New York Injury Lawyers Blog

April 23, 2018

At 14-Year High, Construction Deaths in New York Continue to Increase

In 2016, a total of 71 construction workers were killed on the job in New York State. This number represents a 29 percent increase compared to 2015 and brought New York’s construction fatality rate to a level not seen since 2002. New York consistently ranks among the “Top 10” most dangerous states for construction workers. Perhaps most concerning, construction fatalities are increasingly more likely outside of New York City, which actually saw a decline in construction deaths – from 25 to 21 – during the same period.

Construction workers have always performed a dangerous job with limited protections. However, the decline of unions coupled with the reduced power of regulatory agencies has only made the job even more dangerous. A construction worker in New York is now 4.6 times more likely to die while on the job than the average New Yorker, according to NBC New York. Accounting for almost half of all deaths, falls were the leading cause of death for construction workers over the last decade.

April 21, 2018

Marijuana Linked to Increase in Fatal Car Accidents

by Gallivan & Gallivan

A recent study suggests that marijuana use may cause fatal car accidents. The study, released by JAMA Internal Medicine, found there were more fatalities and car accidents on April 20, a “holiday” of sorts for cannabis enthusiasts, compared to the same period of time a week beforehand and a week afterward. This study comes on the heels of an increasing push by legislators and public policy experts to determine the effects of marijuana on driving habits, and consequently, to establish an objective standard for measuring intoxication by the drug.

To measure the effect of marijuana on car accidents, the researchers gathered data on car accidents on April 13, April 20, and April 27. April 20 is widely “celebrated” by marijuana users, and 4:20 PM on that day is traditionally regarded as a time to imbibe on the once-illicit drug. Consequently, researchers looked at the number of car accidents between 4:20 PM and midnight on April 20 and compared the results to the statistics during the same time period a week earlier and a week later. The researchers compared the data over a 25-year period and in several different locations throughout the country. The results showed a 12 percent overall increase in fatal accidents between 4:20 PM and midnight on April 20. Further, the increase in car accidents was particularly notable in drivers under the age of 20. New York, along with Texas and Georgia, saw the sharpest increase in fatal car accidents on April 20.

April 18, 2018

With Five Killed in Helicopter Crash, Safety Harnesses Became “Death Trap”

by Gallivan & Gallivan

After a helicopter crashed into the East River last month and killed five passengers, the victims’ families and politicians are looking for answers to how the tragic accident occurred. The deadly helicopter crash was part of a photo tour of New York City’s skyline, an increasingly popular tourist activity. Like most other scenic tours of Manhattan, the helicopter had its doors removed. As a consequence, the helicopter’s occupants used a unique safety system involving a snug harness that was tethered to the interior of the chopper. While this prevents the tour’s patrons from falling out of the helicopter mid-flight, it can also create a tragic disaster in the event of a helicopter crash because the harness, in the words of one of the victim’s family, becomes a “death trap.”

According to the New York Times, the helicopter’s engine began to fail near Midtown Manhattan. The pilot said he immediately told all five passengers to return to their seats – all of whom were apparently free to walk around because their harnesses were tethered to the helicopter. According to the pilot, one of the passengers was taking a photograph while dangling off the side of the helicopter, a so-called “shoe selfie”, when the engine lights began to indicate danger. On its website, the helicopter tour company, FlyNYON, advertises “dangling your feet for a #shoeselfie.”

April 17, 2018

New York Cracks Down on Distracted Driving

by Gallivan & Gallivan

Combating the growing problem of distracted driving, New York State Police recently began an aggressive enforcement campaign across the state. Distracted driving, which includes a wide variety of activities that range from texting to changing the radio station, is illegal in New York and across many states in the country. While tickets for talking on the phone while driving have dropped in recent years, New York issued 20 percent more tickets for texting drivers in 2017 – bringing the total to 110,000 tickets. According to police, this high number of tickets still only represents a small fraction of distracted driving violations that occur across the state daily.

Nationwide, almost 3,500 people are killed each year by distracted driving. In New York alone, 160 people were killed and 33,000 injured in accidents caused by a distracted driver in 2015, the most recent year with data available. For drivers who are 29 and younger, distracted driving contributed to almost 30 percent of all car accident fatalities across the country, according to The National Highway Traffic Safety Administration.

April 16, 2018

New York City Rolls Out Hit-and-Run Alert System

by Gallivan & Gallivan

On March 19, New York City rolled out a new system for alerting residents about hit-and-run drivers in their area. The new system is modeled after Amber Alerts, but instead of offering information about a missing person, it will provide geographically targeted alerts about hit-and-run drivers and their vehicles. The new system is part of a broader push to reduce pedestrian accidents and traffic fatalities in the city.

According to The Wall Street Journal, the alert will only activate when the hit-and-run accident results in “serious injury or death.” The alert, which will be sent by the NYPD within 12 hours of a serious hit-and-run accident, will be distributed via social media, email, texts, as well as phone broadcasts on iPhones and Androids. Similar to Amber Alerts, the short message will include the make and model of the vehicle, as well as the license plate or any other relevant information.

April 8, 2018

Self-Driving Car Kills First Pedestrian

by Gallivan & Gallivan

In a tragic crash, an autonomous vehicle killed a pedestrian last week in Arizona. The self-driving car was driving 38 miles per hour in a 45 mile per hour zone, according to the New York Times. The Governor of Arizona has halted all self-driving car demonstrations throughout the state until an investigation is completed.

Previously, Arizona has been at the forefront of self-driving vehicles with its permissive laws and flat, dry landscape. In 2017, Governor Doug Ducey declared the state a “regulation-free” zone for companies interested in testing autonomous vehicles. “We needed our message to Uber, Lyft and other entrepreneurs in Silicon Valley to be that Arizona was open to new ideas,” Gov. Ducey said at the time. When an Uber vehicle collided with another vehicle back in March, the Arizona Governor downplayed the significant, describing the accident as the fault of the other driver. Last month Gov. Ducey issued another executive order permitting cars on the streets without a human behind the wheel, the first state in the country.

However, that changed on Sunday, March 18 when a Volvo XC90 owned by the ride-sharing company Uber struck a woman with a bicycle who walked in front of the vehicle in Tempe, Arizona. The car also had a human driver behind the wheel, who was apparently unable to see the pedestrian either. The weather was clear and dry.

April 2, 2018

Widow of Glenn Frey, Former Eagles Bandmember, Files Wrongful Death Lawsuit

by Gallivan & Gallivan

Cindy Frey, the widow of late Eagle’s co-founder Glenn Frey, has filed a wrongful death lawsuit against Mt. Sinai hospital and physician Steven Itzkowitz. The lawsuit alleges the hospital and doctor were negligent in failing to properly diagnose and treat the health conditions that led to his untimely death in January 2016. Frey died at the age of 67 from complications resulting from rheumatoid arthritis, acute ulcerative colitis, and pneumonia, according to The Rolling Stone.

According to the lawsuit, Glenn Frey was under the care of the Upper East Side hospital and Dr. Itzkowitz between October 2015 and November 2015. The lawsuit alleges that a competent doctor, acting in similar circumstances, would have diagnosed and promptly treated the Eagles co-founder’s “ulcerative colitis and associated symptoms.” Ulcerative colitis is a form of irritable bowel disease. Further, the lawsuit filed in New York Supreme Court, the lowest court in the Empire State, a competent doctor would have assessed Frey’s respiratory problems – the ultimate cause of his death. Dr. Itzkowitz, according to the lawsuit, did not properly check for the problems, diagnose the infection, or hospitalize him. Continue reading

March 30, 2018

New Lawsuit Against Bartaco, Port Chester Restaurant, for Hepatitis A Outbreak

by Gallivan & Gallivan

A new lawsuit has been filed against Bartaco, the Port Chester restaurant responsible for a Hepatitis A outbreak last October. The lawsuit marks the fourth against the popular Westchester restaurant, including one class action lawsuit. All lawsuits seek unspecified remuneration for damages relating to the negligence of the restaurant.

Last October, a Westchester couple began experiencing fatigue, fever, abdominal pain, diarrhea and poor appetite. A blood test confirmed the Yonkers couple had been exposed to Hepatitis A, a generally mild and short-lasting illness. After several other Westchester residents also tested positive for the illness, the Westchester County Department of Health pinpointed Bartaco as the cause. Stating at the time that “people have a right to expect that the food served to them at a restaurant is safe to eat” and noting that simple hand-washing is generally sufficient to prevent the spread of the illness, Westchester County began to notify the notify patrons of the popular restaurant. Continue reading

March 23, 2018

Queens Mom Sues NYC Alleging Missing Stop Sign Caused her Son’s Crash

by Gallivan & Gallivan

A Queens mom has sued New York City for a missing stop sign that caused the Uber she was riding in to crash, injuring herself and her one-month-old son. The mother, Oddeth Davidson, was traveling with her infant son, Kaiden Brown, in a ride-share vehicle when another car T-boned the Uber in Cambria Heights at the intersection of 225^th street and 120^th Avenue on January 11, according to the New York Post. According to the lawsuit, the Department of Transportation’s negligence in failing to replace the stop sign, which had allegedly been missing for several months, caused the accident and should, therefore, be responsible for the damages.

In total, Davidson is suing for $45 million in damages – $30 million for her child’s injuries, $10 million for her own injuries, and $5 million for the anticipated costs of caring for her brain-damaged child. The car accident left the young infant with traumatic brain injuries, seizure disorder, and a neck injury from the crash, according to the New York Post. “He is under the care of a neurosurgeon and a pediatric neurologist. This could be catastrophic and affect him for the rest of his life,” Davidson said of her infant child.

March 21, 2018

Lavern’s Law: Cancer Patients Will Now Have More Time to Sue in New York

by Gallivan & Gallivan

Gov. Andrew Cuomo and the New York State Legislature have finally reached a deal on medical malpractice lawsuits relating to cancer diagnosis. Under the new law, cancer patients will be able to sue doctors and other medical professionals for a wrongful diagnosis or missed diagnosis of cancer for up to two-and-a-half years from the date the patient discovered, or should have discovered, the misdiagnosis.

There will, however, still be a limit on when these medical malpractice claims can be filed. Regardless of when the patient discovered or should have discovered the wrongful cancer diagnosis, the injured cancer patient will not be able to file a lawsuit once seven full years have passed after the doctor or other medical professional’s wrongful act. The new medical malpractice law will also be limited in two unique ways. First, it will only apply to a wrongful diagnosis of cancer or a missed diagnosis of cancer, other illnesses were not included in the final version of the bill. Second, while the law will apply retroactively in a severely limited manner – wrongly injured patients whose statute of limitations ran out in the previous ten months will only have six months to file a medical malpractice lawsuit in a New York Supreme Court. Continue reading