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Distracted driving due to cell phone use while behind the wheel is a major cause behind many car accidents in New York. Since 2009, accidents related to texting and cell phone use in New York have risen by a whopping 86% according to comprehensive analyses by TrafficTickets.com based on the DMV data. In 2009 alone, 650 accidents were recorded in New York where a driver was found texting or using a cell phone while driving. By 2018, that number had already increased by 86% to 1,212. Out of these accidents, 924 were caused solely because of cell phone use while driving. There can be a number of distractions resulting from cell phone use during driving. These can include: Talking on or listening to cell phones Texting while driving Using apps and social media while driving, especially in the case of teenage drivers Drivers below 20 comprise the most sizable percentage of those involved in distracted driving accidents in New York. Attending to a call or sending a text might take very little time. However, during that time, the risk of an accident becomes exponentially larger. In fact, during just 5 seconds spent texting, a car traveling at 55 mph can traverse the length of an entire football field without any driver input. The use of Bluetooth hands-free devices that prevent handheld cellphone use while driving has been on the rise. However, despite enabling drivers to keep their eyes on the road, these devices are still not fully effective. Talking on the phone using such a device might not cause a physical distraction but still be responsible for a mental one. Similar danger can result from smartwatch use, especially because most modern smartwatches have texting and calling capabilities. The temptation of looking at their wrists in order to check notifications can increase the risk of drivers manifold. This can be a distraction that significantly increases the chance of injury for the drivers and others on the road. Using a cell phone while driving can put many lives at risk. Drivers who commit this offense can be held liable for accidents and injuries that occur as a result of this activity. Cell Phone and Bluetooth Device Laws During Driving in New York Several state governments have put measures in place to curb cell phone use while driving, especially keeping in mind the consistent rise in car accidents in the United States due to distracted driving. Private employers and other concerned parties have also taken steps to reduce the risk of accidents by banning cell phone use during driving on the clock. There are appropriate provisions in New York State Vehicle and Traffic Law that aim to prevent traffic accidents caused due to the use of cell phones, PDAs, laptops, smartwatches, pagers, and other similar devices. The laws clearly state that: “No individual must operate an automobile while using a portable electronic device while the motor vehicle is in motion.” The prohibited activities include: Holding an electronic device Reading, browsing, saving, sending, accessing, composing, retrieving, or transmitting electronic data like webpages, text messages, and emails Capturing, viewing, or transmitting images Playing mobile games Any violation of this law can put two points on the license and driving record of the concerned driver and bring a fine of up to $250. Federal Texting Ban for Bus and Truck Drivers Since the 26 th of January 2010, people driving commercial vehicles in the United States have been completely banned from using hand-held cell phones and texting during driving. According to the Department of Transportation (DOT), the definition of a commercial vehicle includes these criteria: Vehicles weighing 10,001 pounds or more Vehicles used or designed to carry nine or more people, driver included, in return for compensation Vehicles used or designed to carry 16 or more people, driver included, without compensation Vehicles transporting hazardous materials These restrictions were directly ordered by the DOT and are applicable for bus drivers and truckers across the whole country. Violation of this federal ban can result in fines up to $2,750. Cell Phone Use during Driving Can Be Responsible for Car Accidents When one party sues another for damages caused by a car accident, the person initiating the lawsuit requires to prove beyond doubt that the other involved driver was responsible for causing the accident due to careless driving. In a number of recent cases, plaintiffs have argued that the other driver was negligent and legally liable for their accident and injuries because of the use of an electronic device before or during the collision. Many courts have agreed with this argument. In some other cases, the injured plaintiffs have also been found to have contributed to the car accident due to their own cell phone use. There can be many examples of distracted and careless driving due to cell phone use, including: Driving with just one hand on the wheel. Taking eyes away from the road to handle a cell phone, send a text message, or dial a phone number. Inability to pay adequate attention to surrounding traffic dangers due to distractions brought about by cell phone use (this can also include distractions caused by the cell phone use of a passenger). Getting distracted due to a cell phone conversation, including one using a hands-free device (studies indicate that involvement in any kind of conversation, especially one that is emotionally charged, can cause driver distraction and result in careless driving). Regarding Employees Conducting Business on Cell Phones If an employee was busy in a call or text message related to work during an accident, their employer can be held legally responsible. In such cases, the injured party is more likely to bring a lawsuit against the employer rather than the employee due to the notion that the employer would have more financial resources to pay damages or settlements. This is the main reason why more and more employers completely ban employees from using electronic devices and phones, both issued by work or personally owned, during driving. Cell Phone Use by Children: Are Parents Responsible? In many cases in recent years, a common argument by the plaintiffs has been that parents should be legally liable for car accidents caused by cell phone use by their children. In these cases, a minor child would be using a cell phone during driving that has been provided to them by their parents. While the law on this is still unclear, parents should definitely avoid encouraging their children to use their cell phones during driving. It is also important to keep in mind that many states have specific cell phone laws for novice drivers and teenagers. In these states, there can be more stringent restrictions for teenagers than adults when it comes to cell phone use behind the wheel. Important Points about Insurance Insurance companies have started to sit up and take notice of the close connection between car accidents and cell phone use. Several car insurance websites provide warnings regarding the dangers involved in distracted driving. If you are ticketed for cell phone use while driving or for causing a car accident due to cell phone use, it is highly likely that your insurance premiums would rise steeply. The best strategy to avoid this is to completely eliminate the chance of accidents by removing driver distractions. Important Steps in Building Your Case Here are some of the important steps that competent personal injury attorneys in New York at Rosenberg, Minc, Falkoff & Wolff, LLP will usually suggest to clients: Subpoena the other driver in order to obtain their cell phone records. These can be instrumental in proving that the driver was using their phone during the accident. Conduct witness interviews to determine if anyone observed the driver prior to the crash. If eyewitness accounts show that the driver was looking down, it can point to cell phone use. Ask for video footage from security cameras in the area. Subpoena the motor vehicle record of the other driver to find out if they have a prior history of unsafe driver behavior or traffic accidents. Properly examine the vehicle of the other driver to reconstruct what might have happened. For example, if you find food on the floor, it might be possible that the driver was eating during the accident. Question the other driver under oath during a deposition. Hiring the Best New York Distracted Driving Accident Attorneys If you have suffered financial, physical, and emotional trauma due to a car accident caused by a negligent driver who was using a cell phone, we at Rosenberg, Minc, Falkoff & Wolff, LLP can help you build a strong case and push for compensation. Our skilled and experienced personal injury attorneys in New York will help you collect evidence that determines liability and helps settle your claim for the maximum amount possible. You can get in touch with us for a consultation using our online contact form or by calling us at 212-344-1000. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Sideswiping accidents typically occur when a car driver makes a mistake in judging the distance between their car and other cars on the road or suddenly swerves into an adjacent lane. This can cause severe injuries and even result in death of someone. The Insurance Information Institute reported 940 fatal sideswipe accidents in 2016 alone, according to a study by the Department of Transportation, National Highway Traffic Safety Administration. Understanding Sideswipe Car Accidents According to the National Safety Commission (NSC), a sideswipe accident takes place when two vehicles traveling parallel to each other converge and collide. In most cases, this happens as a consequence of: Wandering from a lane due to distracted driving Failing to properly merge or safely change lanes Wavering from a lane due to impaired driving brought on by alcohol or drug use Overcorrecting when confronted by a road hazard Incorrectly judging the distance between vehicles Sideswiping accidents are common and can occur anywhere at any moment. Every year, 242,000 such accidents happen in the United States, causing an average of 27,000 injuries and 2,500 deaths, according to the NSC. Ascertaining Liability in a Sideswipe Accident According to the Consolidated Vehicle and Traffic Law of New York, “A motor vehicle must be driven as far as possible entirely within a single lane and must not move from the lane until the driver has first determined that such movement can be safely made.” This means that car drivers in New York are obligated to keep to their lanes unless they can practically deem it safe to change lanes. Drivers can change lanes dangerously either by accident or on purpose, because of factors like distractions, fatigue, and blind spots. No matter what the reason may be, the driver who breaks from their lane would most likely be responsible for the sideswipe and would be liable for any resultant collision and damage. Due to the negligence of the driver, their insurance company may also be liable to reimburse ensuing costs and medical bills. Have you or someone you care about faced a severe injury or death due to a sideswipe collision resulting from the negligence of another driver? If yes, you may have a strong case for compensation to cover your damages occurring from physical and mental trauma, lost wages, and medical bills. Causes of Sideswipe Accidents in New York While sideswipe accidents in New York can happen due to a variety of reasons, some of the most common factors include: Drivers who fail to look and check the opposite lane before changing lanes Aggressive swerving between lanes, which can be dangerous to motorists and pedestrians alike Drivers not being able to properly merge while entering highways or interstates Distractions like looking at an accident nearby and taking eyes off the road Driver fatigue brought on by unreasonably long periods of driving Impaired driving brought on by the influence of drugs or alcohol Quick swerving to avoid another vehicle Swerving to avoid a pothole Mechanical failures in the steering mechanism of the car Distractions due to texting or talking on the phone while driving Eating during driving Swerving to avoid objects or debris on the road Sideswipe Accidents: Who is at Fault? Determining fault in a sideswipe accident can be a complicated process. Some of the key factors may include the location of the vehicle within the road lines, their direction of travel, and where they end up on the road. Statements from the involved drivers and nearby witnesses can be used to determine fault. If one driver was keeping to their lane while the other was crossing a lane divider or central lane, the latter would be held responsible for causing the accident. In New York, liability is apportioned under the comparative fault statute. This can make each party partially liable for the accident. If you were 50% to blame for the accident, the chance to collect damages can disappear completely. If your fault is ascertained to be less than 50%, the degree to which the court decides you are at fault would proportionally reduce your damages. For example, you are awarded $100,000 in damages in a sideswipe accident injury case. If the court decides that you are 30% responsible for the accident, your damages will decrease by 30% and you will end up receiving $70,000 as actual compensation for your personal injuries. Commonly Occurring Injuries A wide range of injuries, from minor to severe, can result from sideswipe accidents. These can include: Back pain Fractures Neck and back injuries, including those involving paralysis Brain trauma like concussions Severed limbs Death While people do not usually die in sideswipe accidents, more than 32,000 people die annually in the United States due to car accidents. If you or someone you care about has fallen victim to a sideswipe collision, you would require skilled and experienced legal representation to navigate the process of personal injury claims. What You Can Do After a Sideswipe Accident These five steps can get you started: Immediately place a call to emergency services. Even if you seem unaffected by the accident, the details need to be properly documented. The police officers on the scene would interview you, other drivers involved in the accidents, and witnesses and bystanders. These details would then be mentioned in the police report. Another way you can reliably document the accident is by taking detailed photos. Getting photos of the scene of the accident would help your attorney reconstruct the events that led to the accident. The photos can also help your case in court and help you out with the insurance companies. It is important to seek medical evaluation in haste. As soon as you can after the accident, you should get yourself thoroughly checked by a medical professional. Even if you do not feel pain or see visual cues for damage, there might be internal injuries. A doctor can help ascertain the nature and extent of your injuries and this documented evidence can come in handy while seeking compensation. You need to understand that insurance companies prioritize profits and not helping injured people. For this reason, always divert any attempted communication from insurance companies to your attorney. Even an absent-minded admission of fault can harm your case. Engage a personal injury lawyer immediately after the accident to handle communications with insurance companies. To know if you are eligible to file a personal injury claim, appoint a veteran car accident attorney. A law firm experienced with auto accidents, like Rosenberg, Minc, Falkoff & Wolff, LLP,can provide important insight regarding how much compensation you can seek and how you can go about recovering it. You should not be obligated to pay the costs arising from your injuries if you have no fault in the accident. A reputed personal injury lawyer can help you maximize your compensation. Damages that You Can Fight For The first thing you should focus on if you or someone you care about has been injured in a sideswipe accident is recovery. It is a good idea to delegate the legal complexities and the search for just compensation to a reliable and aggressive attorney. If you choose to work with us in these trying times, we can help you with: All present and future medical bills Costs related to rehabilitation Compensation for lost wages now and in future Damages related to pain, emotional distress, and other non-economic damages A lot of times, clients do not realize the financial liability that even minor injuries can bring. Medical bills can quickly pile up and the insurance company representing the other involved party can use your need for quick money nefariously and lowball you with a settlement offer that would be unlikely to cover your medical expenses. While your settlement might come in handy at present, it might not be enough to cover future costs. We, at Rosenberg, Minc, Falkoff & Wolff, LLP can advise you regarding the right settlement offer to sign using our vast experience dealing with similar cases. Benefit from Our Skills and Expertise There can be severe consequences resulting from sideswipe accidents, especially if the vehicles involved are at high speeds. New York law gives you the ability to seek compensation from the party responsible for causing you injury from a sideswiping collision. If you or someone you care about has sustained an injury in a sideswipe collision, the best foot forward would be to get in touch with a skilled and experienced lawyer who is well-versed in the legal nuances of personal injury cases and the medical issues resulting from car accidents. At Rosenberg, Minc, Falkoff & Wolff, LLP, we rely on a deep understanding of these nuances to help you obtain maximum compensation and the promise of a new life if you are a sideswipe accident victims in New York. Until we help you get the compensation you deserve, you do not need to pay us anything. You can schedule your appointment with our dedicated personal injury attorneys by using our online contact form or calling us at 212-344-1000. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

One of the First and One of the Best ROSENBERG, MINC, FALKOFF & WOLFF LLP {youtube QKoXIsP1U1U} Our New York City personal injury law firm was founded in 1922 by trial attorney Gustave G. Rosenberg. Since then, we have grown to include many excellent trial attorneys. Although we have grown in numbers over the years, our mission has never changed. Rosenberg, Minc, Falkoff & Wolff LLP has continued its unparalleled devotion to helping people in the aftermath of a serious accident recover the compensation they need to move forward and restore their lives. Every day our lawyers fight tooth and nail, utilizing any advantage at our disposal, to maximize the monetary compensation our clients receive. This money helps our clients live with dignity, independence and a degree of comfort they so desperately need and rightfully deserve. In addition, we recognize that money is not the only measure of success for our clients. A successful personal injury or wrongful death claim can force powerful interests to take steps to make all of our lives safer. Together, we can take action to see that justice is done. A personal injury lawyer at Rosenberg, Minc, Falkoff & Wolff, LLP Law can help. WE ARE TRIAL LAWYERS In order to show your opposition that you are serious, it is important to work with a New York City personal injury lawyer who will be ready to make a convincing presentation of your case in trial. Collectively, our lawyers have taken hundreds of injury claims to trial. We prepare each case intensively and work with medical and economic experts when necessary to demonstrate exactly how your injury has changed your life. In many cases, our preparation leads to favorable out-of-court settlements. If your opposition is not willing to treat you fairly, our law firm will not hesitate to take your case before a judge and jury. Let Us Worry About Your Case So You Can Focus on Your Recovery One of our goals in every case is to make things as easy for our clients as possible. We will handle every part of your case so that you can attend to your own needs. It is critical to our firm's philosophy that there is a strong, healthy and ongoing communication with our clients. If you have questions, concerns or just want to talk about your case, our attorneys and staff will be ready to talk to you. As new developments arise in your case, we will explain these developments to you in plain language. When you are ready to talk to us, we are ready to talk to you. Call us at 212-344-1000 or complete our contact form to start the process. We offer a free, confidential case evaluation. We do not charge attorneys' fees unless we win your case. One of the First and One of the Best ROSENBERG, MINC, FALKOFF & WOLFF LLP {youtube QKoXIsP1U1U} Our New York City personal injury law firm was founded in 1922 by trial attorney Gustave G. Rosenberg. Since then, we have grown to include many excellent trial attorneys. Although we have grown in numbers over the years, our mission has never changed. Rosenberg, Minc, Falkoff & Wolff LLP has continued its unparalleled devotion to helping people in the aftermath of a serious accident recover the compensation they need to move forward and restore their lives. Every day our lawyers fight tooth and nail, utilizing any advantage at our disposal, to maximize the monetary compensation our clients receive. This money helps our clients live with dignity, independence and a degree of comfort they so desperately need and rightfully deserve. In addition, we recognize that money is not the only measure of success for our clients. A successful personal injury or wrongful death claim can force powerful interests to take steps to make all of our lives safer. Together, we can take action to see that justice is done. A personal injury lawyer at Rosenberg, Minc, Falkoff & Wolff, LLP Law can help. WE ARE TRIAL LAWYERS In order to show your opposition that you are serious, it is important to work with a New York City personal injury lawyer who will be ready to make a convincing presentation of your case in trial. Collectively, our lawyers have taken hundreds of injury claims to trial. We prepare each case intensively and work with medical and economic experts when necessary to demonstrate exactly how your injury has changed your life. In many cases, our preparation leads to favorable out-of-court settlements. If your opposition is not willing to treat you fairly, our law firm will not hesitate to take your case before a judge and jury. Let Us Worry About Your Case So You Can Focus on Your Recovery One of our goals in every case is to make things as easy for our clients as possible. We will handle every part of your case so that you can attend to your own needs. It is critical to our firm's philosophy that there is a strong, healthy and ongoing communication with our clients. If you have questions, concerns or just want to talk about your case, our attorneys and staff will be ready to talk to you. As new developments arise in your case, we will explain these developments to you in plain language. When you are ready to talk to us, we are ready to talk to you. Call us at 212-344-1000 or complete our contact form to start the process. We offer a free, confidential case evaluation. We do not charge attorneys' fees unless we win your case. One of the First and One of the Best ROSENBERG, MINC, FALKOFF & WOLFF LLP {youtube QKoXIsP1U1U} Our New York City personal injury law firm was founded in 1922 by trial attorney Gustave G. Rosenberg. Since then, we have grown to include many excellent trial attorneys. Although we have grown in numbers over the years, our mission has never changed. Rosenberg, Minc, Falkoff & Wolff LLP has continued its unparalleled devotion to helping people in the aftermath of a serious accident recover the compensation they need to move forward and restore their lives. Every day our lawyers fight tooth and nail, utilizing any advantage at our disposal, to maximize the monetary compensation our clients receive. This money helps our clients live with dignity, independence and a degree of comfort they so desperately need and rightfully deserve. In addition, we recognize that money is not the only measure of success for our clients. A successful personal injury or wrongful death claim can force powerful interests to take steps to make all of our lives safer. Together, we can take action to see that justice is done. A personal injury lawyer at Rosenberg, Minc, Falkoff & Wolff, LLP Law can help. WE ARE TRIAL LAWYERS In order to show your opposition that you are serious, it is important to work with a New York City personal injury lawyer who will be ready to make a convincing presentation of your case in trial. Collectively, our lawyers have taken hundreds of injury claims to trial. We prepare each case intensively and work with medical and economic experts when necessary to demonstrate exactly how your injury has changed your life. In many cases, our preparation leads to favorable out-of-court settlements. If your opposition is not willing to treat you fairly, our law firm will not hesitate to take your case before a judge and jury. Let Us Worry About Your Case So You Can Focus on Your Recovery One of our goals in every case is to make things as easy for our clients as possible. We will handle every part of your case so that you can attend to your own needs. It is critical to our firm's philosophy that there is a strong, healthy and ongoing communication with our clients. If you have questions, concerns or just want to talk about your case, our attorneys and staff will be ready to talk to you. As new developments arise in your case, we will explain these developments to you in plain language. When you are ready to talk to us, we are ready to talk to you. Call us at 212-344-1000 or complete our contact form to start the process. We offer a free, confidential case evaluation. We do not charge attorneys' fees unless we win your case.

If somebody loses control of their car and the vehicle suddenly comes to a halt, their body still remains in momentum and keeps moving. This is precisely why it is vital to strap yourself to a seat belt whenever you are in a moving vehicle. However, this is not the complete solution as seat belts cannot provide adequate protection for your head and upper torso. If a vehicle is overturned or is rotated in awkward positions, then it may lead to severe injuries to a person’s head. The head may get crushed against steering wheel, windshield or the door. As these collisions could involve a large amount of force, they may cause skull fractures and other severe head or brain injuries in Brooklyn, New York. What is a Fractured Skull? A skull is made up of a large number of bones such as the temporal bone, the frontal bone, the occipital bone and the parietal bone, among others. If you sustain a skull fracture, then one or more of these bones may break. Skull fractures can occur in a variety of ways. A linear fracture forms a single fracture line and it goes from one area of the skull to the other. The comminuted fracture involves several bones, some of which may even float freely in the brain. In case of a depressed skull fracture, the pieces of free floating bones may be pushed into brain tissues, leading to brain damage. A compound skull fracture is an extremely serious condition and may involve rupture of the bone. Symptoms of a Fractured Skull: Brooklyn Auto Accident Any fracture in the skull generally results in a feeling of sharp pain in the head. The exact location of the headache may help in pinpointing the site of the fracture. The fractured skull bone and the surrounding area will also likely have bruising and swelling. In the case of open skull fractures occurring in a vehicle accident in Brooklyn, NY, the fracture may be accompanied by a laceration of the forehead or the scalp. The laceration may increase the risk of infection and as the skull cradles the brain, it may also cause brain infections including encephalitis or meningitis. The skull fracture may also involve the damage to the dura which covers the brain and contains the cerebrospinal fluid. This fluid may leak when the dura is damaged. This type of leakage may occur through nose or ears and offers a solid sign that there is a fracture in the skull. The Severity of a Fractured Skull Injury in a Car or Motorcycle Accident Many auto accident related skull fractures may lead to internal bleeding in the brain. They may also cause subdural hematoma or epidural hematoma, which needs to be addressed to in a timely manner. The broken bone may have to be removed surgically. Otherwise the injury may cause pressure in the brain, leading to further damage. Many types of skull fractures do not lead to hematomas but remain depressed, causing direct damage to the brain. The patient may show various symptoms such memory, loss, focal neurological deficit including paralysis of a limb, loss of consciousness or confusion. Some of these symptoms may be caused by brain bruising or swelling and may subside after a while, whereas others may become permanent. Following are some of the key signs of a fracture in the skull occurring as a result of an auto accident in Brooklyn, NY: Bleeding around the eyes, battle signs behind the ears, bruises in these areas. Altered pupil size. Issues in maintaining balance. Nausea Drowsiness or fatigue Changes in vision Vomiting Stiffness in neck Irritability Restlessness If there is any such sign, then it may be the indication of a fracture in the skill. In these types of cases, an immediate medical action is recommended so that the damage may be controlled. Medical Tests for a Fractured Skull in Brooklyn, New York There are various types of tests which may be used for detecting a fracture in the skull. A skull fracture is a serious medical condition and generally accompanies a TBI or traumatic brain injury. Following are the main tests which are used for diagnosis: X-ray Computed Tomography (CT) Scan Magnetic Resonance Imaging (MRI) Scan These tests have their pros and cons and therefore should be administered in a proper manner to avoid causing any further damage to the delicate brain tissue. X-Ray in the Diagnosis of a Fractured Skull An x-ray is one of the most widely used and oldest imaging techniques to identify fractures. This technique works on the basis of bone density. Bones are highly dense material and thus any fracture become highly apparent in x-ray images. The following types of skull fractures may be detected using this tool: Linear skull fractures Basilar skull fractures Diastatic skull fractures Should I Be Worried about Skull Fracture after a Motorcycle Accident in Brooklyn, NY? If there is a possibility of a skull fracture, then x-ray images should be taken from lateral, anterior and posterior views. This way, compound or linear fractures may be detected. Additionally, the existence of a foreign item like a fragment of the bone in the brain may also be detected. Nowadays, CT scans are also used for this purpose and this tool may also show extent of brain damage or inner bleeding due to the fracture. Once the bleeding is detected and the size and the area of injury is determined then a burr hole may placed in the skull. This is done to drain any hematoma in the brain. CT scan is helpful in detecting bleeding, bruises and bone scanning. How Common are Skull Fractures? Each year, there are nearly 42,409 cases of skull fractures admitted to the hospitals in the US. Many of these cases are of open head damage, representing nearly 0.02 percent of the total population or 1 in 6,413 people. The biggest risk associated with a broken skull is the closeness of the skull to the brain. Brain injury is the primary reason behind the high rate of mortality and morbidity associated with these fractures. Automobile accidents are one of the biggest reasons behind skull fractures. The driver or passenger may strike their head on the roof of the vehicle or may have hit the dashboard. In many cases, the victim may be ejected from their seat, hitting the ground or the windshield. A skull may also be injured upon a person falling from a height or from playing any sports. A fractured skull may be caused by a head injury. If these injuries are not treated promptly then they may cause long term complications in the brain, or even death. In many cases, the patient or their family may have a case for compensation if the accident and injury occurred due to another’s fault. A fracture in the skull may also be caused by child abuse and as a result of other forms of physical violence. Other penetrating injuries like an injury by a gunshot may also lead to fracture in skull. Types of Skull Fractures Any break in the skull may be referred to as a skull fracture. Some of the most prominent types of skull fractures are simple skull fractures, wherein the bone breaks apart but does not cause any damage to the skin. Compound skull fractures lead to the breaking of the bone and the damage to the skin due skull bone splintering. Linear skull fractures involve the damage to a cranial bone and the fracture looks like a thin line. Penetrating skull fractures are caused by an object piercing through the skull. These types of fractures cause localized and distinct injury to various tissues in the brain. They are typically severe in their nature and take a long time to heal. Brooklyn Vehicle Accident: Skull Fracture Complications Skull fractures in a motor vehicle accident in Brooklyn, NY may be caused in a variety of ways. The driver’s head may smash against the dashboard, steering wheel, vehicle roof or door, leading to fractured skull. In other cases, the victim may be ejected from the vehicle and may get fractured skull upon striking the ground. The major risk associated with a broken skull is the proximity of the skull to the brain. Minor injuries may resolve in a few days and may not require medical intervention. However, in the case of major injuries, it is important to have quick and timely medical attention as these fractures may cause many complications including brain damage, bruising, infection, and bleeding in the brain. These internal head wounds may cause confusion, loss of consciousness, memory lapses or limb paralysis. Some of these conditions may be temporary while others may linger on for a long time or may become permanent. Basal Skull Fracture – A Common Occurrence in Auto Accidents in Brooklyn, NY A vehicle accident in Brooklyn may cause many types of injuries, and basal skull fracture is among the most serious injuries. The victim’s skull may experience fractures in several places including its base. The base of the skull acts as a floor for the skull cavity. This is the place which cradles brain in the head. A basal skull fracture is considered highly risky as it may turn into a traumatic brain injury. If a part of the skull is broken off and it crashes with a brain tissue or any blood vessels in the brain, then the chances of a brain traumatic injury happening are quite high. This may further lead to an intracerebral hemorrhage or a cerebral contusion, causing several other complications or even death. Signs and Symptoms of Basal Skull Fractures The battle sign and the halo signs are two major indications of a basal skull fracture. If it is believed that a person has suffered a basal skull fracture then they should be administered a CT scan for confirming the injury. Once the existence of fracture is confirmed, the steps must be taken to heal the injury. If the fracture is displaced, then there may be requirement of surgery for putting the bones back to their place. However, if the fracture is not displaced then the patient should be kept under close scrutiny to watch out for complications. A Case Study: Skull Fracture Diagnosis after a Vehicle Accident Healthcare professionals look out for a variety of symptoms and signals for detecting basal skull fracture. These symptoms were studied in a recently published case study. A young male patient incurred a major vehicle accident which involved his vehicle rolling over multiple times after getting off the road. The resulting 911 call was promptly responded to by emergency medical professionals. The victim was assessed at the site of the accident. He was found to be in critical condition and was successfully intubated for the purpose of preserving the airway. The preservation of airway was important as otherwise the patient may have choked and died. The medical professionals stabilized the vital signs of the victim after the successful intubation. It was noted that the patient was wearing a seatbelt. He was taken to the local hospital, where he was properly examined. He was going in and out of consciousness but all of his four limbs were mobile. The physical examination of the patient showed blood coming from his right ear. The further investigation revealed a perforation in the patient’s eardrum and the blood was oozing out of the ear canal. The blood was soaked into the bed sheet and left a halo pattern, thus named the halo sign. This is a major signal of a basal skull fracture. Another major signal is the battle sign. The battle sign refers to the bruises on the mastoid bone. However, it may not be revealed by the physical examination. CT scans may be used for confirming such fractures. Contact Brooklyn Personal Injury Lawyers for Head Injury Cases including Cranium and Skull Fractures If you or someone close to you has undergone a serious head trauma or suffered a fracture in the skull in Brooklyn, New York due to a vehicle accident, then it is natural to have concerns about your current and future medical care costs and your ability to work and lead a normal life. We have a team of experienced auto accident skull fracture lawyers at Rosenberg, Minc, Falkoff, & Wolff law firm who understand all your requirements and will offer you the proper direction. Our legal team has extensive knowledge and experience in representing people who suffered complex head injuries and are seeking damages from the at-fault party. We are committed to providing you the best legal guidance and help you win the maximum possible compensation. If you are searching for a Brooklyn, New York law firm with long experience in dealing with brain injury and skull fracture cases, then you should contact us. We will provide you a no-strings attached case evaluation which will help you decide whether to pursue the case further. You may call Rosenberg, Minc, Falkoff & Wolff at 212-344-1000, or may contact us online today. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

As an experienced NYC personal injury attorney, I have used a Hi-Low agreement many times during very difficult personal injury trials to protect my clients’ interests and guarantee they get money even in the event of a loss at trial. Under New York law, a High-Low agreement is an agreement entered into by both parties that states regardless of the jury's verdict, the plaintiff is guaranteed to receive a minimum cash award. Of course, there is also a maximum agreed-upon award which is your upper limit, even if the jury awards more. All parties must agree, which is often the challenge. The High / Low limits are always negotiable. It's a great tool used by top NYC personal injury lawyers in difficult cases, because it guarantees some compensation to the client. Insurance companies defending personal injury lawsuits in NYC often agree because it caps their exposure to a huge jury verdict. When negotiating a personal injury high-low agreement in New York City, I always suggest including a “no appeal clause,” a 20-day mandatory payment, and consent to convert the agreement into an interest bearing recordable judgement with interest in the event of non-payment. Remember, it is important that the client is fully aware of the risks and benefits before any agreement is finalized. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

2016 General Education Scholarship: As a distinguished personal injury law firm, Rosenberg, Minc, Falkoff & Wolff is committed to making a positive difference in the lives of not only our clients, but also inside of our local community. We are pleased to announce that we will be awarding a scholarship of $500 to a 2015-2016 high school graduate aspiring to continue their secondary education. With the financial burdens that higher education presents, this scholarship is intended to help with books, school supplies and other costs that will help the scholarship winner start out college a step ahead. To apply for this scholarship, we ask students to please write a 500 word minimum essay on one of the topics listed below. After submissions are in, we will evaluate each student's essay. Our law firm will then select one winner based on the essay that displays the highest quality and is the most influential while involving one of the topics. After completing the essay, please fill out the information in the form below. Essay Topics: 1. Young adults are faced with numerous important choices every day, discuss a time when you overcame peer pressure and how it impacted your life. 2. What do you consider to be the most pressing societal problem we face today? Why? 3. What is something about which you have changed your mind in the last three years? Deadline and Submission Information: In order to select the winning candidate, we ask all completed applications must be submitted by July 15 th, 2016. We will select a winner by August 15 th, 2016. By sending your completed application, you agree to use the scholarship funds for education purposes only including but not limited to books, school supplies, tuition, etc.

My lawyer was great he went above and beyond! Any questions I had he answered them. He made due to lower all of my bills so I could receive more from my case. He checked on me once a week to let me know the status of my case! Rosenberg's law firm is awesome and I would recommend you to my family and friends!!

Parents of infants have long been concerned with their children rolling in their sleep and falling out bed during the night. Consequently, bed rails were created and, later, bumpers took the place of rails, potentially to prevent the risk of infants becoming stuck in the rails. Then, it was determined that bumpers actually caused more harm than good due to the risk of suffocation. Recently, the bed rail concerns have been identified as equally dangerous issues for vulnerable adults, particularly the elderly. While the issue has been addressed and perspectives changed multiple times when it comes to infant safety, only recently has the concern over bed rails on adult beds been brought to light. Nevertheless, research has revealed that bed rails can pose serious hazards for vulnerable adults, resulting in severe personal injuries and even death. From 2003 through mid-2012, approximately 36,000 people, primarily elderly adults, were taken to emergency rooms after sustaining injuries caused by bed rails. During the same period, 150 people, again primarily composed of elderly adults, died after becoming stuck in the rails meant to protect them from falling out of bed in hospitals, nursing homes and other health care facilities. While bed rails have some advantages for keeping elderly adults out of harm's way, a conversation has now been started to determine whether the risks outweigh these benefits. For instance, bed rails lower the risk of an individual falling out of bed and can help frail adults who wish to turn over or get out of bed. On the other hand, they also increase the risk of an individual being strangled or suffocating when stuck between the rails. Bed rails also reportedly can create a sense of entrapment, resulting in people feeling anxious or agitated, particularly among older individuals suffering from cognitive diseases, such as dementia. Are bed rails consumer products or medical devices? One of the reasons the issue of bed rail safety for adults has not been addressed previously is a lack of consensus among government agencies regarding which division has purview over the devices. The Consumer Product Safety Commission, which is responsible for regulating consumer products, has typically held that bed rails are medical devices. Therefore, it has refrained from dictating regulations on the products. The Food and Drug Administration, however, has stated that in some situations, the bed rails may be seen as consumer products, rather than medical devices. According to the FDA, if the manufacturer does not make certain claims about the product -such as that it will prevent patients with dementia from falling - it cannot be considered a medical device. In such situations, the FDA has stated it does not have the capacity to regulate the product. Bed rail safety in nursing homes Not surprisingly, the issue of bed rail safety is particularly acute in long-term care facilities, where staff members are responsible for the care of many elderly, vulnerable adults. According to the FDA, there are approximately 2.5 million beds in hospitals and long-term care facilities currently in use across the country. The FDA estimates that from 1985 through the end of 2008, 803 people were caught in bed rails in such environments. The FDA further reported that 480 of those incidents resulted in the death of the patient. While efforts are being made to improve the safety of bed rails, tragic incidents continue to occur. In 2011, 27 people died due to incidents involving bed rails. If you have a loved one who has been injured or died as a result of bed rails, an experienced New York personal injury attorney will ensure just compensation is received.

In New York City, manhole covers can present a hidden risk to passerby and to construction workers. Those who sustain injury as a result of an  incident involving a manhole cover should consult with a New York City injury lawyer to determine if they  have an options available to them for pursing a claim for compensation. Manhole covers can be dangerous because manholes can explode. In fact, as Metro US wrote recently, two separate manhole explosions occurred in the Upper East Side of Manhattan, raising concerns about serious risks of unexpected explosions. Why are Manhole Explosions a Risk? According to Metro US, manhole explosions have been described as a “longstanding occurrence,” and, in fact, the explosions in the upper East Side were not isolated incidents. There were actually at least three other similar incidents over the course of the same day that those explosions occurred, according to Con Edison. And, in total, there were 1,908 incidents involving manholes in 2016 and 3,781 incidents in 2015. These manholes allow access to electrical cables that run underground under the city of New York to make the underground utility grid accessible to those who must service the grid. Unfortunately, the infrastructure is aging and the manhole covers do not keep water out. When the weather gets bad during the winter and snow melts that is mixed with de-icing salt, this salty water drips into the manholes. This, in turn, causes frayed low-voltage cables to fail because of the exposure to the salty water.  In frightening incidents, fires occur, smoke comes out of the manholes, and explosions occur that send the manhole covers flying into the air and putting pedestrians in jeopardy of serious injury. Around 60 percent of incidents involving dangerous exploding manholes happen during the winter months. However, incidents can also occur frequently in the summer as well thanks to the intense heat that can also cause damage to the wires. The heat can fry the aging wires, causing explosions just like salt does in the winter. These incidents are especially common in New York because the largest underground electrical system in the country is located in the New York City area. There are 98,000 miles of cable underground and there are 264,000 different manholes and service boxes that are located throughout the city. New York's electrical grid is also aging, which plays a role in the increased risk of manhole explosions. Low voltage cables typically have a life span of around 40 years. However, within Manhattan, around five percent of the low voltage cables in the city were installed prior to 1930. The electrical system in the city is actually the oldest in the nation, and old and fraying wires make it more likely that manholes will explode. While Metro US reports that bystander injuries aren't that common, injuries do occur. If you or a loved one gets hurt because of an incident with an exploding manhole, you should contact a New York City injury attorney to find out what options you have for taking legal action to recover compensation for injury. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

A New York-based environmental advocacy group, the Natural Resources Defense Council (NDRC) reported that in 2015, nearly 77 million people in the United States lived in places where the water systems violated safety regulations in some form, including the 1974 Safe Drinking Water Act. According to a new study, if you live in the US, there is a nearly 1 in 4 chance that you either have tap water that is unsafe for drinking or that has not been monitored properly for contaminants in accordance with federal law. The report from the Natural Resources Defense Council found that there were approximately 80,000 violations of regulations for drinking water safety that were reported in 2015. Of those, over 12,000 were “health based” violations, or cases involving actual problems with contamination. Types and Sources of Contaminated Water There is an alarming increase in water contamination, causing serious harm, even life-threatening ones, to hundreds of thousands of people and the environment. There are environmental laws in place to protect people and dumping of toxic waste or other hazardous materials in public land, streams, rivers and lakes is prohibited by environmental law policy. However, new chemicals that natural gas companies use in tracking, for instance, can adversely impede regulation and pollute the source of drinking water. Apart from illegal dumping and fracking (fracking is huge in states like North Dakota and Texas and the water there is just fine – just offering a complete picture here), other such practices such as industries and factories using large underground storage tanks and construction with toxic lead pipes can result in water pollution. Along with contaminants that come from industrial practices such as underground storage tanks and mining, groundwater, which is used by more than 50% of the population in the US, and a major source for irrigation of crops, is polluted through pesticides, fertilizers, untreated septic waste, etc. Contamination of well water can be caused by contaminants used at a number of different sites such as gas stations, oil refineries, railroad yards, waste storage/chemical plant facilities, land fills, machine shops, dry cleaning stores, incinerators, and lumber yards. For instance, there are often cases of nitrate contamination in rural areas that rely heavily on well water. To compound the problem of well water contamination, toxic chemicals may have increased contamination as they leach into the ground water. While there are many types of substances that contaminate drinking water, the more prevalent types include the following: Fracking Lead Benzine Arsenic Nitrate Other types of contaminants of drinking water include oil, gasoline, petroleum, phenols, PCE, TCE, MTBE, various volatile organic compounds (VOCs), and other chemicals. Agricultural runoffs, like pesticides, fertilizers, bacteria and fecal matter, can also contaminate drinking water. Exposure to water that is contaminated with pesticide or bacteria can be life-threatening, depending on the duration and levels of the exposure. Drinking water sources can be contaminated by industrial sources through storm water runoff and wastewater discharges. The chemicals that are used in industrial applications vary significantly and there are new chemicals that are constantly invented, in particular for the oil and gas industry’s fracking operations but fracking has not contaminated any water despite what some political groups have to say about it. Fracking has made America an energy powerhouse and helped out the middle class in many states but this is another topic. Health Risks of Contaminated Water Research of water contamination has proven that people with long-term exposure to high levels of water contaminants such as nitrates, lead, benzene and a wide range of other chemicals have become ill as a result of that exposure. Some chemicals like benzene – a carcinogenic and linked to leukemia – have life-threatening effects. When you drink contaminated water, it can lead to many different health risks. For instance, if pesticides, solvents, and other chemicals contaminate the water, the health effects can include damage to the reproductive system, kidneys, and liver, and you must keep in mind that many chemicals are carcinogenic. The NDRC lists some common, but harmful substances that are found in ground and well water, including lead, rocket fuel, coliform, arsenic, germs and disease-carrying parasites, and other harmful contaminants. Symptoms of nitrate contamination include shortness of breath as well as methemoglobinemia, which is also known as “baby blue syndrome,” a blood disorder that can potentially be fatal. Other conditions and illnesses linked to drinking water with high levels of nitrates include: Gastrointestinal illnesses, including cancer Birth defects Thyroid disorders, including cancer Miscarriages MN AG Settles with 3M for $850 Million MN AG announced a settlement of $850 million with 3M in the state’s lawsuit against the company for its disposal of PFCs in the east metro. A press release stated that the funds from the settlement would be used to finance projects involving drinking water and sustainability of water in the area that was affected by 3M’s disposal of chemicals. The settlement came after the trial’s opening day – it was anticipated to be the most expensive environmental lawsuit in the history of Minnesota – was stopped without warning. Jury selection was yet to begin when the announcement that there would not be a trial was made by officials. The lawsuit filed by the state against the Maplewood-based multinational conglomerate corporation, 3M asked the company to pay $5 billion to clean up environmental damaged that its chemical dumping caused. The lawsuit states that starting in the 1950s, the company knowingly dumped huge quantities of PFCs, which are highly dangerous chemicals, at four dumpsites in the east metro area. The chemicals were used in the manufacturing of household items such as stain repellent and nonstick cookware. 3M stopped the production of PFCs in 2002. The state claimed that the chemicals seeped into the ground water, which in turn polluted the drinking water for thousands of people who were living in communities such as Oakdale, Cottage Grove and Lake Elmo. The Attorney General’s office claimed that the contamination of water resulted in an increase in the rate of low birth weights, birth defects, cancer, and other illnesses for that area’s residents. Filing a Lawsuit The type of environmental lawsuit that you are eligible to file depends on what your results are. If your aim is to simply make sure that the polluters or establishments are just forced to clean up the mess they may have caused, you can then bring your case to the attention of the Environmental protection Agency, who then takes necessary administrative action against the company that caused the pollution. If this is the course of action you take, the EPA will conduct an investigation to determine if there is contamination. Another option is to raise a “citizen suit” in the court with the help of an attorney to make the polluter clear out the contamination. If the agency has already identified contamination, you may also choose to sue the polluter on behalf of the government. You can also file a lawsuit if the government has not shown that there is a hazard, however you will have the added responsibility of conducting the investigation and proving that the hazard exists. If you wish to recover monetary damages for the harm and inconvenience caused to you by exposure to contaminated water or any kind of environmental hazard, or for property damage caused by pollution, you will require to go to a court of law in order to file a standard civil suit. This is like any other type of personal injury lawsuit – you will need to hire a legal counselor who can assist you in proving your case in court and there is no one better in this field than RMFW Law. To prove your case, you must show that you were exposed to a hazard, and that you were harmed by that hazard. In some cases, joining a class action suit can be a quick way to proving that the hazard caused you harm. Once you prove that you were exposed to the hazard and should be able to join the class, the responsibility of proving that the company did something wrong is taken on by the class. If there is no class action to join or if you prefer not joining one, you will need to prove “causation.” This means that you need to have solid proof that you were hurt or harmed by the exposure. You can do this by proving that the hazard in your case is known to result in certain illnesses. Another thing you can do is collect evidence showing that other people also became sick after they were exposed to the hazard. But regardless you need a fabulous law firm on your side and the best firm in the region is RMFW Law. Our honesty and work ethic is second to none and we know the law. If someone has cost you dearly, they deserve to pay a price for that. Oil Companies Pay $196 Million for Pollution in New Jersey Three major oil companies come to a settlement to pay close to $200 million to New Jersey over a lengthy pollution lawsuit that has gone on for more than 10 years. The office of the New Jersey Attorney General announced that a total of $196.5 million would be paid as settlements from lawsuits filed against Shell, BP and Sunoco over methyl tertiary butyl ether (MTBE). That total was broken down as follows: $64 million was Sunoco’s settlement, which it has already paid to the government. $64 million was BPs settlement. So far, the company has paid $32 million to the state of New Jersey. The remaining half, with interest, will be paid in July. $68.5 million is Shell’s settlement. According to the US Environmental Protection Agency (EPA), the chemical MTBE is added to gasoline to give the fuel’s octane a boost, which in turn helps the fuel burn more completely and lower tailpipe emissions. MTBE dissolves in water very easily, meaning that it is capable of contaminating drinking water systems without too much trouble at all. The American Cancer Society, said that the chemical is known to cancer in lab animals, but it is not clear if the chemical is a carcinogen in humans. Due to the federal Energy Policy Act of 2005, use of MTBE has been phased out around the United States with ethanol replacing the chemical in gasoline. In June 2007, Anne Milgram, the former Attorney General, filed a single complaint against a number of defendants on the New Jersey Department of Environmental Protection’s behalf over MTBE pollution sites around the state. Filed under the State Water Pollution Control Act, the lawsuit stated that New Jersey sought money to cover cleaning up waters polluted by MTBE as well as damages. Since then, the complaint has been amended, most recently in 2012. In the current version of the complaint, over 30 defendants were named, including companies that refine petroleum, companies that sell gasoline in the state and MTBE-manufacturing chemical companies. The state reached settlements with 15 of the defendants for a total of over $350 million. That total included the $196.5 million from Shell, BP and Sunoco along with the following: ConocoPhillips: $39 million Hess: $35.3 million Coastal: $20 million Citgo: $23.3 million Lyondell: $15.1 million Valero: $17.5 million Vitol: $2.2. million Duke Energy: $1.7 million George E. Warren Corporation: $2.1 million Crown Central Petroleum: $275,000 Western Yorktown Refining: $285,000 Marathon: $255,000 A spokesman for the Attorney General said that litigation was ongoing with more companies, including ExxonMobil. Recovering Damages for Environmental Lawsuits In most cases of environmental lawsuits, companies will offer to settle, which means that they will offer you a sum of money so that the case does not go to court. If you are filing the lawsuit yourself, you must decide if the money that the companies offer is enough. You give up the right to sue once you settle. If you do not go settle, your case will go to court. If you are able to prove your case in the trial, the amount of money that the company has to pay will be decided by the jury. If you are part of a class action suit, you will usually not get to decide whether the settlement should be accepted or not. It will boil down to what the class decides. If you or a loved one has been harmed due to contaminated drinking water, you should immediately seek the help of an attorney with experience in environmental pollution cases. Contact Rosenberg, Minc, Falkoff, & Wolff, of RMFW Law at 212 697 9280 to find an experienced attorney to handle your case. This type of case can be very complex, which is why you need the help of a stellar legal pro who will help you determine your best course of action. Once your attorney has decided that you have enough evidence to file an environmental lawsuit for contaminated water, you can sue the company/companies or the government agency responsible for the contamination and recover compensation to help you with expensive medical bills for your treatment, pain, and suffering and many other damages. The first meeting is free. In fact, when you deal with RMFW Law, you pay us nothing up front. We have won big money for people in the past and present, you can be on this amazing list. Call us today! Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

According to the Occupational Safety and Health Administration, in calendar year 2016, out of 4,693 worker fatalities in the private sector in the United States, 21.1%, or 991 deaths, was in construction – this means that or 1 in 5 workers in the construction business died on the job. The leading causes of death in the private sector construction industry were falls, followed by workers being struck by an object, electrocution and employees accidentally getting stuck in or between equipment, objects, etc. According to reports by the Bureau of Labor Statistics, these “Fatal Four” constituted 63.7% of construction worker deaths in 2016. The BLS stated that 631 lives in the US could be saved every year by eliminating the Fatal Four. Here is a look at the number of deaths that these causes were responsible for out of the 991 total worker fatalities in the construction industry in CY 2016: Falls – 384 deaths, or 38.7% Struck by an object – 93 deaths, or 9.4% Electrocutions – 82 deaths, or 8.3% Caught in or between objects – 72 deaths, or 7.3% The last category includes workers in construction who were killed when they were caught-in or compressed by objects or equipment as well as crushed, caught or stuck in collapsing equipment, structures, or material. Construction Accidents Leading to Personal Injury Lawsuits As you can see, one of the most hazardous places to work is a construction site. With heavy equipment, unstable structures, extreme heights, electrical components and more, it is quite apparent that there are many potential causes for injury to those who work in this industry. As mentioned above, there are four primary causes of death and injury in construction and taking steps to eliminate these causes could reduce the number of deaths and injuries to construction workers. When employers fail to take these steps and it results in an injury to a worker, the injured party often has a viable case to file a personal injury lawsuit. Falls: These accidents cause the highest number of deaths in construction each year and come in a number of different forms. Some of the most common examples include the following: Falls to lower levels in buildings that are partially complete Slips and trips Falls from ladders Falls off of or as a result of a collapsed scaffold Some of the most common causes of falls in the construction industry include the following: Unstable, cluttered, or slippery working or walking surfaces Edges without adequate protection Wall openings and floor holes Ladders that are not positioned safely Misused or improperly used fall protection methods and equipment Electrocutions: A large number of workers in construction are exposed to the danger of electrocutions. Faulty connections and exposed wires pose a hazard for those working at a construction site. Electricity-caused injuries fall into four categories: Electric shock Burns Falls as a result of contact with electricity Electrocutions (fatal) Struck by Object: In this category, the most reported injury is workers being struck by automobiles or other machinery. Other objects that pose a danger to workers in a construction site include objects being moved by a crane, falling ladders and scaffolds, and tools, bricks, and other items stored at the higher levels of structures under construction. Caught In/Between: Being caught in or between equipment, etc. in a construction site can result in serious injuries, such as loss of limb, and in some cases, death. Common causes of injuries caused by this category include: Rotating equipment Equipment rollovers Excavation/trench collapse Unguarded parts Rigging accidents Equipment maintenance Concrete Slab Crushed Man at Construction Site On August 9 th, 2017, a man was crushed by a 30,000- to 40,000-pound concrete slab that fell at a construction site for a Southeast Austin apartment complex. He was an employee of the subcontractor working with the construction company, Cadence McShane Construction Co., that was building the apartment complex. Emergency crews responded to reports of a man who was trapped under a concrete slab inside a fenced-off construction site. Rescuers were unsuccessful at getting to the victim initially. He was pinned under the slab which leaned against a tractor-trailer that was sitting under a crane. Efforts were made by firefighters to cut away at the slab with drills, sledgehammers and other tools to free the man, but he was dead when they finally got to him. The chief of the Austin Fire Department said that the slab was a concrete panel that was preformed for a parking garage being built on the site. It was not immediately known how the man became trapped under the slab. Authorities reported that while investigators sorted through the rubble, the construction was put on hold which is just sensible and ethical. The deadly accident was investigated by Austin police and federal investigators in collaboration with the Occupational Safety and Health Administration (OSHA). According to statistics from OSHA, over 4,500 workers are killed on the job every year. Online records show that the agency recorded more than 70 deaths in the state of Texas alone from January 12 th, 2017 through April 27 th, 2017. In January 2017, a construction worker died when he was run over by his own backhoe after being thrown from it. In another incident in August 2016, a construction worker was killed after a construction trench collapsed. Authorities said at the time that another worker was also injured in the incident. Filing a Lawsuit After a Construction Accident When a construction worker dies due to a job-related injury, there are two different potential lawsuits that his or her family members can file: a wrongful death lawsuit and a survivor claim. In the vast majority of cases, the family of the deceased worker files both claims in the same case. The differences between the two are primarily in the type of damages available. Wrongful Death Lawsuit: When a wrongful death claim is filed, the deceased worker’s family basically argues that: The worker died due to the negligence of the defendant. The worker had family members that he or she was very close with. The death of the worker caused the family members to suffer losses. Being responsible for the worker’s death, the defendant should compensate the close family members for the losses they suffered. Therefore, in a wrongful death action, the members of the deceased worker’s family do not file a lawsuit for harmed caused to him or her. Rather, they file a suit for harm that was actually caused to them due to the loss of a loved one. The damages in this type of action can include: Loss of financial support Loss of love and emotional support Loss of quality of life Survivor Claim: When the family members of a deceased worker file a survivor claim, they basically argue that: The worker died as a result of the negligence of the defendant. The negligence caused pain and suffering to the worker before dying. If the worker had survived, he or she would have been able to file a lawsuit against the defendant and recover compensation for that pain and suffering. The defendant should not escape liability simply because the worker died. Being responsible for the worker’s death, the defendant should have to pay the damages for pain and suffering to the estate of the deceased worker. Since the survivor claim is only available after someone has died, it is somewhat unfortunately named. The idea in this type of action is that when a person is harmed, that person has a right to sue, and that right should not die with the person. This means that the right to sue “survives” the death of the person. Therefore, a deceased person’s estate can recover damages for the pain and suffering experienced by a worker prior to his or her death. This is where RMFW comes into the picture. We know this arena well. We know how to win these types of cases. Do not succumb to the pressure of signing any deal with the insurance company. They are not on your side and don’t allow them access to your medical records. They will use your medical records against you. Call us today! RMFW has won millions of dollars for past clients – you too can be on this list. Wrongful Death Lawsuit for Man Crushed by Conveyor at a Construction Site In Staten Island, New York, a wrongful death alleged that a construction worker died at a construction site when a large conveyor swung into him, crushing him, while being hoisted by two cranes. The wife and administrator of Antonio Manuel Veloso’s estate, Maria Veloso filed a lawsuit against the rigger, crane companies, and several other parties stemming from the tragic accident that took place at the site of Staten Island Asphalt Inc. Filed in state Supreme Court, St George, the lawsuit alleged that the victim died as a result of the defendants’ negligence, carelessness, and wanton and willful disregard. It sought unspecified monetary damages. Police said that 54-year old Veloso suffered severe injury when a load fell off a crane. He was alert and conscious after the incident, but shortly began experiencing pain and difficulty breathing shortly afterward. The Fire Department said that he was taken to Richmond University Medical Center suffering from severe trauma and cardiac arrest. He was pronounced dead about one hour after the incident. According to the civil complaint, a member of the Laborers International Union of North America Local 1010, Veloso was an employee of C.A.C Industries Inc. The company, based in Queens, specializes in heavy construction, such as highway work, utility work, water main and sewer installation, etc. The complaint did not specify the work performed by C.A.C and Veloso, but said that Veloso was “lawfully” on the premises as a worker of the company. The lawsuit alleges that Veloso was grievously hurt when a large drag slat conveyor that was being hoisted by cranes, operated by John J. Gall Crane Service Inc. and Cranes, Inc. and manufactured by JV Trucking & Rigging, swung into, struck and crushed him. The complaint contended that the conveyor was “caught” by a horizontal support beam, causing it to swing into Veloso. Based on its investigations, the Staten Island Buildings Department suspended Joseph Volpe’s master rigger and hoist-machine operator licenses after the incident. He was an employee of JV Trucking & Rigging. The Buildings Department also slapped eleven violations to 364 Meredith Avenue, LLC, the property owner, including occupation of a number of adjacent properties in the absence of valid certificates of occupancy and unlicensed electrical work performed without a permit. After the incident, a spokeswoman for Staten Island Asphalt said that the company was saddened by the Veloso’s loss and the tragic accident that took place. She added that the firm was fully cooperating with the investigation that was being conducted by the federal Occupational Safety and Health Administration (OSHA). An OSHA spokesman stated that it can take up to 6 months to complete such investigations. Some of the defendants named in the lawsuit were Cranes, Inc., John J. Gall Crane Service Inc., JV Trucking & Rigging, and 364 Meredith Avenue, LLC. Fatal Construction Injury and Wrongful Death Lawsuit If a person is fatally injured on the job on a construction site due to a person or entity’s gross misconduct or negligence, the construction worker’s family may be able to bring a wrongful death claim on their loved one’s behalf. Depending on the circumstances, they could file multiple lawsuits simultaneously. For example, if a construction worker sustained fatal injuries because of a defective product, which the contractor knowingly brought onto the site, then the family of the construction worker may be entitled to file a personal injury lawsuit, a wrongful death lawsuit and a product liability lawsuit. Get Legal Expertise for Wrongful Death Claims for Construction Accidents Wrongful death claims stemming from construction accidents can be complex and take a long period of time to resolve as they often involve large companies. These companies or public agencies, more often than not, have legal teams from major firms representing them. Their legal counselors employ various tactics to delay procedures and prolong the entire process for as long as possible in the hopes of discouraging the plaintiff from pursuing the matter further and giving up. If you have lost a loved one in a construction accident caused by the employer’s negligence, carelessness or gross misconduct, you should immediately seek the help of a personal injury attorney with experience in handling wrongful death cases in construction accidents. This is where Rosenberg, Minc, Falkoff, & Wolff, of RMFW Law at 212 697 9280 should enter your life. We don’t tolerate this. We will hit the other side and make sure you and/or your family is compensated properly if your case is viable. With RMFW Law, you can take the proper steps to ensure that you obtain fair compensation for damages and hold the defendants accountable for their actions. Put a stop to this now! Call us today! Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

According to the Centers for Disease Control and Prevention (CDC), there are roughly 4.5 million dog bite incidents each year in the United States. Of these, 900,000 become infected. As of 2017, the population in the US is approximately 325.8 million people, which means 1 out of every 72 people is bitten by a dog. Statistics also reveal that about 1,000 people in the US are bitten by a dog each day – these bites cause injuries that are serious enough to require emergency care treatment. While many cases involve private dog owners, there are also many cases that involve police dogs. Unfortunately, some cases are extremely serious with people sustaining severe injuries caused by bites inflicted by police dogs. If you have been a victim of a police dog attack, you should find out if you have a viable case to file a personal injury lawsuit against the police officers handling the dog. Innocent Man Attacked by Police Dog As a man was pumping gasoline in Gary, Indiana, he was attacked by a police dog who mistook him for a criminal. According to news reports, Antwan Scott who was bitten by a police dog now walks with a limp as a result of the severe injuries that he sustained. Scott said that when he stopped to pump gasoline at Golo Gas Station on October 12 th, 2017, he saw police cars and heard a police officer telling him to stop running and that they were about to let the dogs out on him. That is when he saw the dog which immediately caught hold of one of his legs and would not let him go. The police officer commanded the dog to let go of Scott but he did not. The dog eventually dragged Scott down to the ground with his teeth digging into the man’s skin. He said that once the dog finally let go of him, the officers came to his aide. According to Scott, the police officers gave him an excuse, saying that the suspect ran past his car and that the dog made a mistake. David Novak, Scott’s attorney, accused the Gary Police Department for poor training. He said that such incidents should not be allowed to happen. He also said that police are trained, and being a weapon used by the police, the dog should also be properly trained. He added that police should be able to control their weapon. A father of five, Scott has not been able to work since the incident occurred. He said that he is not angry with the police, but agreed with his attorney that improved training should be provided for police dogs. Novak said that he will continue to investigate the case and will file a lawsuit against the Gary Police Department on Scott’s behalf. Police Dog Attacks Police officers use numerous tools to apprehend a suspect, including dogs. Generally, police dogs are well trained, but unfortunately, there have been a number of cases where police officers have used their dogs to bite a suspect, resulting in unnecessary harm to the person. K-9 dogs are typically mid-larger breeds, such as German shepherds, Belgian malinois, retrievers and Labradors, and they can seriously injure an individual. If a police dog bites a suspect, they can potentially cause severe lacerations or even break the suspect’s bones. If you are attacked by a police dog and sustained injuries, it usually indicates that the police officer took excessive force against you. You should seek the help of a personal injury attorney experienced in police brutality or police dog bite cases to investigate whether the use of a dog by the police officer was appropriate or if it was the cause of unnecessary injuries. The angry dog scene in White Chicks was pretty funny but it is not so funny if this happens to you in real life. Though Kevin Copeland was not welcome in that home! Graffiti Artists Attacked by Police Dog Get $175,000 Settlement Two men in South Florida were severely bitten by a police dog filed a civil rights lawsuit against three deputies of the Broward Sheriff’s Office and agreed to a settlement of $175,000. Well-known graffiti artists, in the graffiti community, Humberto Pellegrino, aged 39, and Pedro Claveria, aged 38, were spraying gondolas and freight trains when deputies showed up on January 17 th, 2014. The men said that despite surrendering immediately, the deputies provoked the dog to attack them. According to their statement, one of the deputies shouted, “Eat, boy, eat!” The two property vandalizers said that they were not trying to escape, but the deputies used excessive, unnecessary force. The Browrd Sheriff’s Office confirmed that the two plaintiffs would split the $175,000 settlement against deputies Davis “Chris” Acevedo, Gerald “Jerry” Wengert and Leonard Smith. In her court order, US District Judge Beth Bloom wrote that Pellegrino and Claveria’s medical costs must be paid out of the proceeds of the settlement. Pallegrino and Claveria said that the dog bite incident took place at a loading dock in Pompano Beach. Two friends who were present when the incident took place were uninjured. According to the two street artists, when the deputies showed up, they immediately put their hands up and surrendered. Claveria said that he lay on his stomach, hands open, and informed the deputies that all four men were not armed but Deputy Acevedo still sicced the dog on him. According to the lawsuit filed in federal court in Miami, all of the defendants made noises, including grunting, to antagonize the police dog into attacking Claveria. In an attack that he estimated to have lasted about 2 minutes, the dog bit him in the upper arm, shoulder, and below his elbow. According to Claveria, the deputies told the dog to “get” and “grab “him. Pellegrino said that he too was lying flat on the ground on his stomach and Deputy Wengert walked over to him and said that the dog was ready to eat again and that he was still hungry. The dog bit him on both legs for about 3 minutes, while deputy Wengert commanded the dog to “eat”. According to the lawsuit, the two main offenders were Deputy Acevedo, the dog’s handler, and Deputy Wengert. While Deputy Smith did not say or do anything to encourage the dog to attack the two men, he did not make any effort to stop the attack. According to reports, Deputy Wengert has been named in several claims of police brutality and using excessive force. There are two federal civil cases pending against him, including a wrongful death case. Additionally, prosecutors from the State Attorney’s Office still have an open criminal investigation pending that pertains to the actions of Deputy Wengert in the case involving Pellegrino and Claveria. Graffiti degrades neighborhoods but this was uncalled for. Suing for Injuries Caused by a Police Dog Dogs are used by the police and military for patrol and making arrests. Police and military personnel are given special protection under state statutes in the event their dogs injure people under certain special circumstances. That said, there aren’t offered protection for violation of civil rights, unreasonable force or injuries that are caused by police dogs when not on duty or when not engaged in law enforcement activities. Generally, law enforcement officers are forbidden from using excessive force when they are making arrests. Courts have held that dogs can be used by police officers to bite and hold a person that is suspected of committing a crime, but this should be done only when it is reasonable to do so. If a police dog bites a person other than the suspect, its owners, i.e. the police, are subject to civil liability lawsuits. In a number of states, the dog bite statutes governing private citizens, which typically do not involve police dogs, would become applicable. Where to Sue for Police Dog Bite Injuries – Federal or State Court? Claims for injuries that are inflicted by police dogs are typically brought under the Federal Civil Rights Act of 1964. As mentioned, police are generally forbidden from using unreasonable or excessive force when they make an arrest. If they do, they may need to pay compensation to the victim. In some cases, the offending police officer may be punished – the punishment includes requiring them to pay punitive damages to the victim. Additionally, it is possible for the federal law to give victims a few advantages, including a longer statute of limitations to file their lawsuit and an award of attorney fees and costs. Lawsuit Against K-9 Officer After Dog Bites the Wrong Man A civil rights lawsuit was filed against a Police K-9 personnel – Tim Browne who is deputed at Colorado Springs by Willie Watlington. The lawsuit alleged that Watlington was exiting Peak Tavern in December 2015 when police officers entered the establishment in search of a suspect that court papers described as a white male in his 50s or 60s. According to the lawsuit, 24-year-old African American Watlington was walking back to his apartment when Officer Browne ordered Blitz, his K-9 dog, to bite him. The plaintiff said that he saw the dog running toward him and immediately dropped to the ground, curling up into a ball to protect himself. The K-9 dog reportedly bit Watlington on his leg multiple times. The victim was transported to Pentrose St. Francis Hospital for treatment for one large gaping wound and several puncture wounds. Watlington was not charged for any crime, nor was he arrested, at the time of the incident. Violation of the Constitutional Rights There are many police dog bite cases that violate constitutional rights against excessive force, or where injuries could have been easily prevented. Some examples of such cases include: The dog ignored the commands of the handler to stop biting could not be stopped The officer did not call off the dog when needed, or failed to call it off. After escaping its handler, the dog attacked an innocent person. The dog was deployed against a suspect who did not pose any threat. The officer sicced the dog on an innocent person. The dog was ordered to bite in a punitive manner. Factors that May Decide a Police Dog Bite Injury Case When dogs are used as an extension of police power, the governing factor is excessive force. This force is measured by the actual attack and the injury caused by the attack against the government interest in effecting a narcotics search or an arrest. Other factors that have an effect on the outcome, may include, but are not limited to: What was the nature of the crime committed by the suspect? Felony or misdemeanor? Was the suspect armed and/or a danger to the general public or the police? Was the suspect fleeing or hiding? Did the suspect fight the dog or surrender? Did the dog bite the suspect once or multiple times? Did the officer have complete control of the dog? Could less violent methods have been used by the police officer/officers to arrest the suspect? Filing a Police Dog Bite Claim Once you have determined that you have a viable case, here is how to proceed with filing a police dog bite lawsuit: There are a number of laws enacted for filing personal injury claims against the government or government agencies. The procedures vary from state to state, but there is a standard form you can file to inform the government of the injury you sustained. This procedure is known as government tort claim. The next step is to wait for their response. You will most probably receive this response after a set period of time after your case is evaluated. If you do not receive a response or they reject your claim, you should proceed with filing a police dog bite lawsuit. It is vital to hire a dog bite injury lawyer who has experience in handling cases that involve police dog bite incidents. Your attorney should be able to build a solid claim and have the knowledge and skill to effectively counter the arguments of the government agency that you are filing the lawsuit against. Keep in mind that filing a lawsuit for dog bite injury, especially against the police, can be a long and arduous process. This is why it is crucial to have a sagacious and motivated dog bite lawyer represent you and there is no firm better for you in this regard than RMFW Law in The Big Apple. Get Legal Assistance for Police Dog Bite Cases If you or a loved one has been injured by a police dog, you should make sure to immediately contact a personal injury lawyer experienced in police dog bite cases. You may consult a profound attorney at Rosenberg, Minc, Falkoff, & Wolff, of RMFW Law at 212 697 9280. Our legal professionals can help in assessing your case and assert your rights so you can obtain fair compensation for your injuries by taking appropriate legal action. We only win if you win. RMFW Law knows how to win these types of courses and we know the tactics of the opposition. We know which direction to take your case. Call us today! Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.