Man injured in 3-car New York pile-up

  • 02
  • January
    2014

A three-car crash occurred on the New York State Thruway in the early evening of Dec. 22. Authorities do not believe that weather was a contributing factor in the chain reaction car accident. Investigators believe the primary cause was actually distracted driving. State police say that the roadway was dry and that traffic was moving at a crawl when the accident occurred at approximately 6:30 p.m.

According to reports, one eastbound car rear-ended the vehicle in front of it near the Batavia exit, and the second vehicle then rear-ended the next car in the line. The man who was driving the first car was airlifted to Strong Memorial Hospital because he suffered from serious injuries. The driver of the second car only suffered minor injuries and was treated for them at the scene. The third driver in the accident was not harmed.

Authorities closed the section of the Thruway for approximately 30 minutes in order to wrap-up the investigation and clear the scene of wreck. However, traffic remained backed up for a several additional hours.

The first thing expected of accident victims is to file an accident report with the police. After filing the report, some accident victims seek treatment for any injuries that they may have suffered. Once all of the necessary information has been gathered, it may be possible for accident victims to file a legal claim for compensation. Because insurance companies are supposed to automatically provide coverage for their clients for any injuries and lost wages, claims against the at-fault driver can only be filed if that driver was entirely responsible for the accident and the victims suffered serious injuries.

Source: WGRZ, “Man Seriously Injured in Thruway Accident“, December 22, 2013

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Icy road accidents kill, injure and strand motorists

  • 20
  • December
    2013

On Dec. 8 in New York, an enormous vehicle pileup took place on the Bronx River Parkway just north of New York City at about 11 p.m. Thirty-five people were injured; however, according to the Westchester County Police Department, injuries were less serious than they could have been due to the fact that the vehicles were all traveling slowly.

On the same day near Morgantown, Pennsylvania, a pile-up on the Pennsylvania Turnpike involving 50 vehicles left the driver of one of those vehicles dead and stranded motorists in the dozens for seven hours during a snowstorm. The deceased driver died when he was struck by another vehicle after exiting his car at approximately 12:30 p.m.

There have been several other highway closings and stranded motorists due to weather on the Arizona-Utah border and along Interstate 81 in Maryland. In west Texas on Interstate 10, there was a fatal multi-car pileup that left dozens of motorists stranded in their cars for 26 hours. One traveler, who was headed to Dallas Fort Worth Airport with his wife and their toddler, said that they were stuck near exit 380 for 11 hours and on the highway for 26 hours. He also said there was two inches of ice covering the whole road.

When bad weather and unsafe road conditions lead to serious car accident injuries for drivers, insurance claims might be denied based on allegations that those drivers were possibly driving too fast for the conditions. It might be possible for a legal professional to use the official accident investigation reports to prove that the accident was unavoidable.

Source: ABC, “New York Car Pile-Up Latest in Series of Icy Crashes“, Liz Fields, December 09, 2013

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Grandmother of U.S. Olympic luger dies in car accident

  • 19
  • December
    2013

The grandmother of a 2014 U.S. Olympic luge team member Erin Hamlin was killed in a head-on collision in the upstate New York town of Trenton Dec. 9. According to police officials, the 75-year-old woman, a Remsen resident, was a passenger in a car that lost control and crashed head-on with an oncoming vehicle. She was pronounced dead at the scene of the accident. The driver of the car in which she was riding is being treated at a Syracuse hospital for multiple injuries. The driver of the other car escaped with minor injuries.

Road conditions were described as slushy. It has not been acknowledged whether this contributed to the fatal car accident.

In the aftermath of injury accidents, a lawyer representing the injured plaintiff in a case like this one may bring a civil suit against the responsible party to ensure proper compensation for medical expenses, loss of wages during recovery and repairs that the other driver’s insurance policy may not fully cover. Insurance policies will not likely cover non-economic losses such as pain and suffering or emotional distress. This can be a hardship for victims and their families.

In this particular case, the surviving family members may choose to pursue damages for wrongful death, including loss of companionship and funeral expenses. In some cases, more than one liable party may be pinpointed in an accident; fatal highway accidents may be due, for example, to deficient roads that were not maintained in a manner appropriate for seasonal conditions. An attorney may be able to help determine if improper road design or maintenance such as poor grading contributed to the accident. If so, other entities may share in the responsibility for the accident.

Source: Kansas City Star, “Grandmother of US luger killed in car crash in NY“, December 10, 2013

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Nissan recalls 2,529 NV200 vehicles for stalling issue

  • 06
  • December
    2013

New York Nissan owners should be aware that Nissan announced a recall on 2013 model NV200s that were manufactured between Feb. 6 and Aug 2. The recall was expected to affect 2,529 vehicles.

According to the National Highway Traffic Safety Commission, the battery terminal fuse could blow. If this happens, the vehicle could stall. The NHTSA stated that the problem lies with the vehicle’s wiring harness, which connects the fusible link to the battery fuse terminal. The protective covering could potentially be worn away, which would result in the wires touching the fusible link. This could potentially cause a short circuit and cause the fuse to blow. If the fuse blows, the fuel pump would quit working and cause the engine to stall. If this happens while the vehicle is being driven, a car accident could potentially occur.

A spokesperson for the automaker stated that no injuries or accidents had occurred as a result of this issue. Dealers were instructed to apply a protective coating to the wires and reposition the placement of the wiring harness.

A car crash caused by a vehicle malfunction could leave the vehicle’s occupants and others with serious injuries or even death. Injuries may include traumatic brain injuries, internal injuries and broken bones. If a person manages to survive their injuries, they may remain permanently disabled or suffer a long rehabilitation period.

In most car accident cases, those who were injured usually file a personal injury lawsuit in order to seek compensation from the responsible driver and their insurance company. However, those who were injured as a result of a vehicle malfunction or a defective design may be eligible to file a lawsuit against the automaker, especially if they were aware of the defect.

Source: Auto World News, “Nissan Recall: 2,500 2013 NV200 Vehicles called back stalling issues“, Matt Mercuro, December 02, 2013

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Hospital pays millions to veteran in malpractice case

  • 27
  • November
    2013

Veterans in Dutchess County, New York and all around the nation are taking note of a ruling in a medical malpractice case that was filed against the John Cochran VA Hospital in St. Louis. The case involves a man who was left seriously disabled after receiving medical care at the hospital.

The 43-year-old man originally went to the veterans’ hospital because he was experiencing chest pains. Based on the recommendation of doctors, the man had a heart stent surgically inserted through his thigh. After the surgical site began to bleed and swell, the man was readmitted to the hospital to undergo an arterial repair procedure. During the surgery, the man lost a significant amount of blood, and doctors found that the surgical site had become infected. The amount of blood lost in the surgery left the man with a permanent brain injury, and the infection became so severe that the man’s leg had to be amputated.

The man’s brain injury left him with severe paralysis and a very limited ability to communicate. A judge in U.S. District court awarded the veteran and his wife, who have three children, a combined total of $8.3 million. According to reports, the John Cochran VA Medical Center has been plagued by claims of sub-par medical care in recent years, with accusations ranging from misdiagnosis and unnecessary treatments to issues with medication dosages and unsanitary conditions.

Those who have suffered a personal injury resulting from a medical mistake may benefit from a consultation with a legal professional. Attorneys working in the area of medical malpractice may be able to demonstrate negligence on the part of the medical facility and negotiate compensation for clients’ pain and suffering.

Source: St. Louis Today, “St. Louis man wins $8.3 million malpractice award against John Cochran VA hospital“, Blythe Berhard, November 19, 2013

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$26 million award for disabled child after hospital negligence

  • 21
  • November
    2013

A New York child has been awarded a large amount of money by a New York jury after hospital negligence led to his disability. The hospital claims that they were not at fault and promises to appeal the award.

The child was born in 2007 at New York Methodist Hospital. According to reports, he was discharged in less than two days, even after his mother complained that the child’s eyes were showing signs of yellowing. The mother was told by nurses at the hospital that the issue would go away. After leaving the hospital, the child continued to get worse. Eventually, his mother took him to Kings County Hospital. There, doctors diagnosed him with severe jaundice which resulted in severe brain damage despite two blood transfusions.

The child is now permanently disabled and unable to move his limbs. He cannot speak, even though he is now six years old. The child’s mother has won a lawsuit against the hospital for their failure to diagnose and treat the child’s disease. A jury has awarded the child a total of $26 million, enough to provide for the full time care that the he will need for life. Though the mother is grateful for the award, she points out that she would rather have a her son’s health back.

Others who have experienced similar treatment at hospitals may have a medical malpractice claim. As noted by the report, jaundice in children is common, but treatment of the problem is necessary. An attorney who is knowledgeable about medical negligence cases may be able to analyze the actions of the medical staff and properly assign fault. The attorney may then be able to bring a lawsuit in civil court to recover for damages.

Source: New York Daily News, “Disabled Brooklyn boy awarded $25 million in untreated jaundice case against New York Methodist Hospital“, Doyle Murphy, November 19, 2013

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Hit and run car accident closes highway lane, sends 1 to hospital

  • 11
  • November
    2013

Dutchess County, New York residents following the news updates on accident investigation in the Hamptons were given the following information as authorities discovered it. At 7:40 a.m. a rollover car accident occurred on Sunrise Highway, closing one land of eastbound traffic and sending one person to the hospital with injuries. By 9 a.m., New York State Police revealed that the accident might have involved two cars, and the right line of traffic between highway exits 64 and 65 had been closed for the investigation.

Also at 9 a.m., police reported that the individual in the vehicle that had rolled over was transported via helicopter to Stony Brook Medical Center, but they had no information on the motorist’s status. Later, police identified the injured person as a 53-year-old woman from East Moriches. They revealed that she suffered a number of broken bones when another vehicle struck her blue Ford pickup truck and she remained hospitalized at Stony Brook, according to the New York State Police.

The woman’s pickup was hit as she traveled eastbound on Sunrise Highway. It was forced off the road and rolled over, striking several trees before it came to a rest. The driver of the other vehicle fled the scene and was being actively sought by police.

Car accident injuries from a hit and run can mean pain and suffering, lost wages and high medical expenses. Retaining an attorney may be able to help individuals recover these and other damages in court or through working to arrange a settlement. Filing a claim against another driver might be made easier with the assistance of a lawyer with a background in litigation after a car crash causing serious injury.

Source: 27east.com, “UPDATE: Police Identify Woman Injured In Sunrise Highway Crash On Thursday“, Kyle Campbell, November 03, 2013

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16-year-old faces vehicular homicide charges in death of teens

  • 06
  • November
    2013

A 16-year old has been arrested and charged with aggravated vehicular homicide in the death of two teenagers who were passengers in his car when it was involved in a violent crash in Pine Planes. Two other passengers in the car received minor injuries and the driver sustained serious injuries in the crash. One of the teenagers killed had been credited in 2009 with saving the life of a middle school principal who had been taken hostage by a gunman.

Police say their investigation revealed that the 16-year-old was under the influence of marijuana and speeding at the time of the crash, both of which were factors in the accident. They claim that the young man’s reckless driving while impaired caused the death of his two teenage passengers. After arrest, he was released under electronic monitoring. If convicted, the 16-year-old could spend up to 25 years in prison.

Serious car crashes often result from drivers behaving recklessly or failing to direct their full attention to driving while behind the wheel. Victims of these crashes are often left with grave injuries which require that they make major adjustments to how they live. Many lose limbs or sustain traumatic brain and spine injuries leaving them with diminished cognitive and ambulatory abilities. Some victims lose the ability to care for themselves due to paralysis and other permanent disabilities which require that they have constant care and supervision to perform basic personal care functions.

Economic damages are available to persons who suffer car accident injuries through no fault of their own. These can include reimbursement for necessary medical care and compensation for lost earnings and loss of the ability to earn a living. An experienced personal injury lawyer might be able to help identify all categories of losses and assist in their recovery.

Source: YNN, “Teen charged in double fatal crash“, Michael Howard, November 04, 2013

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Woman dies in fatal accident at New York intersection

  • 31
  • October
    2013

A 54-year-old New York bus driver has died following a recent crash at the intersection of Ralph and Foster Avenue in Brooklyn. The woman, a 20-year veteran of the city’s bus service, died at a nearby hospital following the car accident. The 22-year-old driver of the other car has not been charged, but he is reportedly in the hospital.

Surveillance footage from the scene indicates that the victim’s vehicle was hit after the 22-year-old man ran a red light at the intersection. The woman’s car veered out of control and impacted a tractor-trailer, the driver of which is said to have escaped the incident without injury.

For those who have been injured in an auto accident like this one, medical expenses and lost wages due to missed work during their recovery may prove to be an overwhelming hardship for themselves and their families. Furthermore, fatal accidents may leave behind dependents who are unable to care for themselves without the decedent’s financial support. As a result, the consequences of these kinds of accidents may well extend beyond the scope of those directly involved.

In the aftermath of a fatal crash, an attorney representing the plaintiffs may initiate a civil action against the responsible party to secure compensation for the surviving family of a deceased victim by demonstrating the other party’s liability for the collision. In this case, an attorney representing the woman’s family, should they choose to file a claim, might point to the surveillance footage of the other driver running the red light as hard evidence that he failed to follow the rules of the road. In abandoning his duty of care to other motorists, the attorney might argue, he was acting negligently.

Source: NY1, “City Bus Driver Killed In Auto Accident On Way To Work“, Magee Hickey, October 22, 2013

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Central New York accident kills woman on bicycle

  • 23
  • October
    2013

A woman may have run out of space on the shoulder of the road where she was cycling prior to being hit by a pickup truck operated by a distracted driver in Kirkland. The 74-year-old woman, of Clark Mills, was riding her bicycle north on Fountain Street just before 3 p.m. A 68-year-old man from Sauquoit was also going north, driving a pickup truck. The driver told police that he turned to look at a soybean field to his left, and that, when he turned back, the woman on the bike was in his lane. The truck collided with the pickup truck.

The woman sustained serious injuries to her head and internal organs. She died at the accident scene. She was not wearing a helmet at the time of the car accident. The man driving the pickup truck was not injured.

It appears that two occurrences may have contributed to the accident. First, near to the area where the accident occurred, the road narrowed and the shoulder ended, thereby forcing the cyclist further left in the lane. Second, immediately prior to the accident, the driver of the pickup truck was distracted. Police do not intend to charge the pickup truck driver.

Where a truck hits a person riding a bicycle, the cyclist is extremely vulnerable to injury because he or she does not have the structural protection afforded to the driver of a car or truck. Consequently, the injuries suffered by cyclists in such collision can be catastrophic. With help from a qualified personal injury attorney, the cyclist’s family may be able to recover compensation for the losses that resulted from the accident. If the family is proceeding on the theory of wrongful death, recovery might include benefits had the decedent lived, future earnings, future support and lost inheritance.

Source: Syracuse.com, “Update: Pickup truck driver ‘looking into soybean field’ hit, killed 74-year-old bicyclist not wearing helmet“, Catie O’Toole, October 21, 2013

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