Scott C. Gottlieb, Injury Law Attorney

We often get calls from assault victims interested in pursing a claim against the assaulter or the establishment where the injury occurred. While claims such as this are possible, there are several reasons that discourage us from pursuing these types of cases. Most significant is the fact that injuries that are intentionally caused are normally not covered by insurance, such as the assaulter’s homeowners policy. Therefore, it is necessary to sue the individual and hope to collect from any personal assets owned by him. Under some circumstances, if the assaulter was illegally served alcohol by a commercial establishment, an action can be brought against the bar or convenience store that improperly provided the assaulter with the alcohol. However, these cases are difficult to prove and often, if the establishment is a bar, there may be no insurance or no assets to collect from. Nevertheless, if someone is a victim of a crime and they have incurred medical expenses, property damage and/or lost wages, they may apply to the New York State Crime Victims Assistance Center. With a proper application, this agency will, in most cases, pay for uninsured medical expenses, property damage and/or lost wages. The number for your local office of the Crime Victims Assistance Center can be obtained from the police department, the district attorney’s office or the phone book.

Labels: general, injury

Driving While Intoxicated has grave consequences. Whether there is an accident or not, being convicted of DWI will turn into a very expensive proposition. Each year, more states, especially New York, are increasing the penalties for DWI offenses. At a minimum, if you are convicted of DWI in New York, you will pay a fine of $500 as well as a Court surcharge. Your license will be revoked for 6 months and the Department of Motor Vehicles will charge you a civil penalty of $750, to be paid over the next 3 years. If you choose to get a conditional license prior to the expiration of your 6 month revocation, there will be other DMV costs for processing your request and participating in the Drinking Driver Program. Finally, your insurance rates are likely to increase, due to a re-evaluation of your risk status. The best solution is never to drink and drive. In the alternative, you may purchase an alcohol sensor device that will measure your blood alcohol content prior to getting behind the wheel.

Labels: accidents, general

Many states have recently considered passing legislation prohibiting text messaging while driving. Some states have proposed similar legislation involving prohibitions against eating food while behind the wheel. The reality is that distractions are one of the leading causes of motor vehicle accidents. Any time the driver must look down, thus taking his eyes off the road, there is a greater risk that he will be involved in a collision. The lesson to be learned is that any conduct, whether it be speaking on a cell phone or talking to other passengers, is potentially dangerous if it causes the driver to focus away from the road ahead.

Labels: accidents, general

As we draw closer to deciding who will be our next president, many of us in the legal community are wondering whether we will see the passage of tort reform laws. Generally speaking, it has been the Republican party that has been in favor of reducing awards to accident victims and those hurt by medical malpractice or bad medications. However, it is still uncertain whether or not the election of a Democratic president would translate into tort reform. For example, many large drug companies have supported Democratic candidates, which could mean that promises have been made to limit lawsuits against drug manufacturers. Fortunately, thus far, there have been no substantial changes in our state or federal tort laws. However, this issue is likely to again be raised after the seating of a new president.

Labels: general

You may have read recently that the Oscar Mayer Weinermobile was involved in an accident. Many people might wonder whether or not such a vehicle falls within the same category as the family sedan. In New York, it does. It is still a motor vehicle as defined by law. As such, any injured passengers would be entitled to no-fault benefits for medical expenses, lost wages, etc... Provided their injuries meet the threshold for a serious injury pursuant to the Insurance Law, they would also be entitled to compensation for pain and suffering. In addition, if the driver or any of the passengers were working at the time, they might also be entitled to claim Workers Compensation benefits.

Labels: accidents, injury

Our Winter 2008 Newsletters are just going out, so keep your eye out for it in the mail. If you are not currently a subscriber, or if you wish to unsubscribe, please following the instructions on our website. Be safe in 2008.

Labels: general

Slip and fall accidents don’t always occur because of slippery or uneven walking surfaces. Often, poor lighting is the cause of the accident. For example, when walking through a restaurant, there may be carpeted steps that are not clearly marked or are poorly lit. In that case, a patron might not be aware of the existence of steps, causing them to fall. More and more restaurant establishments are lighting the steps or marking them clearly with bright tape. Sometimes their failure to do so can result in a claim against the restaurant. We are currently pursuing a case where a restaurant patron came in from the outside on a very sunny day. Before their eyes could adjust to the interior lighting of the restaurant, our client fell down a flight of steps as the hostess led the party to their table. Our case is based on the fact that the steps were not properly lit and that the restaurant hostess did not give our client any warning as they approached the steps.

Labels: accidents, injury