Sackstein Sackstein & Lee, LLP by cjleclaire
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Slip and Fall Accident: Woman’s Fall Down Cellar Results in Serious Injury
by cjleclaire
Oct 27, 2017 | 3410 views | 0 0 comments | 330 330 recommendations | email to a friend | print | permalink

You may think of a slip and fall accident as not being serious, but people often suffer severe injuries from slip and fall accidents. Some even die from concussions.

Slip and Fall Accident Caught on Video

An unusual slip and fall accident occurred with a woman last June in Plainfield, N.J in front of Acme Windows on Somerset Street. CBS New York  reported that a 67-year old woman tripped over a cellar door that was left open and fell into a basement. The accident was caught on video. She appears to be looking at her cell phone right before the fall, and most people would conclude she was simply distracted and did not see the open door.

What people watching the video would not realize though was that the woman was legally blind and a diabetic.

The woman’s son said she eats regularly and checks her sugar periodically. When she felt slightly nauseous, she checked her phone to see what the time was. Seconds later she fell. Fire crews arrived to rescue her and pulled her out on a stretcher.

The woman’s blindness makes it difficult for her to see blended colors, according to her son. Workers doing pipe repairs had left the cellar doors open. If they had put out colored cones, she probably would have been alerted to the open doors.

The woman suffered a serious injury but later her condition became stable.

Legal Implications Involved in Slip and Fall Accidents

Property owners have a have a legal responsibility to ensure there are no hazards for people coming onto their property. In this case city workers are responsible for creating a safe environment. The handicaps of disabled people are something that people who do not have disabilities may not take into consideration.

If you experience a slip and fall accident on someone else’s property and you consider property conditions were unsafe, get a legal opinion.

Sackstein Sackstein & Lee, LLP  has decades of experience representing clients in all kinds of cases. We can investigate an accident, establish liability and help you recover compensation to offset damages.

 

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Tesla Fatal Car Crash: NTSB Reveals Need for Safeguards
by cjleclaire
Oct 19, 2017 | 4728 views | 0 0 comments | 341 341 recommendations | email to a friend | print | permalink

The National Transportation Safety Board (NTSB) investigated the Tesla fatal car crash that occurred in May of 2016. The Tesla semi-automated car driven by Joshua Brown crashed into a tractor-trailer and hit it broadside as the trailer made a left turn. More than a year later after the crash, in September 2017, the NTSB stated that Tesla should have had more operation limitations on drivers of semi-automatic cars.

Facts About the Tesla Fata Car Crash

The New York Post reported that the accident occurred in Williston, Florida (southwest of Gainesville) at an intersection. Joshua Brown had set the cruise control for 74 mph two minutes before the crash occurred. The speed limit was 65 mph and neither the driver nor the autopilot sensors noticed the tractor-trailer and consequently neither applied the brakes. An under-ride accident occurred with the car passing under the trailer.

Tesla’s Response to the Accident

In June 2016, Tesla said that Autopilot “is not perfect and still requires the driver to remain alert.”

Brown’s family released a state in September that stated, “We heard numerous times that the car killed our son. That is simply not the case,” the family’s statement said. “There was a small window of time when neither Joshua nor the Tesla features noticed the truck making the left-hand turn in front of the car.”

The statement went on to say, “People die every day in car accidents. Change always comes with risks, and zero tolerance for deaths would totally stop innovation and improvements.”

The family’s lawyer and spokesperson for Tesla declined to answer whether Tesla and the family had reached a legal settlement.

NTSB Holds Tesla Accountable

Certainly the truck driver and car driver had responsibility in not noticing each other’s vehicles. However, the NTSB also holds Tesla accountable. The Board believes the car needs safeguards such as the following:

  • Ensuring drivers paid attention and preventing over reliance on the automatic driving.
  • Allowing drivers only to use the system on highways and limited-access roads as the owner’s manual recommends.
  • Restricting use on roadways with cross traffic since the autopilot system does not reliably detect cross traffic.
  • Including further limitations to prevent drivers from misusing the system.

Semi-automatic cars are the bridge between driver controlled cars and completely automated cars. Accidents can occur until the correct balance is achieved and automation changes can actually prevent human errors.

Sackstein Sackstein & Lee, LLP focuses its practice primarily on personal injury cases.

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by cjleclaire
Sep 25, 2017 | 8506 views | 0 0 comments | 704 704 recommendations | email to a friend | print | permalink

Crane accidents in the construction industry are relatively common, and this is because of the inherent dangers involved with operating cranes.

In June of 2017, PIX 11 reported a crane accident in Queens, where two injured workers were in critical condition and rushed to a hospital. The third worker, who was finally also extracted, was in serious condition and hospitalized. The accident occurred at 31-25 28th Road in Astoria. The crane’s load fell through the building after being placed on the roof. The roof caved in and trapped the workers.

Crane Collapse

At first, reporters thought the crane load accident was caused by crane collapse. This assumption was not unusual because crane collapse happens fairly often in the construction industry. Live Science  published an article about Phillip Ezzell, a former crane operator and the CEO of Crane Safety Associates of America, and he said that crane collapse accidents are an inherent danger in construction projects.

To make his point, he gave various examples of crane accidents. One occurred in Manhattan in 2008 when a crane collapsed and killed seven people and injured more than 10 people. Then a few months later, another crane accident killed two construction workers in Manhattan. In the same year, a crane lifting beams over a Texas river from an old bridge became overloaded and collapsed, killing one worker and injuring another. During the same year, a crane collapsed in a Houston oil refinery. It killed four workers and injured seven.

The Occupational Safety and Health Administration (OSHA) set new standards for crane safety in 2008, and violations of the safety rules, may provide grounds to take legal action for workers injured in crane accidents.

Get Legal Help with Crane Accident and Construction Accident Injuries

If you suffered serious injury in a crane accident or construction accident, get a legal opinion about pursuing compensation.  Sackstein Sackstein & Lee, LLP  offers a free consultation to discuss a potential claim.

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Crane Accidents in the Construction Industry: Inherent Dangers
by cjleclaire
Sep 25, 2017 | 8358 views | 0 0 comments | 580 580 recommendations | email to a friend | print | permalink
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Three People Die, Two Ejected, in Medford Long Island Car Accident
by cjleclaire
Sep 25, 2017 | 7737 views | 0 0 comments | 517 517 recommendations | email to a friend | print | permalink

Three people died in a Medford, Long Island car accident when a car crashed into an SUV on August 15, 2017.

ABC 7  reported that Suffolk County Police arrived at the accident scene and found that Dominick Lopez, who was driving a 1995 red Honda Civic had lost control of his vehicle and crossed the double yellow line while traveling south on Station Road in Medford. His car crashed into a northbound 2016 Nissan Pathfinder.

Lopez and his passenger Derek Buff were ejected during the accident and were pronounced dead at the scene. Lopez, who lived in Shirley, was 20, and Buffa, who lived in Mastic Beach, was 23.

The backseat passenger in the Nissan, a Seldon resident, Aida Cardenas age 67, was transported to Brookhaven Memorial Hospital Medical Center. She died from her injuries at the hospital.

The Pathfinder driver, who was age 41 and his wife, age 33, both residents of Bellport were hospitalized. The couple’s 11-year-old and one-year-old sons were also treated and none of them had life threatening injuries.

Facts about Car Ejection Accidents

As you might suspect, people who aren’t wearing seat belts have a higher rate of ejection in accidents than people wearing seat belts. According study results published at US Roads, the ejected rate for unbelted passengers or drivers is 15.38 times greater than people wearing safety belts.

In fatal crashes, 2.49 percent of belted persons were ejected, whereas, 29.43 percent of unbelted persons were ejected.

When comparing different types of accidents, rollover accidents had the highest occurrence of ejections. Rollover accidents also typically involved vehicles traveling at high speeds and people in certain vehicle types, such as light trucks.

For Serious or Fatal Accidents, Seek Legal Help Immediately

Our lawyers at Sackstein Sackstein & Lee offer a free consultation to evaluate the accident and determine whether negligent parties were to blame. We seek compensation for damages and can help injured victims pay for medical costs related to serious injury.

Sackstein Sackstein & Lee, LLP focuses its practice primarily on personal injury cases.

 

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Vehicle Crash in Queens Involved Fire Truck
by cjleclaire
Sep 14, 2017 | 9252 views | 0 0 comments | 518 518 recommendations | email to a friend | print | permalink

A vehicle crash in Queens occurred on Saturday, August 26, when a fire truck on its way to put out a fire in Flushing crashed into a Lexus SUV, which then collided into another vehicle. Ten people suffered injury from the three-vehicle accident.

Vehicle Crash in Queens Details

After the fire truck collided into the Lexus SUV, the SUV crashed into a Mercedes SUV. NBC New Yorkreported the accident occurred at Kissena Boulevard and Booth Memorial Avenue, near Kissena Park in Flushing.

Out of the 10 injured people, seven were hospitalized. The worst casualties where a child, who was in serious condition and an adult who was in serious condition but then was upgraded to stable condition. A firefighter and two other people suffered from minor injuries, and emergency personnel treated them at the accident scene.

The accident happened around 10:30 a.m., and the truck was only about five minutes from where the fire was, on the ninth floor of a 25 story building, a few blocks away. Firefighters were able to put out the fire within about a half hour.

Legal Implications of the Vehicle Crash in Queens

An accident investigation would determine whether any party was negligent and therefore responsible for causing the accident. What are the possibilities? Did the Lexus SUV driver pull over when hearing the fire truck siren and seeing the flashing lights? Was the fire truck driver reckless when crashing into the SUV?Certainly the Mercedes SUV might have a case if anyone in that vehicle was seriously injured. A neighbor reported that the Mercedes rolled over onto its side and a number of its windows were smashed. If manufacturing defects led to the rollover, the injured party in the Mercedes SUV could hold the manufacturer accountable for damages.

Seek Legal Help to Get an Opinion about Pursuing a Claim

Negligent parties can be sued for injuries that meet the serious injury threshold set by NY law. Sackstein Sackstein & Lee, LLP  has decades of experience representing clients in car accidents cases and can investigate an accident and help you recover compensation to offset medical and other related costs.

 

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Investigation into the Cause of Long Island Train/Car Crash Accident
by cjleclaire
Aug 31, 2017 | 9692 views | 0 0 comments | 322 322 recommendations | email to a friend | print | permalink

The National Transportation Safety Board’s (NTSB) released its findings in July for the investigation into a train wreck where a Metro-North Railroad train hit an SUV in 2015.

According to The New York Times , the driver of the SUV, Ellen Brody, 49, got out of her vehicle to inspect it after a crossing arm came down. Then she got back inside and suddenly drove her vehicle forward into the path of the oncoming train. The collision killed the driver along with five passengers on the train. It was the worst accident in the history of Metro-North Railroad history.

Wrongful Death Lawsuit

The driver’s husband filed a wrongful death lawsuit that alleged the railroad was to blame for inadequate signs and flaws in the signal systems at the railroad crossing. However, the NTSB investigation did not find the signal systems to be faulty or that signs were the reason. They concluded that the driver caused the accident, but they could not discern what she was thinking when she drove the car forward.

Investigators devoted considerable time to trying to discover what the driver’s mindset could have been. They questioned the husband about her sleep habits, state of mind, stress, fatigue and alcohol or drug use. She had no alcohol or drugs in her system when the crash occurred, and phone records indicated she was not using her cell phone. Why she got out of the car and then drove it forward remained a mystery.

The NTSB did evaluate that a third rail was responsible for the train being so badly damaged, however. The rail penetrated the railroad cars during the accident, but they should have broken away and not have remained intact. As a result, more than 650 passengers were trapped aboard the train.

This factor is left for Metro North to further look into so that the current third rail system does not pose a risk for severe damages and injuries when accidents take place at or near grade crossings.

Have You Been Involved in a Serious Train/Car Crash Accident?

Sackstein Sackstein & Lee, LLP  assists families with loved ones who are severly injured or die in train or car crash accidents. We offer a free consultation to discuss your accident and determine whether you have grounds to pursue compensation.

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Grand Central Parkway Car Accident Involves Four Cars, Two Deaths and Seven Injuries
by cjleclaire
Aug 16, 2017 | 7911 views | 0 0 comments | 375 375 recommendations | email to a friend | print | permalink
by Sackstein Sackstein & Lee, LLP

On Sunday morning, July 17, a Grand Central Parkway car accident took the lives of two people and left seven others injured. The accident occurred near 188th St. in Jamaica Estates around 6:30 a.m.

Grand Central Parkway Car Accident Details

Andrew Shakespeare, age 33, lost control of his 2014 BMW SUV when he tried to speed past another car and sideswiped it. The New York Post http://nypost.com/2017/07/17/cops-arrest-suspected-drunk-driver-in-deadly-queens-wreck/ reported that after losing control, his vehicle cut across three lanes and struck a Nissan SUV. Then both vehicles collided through a metal divider, entering eastbound lanes. A woman driving east in her Mercedes SUV rolled her car after she swerved to miss the two cars. Her car landed on the highway shoulder.

Deaths and Injuries

Two passengers in Andrew Shakespeare’s BMW SUV were ejected, Akeam Grant, age 16, and Layon Campbell, age 24. Both died. Akin Grant was thrown from the backseat and died at the accident scene. Layon Campbell was transported to Elmhurst Hospital Center where he died several hours later.

The other seven people suffered minor injuries and were treated at nearby hospitals. Shakespeare was taken to Long Island Jewish Hospital and only suffered from a minor head injury.

Police arrested Shakespeare after he refused to submit to a sobriety test and charged him with manslaughter, vehicular manslaughter, aggravated vehicular homicide, reckless endangerment, DWI and reckless driving.

For Serious Car Accident Injuries and Fatalities, Seek Legal Help Immediately

When a loved one dies in a car accident or is seriously injured and someone else is at fault, consult with an attorney as soon as possible. Our attorneys at Sackstein Sackstein & Lee can evaluate the accident, identify liable parties and hold the parties accountable. Seeking compensation for damages can help families recover expenses and help an injured victim pay for medical costs due to serious injury.

Sackstein Sackstein & Lee, LLP primarily focuses its practice on personal injury cases.

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Queens Construction Site Accident Injures Workers in Long Island City
by cjleclaire
Jul 26, 2017 | 9190 views | 0 0 comments | 491 491 recommendations | email to a friend | print | permalink

On June 26, when a scaffolding collapsed, six construction workers suffered injury at a Queens construction site accident in Long Island City.

The incident occurred at 42-20 27th Street, between 42nd Road and Queens Plaza South, according to ABC7NY.

Workers were doing construction on the building’s fifth floor and pouring concrete when the scaffolding failed. All injuries were non-life threatening, but some injuries were serious.

NBC New York reported that the Department of Buildings stopped the work and issued the contractor an aggravated violation for failing to maintain a safe site.

High Fatality Rates Due to Construction Site Accidents

In August 2016, CBS News ran an article that reported one in five worker fatalities in 2014 occurred in the construction industry. The top causes of construction worker deaths were falls, electrocutions, being struck by an object and being caught between objects, equipment or material.

What NY Laws Protect Construction Workers?

New York Labor Law Section 240 (1) has provisions to protect workers that use ladders and scaffolding. Building agents and contractors must properly maintain scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices so workers are not at risk for accidents and injury.

In fact, scaffolding must be constructed to bear four times the maximum weight required when in use.

Violations of NY Labor Law that cause construction site accidents can make contractors and building owners liable for damages.

For Serious Construction Site Accidents, Seek Legal Help Immediately

When a construction worker is seriously injured or dies in a construction site accident and you suspect a contractor or building owner was at fault, consult with a lawyer as soon as possible. Our attorneys at Sackstein Sackstein & Lee can evaluate the accident and hold liable parties accountable. Seeking compensation for damages can help a family member recover from a serious injury or help the family deal with the consequences of a tragic fatality.

Sackstein Sackstein & Lee, LLP primarily focuses its practice on personal injury cases.

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Deadly Truck Accident in Long Island City, Queens
by cjleclaire
Jul 12, 2017 | 11254 views | 0 0 comments | 421 421 recommendations | email to a friend | print | permalink
by Sackstein Sackstein & Lee, LLP | Jul 7, 2017

On Saturday, June 24 around 6:00 a.m., a car crashed into a tractor-trailer in Long Island City, Queens.

According to CBS New York , the driver of the car crashed into a tractor-trailer, and the collision sheered off the top of the car as it slid under the truck. The police believe the driver of the car ran a red light and broadsided the big rig while traveling on Queens Boulevard. The driver, 28-year-old Steven Narvaez died at the scene of the accident. Emergency personnel took his passenger, a 17-year-old girl, to Elmhurst Hospital where staff evaluated she was in critical condition.

The truck driver was unharmed and remained at the scene. It appeared that police conducted a sobriety test on the truck driver and officials are investigating the crash, but made no arrest.

Truck Accidents

The Federal Motor Carrier Safety Administration (FMCSA) heavily regulates the trucking industry. Truck drivers are subject to regulations that limit the number of hours they are allowed to drive. Most trucks have an electronic control module (ECM), also called a black box. The ECM records data about the truck operation, such as times driven, speed, braking, etc.

Truck Accident Statistics

An estimated 500,000 truck accidents occur annually. However, the US Department of Transportation reports that passenger vehicle drivers are responsible for more than 75% of the accidents.

In 2015, 16 percent of the deaths in truck accidents were truck drivers, 69 percent were occupants of passenger vehicles and 15 percent were pedestrians, bicyclists or motorcyclists according to the Insurance Institute for Highway Safety (IIHS).

For Serious or Fatal Truck Accidents Seek Legal Help

When another driver causes a serious accident, you should seek legal help as soon as possible. Sackstein Sackstein & Lee, LLP  has extensive experience dealing with truck accidents and other vehicle accident cases and can help you protect your rights to recover compensation.

 

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