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Queens Personal Injury Blog

Bus inspections, improper maintenance and bus accidents

New York residents expect that the buses in the city are safe. After all, these vehicles should be held to a higher standard than other passenger vehicles, considering the fact that they carry significantly more people. Yet, far too often buses are involved in serious motor vehicle accidents that leave unsuspecting victims seriously injured. As these victims attempt to recover their health, they may be left to deal with the physical, emotional and financial ramifications left in the wake of their accident. This is where a personal injury lawsuit may be able to help.

Of course, proving liability in one of these cases isn't always easy. To increase the chances of success, it may be worth examining a bus operator's inspection history. Under New York law, certain buses must be inspected every six months. These buses include those that transport individuals under the age of 21 to and from school, as well as licensed city, state and double-decker buses.

Drug-resistant fungus spreading through New York nursing homes

Our readers might think that nursing homes would be one of the safest places for an individual to receive long-term care, considering the fact that they are tasked with caring for what could be the most vulnerable population amongst us. Yet, time and again we hear reports about nursing home neglect that puts innocent residents' lives at risk. Far too often these individuals are seriously injured as a result. In the worst cases, they die.

Now, nursing homes and other long-term care facilities are receiving some blame for the spread of drug-resistant fungal infections that can prove fatal in elderly individuals. The fungus in question, C. auris, is currently known to infect nearly 400 individuals with almost 500 others carrying it without exhibiting symptoms. One of the biggest reasons blame is somewhat being shifted away from overuse of antibiotics is the fact that many nursing homes are understaffed, which causes them to be ineffective in infection control efforts.

We help truck accident victims seek compensation

Even minor car accidents can cause an enormous amount of stress in an individual's life. He or she will have to deal with car repairs and insurance claims, and the disruption to his or her day-to-day routine can be overwhelming. Yet, these individuals are fortunate. Other people who are involved in car accidents suffer serious injuries that require extensive treatment. They may suffer from a long-term or permanent disability, experience extensive pain and suffering, and their finances can be rocked on account of unexpected medical expenses and lost wages due to missed work.

Truck accident victims often face this harsh reality. Given that semi-trucks are so large compared to passenger vehicles, those involved in these types of wrecks often face the most significant injuries. These accidents can be caused in any number of way, too, from untreated medical conditions to intoxication and distraction. This means that these motorists are often unable to avoid truck accidents, even when they drive defensively.

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.

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