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June 2018 Archives

Hours-of-services rules for drivers transporting passengers

Most might view driver fatigue to be a problem that only traditional motorists in New York face, not those that drive for a living. After all, being behind the wheel is a commercial driver's livelihood; why would he or she risk that by not being at his or her best (both mentally and physically) at all times? Yet one might argue that such drivers are at an even greater risk to push themselves beyond their normal limits while behind the wheel in order to maximize the number of hours they can work. This may be the reason why commercial vehicle accidents (including bus accidents) continue to be a problem. Indeed, the Federal Motor Carrier Safety Administration reports that 4,440 large trucks and buses were involved in fatal accidents in 2015 alone. 

Wrongful death lawsuits vs. survivorship actions

When residents of Manhattan lose a loved one due to the negligence of another, most would likely assume that there only course of action to recover any sort of financial compensation for that loss would be to file a wrongful death lawsuit. However, there is indeed another method through which one can sue for damages due to wrongful death: aa survivorship action. Both methods offer the opportunity to assign accountability to a negligent party over one's death, and according to the St. John's Law Review, both methods can be combined in a single case. 

Reviewing the Glasgow Coma Scale

Immediately after learning that your loved one has experienced a brain injury in New York City, your first question is likely to be to what extent can you expect him or her to recover. While providing you with a definite answer may be impossible, the clinicians that treat him or her may be outline certain clinical indicators that can at least offer you an idea of what to expect. Why is such information important in the moment? As many of those that we here at Rosenbaum & Rosenbaum, P.C. can attest to, knowing that may influence your actions when dealing with the aftermath of your loved one's injury. 

Are you an aggressive driver?

People can express aggressive behaviors in many different ways. When people think of aggressive drivers, images of red-faced individuals filled with road rage may pop into their heads. However, there are many forms of aggressive driving, and you may carry out some of those actions yourself.

Drug safety: FDA, doctors must weigh the risks

New York consumers may wonder about the safety of taking certain drugs, even if prescribed by their doctor, when they hear about drug warnings, recalls and lawsuits over a drug with unintended patient results. You may be surprised to learn that the federal government's Food and Drug Administration has no power to initiate a drug recall. The agency can issue alerts and warnings, as it has recently with the diabetes medication canagliflozin (Invokana and Invokamet), but recalls must be made by the manufacturer. A typical consumer's reaction might be something like, "Why was this drug approved in the first place?" But the answer is complicated.

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