deadly auto accidents in Westchester, New York. Auto accident lawyer David Perecman reviews the incident and speculates on the many “mysteries” surrounding the case prior to final autopsy reports on the driver of the minivan which is 4 to 6 weeks away.
Small Plane Disrupts Large Aircrafts
A lost pilot from a small town in Virginia flies his experimental plane into Kennedy Airport airspace while looking to land at another airport. His meandering flight path disrupts other landing planes, many of which are large passenger aircrafts. David Perecman, a New York personal injury attorney evaluates the incident and comments.
Another explanation for out-of-control medical costs - not defensive medicine
Tuesday, August 4, 2009
As the health care debate slowly shifted to address the issue of cost containment, New York medical malpractice lawyers readied themselves to defend against another round of calls for tort reform and a barrage of misinformation on defensive medicine. To medical malpractice lawyers' (extremely pleasant) surprise, several recent articles in mainstream publications have tackled the issue of spiraling medical costs and reached conclusions that support what attorneys have been saying for years.
The most recent such article, which appeared in Friday's Washington Post, examined the rate at which doctors order complex and expensive tests such as CT scans and MRIs. Critics of medical malpractice lawyers have long suggested that the threat of litigation encourages doctors to order unnecessary tests to "cover themselves" by ruling out unlikely diagnoses, thus driving up the cost of care.
Though the investigations the Post cites did not find any such links, they did find a strong correlation between ownership of scanning equipment and the rate at which doctors request tests that use that equipment. The most striking example of this was a comparison in the number of tests order before and after an office purchased its own CT scanner. Almost immediately, the office moved from ordering eight or nine scans a month to ordering more than 60.
With no similar explosion in the number of patients treated at this office, this rapid increase in tests requires some explanation. Fear of medical malpractice suits does not fit the bill - that same fear would have motivated tests before the purchase of the machine. A financial motive, as the Post points out, is much more likely.
Doctors get paid a lot of money for conducting CT scans and MRIs, but only if they have a scanner they can operate themselves. Doctors without a machine generally refer their patients to an outside radiologist; while this practice costs them nothing they do not make any money from it either. But doctors with a machine have a strong incentive to order as many tests as possible - at about $1,100 apiece the scans pay far better than many other procedures and are relatively simple to perform.
Doctors can hardly be blamed for engaging this lucrative practice. After all, these scans can sometimes help with diagnosis and, as far as medical tests go, are relatively benign. Yet there is no question that most of these tests are largely frivolous. With the federal government examining the country's entire system of health care, now would be a good time to reform the method by which we compensate doctors. There are many good proposals, each of which would cut down on much of the inefficiency that plagues American health care.
[The Washington Post via ThePopTort]
Cabdrivers' use of cellphones persistent, illegal
The widespread cellphone use among New York City cabdrivers despite the City's banning the practice is a case study in the difficulty of enforcing these sorts of bans, The New York Times reports.
This story comes as Congress takes its first steps in considering a national ban on the dangerous practice of using a cellphone while driving. If this measure comes to pass, the trouble New York is facing in enforcing its limited ban would presumably be faced by the rest of the country as well.
New York auto accident lawyers have been closely following the Times' ongoing series on the dangers of distracted driving. Recent highlights have included several shocking statistics - texting increases the risk of an accident by 2300 percent, talking on the phone, 400 percent - and some equally shocking anecdotes (e.g. "I know about all the dangers and I probably shouldn't text, but I do").
Above all the series has made it clear that without powerful legal deterrents drivers will continue to use their phones and other electronics, endangering themselves and those with whom they share the road. While many state legislatures have banned the practice the problem of enforcement is universal. As the Times indicates, even cabdrivers, whose very livelihood relies on satisfying passengers by providing safe transportation, are not affected by the mere presence of a ban.
The article indicates that responsibility for enforcement has fallen mostly to individual passengers. Though most cabdrivers do put away their cellphones when asked, New York auto accident lawyers recognize that this awkward transaction is far from an optimal solution.
Instead, police should undertake a new training regimen to help officers detect and ticket drivers using their phones inappropriately. These transgressions should be enforced as vigilantly as laws against drunk driving and serious moving violations. It would be good practice for a future where all drivers are held to this standard.
[The New York Times]
Texting While Walking, New Dangerous Trend
Monday, August 3, 2009
Recently there has been an increase in the number of injuries incurred while texting. This has led to
You probably remember a few weeks ago when a texting teen fell down an open manhole in
At present, no legislation exists to ban texting while walking. However, NY State Senator Carl Kruger proposed a bill in 2007 to prohibit crossing the streets of
“Any rising, dangerous trend is worrisome. The best we can tell our young people right now is to use common sense. What personal injury attorneys don’t want to see is a rash of injuries, claims and deaths before people take notice about just how serious this problem is,” says Perecman.
As testing companies come under scrutiny, City can't keep up
After allegations surfaced that Testwell Laboratories was falsifying the results of its concrete strength tests, the New York City Department of Buildings pledged to retest the concrete in some 60 projects in which Testwell was involved. Now, nearly a year after this plan was announced, The New York Times is reporting that the Department of Buildings has only retested a handful of buildings and will have difficulty increasing the pace of its testing.
New York construction accident lawyers monitoring this situation know that with a new indictment against Stallone Testing Laboratories, the Department's backlog has the potential to get much worse.
Retesting the concrete poses several problems for the agency, most of which stem from the inherent complexity of the task. Each building has its own special considerations and there are no universal standards to guide the Department's retesting efforts. Instead, each project requires consultation with the building's engineers to determine which tests and standards are appropriate for each building.
This detailed work is not only time-consuming - it is expensive. According to the Department of Buildings, it costs about $100,000 to reevaluate a building's concrete, a cost the Department has been passing on to the developers or owners.
Not that the Department has performed much work yet. So far the Department has retested only three buildings - the new Yankee Stadium, Goldman Sachs' headquarters and a section of New York-Presbyterian Hospital. The concrete in all three buildings posed no problem.
Not all of the difficulties in retesting concrete are inevitable. The Department of Buildings' antiquated, paper-based record system is partly to blame for the slow pace of retesting. Essentially, there is no easy or quick way to determine which projects Testwell Laboratories - or any other contractor, for that matter - was involved in. Records at the Department have to be inspected by hand, a ridiculous limitation in an age where computerized relational databases are commonplace.
Though the tests have found no problems so far, New York construction accident lawyers are certain that uncertified concrete poses a great risk. If faulty concrete is used in a structure it can affect both the short-term and long-term safety of a project. Maintenance schedules are prepared under the assumption that concrete of a certain strength is in place. If the concrete is weaker than it ought to be, dangerous structural degradations can go unrepaired, leading, in extreme cases, to building collapse.
Though the Department of Buildings' task has several unavoidable difficulties, at the very least it should take steps to update its database. This will make it much easier to monitor the work of wayward contractors, an issue with which the Department has had repeated trouble.
[The New York Times via City Room]
