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New York City Personal Injury Law Blog

Subtle methods to help your teen drive safely

As a parent in New York, it can be terrifying once your teenager is ready to drive on the streets by themselves. Even though the state has made more enforcements on distracted and drunk driving within the last decade, you still do not have full control over what your child does behind the wheel in this heavy traffic city.

The direct approach does not always work when it comes to teaching your child motor vehicle safety, so you may need to take more subtle actions to influence them into becoming a more careful driver.

Hours-of-service requirements for truck drivers

Traveling on New York's roads for long, uninterrupted periods of time can make almost anyone feel fatigued. A fatigued driver is a dangerous driver given the impact that drowsiness can have on one's reaction times while behind the wheel. Those whose jobs require them to drive for extended lengths (such as truck drivers) are encouraged to not push themselves to becoming physically exhausted on the road, as the Federal Motor Carrier Safety Administration reports that fatigue is cited as a cause in 13 percent of commercial vehicle accidents. 

Refraining from driving can be difficult for truck drivers due to the fact that they are typically only paid when they are driving. Thus, federal laws have been established to govern the hours of service truckers can work. Working hours must be recorded by drivers so that such records can referenced if questions about compliance to these laws arises. 

Why is the drug valsartan being recalled?

As the Food and Drug Administration continues its investigation into a popular medication called valsartan, doctors in New York and other cities are concerned about getting the word out to patients that the drug has been recalled. Doctors prescribed the drug to an estimated 3 million hypertension patients throughout the country, Newsday reports, who may have a supply that doesn’t expire for several months still.

Another issue that may hamper the process of notification is the inability of unsophisticated software to search medical records by patient name, condition or medication brand and production data. Adding to these issues is the concern that tainted medications may have been on the market since 2012 and the contamination was uncovered just recently.

The new, improved guidelines for children who have TBI

Raising a child can be anxiety-inducing. Every parent worries about their child's wellbeing and safety. The last thing that a parent wants for their child is a life-long, potentially debilitating injury. However, this is an everyday reality for hundreds of thousands of families in the United States whose children have suffered traumatic brain injuries (TBI).

If you are the parent of a child with TBI, then you spend a major portion of your time on caregiving. Recently, the Centers for Disease Control released new guidelines regarding the care of minors who have TBI. It is important for you to be up to date on these caregiving guidelines, so that you can provide the best care possible for your son or daughter.

I'm baby-proofing our home; what should I know?

New Yorkers know that baby-proofing their home is part of the process of raising a child and something that should be done by the time their little ones start crawling around. Preventing them from getting into deadly poisons, cleaning products, sharp objects and other harmful things around the home is a priority for their safety. But in today’s world, increased vigilance is called for in keeping them out of harm’s way, and parents must keep an eye out for a variety of potential threats.

The Consumer Product Safety Commission sends out between 400 and 450 product recalls annually, according to U.S. News & World Report. Here are some of the products that are at the top of the list when it comes to the most dangerous products for babies.

  • Slings: Baby carriers and slings that you wrap around your torso and your baby can smother a newborn. Parents should check that their infant’s airway is not blocked whenever they employ them.
  • Dressers: Climbing a bureau may seem like a fun activity for kids. This poses a threat that they’ll overturn the furniture on top of themselves, or dislodge a heavy object on top that may topple over and strike them.
  • Magnets: Powerful magnets that are small enough to swallow can try to join internally, tearing through intestinal tissue or trapping a part of it between them.
  • Jewelry: Beads and metal pieces that make up necklaces, bracelets and other jewelry can come apart and prove a choking hazard. Metal on old jewelry may also contain lead or cadmium.

Delivery cyclists: one of the most dangerous jobs in NYC

Delivering meals on a bike through the streets of New York City is not an easy job. It is probably even harder and more dangerous than you think. Every day, they may fight traffic, bad weather, irate pedestrians and uncooperative doormen. And, they run the risk of being severely injured or killed by the motor vehicles around them.

According to the Department of Transportation, there are an estimated 50,000 delivery cyclists in New York City. In 2017, 4,397 cyclists were injured and 24 died due to motor vehicle accidents. So far this year, nine cyclists have already been killed in traffic collisions.

Bayer says it will no longer sell Essure birth control implants

Following the continuous efforts by health advocates and thousands of women, Bayer announced that it will no longer sell its Essure birth control implant by the end of the year. The permanent birth control method resembles the spring of a ballpoint pen and does not require an incision or invasive surgery. 

The company says the decision to discontinue the device was because of declining sales. The several lawsuits against Bayer and a Netlflix documentary may also have been factors. A sisterhood of women came together to share their experiences of the side effects of Essure. The Facebook group, "Essure Problems" has grown to 38,000 members since 2011. The creator of the group suffers from an autoimmune disorder because of her Essure implant.  

Study links smartphones with MVAs for workers compensation

New York is the home of many different career paths that can be both fruitful and dangerous. With the amount of construction workers, subway operators and taxi drivers we have, there are plenty of moments where a resident could have a serious injury that requires compensation.

Thankfully, the recent advancements in technology have made these dangerous fields much safer to work in. More companies are installing devices or increasing precautions to ensure that their workers do not have a costly accident. However, motor vehicle accidents (MVA) have shown no signs of slowing down for workers in recent years. A recent study by the National Council on Compensation Insurance (NCCI) shows that one of the biggest threats workers face is distracted driving.

Life after a traumatic brain injury

When an accident results in a traumatic brain injury, many aspects of life may change in an instant. Depending on the severity of the accident, some New York victims deal with the effects of the injury for many months, years and even a lifetime. While there may not be a single solution to recovering after a TBI, there are facts to know about this condition and the way it can affect everday life. 

Psychology Today is quick to note in an article on brain injuries that symptoms are not always visible. In fact, many effects of a TBI involve headaches, mood swings and other problems that can prove difficult to pinpoint. Psychology Today also refers to one Danish study that found that those affected by a TBI are roughly four times more likely to develop a mental illness. With that said, the article goes on to stress the importance of identifying those mental illnesses and addressing them appropriately. Even when an accident may not seem serious, symptoms can develop over time.

Workplace injuries and workers' compensation

Most New Yorkers are aware that the state provides workers' compensation benefits, but coming face-to-face with the stressful obstacle of a workplace injury is another story. Not only does an incident affect one's physical wellbeing; it can grip victims with a mountain of mental and emotional stress. While an injury can change one's life forever, the benefits that often apply can make a world of a difference.

The Times Union reported last December that New York is no stranger to workplace injuries; in fact, statewide statistics show a rise in the number of fatal injuries that occurred on the job. New York's numbers rose 15 percent from 2015 to 2016, with a large percentage of all workplace accidents involving transportation. The Occupational Health and Safety Administration points the blame toward the nationwide opioid crisis that has drastically affected Americans both at home and in the workforce. Other causes can be traced back to the industries themselves, as The Times Union goes on to note that health services and even education saw increases in the number of workplace injuries in recent years.

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