New York Personal Injury Law Blog | Law Offices of Roy S. Hiller

Multi-Vehicle Accident in Brooklyn

2012-03-27T17:11:10Z

Last week, a Brooklyn accident involving multiple vehicles left a dozen people injured. In that accident, a small Meals on Wheels van ran a red light. The van hit a passenger car (Toyota Corolla) in the intersection, causing the van to flip on its side. A city bus attempting to avoid the collision swerved and crashed into an apartment building.

Thankfully, no one sustained serious injuries in this New York City motor vehicle accident. But what if they had? Who is liable in a multi-vehicle collision caused by a red-light running driver who was either working or volunteering for Meals on Wheels at the time of the crash? Like any other New York personal injury lawsuit, the answer is: it depends.

]]> New York is a no-fault insurance state. This means that, in the event of an accident, your own insurance company will cover up to $50,000 of your basic economic loss no matter who is at fault. This is called personal injury protection (PIP). It covers your medical expenses, lost wages and other economic damages. Drivers in New York are required to carry no fault insurance as well as liability coverage. Injured victims can bring a lawsuit against the at-fault driver for injuries sustained above their PIP protection.

Some of the potential at-fault parties from a more serious accident similar to the accident in Brooklyn include:

The van driver, if there were serious injuries
Meals on Wheels, if the van driver was acting in the course of work duties (the van driver may also have been able to recover compensation through a workers' compensation claim, depending on the facts)
The bus driver and bus company for passenger injuries, if the bus driver had acted negligently

As you can see, New York insurance law is complicated, especially when there are multiple vehicles involved in an auto accident. To understand your options for recovering compensation after a serious accident, speak with a New York personal injury lawyer.

Source: New York Daily News, "12 Hurt in Van, Car and City Bus Accident," Rocco Parascandola, Mar. 19, 2012.

Improper Maintenance Caused New York City Elevator Accident

2012-03-02T14:33:35Z

The New York City Department of Buildings and Department of Investigations have determined that a disabled door safety circuit contributed to the elevator accident that killed Suzanne Hart in December.

The elevator lurched upward abruptly while Hart was stepping onto the elevator, trapping her between the elevator and the elevator's shaft. If the door safety circuit was enabled, this New York City elevator accident would likely not have occurred, according to officials from the departments.

]]> The Buildings Department has suspended, and will attempt to revoke, the license of Transel Elevator's owner. Transel was the company in charge of maintaining the elevator as well as approximately 2,500 other elevators in New York City. The suspension will prevent Transel from installing, upgrading or inspecting elevators.

Transel also faces 23 violations, which will cost Transel at least $117,000. The victim's family may also bring a wrongful death lawsuit against the company for its negligence. The family may recover compensation for hospital bills, funeral expenses, loss of income, pain and suffering, and other damages.

"Their Carelessness Cost a Woman Her Life."

According to a statement by the Buildings Department commissioner, "These workers and their supervisors failed to follow the most basic safety procedures, and their carelessness cost a woman her life."

Transel workers used a jumper wire to get around the door safety circuit. They finished work only minutes before the accident. Unfortunately, they did not do everything they were supposed to do.

First, they did not post a warning stating that they were performing elevator maintenance work. Second, they did not contact the Buildings Department to do the routine inspection required by law after elevator maintenance work. Finally, they failed to re-enable the safety circuit.

This accident was one of 43 New York City elevator accidents in 2011.

Source: The New York Times, City Room, "City Cites Maintenance Mistakes in Fatal Elevator Accident," Cara Buckley, Feb. 27, 2012.

Bronx Truck Accident Injures Truck Driver, Contractors

2012-01-26T16:12:39Z

Two construction contractors were injured after a semi truck hit a bridge in the Bronx on Monday. The contractors were inspecting the overpass when the truck's trailer separated from the truck, causing it to fall onto their car and pin them inside.

According to new sources, the truck was not supposed to be on the bridge when the New York City truck accident occurred. It was too tall for the bridge. The truck driver and two contractors were injured (at least one critically) and the truck caused some damage to the bridge.

]]> The Bronx truck accident is under investigation. One of the questions the investigation will ask is: why was the truck on the bridge? Depending on the facts unveiled by the investigation, the truck driver and his or her company may be held liable for the accident.

Truck Accidents in New York

According to the New York State Department of Motor Vehicles, there were 11,672 large truck accidents in New York in 2010. More than 100 of these truck accidents were fatal, and 5,392 people were injured.

The government has recently taken steps to prevent truck accidents, including steps to minimize the risk of accidents caused by truck drivers. For example, the federal government recently amended the trucker hours of service requirements in an effort to reduce truck accidents caused by drowsy driving. In 2010, the U.S. Department of Transportation banned all truck drivers from texting while driving on federal highways.

Yet, no ban can prevent all truck accidents from occurring or can teach all drivers to drive responsibly. When truck accidents occur, those injured and the families of those killed can turn to the law to hold responsible parties accountable. Through a personal injury claim, they may be able to recover compensation for their injuries, pain and suffering, lost wages and more.

Source: New York Post, "Truck-Smash Nightmare," Jessica Simeone, Jan. 24, 2012.

New York City Elevator Accident: Who Is at Fault?

2011-12-16T16:02:28Z

According to the New York City Buildings Department, the elevator that crushed a 41-year old woman on Wednesday morning had recently been serviced. Only hours before the New York City elevator accident, workers had performed electrical maintenance on it. That maintenance is now the center of the Buildings Department's investigation.

The victim was pinned between the elevator and shaft wall when the elevator she was stepping into unexpectedly rose. She was crushed to death.

]]> Each year, approximately 27 people die in elevator accidents in the United States. While this number pales in comparison to those killed in auto accidents, most of these deaths could -and should - have been prevented. According to a former elevator consultant, accidents such as the New York City elevator accident are "almost always a case of human error."

Now, the Buildings Department will need to determine what caused the New York elevator accident so that the proper parties can be held liable by the state as well as by the victim's family. The cause may be linked to the electrical maintenance and to the workers who performed the maintenance on the elevator. Workers do not need a license to work on elevators, which means they may lack the proper training needed to keep elevators safe.

Fault may also lie with the elevator manufacturer (if there were defective elevator parts), the building or the elevator maintenance company. There were 14 reported and open violations against elevators in the building where the accident occurred. Furthermore, the company that maintained the elevator, Transel Elevator Inc., was the company involved in the last fatal New York City elevator accident in September.

Source: New York Times, "Elevator Was Serviced Just Before Accident," Cara Buckley, Dec. 15, 2011

Dangerous New York City Streets: Park Avenue

2011-12-08T15:24:44Z

Park Avenue in Brooklyn is well known to residents and authorities alike. Sadly, though, its notoriety is due to its dangerousness. And, one intersection in particular, Park Avenue and Hall Street, is receiving extra attention from the New York Times' The Local blog.

According to Department of Transportation spokesman Scott Gastel, an average of four New York City car accidents and four injuries occurred per year between 2005 and 2009 at the intersection. Whether the accidents are occurring because of speeders on Park Avenue, impatient drivers waiting to cross Park Avenue on Hall Street, or some other reason, most agree that something needs to be done to prevent them.

]]> Deputy Inspector Anthony Tasso of the 88^th Precinct indicated that the police have recommended to the Department of Transportation that a traffic light be installed. He also said that police have suggested increasing the view of drivers on Hall Street by installing "no-parking zones for 20 to 30 feet on either side of the intersection."

While this is just one street in one borough, any New York City street has the potential to be very dangerous for drivers. And, with the arrival of winter, drivers need to be extra vigilant to prevent New York City car accidents.

Winter Driving Tips

As the snow and ice of winter descend on New York, driving safely is the key to preventing accidents and injuries on the roads and, in particular, at intersections. New York Thruway Authority offers winter driving tips to drivers, including some of the following:

Make sure your car is in safe working condition - check the battery, wipers and defrosters
Keep a scraper and/or snow brush in your vehicle
Pay attention to the weather forecast
Reduce speeds, especially on roads covered with snow and ice
Limit distractions, including not talking on a cell phone
Turn on headlights
Drive defensively by being extra attentive to other drivers, allowing more room between vehicles, and braking earlier when approaching intersections

Source: New York Times, The Local, "Car Crash Central: Hall Street at Park Avenue," Martin Burch, Nov. 25. 2011.

Brooklyn Construction Accident Kills One, Injures Four

2011-11-10T15:46:31Z

One construction worker has died and four others were injured when a building they were working on collapsed under the weight of concrete that had been recently poured onto the third floor. The accident occurred in Brighton Beach, Brooklyn, on the afternoon of Tuesday, November 8.

Although this accident is tragic, it is unfortunately not rare. New York City construction accident lawyers know all too well that the city's construction workers regularly face the risk of injury or death on the job site.

]]> The Brighton Beach accident is not the only fatal construction accident to strike the city's workers in recent months. In October, a 33-year-old construction worker fell to his death while he was installing safety netting at a Manhattan church. This past February, two men - both fathers - were killed when they plummeted 65 feet after being knocked over by a falling beam. Just a month earlier, a 26-year-old father of three was killed on a construction site when he was crushed under the weight of a collapsing wall.

Many Construction Accidents Due to Unsafe Working Conditions

These accidents are only a small sample of all of the hard-working New York City construction workers who have been needlessly killed or caused to suffer serious injury while trying to support their families.

To make matters worse, many job site injuries are entirely preventable and happen only because proper safety measures aren't being followed. Investigators believe the Brighton Beach collapse occurred because workers weren't pouring concrete in the correct sequence - instead of starting at the bottom and working up, they started at the top, which caused the building to become unstable. None of the three men who fell to their deaths in the earlier accidents were wearing safety harnesses. Further, the two men killed in February could likely have been saved had appropriate safety platforms been installed at their jobsite.

New York City construction workers should not have to endure unsafe working conditions simply to make a living. If you or a loved one has been injured in a workplace accident, contact an experienced New York City construction accident lawyer who can help you protect your rights.

Source: New York Times, "Worker Dies After Being Rescued From Building Collapse in Brooklyn," Liz Robbins, Nov. 8, 2011.

Hannibal Man Killed in New York Workplace Accident

2011-10-28T15:04:02Z

In early October, a Hannibal man was killed in a New York industrial accident while working at Novelis, Inc., an aluminum rolling plant. The man, a rolling technician, was trapped in a piece of equipment he was operating. He was stabilized at the hospital, but later died from his injuries.

This accident was the second workplace accident in only three months at the plant. It follows a serious on-the-job accident in August, when a man was injured in the plant's remelt area.

The Occupational Safety and Health Administration (OSHA) and the company are currently investigating the August and October accidents. It may be months before we learn of the cause of the New York workplace injuries, as OSHA inspectors must go through extensive discovery to determine if Novelis, Inc., violated any safety regulations or otherwise acted negligently.

]]> Liability for On-the-Job Accidents

After a workplace accident, an injured person and his or her family are left to pick up the pieces. Loss of income from inability to work, mounting medical bills, funeral expenses, pain and suffering, and other financial and emotional damages can make it hard to move forward.

Furthermore, pursuing compensation after a workplace accident can be difficult. Who is liable for your injuries? Can you recover compensation above and beyond workers' compensation?

A New York workplace accident attorney can help you answer these questions, whether you have lost a loved one in a fatal workplace accident in New York or you are suffering from burns, back injury or another serious injury caused by an on-the-job accident. For example, if someone other than your employer caused your injuries, you may be able to pursue a third-party liability claim against him or her. Depending on the cause of the accident, your company may also face OSHA fines for unsafe equipment or other dangerous work conditions.

Source: Syracuse.com, "Feds Investigating Fatal Oswego Factory Accident, the Second Incident in Three Months at Plant," James T. Mulder, Oct. 6, 2011.

Hours of Service Rules Could Help Prevent Serious Truck Accidents

2011-10-20T14:30:08Z

The Federal Motor Carrier Safety Administration (FMCSA) is hoping to issue new Hours of Service rules by the end of this month.

According to the FMCSA, truck driver fatigue is likely a factor in 5.5 percent of fatal large truck accidents. It is believed that the percentage of fatigue-related accidents can be reduced by decreasing the amount of time drivers spend behind the wheel and on-the-job. As New York City truck accident attorneys, we often see the devestating impacts of truck accidents and understand the value of any safety measures meant to prevent accidents and save lives.

]]> The proposed changes to the hours of service rules include, among others:

A 10-hour preferred driving time, with 11 hours possible
A maximum 14-hour work day (including non-driving/off-duty time) that can be extended to 16 hours only twice per week
A maximum of 13 hours on-duty time
A required rest break of at least 30 minutes in the first seven hours and a total of at least one hour of rest during the driving shift or three hours of rest during a 16-hour day
A 34-hour "restart," which requires 34 consecutive hours off-duty to be used only once a week and including at least two periods between 12 a.m. and 6 a.m.
A maximum of 12 on-duty hours for nighttime drivers

The rules were delayed while the NHTSA conducted four driver fatigue studies to better understand the impact of truck driver fatigue and truck driver negligence in commercial trucking accidents.

Trucking groups feel these regulations are overly harsh since there has been a significant reduction in truck accidents since 2004, when the current HOS rule was established.

New York Truck Accident Statistics

According to truck accident statistics from the New York State Department of Motor Vehicles, there were 11,100 large truck accidents in New York in 2009, including 100 fatal truck accidents. At least 40 of those accidents were caused by driver fatigue. Of course, those numbers don't paint the full picture - driver fatigue may have been involved in many more accidents and simply not reported as a factor.

Whatever can be done to increase safety on our roads should be done, especially involving the largest vehicles on the road - commercial semi trucks.

Another Bus and Truck Accident in New York

2011-10-19T21:15:41Z

On October 18, 2011, a New York bus-and-truck crash injured eight people. The accident happened on the New York State Thruway, approximately 35 miles outside of New York City. According to the accident report, the Trailways bus rear-ended the truck after the truck slowed down for a car entering the highway.

This is one in a tragic series of bus accidents that have plagued New York and the East Coast this year, including:

A July crash between a semi truck and tour bus in Waterloo, which injured more than 30 people
A March tour bus accident in the Bronx that killed 15 people
A March tour bus accident in New Jersey that killed two people
A May tour bus accident in Virginia that killed four people
A June tour bus-and-semi truck accident in Pennsylvania that killed the bus driver and injured more than 20 people
A July New York tour bus crash that killed two people and injured 35

These accidents have prompted legislators in New York and in the United States Congress to call for safer buses and better bus driver training.

Source: The Wall Street Journal, "8 Injured in Crash Involving Bus, Truck," Associated Press, Oct. 19, 2011.

Businesses Look to Change NY Scaffolding Law

2011-10-07T13:58:12Z

In our last blog, we discussed a New York scaffolding accident where scaffolding collapsed on a city bus, injuring bus riders. Now, we have learned that New York business groups are again trying to reform New York's scaffold law.

A coalition of business organizations - including the Business Council of New York State, the Lawsuit Reform Alliance of New York, the National Federation of Independent Business, the Associated General Contractors of New York State and the New York Farm Bureau - has attempted to revive a reform bill in the Assembly. If passed, the bill would hold workers responsible for scaffold accidents caused by their own intoxication, other criminal act or violation of safety standards.

The coalition has cited research by the Pacific Research Institute that shows changing the scaffolding law could create up to 86,000 new jobs in construction by reducing liability insurance costs. However, according to New York City construction accident lawyers, changes to the law would take away construction worker protections and could lead to more scaffolding violations by employers (and, thus, more scaffold accidents).

]]> New York's Current Scaffold Law

New York's scaffolding law holds that property owners, employers and general contractors have absolute liability for scaffold injuries ("elevation-related injuries"). This is true even if the worker caused the accident. Under Labor Law, Section 240, building owners and general contractors must provide workers with proper scaffolds, hoists, harnesses and worksite safety equipment. Owners and general contractors have ultimate responsibility for following the law - this is not a responsibility they can delegate to workers.

New York's unique scaffold law contributes to the safety of all construction workers and reduces the number of fatal scaffolding accidents across the state. Should New York reduce insurance costs for businesses at the cost of its workers? We look to Albany for the answer.

Source: Crain's Insider, "Coalition Eyes 'Scaffold Law' Reforms," Oct. 5, 2011.

New York Scaffolding Accident Causes Minor Injuries, Scare

2011-09-23T14:09:40Z

On Tuesday morning, a West Harlem scaffolding accident injured seventeen people. Scaffolding around a two-story building collapsed, falling onto a city bus. Those injured by this scaffolding / bus accident included eight bus riders and two police officers. Luckily, no one was seriously injured.

However, the New York City scaffolding accident did cause quite a stir. The scaffolding was erected around a building set to be demolished. When the scaffolding fell, so did bricks from the building.

Inspectors had recently examined the demolition site and had found nothing wrong with it. The New York Department of Buildings is investigating the scaffold collapse and has put a stop-work order on the construction site in order to prevent future construction-related accidents.

]]> Scaffolding Accidents

The Occupational Safety & Health Administration (OSHA) has released standards for erecting and maintaining scaffolding. For example:

All scaffolds must be maintained in a safe condition for those on and around the scaffolds
Unstable objects (i.e., concrete blocks) may not be used to support scaffolds
Scaffolds must be able to support "four times the maximum intended load"
Scaffolds that are weakened due to any cause must be repaired immediately
Planks / platforms used in scaffolds must be "overlapped or secured for movement"
Tools and debris cannot accumulate and create a hazard on scaffolds
Scaffolds must be properly secured to permanent structures

This is only a sampling of the many rules put in place for scaffolds. Whether or not an OSHA rule was violated in the New York scaffold accident has yet to be determined. If the company erecting and maintaining the scaffolding violated an OSHA rule, it may face fines and could be held liable for injuries caused in the scaffolding / bus accident.

Source: NY Daily News, "Scaffolding on Two-Story Building Collapses on City Bus; More Than Dozen People Hurt, Including Cops," Trevor Kapp, Bob Kappstatter, Rich Schapiro, Sept. 20, 2011.

Staying Safe in Passenger Vans

2011-09-12T16:39:27Z

If you think that driving a passenger van is the same as handling a regular passenger vehicle, think again. Passenger vans - which are often used by nonprofit organizations and church groups - are much different than cars because of their size and the amount of safety measures they require.

In order to use these vehicles properly and avoid passenger van accidents / motor vehicle accidents, drivers must consider many factors, including the longer distance needed to stop the vans and the necessity to use mirrors when changing lanes. Regular maintenance is also important for passenger vans, so owners must always be vigilant in looking for mechanical problems.

In addition, many passenger van accidents are caused by tire problems. Before handling a van, drivers should check to ensure that the tires are properly inflated. Also, passenger van drivers must regularly check the tires' pressure and replace them every six years - even if they appear to be in good condition.

Other Passenger Van Safety Tips

Anyone who drives a passenger van should be licensed and properly trained on how to operate the vehicle
All passengers in the van should always wear seat belts
Be sure that the van is never overloaded, which can make the vehicle unstable and difficult to handle on the road
Always obey the speed limit and drive slower than the limit when the roads are wet or icy
Drivers should avoid using cell phones or engaging in any other distracted driving behaviors

Bus Safety Efforts Up Under Obama Administration

2011-09-06T16:15:16Z

Safety has been the hallmark of Ray LaHood's tenure as the Secretary of Transportation. Most visibly, Secretary LaHood has sought to keep America's roadways safe through campaigns to bring to light the dangers of distracted driving - notably, texting while driving. Although less visible, his efforts to keep bus passengers safe are no less important.

With several high-profile bus accidents on the East Coast in the early months of 2011, the safety risks posed by bus transportation have been scrutinized by transportation officials, safety groups, bus accident attorneys and the public. Is the government doing its part to protect against bus crashes?

]]> A press release issued by the U.S. Department of Transportation on July 19, 2011, shows that the government is actively trying to increase bus safety.

Through enforcement efforts by the Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation, the number of imminent hazard orders issued over the last two years has increased. In fact, according to the Department of Transportation, the number of imminent hazard orders placing unsafe carriers out of service has equaled the number of orders issued in the previous ten years: 14.

Imminent Hazard Orders: Taking Unsafe Motor Carriers Off the Road

Imminent hazard orders are issued to motor carriers who pose a danger to passengers and others on the road. Through an imminent hazard order, the FMCSA declares a motor carrier to be unsafe. The orders can be issued by the FMCSA after surprise inspections, compliance reviews and enforcement actions.

During President Obama's time in office, the number of inspections and safety reviews has doubled, according to the press release. Further, during the same time, roadside inspections are up approximately 100 percent and compliance reviews are up over 120 percent.

There is always more that can be done to increase bus safety, such as stronger bus regulations and stricter penalties for failure to follow the regulations.

It is also vital to hold negligent bus drivers and bus companies responsible for the injuries they cause. If you or a loved one was involved in a bus accident, speak with an experienced personal injury attorney about recovering compensation for any injuries suffered.

Source: U.S. Department of Transportation, "Obama Administration Has Stepped Up Action Against Unsafe Motorcoach, Trucking Companies," July 19, 2011.

Fatal New York Truck Accident Caused by Wheels Falling Off Truck

2011-09-01T18:53:40Z

A truck accident in New York killed a 62-year old driver and injured a passenger on August 16, 2011. The cause of the fatal car-and-truck crash? Wheels. Two of the semi truck's wheels, including the rear axle, fell off and hit the victim's car, smashing the car's windshield and roof. The truck driver was unaware of the accident until police confronted him.

Recovery After Fatal Truck Accidents

Approximately 3,380 people were killed in truck accidents in 2009. However, while truck driver or trucking company negligence contributed to many of these accidents, few were caused by parts falling off trucks. Depending on what caused the accident, victims of this type of truck accident may be able to hold multiple parties responsible, including the truck driver, trucking company and manufacturer of the truck parts.

According to New York fatal truck accident lawyers, the families of truck crash victims may be able to recover compensation for pain and suffering, medical and funeral expenses, loss of consortium and other damages.

]]> Roadside Inspections

The New York State Department of Transportation conducts frequent roadside investigations of trucks. These inspections include verifying that the truck driver is fit to drive (and not under the influence of drugs or alcohol), that the truck driver has kept his or her log book up-to-date and that the truck is in good condition. Occasionally, inspectors will go more in-depth, looking under the hood of the truck and verifying that the truck has been adequately maintained. The Department of Transportation issues citations whenever a truck or truck driver does not meet trucking regulations.

According to the Federal Motor Carrier Safety Administration (FMCSA), the truck company operating the truck - Roseys Express -was cited for at least 12 violations in the last year alone. This includes a citation for defective axle parts. The owner of the semi truck - Certified Steel - has also been cited 10 times in the last two years.

Investigators are looking into the cause of the I-95 truck accident, but have said this will be a lengthy investigation.

Source: Lohud.com, "Trucker in I-95 Death Says He Learned of Axle Loss From Cops," Colin Gustafson, August 17, 2011

Bus Accidents in Pennsylvania and New York

2011-08-22T16:50:38Z

It seems the moment we get done reading about one bus accident is the moment another one appears in the news.

On the morning of Saturday, August 13^th, a Greyhound bus rolled over on the Pennsylvania Turnpike. Fourteen people were injured, including the bus driver. Thankfully, no one was killed.

This bus crash follows on the heels of yet another New York tour bus accident. On August 3^rd, a bus owned by Princeton Holdings drove off the road and rolled over. Of the thirty passengers aboard the bus, nineteen people were injured, none seriously. This bus crash was the third New York bus accident in three weeks, including a July 17^th bus accident in Waterloo that killed one person and a July 22^nd bus accident in Cohocton that killed two people.

Both of the most recent Pennsylvania and New York bus accidents are still under investigation. However, as New York City bus accident attorneys, we question the cause of these accidents. Did bus driver negligence play a role? Were the buses adequately maintained? Is the bus company liable?

]]> Bus Safety Examined After Series of Bus Accidents

As we have reported in previous blog posts about New York bus accidents, the large number of bus accidents that have occurred this summer have prompted the state and federal governments to review bus safety regulations.

Congress is considering the Motorcoach Enhanced Safety Act of 2011, which could make seatbelts and other safety features mandatory on all buses. However, the Act does not currently address driver negligence, such as driver fatigue (which, according to the National Transportation Safety Board, is the number one cause of tour bus accidents).

The U.S. Department of Transportation is also planning a National Motorcoach Safety Summit in Washington D.C. The summit will take place on September 23^rd and will hopefully lead to an action plan to increase bus safety and decrease bus accidents.

Meanwhile, New York has suspended the operating licenses of eight bus companies for their failure to adhere to safety rules. Many of these companies have failed bus inspections, including roadside inspections and semi-annual inspections. The New York State Department of Transportation has drastically increased its rate of inspections, performing nearly 3,000 inspections in just four months (compared to slightly over 600 roadside inspections last year).

Source: Associated Press, Co. Talks to Driver in Pa. Bus Crash That Hurt 14