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New York City Personal Injury Blog

The right bicycle safety gear is a must

It doesn't matter if you ride your bicycle to and from work every day or only jump in the saddle on the weekends, it's critical to wear safety gear to protect you against serious injury in the event of an accident.

Even the safest bicyclists have the potential to be part of an accident, with common causes including:

  • Reckless drivers, such as someone who runs a red light
  • Opening doors, such as after a driver parks their vehicle on the side of the road
  • Unsafe road conditions, including potholes, loose gravel and slick substances

Dangers of Electronic Smoking Devices

Compact electronic smoking devices, widely known as e-cigs or vapes, have been linked with property damage and personal injury after malfunctions have caused them to catch fire or explode. Vape pen devices malfunctioning have been the root of hundreds of injuries ranging from second and third degree burns to fatal explosions. These explosions have happened as a result of manufacturers using poorly sourced lithium ion batteries. 

How New York drivers can avoid crashes in winter

In New York and some other states, the number of auto accidents inevitably goes up during the winter. Car tires lose traction on roads that are wet, icy or snowy, and sudden maneuvers can cause the cars to skid or slide around. For this reason, drivers should try to limit their excursions to those that are truly necessary.

In the event that they must head out, drivers are to be mindful of their speed. In some cases, they may even have to lower their speed to what is below the posted limit. They should also be aware that a car's stopping distance is longer on icy roads. By maintaining a greater distance from the vehicle in front (at least five to six seconds is recommended), drivers can avoid a rear-end collision.

Hernia Mesh-Defective Medical Device

Hernia mesh is a surgical implant, often made of a synthetic plastic called polypropylene, that reinforces torn or damaged tissue around hernias and strengthens it as it heals. Hernia mesh is used in about 90% of hernia repair surgeries in the United States. Hernia mesh products include patches that are designed to go over or under the damaged tissue, plugs that fit inside the hole in the tissue, and sheets that can be custom cut and fitted for the patient's specific hernia. While hernia mesh can prevent a hernia from recurring, it can also cause serious complications. The complications include, but are not limited to: infection, bowel obstruction, severe pain, mesh migration, organ perforation, and hernia recurrence.

Accidental gunshot kills officer in Rochester crash

Most in New York likely have a very clear idea of who is responsible for covering one injury expenses in most situations. In the case of a work-related injury, an employer's workers' compensation plan provider should cover it. When a car accident occurs, people rely on financial assistance from their auto insurance companies. Yet what about cases where both of the aforementioned conditions meet? There are many for whom driving is an integral part of their job. Who, then, provides coverage when a work-related car accident occurs. 

The recent tragic death of a police officer in Rochester illustrates such a scenario. The man was driving his police vehicle in to work when it suddenly veered off the road and fell into a Ravine. First responders arrived on the scene to find him dead. Yet it was not the crash that killed him; investigators recovered a bullet casing from the driver's side door of the vehicle and determined that the man had accidentally shot himself with his weapon while driving. His fiancee confirmed this when she said that he called her immediately after the gun went off telling her that he was going to the hospital. The bullet entered into the man's thigh and reportedly hit an artery. 

Driving very slowly can cause car accidents, too

When you hear about the connection between vehicle speed and car accidents, it almost always focuses on drivers who break the speed limit. This is dangerous, as common as it is. Speeding can cause accidents, it increases the severity of injuries in those accidents and it makes it harder for people to control their cars.

All that said, it is important to remember that driving too slowly can also become hazardous. The key is the speed difference between two cars. A driver who stays well under the speed limit may think they are making the safe, responsible choice, when they are really increasing the odds of a crash.

Zantac Recall

The U.S. Food and Drug Administration (FDA) publicly announced in September 2019 that dangerously high levels of the carcinogenic substance N-Nitrosodimethylamine (NDMA) have been found in the popular over-the-counter heartburn medication, Zantac. This means that millions of people who have been taking Zantac have regularly been ingesting a chemical that is notorious for causing cancer.

Pharmaceutical giants Sanofi and Boerhringer Ingelheim, who are responsible for manufacturing and distributing Zantac, have been accused of marketing this medication while knowing it contained the cancer causing chemical.

Dram shop liability in New York

You take to New York’s streets in your vehicle every day knowing that the potential of you being involved in a car accident exists. Knowing this, however, does not make it any less frustrating if and when you actually are. Your frustrations may boil over if you later discover that the person who caused your accident was intoxicated at the time. Not only might you question why they chose to get behind the wheel in such a state, but also why an establishment or individual would assist them in reaching said state. That question has prompted many to come to us here at Rosenbaum & Rosenbaum, P.C. asking if they can hold such third parties liable for their accidents.

Dram shop laws allow vicarious liability to be assigned to people, parties, and businesses that provide alcohol to one who then drives drunk and causes a car accident. New York’s dram shop law can be found in Section 11-101 of the state’s General Obligations Law. Here it states that if you or your property suffer injury in a car accident caused by an intoxicated driver, you may have a cause of action against whoever provided that driver with alcohol if in providing them with it, said party violated the law.

Lack of emotional control after a brain injury

While you grew up, one of the key things you learned was how to control your emotions. This is why young children often have tantrums and angry outbursts. They just have not learned this skill yet. It does not come naturally. You learned it over time, so you can keep your emotions in check as an adult.

Then you got into a car accident. You suffered from a traumatic brain injury. Slowly, the major symptoms seemed to fade. You started walking normally, began sleeping well and seemed to put the stress and anxiety behind you.

The age of most drunk drivers

In theory, drunk driving ages are controlled, in that people under 21 years old cannot drink. In practice, of course, people who are underage do wind up breaking this law, so you do have drunk drivers -- who are also breaking the law by driving under the influence -- of all ages.

Even so, you can see that age plays into this equation in many ways. For instance, the majority of drunk drivers in 2017 ranged from 21 years old to 24 years old. That information comes from the National Highway Traffic Safety Administration.

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