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Queens Personal Injury Blog

Sleep apnea can increase the risk of truck accidents

Truckers carry a heavy responsibility. Not only are they tasked with delivering the goods we, as consumers, rely on day-in and day-out on a timely basis, but they must also carry out their duties in a safe fashion. This is especially true given how dangerous truck accidents can be. These massive vehicles can crumple passenger vehicles leaving their passengers seriously injured or dead. This is why the Federal Motor Carrier Safety Administration seeks to regulate the trucking industry and ensure that truckers are operating their vehicles safely.

Yet, one issue that is common amongst motorists, including nearly one-third of truckers, is sleep apnea. Sleep apnea is a medical condition where an individual's breathing is interrupted during sleep, thereby causing him or her to wake or otherwise be restless. The pauses in breathing can last as long as 10 seconds, and an individual can be subjected to as many as 400 interruptions in a single night.

Numerous deaths caused by those who fail to obey traffic signals

Traffic signals are not a suggestion. They are in place to protect New York motorists and pedestrians. Unfortunately, a recently released article states that the number of deaths associated with running red lights is at the highest point it has been in about a decade.

The sad reality is, too many people fail to obey traffic signals. They may do this for a number of reasons including distraction and careless operation, among others. No matter the reason, those who do this and cause harm to others may be held accountable for the victim's or their surviving family members' losses in the event of fatality.

Premises liability and inadequate security

Most premises liability claims are based on slip-and-fall accidents. In these instances, a property owner either knew or should have known of the dangerous property condition and failed to either correct the hazard or failed to warn others of the condition. These issues can arise nearly anywhere, but many premises liability lawsuits are filed against retailers, such as grocery stores, that fail to clean up spills in a timely fashion.

As common as these cases are, premises liability is much broader in nature. One often overlooked aspect of this area of the law is negligent security or inadequate security. The law doesn't clearly delineate what specific types of events constitute premises liability. Instead, it lays out certain legal elements that must be met while paying attention to matters such as how the property in question is being used, the foreseeability of harm, and the reasonableness of the steps taken by the property owner to repair the dangerous condition in question or warn others about it.

Study shows New York is a hotbed of pedestrian accidents

New York has its fair share of pedestrians. As such, motorists need to be extra careful when driving around the city. Failing to yield at a crosswalk or fully stop prior to an intersection when the light is red can cause a pedestrian to be struck, leaving him or her with serious injuries. The harm suffered can span the severity spectrum, too. Some victims are able to walk away with nothing more than some scrapes and bruises, but others may suffer broken bones, torn ligaments or head or neck injuries. Some victims are left permanently disabled. Sadly, a significant number of them end up dying.

In fact, a recent study released by the Governor's Highway Safety Association found that New York was the sixth deadliest state in 2018 when it came to pedestrian accidents. Across the U.S., more than 6,000 people died in pedestrian accidents, which is the highest rate since 1990. New York had well over 100 pedestrian fatalities in the first six months of 2018 alone.

Quality of care regulations seek to prevent nursing home neglect

New York's elderly population is amongst the most vulnerable. Quite often, these individuals require extensive medical care that their loved ones simply can't provide. These families may feel fortunate that they can turn to nursing homes for help, and many of them choose to entrust these homes with the care of their elderly loved ones. This is a massive responsibility, of course, with a lot at stake, which is why the federal government and the state heavily regulate this industry to better ensure nursing home residents' safety.

One of the biggest and most important categories of federal regulations pertaining to nursing homes is that which deals with quality of care. Under these regulations, nearly every aspect of a nursing home resident's health is addressed. Therefore, nursing homes are required to provide care that seeks to prevent bedsores and, if bedsores are discovered, that adequately treats them. Also, a nursing home must implement practices that don't limit mobility and seek to increase mobility in those who enter a facility with limitations.

Federal lawsuit filed over lead poisoning of New York children

New Yorkers should feel safe in their homes. Sadly, though, this often isn't the case. While violence in the city is always a concern, so, too, are silent dangers that can cause serious injuries and death. One of these extremely hazardous risks is lead exposure. Even though lead has been banned for decades, many older building throughout New York contain lead-based paint, which can chip and become airborne.

Now, a group of New York parents are suing the New York Housing Authority in federal court for its alleged failure to adequately remedy known lead contaminations. In one child's case, his lead levels reached 15 micrograms per deciliter, which is well over New York's recognized level of poisoning, which sits at 10 micrograms per deciliter. The city's Health Department inspected that child's residence and discovered multiple lead-ridden walls with chipping paint and dust, but when it ran tests on that paint it found that although lead was present, it wasn't at a dangerously high level.

New York bicycle accident leaves one dead

New York certainly has its fair share of bicyclists. Some ride for fun, while others do it as a way to commute or as part of their jobs. Given the extensive amount of traffic in the city, though, these bicyclists constantly find themselves at risk of being hit. A motor vehicle accident that involves a bicyclist can end in tragedy, too, given the fact that these riders lack the protections found in cars and trucks. Even those who wear helmets can be seriously injured or killed by a negligent driver.

Sadly, this was recently the case for one New York bicyclist. According to reports, the woman, who was a delivery driver, was struck by a semi-truck near West 23rd Street and Sixth Avenue. The trucker initially failed to stop, but later returned to the scene after a witness confronted him about it. Even though the woman was wearing a helmet, she was taken to the hospital with serious head injuries and was pronounced dead at the hospital. A witness said that the woman was thrown several feet into the air when struck by the truck.

How to protect your rights after a car accident

Driving around in the Bronx, Brooklyn, Queens and surrounding areas is risky. Regardless of the care you take while driving, another driver's negligence could leave you and your passengers injured and facing medical bills, lost income, and other financial and emotional damages. It might be a good idea to become familiar with the do's and don'ts after involvement in a collision.

The steps you take immediately after the accident will play an essential role in your successful recovery of damages. The first thing to remember is never to leave the scene of the crash. Also, keep in mind that the other driver may try to convince you not to report the accident but rather resolve the issue between the two of you. If you agree, your decision might be one that can come back to bite you.

New study shines light on prevalence of negligent driving

There are numerous otherwise safe activities that can become extremely dangerous when conducted behind the wheel. Take a look around when you are driving. Chances are you will see someone engaging their phone, eating, grooming themselves, turning around to talk to others in the back seat or even dozing off. Any of these acts can cause a serious car accident. Far too often the victims of these motor vehicle accidents suffer serious injuries.

Sadly, despite laws against many forms of dangerous driving, the problem seems to be growing. A recent study found that 20 percent of individuals admit to having fallen asleep while behind the wheel, while nearly a third admit to checking their phones while driving. Another 24 percent of motorists admit to driving drunk. These numbers are staggering, especially considering that the real numbers of people who engage in these dangerous behaviors is likely higher because people oftentimes aren't honest when asked to admit to committing these acts.

We fight for truck accident victims and vicarious liability

The injuries suffered in a truck accident can be significant. Many victims end up with permanent disabilities, disfigurement and emotional trauma that lasts a lifetime. The financial ramifications can be overwhelming, too. Unexpected medical expenses, lost wages and rehabilitation costs can eat into an individual's savings and threaten him or her with financial ruin. This is unacceptable, especially when the accident in question was caused by a negligent trucker.

Fortunately, a personal injury lawsuit may lead to the recovery of compensation and provide victims with a sense of accountability and closure. Yet, as we have discussed previously on the blog, simply suing a trucker may not lead to the full recover a victim expects and deserves. This is because the judgment awarded can far exceed an individual trucker's ability to pay. This is why a vicarious liability lawsuit may be warranted. This type of claim, often pursued against a truck company, can reach deeper pockets that are more capable of covering the full extent of damages suffered.

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