March 2022 Personal Injury Law Update
March 2022 has been an eventful month. WIth Covid restrictions easing and people in NYC and Westchester getting back to their normal lives, accidents have continued to occur. This blog discusses some of the events that have been reported on in the major New York media outlets.
FIRE AT THE WHITNEY AND TWO OTHER MAJOR FIRES IN THE NEW YORK METRO AREA
On March 17, 2022, a fire broke out at a New York landmark, the Whitney museum. Luckily the fire was caught in time and quickly put out, however our NYC fire accident lawyers know the results could have been much more serious and know all too well the serious injuries that easily could have resulted. Like most fires, this fire was the result of negligence. It was reported that the fire was electrical in nature, and our NYC fire injury attorneys know that if electrical work is done correctly and if the NYC building codes are followed, electrical fires should not happen. New York has one of the most extensive electrical codes in the Country, which require among other things that electrical work only be done by licensed electricions, that electrical panels be made of fireproof materials, and that breakers be installed so that if the current is overloaded, the electricity is stopped and a fire doesn't happen. If a prominent museum like the Whitney can have a fire, then it can happen to anyone, which makes workmanlike electrical work a priority in any construction or building maintenance. If you have questions about suing for an injury that you sustained in a fire, call our New York fire accident lawyers.
As a case in point, that failure to comply with local codes, can result in a fire, this week there was a large building fire in Rockland County. An investigation into the cause of the fire revealed over 100 building code violations. Our New York fire accident lawyers know that rampant building code violations are accidents waiting to happen and unscrupulous landlords are the cause of countless accidents that result in unfortunate injuries.
In another tragic case, a fire in a Queens business, affected 30 different businesses at a popular indoor market, on Main Steet in Flushing today. Main Street is a major retail coordior in the heart of Queens and the damage, will likely be in the millions. Before the New York City Fire Department could get the fire under control, the building's roof collapsed. No determinations of fault have been made, as the fire investigation is ongoing as of the writing of this article and the cause and origin of this fire has not yet been determined.
CEMETERY LIABLE FOR CASKET POPPING OPEN AT BURIAL
In an unusual event, a Brooklyn cemetary botched a burial and tried to force a family's mother into a grave that was dug too small. The coffin got stuck and then popped open, while a family was morning their mother's passing. A Bronx Judge, this week, granted the family summary judgment on their lawsuit which seeks damages for the emotional distress that occurred while they were trying to peacefully pay their last respects.
SERIOUS INJURIES FOLLOWING DWI CRASHES IN LONG ISLAND AND WESTCHESTER
In the early morning hours of Friday, March 18, 2022,at 2:55 a.m., a Long Island man, who was a passenger in a vehicle involved in a drunk driving car crash in East Farmingdale, was hospitalized with serious injuries. The 26 year old driver of a mercedes benz, lost control of the vehicle, crossed the median and crashed through a fence and into several parked cars.
Deadly Westchester DWI crash. On Saturday 19, 2022, there was a DWI fatal crash on the Sprain Brook parkway, where a teenage operator who was both intoxicated and smoked marijuana, lost control of his vehicle and crashed through the barrier, and collided with another vehicle in the opposite lane of travel. The crash tragically killed a Yonkers man. In this case, not only can the operator be sued, but so can the vehicle owner and since the operator was under 21, anyone who provided him alcohol can also be sued for wrongful death. The operator was arrested and is facing criminal charges.
Driving while Intoxicated continues to be a major problem and on St Patty's day, there were three DWI arrests in the small Westchester town of Port Chester.
Our New York drunk driving accident lawyers know that a violation of Vehicle and Traffic Law 1192, the D.W.I. law, is prima facie proof of negligence, if it results in an accident. Our NYC and Westchester car accident lawyers know that often, drivers who are intoxicated drive at high and unsafe speeds and have diminished reaction times which can result in devastating high impact crashes. Some of the most serious injury cases our personal injury lawyers have handled have involved drunk drivers. If you were injured because a driver was drunk, call our Westchester and NYC drunk driving injury lawyers.
CONSTRUCTION ACCIDENT TRAGEDY
A construction accident fatality occurred on March 18, 2022, in which a Brooklyn construction worker was killed in a crane accident, during the construction of a Newburgh strip mall. Police responded and found the worker pinned by a crane boom that was being used to move construction materials. Our New York construction accident lawyers know that New York's Labor Law 240 and 241, have regulations that if followed should have prevented this accident. This poor guy went to work and because safe construction practices were not followed, he died a tragic death.
BRONX TRUCK ACCIDENT
The Bronx's Gun Hill Road was the scene of a truck accident that left two people hospitalized. The driver of the truck lost control and hit a pole, in the Laconia area of the Bronx. Our New York truck accident lawyers know that the size and weight of trucks makes any truck accident likely to result in injuries. New York laws require all drivers, including truck drivers to maintain a proper look out and keep their vehicles under proper control. If you were injured in a truck accident because of a careless truck driver, call our New York truck accident lawyers.
Former Peekskill Cop Pleads Guilty To Sexual Misconduct
A former Peekskill police officer, Michael Agovino pled guilty to multiple charges for misconduct while on duty, and will receive a seven year sentence. This former officer, forced women to strip in front of them, using the pre-text that he had to search them and on other occasions extorted several women by threatening to arrest them unless they performed oral sex on them. Our New York police misconduct lawyers know that this officer's actions violated his victim's civil rights and while he deserves the jail sentence he received, the victims are also entitled to compensation. 42 USC 1983 allows victims of police misconduct to sue those who under the color of law, violate their civil rights. To hold a municipality liable for civil rights violations, a Plaintiff must show that there was a pattern or practice which caused the violation. A failure to respond to prior complaints can be a practice of inadequate supervision. It is highly unlikely that these instances were the first complaints that the department received and there are likely civilian complaints that put the department on notice that this officer was a problem.
DEADLY MOTORCYCLE ACCIDENT IN LONG ISLAND
On the evening of Saturday March 19, 2022, there was a deadly motorcycle accident in Rockville Centre, when a middle aged man was crossing the street and was hit by a motorcycle, that then hit a vehicle. Our New York pedestrian accident lawyers know, that for a motorcycle to have hit the pedestrian and then a vehicle, the motorcycle must have been travelling atm an excessive speed. Motorcycle operators are required to drive at a reasonable rate of speed and exercise due care to avoid hitting pedestrians, while they cross the street.
WHITE PLAINS HIT AND RUN FATALITY
On Thursday March 17, 2022, White Plains was the scene of a fatal hit and run accident which left one man dead and another hopsitalized. The perpetrator was arrested later in the weeks and now faces felony charges for leaving the scene of the accident. Our White Plains hit and run accident lawyers know that the majority of hit and run perpetrators are never caught. That does not mean that you are our of luck if the perpetrator was not caught because your own insurance policy, in New York is required to have unidentified motorist benefits that provides compensation for hit and run injury victims.
