New York Personal Injury Attorneys Blog

Published on: April 29, 2014

New York Governor Andrew Cuomo says changes to the Scaffold Law are not on his priority list and are unlikely to happen this year

Labor Law 240 known as The Scaffold Law protects New York construction workers from elevation related construction accidents. Recently the construction industry and real estate developers have been making another legislative push in Albany to change the law to their advantage. In response to this push, New York Governor Andrew Cuomo said last week in an interview with the Crain’s editorial board that he had no intention to change the law. Cuomo said that changes to Labor Law 240 were not a top priority for business interests or for him.

Cuomo also added that the law couldn’t be changed because of the strength of its supporters, particularly the New York State Trial Lawyers Association. The trial lawyers as well as immigrant rights and community organizations support the law because even though it is not perfect it remains the only way to make sure construction workers are adequately protected from dangerous accidents.

Read the Crain’s article

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Published on: April 28, 2014

The FMCSA proposes a new rule that will allow truck and bus companies to sign and maintain documents eletronically

By GGCRBHS&M

A new rule proposed by the FMCSA would allow commercial carriers to use an electronic signature and to store their documents electronically. This new rule would apply to documents that trucking and bus companies are legally obligated to retain but not to forms and documents that have to be submitted directly to the FMCSA. This proposed rule responds in part to the President’s January 2011 Regulatory
Review and Reform initiative and would implement the Government Paperwork Elimination Act (GPEA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN).

Read the complete rule proposal

Published on: April 28, 2014

FDNY fire dispatchers and supevisor suspended after an ambulance delay related to a fire that killed two children in Far Rockaway, Queens, NYC

By GGCRBHS&M

A preliminary investigation into the ambulance delay related to a deadly fire in Queens (see previous blog) lead to the suspension of 3 FDNY dispatchers and their supervisor.
Read more in New York CBS

Published on: April 28, 2014

Motorcyclist suffers personal injury after being struck by a police car rushing to a report of a robery in Queens, NYC

By GGCRBHS&M

A biker was injured after he was hit by a police car on the corner of Farmers Blvd and 120th Street. in St Albans, Queens. The police car had its lights and sirens on and was rushing to a report of a robbery. They apparently went through a red light when the accident happened.

Woman dies in NYC Subway Accident

By GGCRBHS&M

A woman died after being struck in the head by a subway in New York as she leaned over the platform to check if the train was coming. The 55 year old woman was waiting for the northbound 6 train at the Astor Place station when the fatal accident happened.

Today is Worker’s Memorial Day 2014: New York honors the memory of workers who have died or have been injured on the job and fight for the safety of those who are alive and in good health

By GGCRBHS&M

Worker%27s%20memorial%20day.jpg In New York City, a memorial including the Hardhat Procession into the Cathedral will be held this afternoon at St Patrick’s Cathedral during which OSHA’s Manhattan Area Office Director Kay Gee and Labor Liaison Laura Kenny will read names of construction workers killed on the job in New York City over the past year.

Other events will be held by OSHA and by other occupational safety activists and unions such as CSEA all around New York State and around the country.

Every year in New York close to 70,000 workers will suffer personal injury or illness related to their job and hundreds of them will die on the job.

Published on: April 25, 2014

Negligent truck driver hiring puts road users at risk of dangerous accidents and expose commercial cariers to expensive lawsuits

By GGCRBHS&M

With the actual growing shortage of qualified truck drivers, trucking companies may be tempted to lower their hiring standards to avoid turning down jobs. These companies should keep in mind that by scarifying safety for profit they put themselves at the mercy of a negligent hiring lawsuit.

Trucks are dangerous vehicles and motor carriers are responsible for any accident caused by their drivers. Therefore if the company was negligent in its hiring process in addition to the usual negligent driving claims it can also be held responsible for the personal injury, the death and the property damage resulting from an accident caused by its driver on a separate cause of action alleging negligent hiring. In some states based upon the driver’s record at the time of hiring punitive damages may be recoverable.

In his article “Negligent Driver Hiring Can Bite You in the Butt” , Don Jerrel, Associate Vice President at HNI, explains how hiring, training and keeping qualified and successful truck drivers will protect commercial carriers from expensive lawsuits and improve safety on the road by reducing truck accidents.

Published on: April 25, 2014

Bronx Bridge built in 1932 listed as one of the top 10 most traveled “structurally deficient” bridges in New York State

By GGCRBHS&M

Everyday around 150,000 vehicles travel on a Bronx bridge that was built in 1932 and that may be about to collapse. The bridge which is the connector carrying the northbound lanes of the Major Deegan Expressway over an abandoned subway track is the oldest bridge listed in the top 10 most traveled structurally deficient bridges in the State in a new report by the American Road and Transportation Builders .

The 9 other listed bridges are all in New York City: 1 is in Staten Island, six are in Brooklyn and two in Queens.

Top%2010%20most%20traveled%20structurally%20deficient%20bridge.png

9 people seriously injured including 3 in critical conditions in SUV accident in Bronx, NYC

By GGCRBHS&M

9 people suffered severe personal injury after a SUV crashed into a wall early this morning at 5:30 am at Exit 13 of the northbound New England Thruway in the Bronx, New York. The driver of the SUV, a Cadillac Escalade from a car service company, lost control of the vehicle and crashed into a wall. The passengers, five men and 3 women all their 20s and 30s were rushed to the hospital.

In New York City cyclists have a higher risk of death in a traffic accident than pedestrians

By GGCRBHS&M

Pedestrian%20fatality%20rate.png Today we are looking at fatal pedestrian and bicycle accidents in New York and in the US.This is part 3 of of our series on the Walking and Bicycling Alliance 2014 Benchmarking report.

Globally since 1980, the pedestrian fatality rate and the bicyclist fatality rate have been decreasing significantly in the US. In 1980, 8070 pedestrians and 965 cyclists died on the road compared to respectively 4432 and 677 in 2011. However while the absolute numbers dropped, the percentage of pedestrian and cyclist fatalities among all traffic fatalities increase from 12.6% in 1980 to 15.8% in 2011.

Pedestrians and cyclists who are 65 and older have a much higher risk to be involved in a fatal accident. Seniors represent 10% of pedestrians and 6% of cyclists but account for 19% of the pedestrian fatalities and 12% of the cyclists fatalities.

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