New York, NY Personal Injury Blog
Former CNN correspondent Miles O’Brien, 54, lost his left arm after an accident in Asia. A case full of heavy TV equipment fell on his arm while he was stacking cases onto a cart at the end of a reporting trip.
According to O’Brien, he thought his arm would heal itself without any medical intervention. Then within 24 hours of the accident, he experience he more pain and swelling.
CNN (2.26.14) reported that the doctor he saw suspected acute compartment syndrome. This condition involves increased pressure in a muscle compartment that can block blood flow. Early diagnosis and treatment are crucial for a good recovery. If the pressure lasts long enough, the muscles nerves can suffer permanent injury, sometimes requiring amputation.
While undergoing emergency surgery O’Brien’s blood pressure unexpectedly dropped and doctors amputated his left arm above the elbow to save his life.
Said O’Brien in the CNN article, “It all boiled down to a choice … between a life and a limb.” He added that he is grateful to be alive.
According to CCN, O’Brien has suffered “phantom pain” since the accident, the challenges of “daily life with one hand and the worries about what lies ahead.” On his website, he wrote that he “frequently pilots his own airplane to assignments.”
Workers’ Comp for workers injured in the workplace
Workers’ compensation in New York is a no-fault system. If an employee is injured in a New York workplace accident or develops a work-related illness or disability, he or she is entitled to receive benefits. New York workers’ comp laws are designed to help an injured worker with medical expenses, lost wages, vocational rehabilitation and more.
Workplace injuries and New York workers’ compensation
To receive workers’ compensation, the employee who is injured in the workplace must follow certain steps within a certain timeframe. The first step for workers who are injured on the job is to obtain any necessary first
A faulty water heater flue pipe was blamed for a carbon monoxide leak that killed a restaurant manager and sent more than two dozen people to hospitals. The tragedy took place at Legal Sea Foods at the Walt Whitman Shops on Long Island.
According to ABC News (2.23.14), the ventilation systems circulated the poisonous odorless gas around the basement. A flue pipe that is working right will carry gas from the water heater to the outside. At Legal Sea Foods, the leaky pipe caused the gas to build up in the basement.
The carbon monoxide leak was discovered after authorities responded to a call about a woman who fell and hit her head in the restaurant’s basement. The gas made the rescue workers feel lightheaded and nauseated and this alerted them to the problem.
Nelson was unconscious in the basement and pronounced dead at a hospital. The carbon monoxide leak also sent 27 people to the hospital. All were restaurant employees, police or ambulance workers.
The carbon monoxide leak was said to be “a wakeup call for commercial businesses” to place monitors in all businesses. There were no carbon monoxide detectors in the building at the time of the accident. None were required.
Legal Sea Foods was issued a citation for violating town ordinances by having defective equipment.
Workers and poisonous gas accidents
Carbon monoxide has no odor, color or taste. People who are breathing in carbon monoxide cannot take in as much oxygen as they need. This can lead to serious tissue damage or death by suffocation.
According to the U.S. Environmental Protection Agency, sources of carbon monoxide could include unvented gas space heaters, leaking furnaces or automobile exhaust in garages.
If there’s too much carbon monoxide in the air they are breathing, people can’t take in as much oxygen as they need. This can result in serious tissue damage.
More than 400 Americans die every year from unintentional
One person was killed and six others injured in a multi-vehicle crash on the New York State Thruway in the Hudson Valley. The seven-vehicle pileup was set off when a Thruway plow truck pulled on to the shoulder after it began spewing smoke, according to CBS News. (2.27.14) This accident illustrates how dangerous multi-vehicle accidents can be, said Attorney at Law David Perecman, founder of The Perecman Firm.
“Multiple-vehicle crashes may also create problems with accountability. When many drivers are involved, there may be questions regarding who was to blame for the accident,” said Perecman.
In addition to the plow truck, the accident included two tractor-trailers and four cars, said CBS News.
The engine compartment was smoking when the plow truck pulled on to the shoulder, reported CBS News. The smoke caused limited visibility on the road. To escape the smoke, a car swerved out of its lane and hit a third passenger vehicle. A fourth car then sideswiped the blade of the plow truck.
Then a 2007 Toyota Prius driven by Mark Becker,53, slowed down. A tractor-trailer rear-ended his car, pushing the car into the back of another tractor-trailer. Becker died at the scene, CBS News said. The six other accident victims suffered non-life threatening injuries. An investigation is being conducted.
Auto accident lawyers at The Perecman Firm understand that passengers and drivers have an increased chance of suffering serious injuries with more vehicles involved. Multi-car accidents with repeated impacts can increase injuries and make it harder for first responders to get to the victims and help them.
If drivers are careless and-or found to be negligent in any way that led to a multi-car accident, the drivers could be held responsible for damage they caused. However, it may be hard to determine who was at fault when there were multiple parties involved in an accident. An experienced auto accident lawyer can help collect evidence and investigate
New York Construction Accident Lawyer David Perecman Weighs in on Brooklyn Building Collapse, Eight Injured
Eight workers were seriously hurt in a building collapse in Brooklyn. They people were doing interior demolition work when they fell from the third floor to the first floor of the building, said NY1 (2.26.14). David Perecman, founder of The Perecman Firm, understands that demolition work can be as dangerous as construction and many safety precautions need to be taken.
“Demolition can even be more dangerous in some ways,” said Perecman. “It’s more unpredictable. Workers face the unknown every time they remove part of a building.”
Demolition workers often do not know how a building was constructed, so when they remove part of the building they may not know what exactly may happen.
According to NY1, the Department of Buildings issued a stop work order for the building, as well as an order to demolish the building. Area residents believed “for a while now” that the vacant building was dangerous and unstable.
The Occupational Safety and Health Administration (OSHA) warns workers of the following hazards unique to demolition work:
Deviations from the structure’s design introduced during construction
Modifications that changed the original design
Materials hidden within structural members
Unknown strengths or weaknesses of the materials
Serious construction injuries can occur during demolition. Source of construction accidents resulting in injuries include falls from heights; entrapment in an imploding structure; being struck, crushed, or buried by falling objects; explosive accidents; exposure to asbestos, silica, lead, other dangerous compounds; and electrical burns.
As with new construction, these and all types of construction accidents can result in serious injury or death. If a New York demolition worker is injured on the job due to an employer’s negligence, he or she may have the right to recover damages. The families of construction workers killed on demolition sites may contact a lawyer to file a wrongful death lawsuit.
None of the injuries were life threatening to the workers involved in the construction accident
Civil Rights Violation Lawyer David Perecman Congratulates Winners of the 2014 Oscar Awards, Recommends Films for Perspective on Civil Rights
Civil rights violation lawyer David Perecman congratulates all the winners in the 86th edition of Academy Awards after results for Oscars 2014 were revealed Sunday, March 2.
“Congratulations to McConaughey, Cate Blanchett, and all the other winners on receiving an Academy Award, the most prestigious honor that the entertainment industry can bestow,” said Perecman.
He added: “I’d like to especially congratulate the team behind ’12 Years a Slave.’ Movies can make a difference. This year’s Best Film touched on African-American, slavery and civil rights themes, which allowed audiences to consider the complex question of racial equality, from both historical and current perspectives.”
A number of quality films depicting different perspectives on civil rights were also made in past years. USAToday (2.25.14) put together a list of “must-watch” films that depict the struggle for racial equality and address the issues of the civil rights movement. The films tackled issues including segregation and civil rights workers’ efforts in Mississippi from 1961 to 1964. The films on the list are presented in alphabetical order.
The Butler (2013)
Freedom on My Mind (1994)
Guess Who’s Coming to Dinner (1967)
In the Heat of the Night (1967)
Malcolm X (1992)
Mississippi Burning (1988)
A Raisin in the Sun (1961)
Remember the Titans (2000)
Talk to Me (2007)
To Kill a Mockingbird (1962)
“All these films, plus ’12 Years a Slave,’ encourage conversations about the changing meanings of equality in America,” said Perecman.
The USA Today story cited is “ 10 must-watch films for perspective on civil rights.”
Individuals who believe they have been victims of a New York civil rights violation, including race discrimination can contact The Perecman Firm at 212-977-7033.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York personal injury, medical malpractice, construction accident, and civil rights violation lawyers at The Perecman Firm, PLLC have handled all types of civil rights violation cases in New York
In December, a Metro-North commuter train derailed, killing four people and injured 75 others. The train left the track after taking a sharp curve at 82 mph. According to the New York Daily News (2.18.14), investigators determined that the train was going too fast — nearly three times the speed limit — at the time of the accident near the Spuyten Duyvil station.
After an investigation, the National Transportation Safety Board (NTSB) recommended a number of safety upgrades. The NTSB said Metro-North “should use a more systematic approach and install signage at all locations where permanent speed restrictions are in place.” Metro-North was also urged to install cameras in the cabs of locomotive engineers. The cameras would help investigators determine the causes of any future railroad accidents.
Understanding what is happening inside the cab just before a crash can provide investigators and personal injury lawyers with crucial information about how to prevent future accidents.
The recommendation, which was delivered in a five page letter, did not mention the New York train accident engineer. Train driver William Rockefeller was allegedly falling asleep at the controls as the train sped down the tracks at 82 mph
Train accidents due to negligence
Train accidents are often the result of many causes, one of which may be human error
A number of accidents have resulted from engineer negligence. Examples of negligence include being distracted by a cell phone or other people, failing to comply with speed restrictions, operating a train under the influence of drugs or alcohol, failing to control the equipment, or leaving cars in an unsafe position.
Other common causes of train accidents include derailment, hazardous spills, equipment malfunction, and collision with motor vehicles.
Train accidents and train derailments are often preventable.
Train accident-related injuries and personal injury lawyers
People who have sustained a serious train accident injury should contact a Law Firm that handles train and other vehicular accident cases throughout
A rabbinical student was run over by a Department of Sanitation truck Sunday while crossing a street in Crown Heights, Brooklyn, reported the New York Daily News (2.24.14). Gedalia Gruntzweig, 25, died at the scene of the accident.
The New York Daily News reported that a witness said the driver never saw the student while trying to make a right from Kingston Avenue onto Carroll St. After the trash truck hit Gruntzweig, he was run over by the truck’s tires.
Cars driving on Kingston Ave. indicate Gruntzweig had the right of way, the NYDN reported.
The driver of the trash truck was reported to have a valid driver’s license and no criminal record. The Department of Sanitation and the NYPD are investigating the tragic accident.
Auto accident injuries and fatalities caused by failure to yield right of way
Auto accident injuries are commonly caused by negligent drivers who fail to yield right of way and cause an accident. A failure to yield traffic offense involves a driver who fails to yield the right of way to another driver, pedestrian or bicyclist. There are a number of different types of these offenses, any of which can result in a serious accident. In New York, the failure to yield the right of way to a pedestrian at a crosswalk is one of the most common types of these accidents. This is what apparently happened in the case of Gruntzweig.
In failure to yield accidents, car accident victims are often caught by surprise and have little or no time to avoid getting hit by the vehicle.
According to New York State’s right-of-way laws, drivers are required to yield the right of way:
To oncoming vehicles who have the green light
To vehicles on the right if two vehicles enter an intersection at the same time
To drivers who do not have a yield or stop sign
To pedestrians crossing in crosswalks or at
The Arizona Legislature recently passed a bill that allows business owners to refuse service to gay or lesbian customers, CBS News reported. Civil rights violation lawyer David Perecman is astounded and appalled that the bill, SB 1062, had passed through both houses of the Arizona legislature.
The bill would give any business, church or person with religious beliefs a defense against action brought by the government or an individual claiming discrimination. The refusing business or person may seek an injunction if they can show that their actions are based on religious beliefs and that the claim against them would place a burden on their ability to exercise their religion, reported CBS News (2.22.14).
Governor Jan Brewer of Arizona is expected to make a decision about the bill soon.
Proponents of the law say it is needed to protect the “religious freedom” of people who have legitimate religious objections to gay marriage. Perecman joins the opposition arguing that a law like this acts as a license to discriminate. Democrats called the proposal ‘state-sanctioned discrimination’ and an embarrassment.”
“For a state to establish itself as intolerant and unwelcoming to many people who actually live there is unconscionable. Gays and lesbians are not second-class citizens,” Perecman said. “Everyone deserves equal treatment.”
“This legislation touches on issues including religious freedom, constitutional protections and civil rights,” said Perecman, a civil rights violation lawyer in New York for over 30 years. “If only Arizona had taken a step in the right direction.”
The CBS News story cited is “Arizona Bill Allowing Businesses To Refuse Service To Gays Advances.”
Lawsuits concerning discrimination have been filed against a number of companies. Individuals who believe they have been victims of a New York civil rights violation, including sexual orientation discrimination can contact The Perecman Firm at 212-977-7033.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York personal injury, medical malpractice, construction accident,
New York Auto Accident Lawyer David Perecman Weighs in on New Study, Car Crash Deaths Fell Among Older Drivers
Today’s drivers aged 70 and older are driving more, but fewer of them are likely to be involved in crashes when compared to previous generations. Older drivers are also less likely to be killed or seriously injured if they do crash, said a February 2014 study by the Insurance Institute for Highway Safety, USA Today reported. Attorney at Law David Perecman understands that there are a number of reasons for the decline in auto accidents and serious injuries.
Vehicles are safer, and newer vehicles have additional safety features. It is also believed that older people today are healthier and have fewer cognitive or physical impairments. Older people are driving more, too, and this helps them keep their driving skills sharper. These factors may result in fewer auto accidents with fewer injuries, said USA Today (2.22.14).
Safety features that benefit older drivers include traction- and stability-control systems that reduce rollover accidents and collision-avoidance systems with automatic braking. Side air bags may also be helping older people survive accidents that might have been fatal in the past, USA Today said.
Between 1997 and 2012, fatalities for drivers and passengers fell across nearly all age groups. For people 70 and older, fatality rates fell 42% between 1997 and 2012, according to USA Today. For drivers age 35 to 54, there was a 30% drop over the same period.
“Whether or not an older person should continue to drive should be based on a case-by case analysis,” said Perecman, an auto accident lawyer in New York for over 30 years.
Lawyers at The Perecman Firm understand that older drivers may experience a decline in their physical and cognitive functioning over time. The reaction time in seniors may slow down, making them less likely to react effectively to a sudden hazard on the road. Medical complications and-or loss of vision may also increase the chance that older adult drivers will be involved in a car
A smartphone app called CombatHate was introduced by law enforcement officials and community leaders at the Museum of Tolerance in Los Angeles, California. The new CombatHate app allows users to instantly and anonymously record and report incidents of hate crime. It is available for iPhone and Android users, reported CBS News (2.14.14). Civil rights violation lawyer David Perecman appreciates and welcomes this new app.
CombatHate was designed by the Simon Wiesenthal Center. Users gain the capability to instantly and confidentially report a hate crime, hate incident or online hate to the Museum of Tolerance, according to CBS News. The app is aimed at children and teenagers.
When young people upload a photo of an incident they want to report or type out a summary of what they witnessed, the information goes to the Center’s Digital Terrorism and Hate Project department where submissions will be reviewed. If a report can be considered criminal, the Center will send the information to law enforcement officials.
“New York could use an app like this that works on a local level,” said Perecman, founder of The Perecman Firm. “When people unite against hate incidents, whether speech, graffiti, or bullying, they can make a difference.”
Hate crimes in New York grew 30 percent between 2011 and 2012, to a total of 720 incidents last year, according to the New York State Division of Criminal Justice Services (DCJS 11.2013). New York City reported 374 hate crime incidents and 148 hate crime arrests. In other words, the City accounted for nearly 60 percent of all reported hate crime incidents and nearly 52 percent of all hate crime arrests in 2012. The rest of New York State reported 331 incidents and 138 arrests.
Significant increases were seen in New York City and Long Island. Incidents were up 54 percent in the city and up 18 percent in the rest of the state, according to the state Division of