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Drunk driving is a leading cause of serious and even fatal motor vehicle crashes within the state of New York and throughout the country. When drivers are intoxicated, they put their own safety in jeopardy and they put others at risk of being hurt as well. It is important to make a determination regarding whether a driver is impaired at the time an accident happens in order to fully understand the crash cause. If a driver is drunk, he or she could face criminal prosecution. Victims of a collision with a drunk driver could also work with a New York City car accident law firm to hold the intoxicated motorist accountable for serious injuries the driver may have caused. Now, thanks to a new bill put in place, law enforcement officers responding to a crash scene will be better able to make use of tools to determine if a driver was intoxicated at the time an accident occurred. The Democrat and Chronicle reported on the new policy being put into place to help crack down on drunk drivers. New York to Test Drivers for Intoxication After Serious Crashes According to the Democrat and Chronicle, the new policy to crack down on drunk drivers was signed into law in December and was ordered to take effect within 30 days of the law being signed. The new law expands the responsibilities of police officers who are first responders to the scene of a motor vehicle accident if the collision either caused a serious injury or caused a death. Now, among the responsibilities that police have as they investigate the cause of the accident is a responsibility to assess whether the driver was in violation of state traffic law or not. When police get to a crash scene, they are expected under the terms of the new law to ask drivers to take a field sobriety assessment (FSA) if the police suspect that the driver broke the rules. The police must have “reasonable grounds” to believe the driver violated state laws in New York related to drunk driving. Reasonable grounds does not mean the police officer knows beyond a shadow of doubt that the driver is drunk, but it does mean that there needs to be some justification for the officer insisting the driver take a field sobriety test. If a driver refuses to take a FSA when asked to do so, the Department of Motor Vehicles will suspend that driver's license. Under the previous rules related to field sobriety testing, the laws in New York stipulated that it was up to the discretion of the officer to determine if a person should be tested for impairment. The new rule simplifies and streamlines the system and ensures that drivers don't simple evade the law when a death or a serious injury happens. According to New York State Senator Pamela Helming, who was one of the bill's sponsors, indicated that” “Individuals need to be held accountable for their choices, especially when it leads to the death or serious injury of someone else.” Helming also warned: “Eliminating loopholes in the current law that allow drivers under the influence to escape prosecution at the expense of someone else’s life is a start." With new evidence available to demonstrate intoxication after serious accidents, victims should be better able to pursue claims for compensation against those who caused collisions while drunk. A New York City car accident law firm can provide help to victims in taking action. 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 Centers for Disease Control and Prevention, foodborne diseases is the cause for nearly 76 million illnesses each year. About 325,000 cases of hospitalization and nearly 5,000 deaths are caused by food poisoning each year in the United States. Known pathogens account for about 14 million of these illnesses, and 1,800 deaths. So, what is food poisoning? People succumb to food poisoning which is also known as foodborne illnesses by consuming food that may contain viruses and bacteria. There are several ways this could happen. The food you eat could get infected at the farm, or during packaging, or get exposed to bacteria and virus en route the stores, or get infected due to improper storage and cooking at either a restaurant or even your home. While the exact cause of food poisoning could be hard to determine – the symptoms begin to rear its ugly head a few days after consuming contaminated food. A few of the symptoms of food poisoning are watery diarrhea, nausea, abdominal pain, vomiting, cramps, and in some cases even fever. These symptoms can mimic those of stomach flu and other such ailments and thus make food poisoning hard to detect at times. Most instances of food poisoning are mild and people recover in less than a week’s time. Other more severe cases may lead to serious injuries and need hospitalization too. What are the common sources of food poisoning? As mentioned earlier bacteria and virus in food are the main causes of food poisoning. Certain bacteria and viruses are associated with food borne illnesses and also feature in periodic outbreaks. Some, such instances include salmonella, e. coli, Listeria, and norovirus. The FDA lists out frequent foodborne disease causing bacteria and virus from time to time. Viruses and bacteria can contaminate just about any kind of food. That said, there are some food that are more susceptible to contamination and associated with food poisoning more than others. Eggs, poultry, meat, dairy products, shellfish, and leafy green veggies are food that tends to get easily contaminated. In the recent past, there have been many outbreaks of e. coli infected spinach, listeria infecting cheese and milk products, and salmonella infecting meat and eggs. It goes without saying that prevention is the best cure. Properly refrigerating food, cooking the right way, and following best practices to store food can dramatically reduce the risk of food poisoning. Any food item or even beverage can get contaminated with infectious microorganisms, if it is handled with unwashed hands, or it comes in contact with other contaminated food or liquids. Below is a list of common types of poisoning: Campylobacteriosis caused by Campylobacter bacteria. Botulism caused by Clostridium botulinum bacteria. Escherichia coli food poisoning caused by eating food contaminated with certain strains of E. coli bacteria. Shigellosis caused by Shigella bacteria. Staphyloenterotoxicosis caused by Staphylococcus bacteria. Listeriosis caused by Listeria monocytogenes bacteria. Mushroom poisoning caused by eating poisonous mushrooms. Cryptosporidiosis caused by Cryptosporidium protozoa. What sort of injuries can be sustained due to food poisoning? As per a report issued by the CDC, nearly 48 million Americans succumb to food poisoning each year. This means 1 in every 6 Americans suffer from an episode of food poisoning every year. Most people suffer from the common symptoms such as nausea, diarrhea, cramps, abdominal pain, and fever that go away on their own. Infants, elderly people, and people with a weak immune system are susceptible to developing severe symptoms or complications and may need medication, and also hospitalization which can impose financial hardship on them. Severe symptoms include renal or liver problems, bloody diarrhea, severe dehydration, and even neurological problems. Can people who succumb to food poisoning, sue? Yes, they can. Anybody who suffers from food poisoning can sue the person or establishment responsible for it. This can be a restaurant that may have sold a dish that caused the food poisoning or a meat store that sold contaminated meat. You will have to contact a personal injury attorney who will be able to help you get a fair compensation for lost income, medical costs, hospital bills, and other damages by filing a product liability lawsuit, or a personal injury lawsuit as applicable. What are some practical concerns about filing a food poisoning lawsuit? There are certain practical difficulties that you may face when you have to file a food poisoning lawsuit. Many people fall ill after consuming contaminated food. However, identifying the culinary culprit can be hard. Also, a lawsuit must be able to establish that a person or establishment is legally responsible or liable for an injury. This can be rather hard to prove when it comes to food poisoning as a plaintiff will not be able to produce the food in question in order to prove that it is in fact contaminated. Lastly, a majority of these cases aren’t serious enough to make the time and money spent on a lawsuit worthwhile. There may be certain cases that can address all the above said concerns. Clear-cut cases of packaged food products or dishes served at restaurants causing food poisoning do occur. When a number of people who may have eaten at the restaurant suffer from food poisoning, it becomes easier to prove that the food was indeed contaminated. Certain severe injuries that call for hospitalization also make a lawsuit worthwhile. In certain cases, people may die from food poisoning and a wrongful death lawsuit can be filed by surviving family members to recover compensation. This is where RMFW Law needs to come into your life. We know these types of cases in New York with the best of them! Bartaco tied to Outbreak of Hepatitis A From time to time, there are reports of an outbreak of food poisoning that affects some people who may have eaten at the specific joint. When there are multiple reports of food poisoning, the health department steps in to check the cause and what could be done to remedy it. Four patrons and one employee contracted hepatitis A after visiting Bartaco earlier this year. The health department urged patrons who visited the eatery between October 13 th and 23 rd to receive preventative treatment. It is said that the health department discovered that an employee worked at the restaurant while suffering from Hepatitis A. Since, preventative treatment is effective only within two weeks of exposure to the virus, all those who dined at the restaurant were asked to seek medical attention. First lawsuit in Chincoteague food poisoning filed by PA man A local from Pennsylvania filed a lawsuit seeking a whopping $500,000 as compensation from a Chincoteague business. Health authorities claim that they served clam chowder that was infected with salmonella at a food festival. Charles Coffield, a resident of West Alexander, fell very ill soon after eating the chowder according to the lawsuit. A Seattle law firm that handles foodborne illness cases – Regan Zambri Long and Marler Clark filed the lawsuit for him. The lawsuit was filed against Shrimp Heads Inc. in Virginia. The chowder served at the Chincoteague Chili Chowder Cook Off, tested positive for salmonella according to the lawsuit. The victim is demanding a jury trial. The food festival was hosted by the Chincoteague Island Volunteer Fire Company, which also is the owner of the wild pony herd and hold the famous Pony Penning. According to the lawsuit, Coffield ate a large helping of clam chowder that was sold by the restaurant at the cook-off on September 30 th. The very next day, he began to suffer from nausea, diarrhea, vomiting, stomach cramps, muscle aches, fever, headache, lightheadedness, and chills. Coffield had to be taken to the Riverside Shore Memorial Hospital in Onley by an ambulance on October 3 rd. He suffered for weeks after the incident and also missed many days of work. Tests confirmed that Coffield was indeed suffering from a salmonella infection and the result was thereafter reported to Accomack County as well as the Department of Health of Virginia. That is not all. Close to 180 people fell ill after the event as per the Eastern Shore Health District. Most of them were residents of Virginia. A number of them were also from Maryland. A number of cases were reported from New Jersey, West Virginia, North Carolina, Delaware, and New York who also attended the event. Half or more of those who became ill after the cook-off had to seek medical care. 20% of them needed emergency care while 10 percent of them were hospitalized for at least one night or more. There were no deaths reported. The health department investigated these claims and on Oct 24 th was able to establish that the chowder served by the restaurant was the source and the culprit behind the salmonella outbreak. A health district personnel quoted that the incident was just a point source outbreak and the chowder now served at the establishment is safe. The risk of illness was just a one day, one thing, one place, one group thing, according to Dr. David Matson, who is the director of the Eastern Shore Health District. He in fact went to Chincoteague soon after on October 26 th and ate a bowl of the same chowder to demonstrate that the risk was gone. Coffield on the other hand stated that the business was mandated to use raw materials and supplies that comply with food laws as well as regulation and also to use care in not just making it but also storing and selling the chowder in a manner that it was free from Salmonella – and that the restaurant breached this duty. A spokeswoman representing the Chincoteague Volunteer Fire Company said that the company will continue to host the annual event, but will take extra safety precautions. How long do you have to file a lawsuit? Each state has a certain time limit called the statute of limitation within which a personal injury claim must be filed. The time limit for product liability claims will vary from one state to another. Most states have a two year time limit, while some have three years. If you are one among the many victims of an outbreak caused by food poisoning, you can get together with others and file a class action lawsuit. In certain cases, a class action may already be filed in connection with the outbreak of food poisoning that made you fall sick, and you could just join the already existing lawsuit. When you join an existing class action you have several advantages such as: The lawyer representing the case may have considerable experience and expertise in filing big cases against big companies. There may be little or no upfront cost that needs to borne by you. The legal professionals handle the costs and will only take a percentage at the end of trial or after the case is settled out of court. You do not have to deal with any potentially complex legal issues. What happened is pretty apparent. Though there are several advantages to joining an existing class action and filing your own lawsuit instead. But, before you do so, you must consult a lawyer to check if there is an existing class action for the outbreak in question, and whether or not it is advisable for you to join it. Most law firms will gladly assist you with such questions in a free of charge consultation. The consultation with RMFW Law is free. We only win if you win. You never have to write us a check. When should you take legal action for food poisoning? Food poisoning cases are quite common and it is the business that sells the tainted food that is often the culprit. However, that doesn’t mean that you must call an attorney just because you aren’t feeling too well after a late night dinner at a new diner around the corner. You must consider filing a lawsuit when you have been struck with hefty medical bills and other costs due to an acute bout of food poisoning. You may then contact a personal injury attorney to pursue legal action against the store or restaurant. If you or someone you know, has suffered from an acute bout of food poisoning and had to be hospitalized as a result of something you ate at a new diner or from a store in your neighborhood, you must contact Rosenberg, Minc, Falkoff, & Wolff, of RMFW Law at 212 697 9280. Our skilled attorneys understand that something as small as food poisoning can make you lose income and cause you a lot of discomfort and anguish. Call us today to discuss your case and understand if you can file for compensation. If you miss days at work you should be compensated. That missed time at work could have real life financial implications. You may have missed something vital. You have every right to seek financial compensation. The pain and suffering you have endured is terrible. This virus ravaged your body, it is time to ravage the person/s at fault financially. This is a legal matter. 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.

Inline skating is a popular form of exercise that gained immense popularity in the 80s. This form exercise can burn as many calories as when cycling or running while potentially reducing the stress exerted on the joints of the lower body. It is estimated that over 17 million Americans enjoy and participate in this sport and the number is growing each year. Unfortunately, according to CPSC, over 10,723 injuries resulting from inline skating were treated in the year 2015. From simple slips, to major trips and falls, one can sustain various kinds of injuries while roller skating. 5 common injuries you can sustain when roller skating As with any other sport, there are a number of injuries that you can sustain when roller skating in New York. A few of them include (but aren’t limited to): Fractures to forearm or wrist Sprains or stains to the back and lower limbs Fractures to the legs and ankles Minor lacerations and soft tissue damage Severe head and facial injuries resulting from hard falls or collisions with automobiles Who is liable for common injuries when roller skating in New York? In order to sue for injuries that are sustained while roller skating in New York, the skaters must be able to establish that they abided by all the rules of the rink. For instance, roller skaters must: Skate at the speed indicated and in directions that are permitted Know and skate within their limits and ability Follow all the signs and warnings posted at the rink Avoid skating to other roller skaters and objects Refrain from any conduct that could cause injury to themselves and others Depending on the circumstances surrounding your accident, you may or may not be responsible for your roller skating accident. You may have tripped due to your skates or a poorly maintained skating area. Can you sue the rink owner? The Roller Skating Rink Safety and Fair Liability Act was put in place, in order to clearly demarcate who could sue skating rink owners and under what circumstances. The law prevents skaters from being able to file a lawsuit against the rink, in cases when injuries may have occurred due to loss of balance and contact with objects that aren’t in the intended path of the skater. Roller skating lessons – You can file a lawsuit if you were injured during a skating lesson due to the negligence of the instructor who failed to properly instruct you. Reckless conduct – You may also be able to file a lawsuit against the rink owner if your injuries are caused by another skater’s reckless conduct on the rink. In such cases, the jury appointed will decide if the owner can be held accountable for failing to stop the reckless behavior of the other skater. No matter how you accident may have occurred, if you believe that you aren’t responsible for the accident and injuries you suffered, you must seek the counsel of a profound personal injury attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law. Call us at 212 697 9280 and one of our attorneys will help you determine whether or not you have a case that is eligible to claim for personal injury compensation. If your case is viable RMFW Law will ride with you all the way to the end. We are only paid if you are paid. We win no money unless you do. We want to win as badly as you do. We know what a winning case looks like and we know how to thwart the other side’s tactics. And you do not have to pay us anything up front, we only take a percentage of the final settlement or verdict. Do not sign any paper work with any insurance company. Do not do that! They are not on your side and do not allow them to see any of your past medical records either. Do not undermine your own case. Call RMFW Law and let us deal with them. You have other issues and priorities, let us handle the legal aspects of this situation. 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.

MTA BUS DRIVER ARRESTED AFTER CRASH LEAVES WOMAN IN CRITICAL CONDITION MANHATTAN, NEW YORK (March 10, 2017) -  A woman was critically injured and a bus driver was arrested after an accident in the Lower East Side, according to NY Daily News. The 61 year old has been identified as cancer patient Aurora Beauchamp. Police have said that Aurora Beauchamp was walking in a crosswalk when she was hit by a bus and dragged. Emergency medical personnel rushed her to the hospital in critical condition. Aurora Beauchamp was visiting from Florida. Bystanders tried to free her after the bus ran her over. The bus driver that hit the woman was arrested and charged with failing to yield to a pedestrian. Local residents who hear about the crash blamed traffic signals. If traffic signals played a role in the crash, the city could possibly be held liable for the accident. Our staff at the RMFW Law firm were deeply saddened to learn about this tragic accident in the Lower East Side. We extend our thoughts and prayers to this innocent victim and her family as she recovers. We encourage police to conduct a thorough investigation for the sake of all of those involved. 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.

THREE PEOPLE KILLED IN SMALL PLANE CRASH LONG ISLAND, NEW YORK (February 26, 2017) - Police are investigating a small plane crash that took place just before Sunday morning, according to ABC News. The FAA has said that the pilot was practicing take offs and landings when the accident took place. The names of the three people that died in the crash has not been released. It remains unclear if the pilot lost control or if there was some mechanical issue with the plane. Authorities will continue to investigate what happened at the Gabreski Airport in order to determine liability. It is being reported that the plane involved in the crash is a Navion F. Companies as well as private pilots use the airport where the incident occurred. 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.

FREAK ACCIDENT WITH FORK LIFT KILLS CONSTRUCTION WORKER QUEENS, NEW YORK (February 24, 2016) – The NY Daily News is reporting that a construction worker was tragically killed after being pinned by a van and a forklift. There is no word yet on whether or not the forklift involved in the incident malfunctioned. Police have identified the man that died as Rakesh ram. The equipment involved in the incident belongs to the FDNY. The 28-year-old worker that died tragically appears to have put the forklift in neutral before it rolled forward unexpectedly and killed him. He was rushed to the hospital, but doctors were not able to save him. An investigation into the accident is still ongoing. 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.

GIRL IN CRITICAL CONDITION AFTER BEING RUN OVER BY SCHOOL BUS BROOKLYN, NEW YORK (Febraury 24, 2017) – An 11-year-old girl was seriously injured after a school bus driver making a turn ran her over. The schoo bus driver hit the girl at Nostrand Avenue and St. John’s Place. Police are saying that the child was in the crosswalk at the time of the accident. One witness says that the bus driver was turning the corner in a manner that was unsafe. Her book bag was hit by the bus and then she was run over after being knocked down. The girl was transported via ambulance to the hospital where she was treated for her head injuries. The police have not yet indicated if they are going to press charges against the driver of the school bus. The RMFW Law Firm extends its heartfelt sympathies to the girl that was injured and her family. We encourage any other witnesses to the accident to come forward for the sake of all of those that were affected. 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.

LAKEVILLE, NEW YORK (February 1, 2017) – An industrial worker was killed in a fatal accident after becoming trapped in a car, according to the Evening Tribune. The worker has been identified as John Higgins who was an employee for Crop Production Services. John Higgins was unloading fertilizer from a rail car when the chute became jammed. John attempted to clear the hopper rail car but was unsuccessful. Medics arrived at the scene of the accident, but they were not able to revive him. Our thoughts and prayers at the RMFW Law Firm are with the family of John Higgins as they cope with such an incredible loss. We encourage the police to investigate this accident thoroughly. We hope that concrete steps are taken to ensure that a similar accident will not happen a second time. 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.

The CDC defines a mining disaster as any accident in a mine with five or more fatalities. If this definition is taken, the last mining disaster in the US occurred in 2010 in West Virginia at the Upper Big Branch Mine - South. CDC statistics show that this coal mine disaster had 29 fatalities and it occurred due to dust or gas explosion. While labor laws and mine safety and health norms have evolved to make mining activities safer, it is possible to get injured if you work in a mine. Hence, it is important you understand how Mine Safety and Health Administration (MSHA) classifies mine accidents. This will allow you to pinpoint the circumstances that resulted in the accident. Mine Accident Classification Some of the categories of mine-related accidents are as follows: Electrical: When electric current is directly responsible for the accident Entrapment: When a roof or wall caves in, leaving the miners trapped inside the mine with no serious or grievous injuries Exploding Vessel Under Pressure: Accidents due to explosion of air tanks, air hoses, hydraulic hoses and hydraulic lines Explosives and Breaking Agents: Accidents caused due to denotation of manufactured explosives that lead to fumes, flying debris and concussive force Fire: Fires that are not put off within 10 minutes of discovery in underground mines and within 30 minutes in surface mines Handling Material: Lifting, pulling or shoveling materials like coal, sand, rock and timber Hand Tool: Non-powered hand tools that directly cause the accident Hoisting: Damage or problem with hoisting equipment that endangers or causes the accident Ignition or Explosion of Gas and Dust: If gas or dust explosion or ignition causes the accident, it falls under this category. This also includes exploring furnaces, space heaters and exploding gas vapors Inundation: If a surface or underground mine gets flooded by a gas or liquid Machinery: Mining activities require the use of heavy and light machinery, and any accident caused by the action or motion of such a machinery or by a failed component of the machinery Slip or Fall: Slip or fall from a height, getting off a machine or slip or fall while servicing a machine If you or a loved one has been involved in a mine accident, it may be possible to get compensation for the injury, emotional distress and loss of wages. However, it is critical you consult an experience NY attorney to find out your entitlements. Be sure to consult a personal injury NY attorney who has experience in dealing with similar cases. Also, the attorney should have a proven track record of winning such cases or at least getting an adequate settlement in favor of the plaintiff. At Rosenberg, Minc, Falkoff, & Wolff Law Firm or RMFW Law, you will be able to speak to such attorneys. In fact, your first consultation will be free and the personal injury attorney will be able to guide you and let you know how to proceed. Contact at 212-344-1000 today to schedule an appointment. RMFW Law has won millions of dollars for past clients and you too can be on this amazing list. Call us today, you have nothing to lose and much to gain. 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 vineyard tour turned tragic last summer when a limousine driver attempted to make a U-turn on State Route 48 in New York. The limousine was hit by a drunk driver. Four of the women in the limo sustained injuries, including the bride-to-be, and the drivers of both vehicles were hurt. In addition, four women were killed. The case resulted in both criminal charges against the limo driver, as well as civil lawsuits filed by injured women and the families of the women who were killed. While the driver contested the criminal charges, his defense attorney admits there may be civil liability. It is important to understand the differences between criminal and civil liability in an auto accident case. A New York City personal injury law firm can provide information to collision victims on the different ways the law holds drivers accountable for causing collisions to occur. When and How Can Drivers Be Held Responsible for Car Accidents? After the accident, the drunk driver was charged for driving while impaired, but he was not indicted by a grand jury on any charges in connection with the deaths of the women.  He was not charged with criminally negligent homicide or any other crimes related to the fatal accident because he was not actually to blame for the accident. Instead, the limo driver was likely to blame for the crash, according to NBC New York. A reconstruction of the collision showed the limo driver tried to make the U-turn onto the highway, despite the fact his view was obstructed by a Jeep in the opposite U-turn lane.  Evidence suggests he did not come to a stop to allow oncoming traffic to pass before trying to make the turn. Because of the limo driver’s actions, he was charged with four counts of criminally negligent homicide, four counts of assault, reckless driving, and other crimes. However, a New York Supreme Court Justice ruled that the indictment was flawed as a result of improper testimony to the grand jury.  The relatives of the victims were angered by this decision, but the Justice indicated he had agonized over it and had applied what he believed the law to be. In commenting on the verdict, the defense for the limo driver told NBC New York: “we told you the lines between civil and criminal liability were blurred here. Today, with this decision the lines are crystal clear.” This distinction is an important one. There are different rules for criminal charges versus civil charges, including a different standard for proving responsibility. In a criminal case, a defendant cannot be found guilty unless it is proved beyond a reasonable doubt that he violated a law. In a civil case, on the other hand, a defendant could be held liable and made to pay damages in any situation where his liability could be proved by a preponderance of the evidence. There are many car accident cases where no one is considered criminally liable because there is insufficient proof anyone violated laws that would result in a criminal conviction. However, a good number of these cases could lead to a successful damage claim by victims or families of victims seeking compensation. When a defendant cannot be held criminally liable for an auto accident, a civil lawsuit may not only provide compensation for a victim but may also be the only justice the victim gets.  Rosenberg, Minc, Falkoff & Wolff can provide assistance in making a civil claim against a defendant for personal injury or wrongful death. 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 statistics, there are over 12,000 summer camps in operation across the United States, including 5,000 day camps and 7,000 overnight camps. The summer camp industry makes a profit of more than $15 million a year. Over 6 million children in the country participate in some form of camp, whether it is day camp or sleep-away camp. 1.5 million people are employed as summer camp staff each year. Common Questions about Summer Camp Accidents Here is a look at some of the most commonly asked questions about summer camp accidents and injuries: Q1: What should I do if my child is injured while hiking or overnight camping? A: When going on a simple hike or an overnight camping excursion, you know that there are certain liabilities and risks that come with trekking in the wilderness. Generally, most people only anticipate risks that are foreseeable, such as sunburns, bug bites, poison oak and dehydration. But you should be aware of many other accidents that can take place. If your child was injured on a camp outing, you should consult a personal injury lawyer in New York who can determine if the summer camp your child went to had a duty of care, if that duty was breached and if your child’s injury was directly caused by that breach. If you can prove these, you can take legal action against the camp on grounds of negligence. Q2: My child suffered serious injury after slipping and falling at a pool at a summer camp. Can I sue the camp? A: The scenario mentioned above applies to a slip and fall injury at a poolside. If you want to win your claim, you need to prove to the courts that the camp had a duty of care that it breached, causing your child’s injury and significant loss to your family. This is why you should hire an experienced New York personal injury lawyer to help navigate the complex process of your case and win it. Q3: Can you legally enforce summer camp waivers? A: One of the first documents that camps give you to sign when you enroll your child is a waiver. This is an attempt to alleviate as much responsibility and liability for accidents and injuries to children as possible. In some cases, you can legally enforce these waivers, but bear in mind that depending on the circumstances of your case, they have their limits. Legal Help in New York for Summer Camp Accidents If you or a loved one’s child suffered serious injury in a summer camp accident caused by negligence, you should immediately get in touch with the reliable personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. Summer camps can be fun but they can also be your worst nightmare. You do not want to receive that phone call but if you do you need to be ready and think clearly. Hollering at the summer camp managers is probably futile and screaming at the hospital staff is certainly pointless and not helpful. You need legal help and this is where RMFW Law comes into the picture. You need to call us! We charge you nothing up front and we know how to win cases. What really happened? What is your side of the story? RMFW Law looks forward to hearing from you. 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.

FATAL ACCIDENT REMAINS UNDER INVESTIGATION FREEMONT, NEW YORK (January 15, 2017) – Richard Clark was killed in a tragic car accident after the Milk Truck that he was driving crashed on the I-295. Police are still trying to determine what caused the car to spin out in the middle of the roadway. Investigators have not been able to determine if drugs or alcohol played a role in the crash. The fatal accident took place in the afternoon on a Saturday. The tanker truck flipped over as it tried to avoid the car that spun out in the road. State troopers are still looking for anyone that has information about how the accident happened. 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.