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Electrical Shock and Electrocution Injuries on Construction Sites in NY

To comply with the requirements of New York labor laws, owners and general contractors must take measures to prevent workers from working in proximity to open sources of electricity, and must adequately warn workers of any unguarded power lines or sources. Any defective insulation must be replaced, and all electrical tools, including portable generators, must be properly grounded. Owners and general contractors must ensure that the supply of power to the site is adequate to handle all work being done, that circuits are not being overloaded, and that the construction site is not a tangled web of extension cords that can easily be cut by power tools.

Under New York law, owners and general contractors on construction projects have a duty to take certain precautions to minimize the risk of injury due to electrical shock or exposure to electrical current. §200 of the New York state labor laws mandates that owners and general contractors provide a safe environment for construction workers and visitors, and imposes liability for any injuries sustained because of failure to meet this obligation. The statute imposes absolute liability for any injuries suffered, which means that, as the injured party, you don’t need to show negligence or carelessness, only that the standards established by the law were not met.

Burns are the most frequent type of injury associated with exposure to an electrical charge. The degree of the burn will generally depend on how many volts of electricity you were exposed to. The burns that you suffer from an electrical injury can be internal, as well as external. These types of burns can lead to excruciating pain that lasts months or years.

With offices throughout the New York City area, the personal injury attorneys at Sackstein Sackstein & Lee, LLP have been assisting accident victims since Harvey Sackstein started his practice in 1952.

Harvey Arthur Sackstein (1927-2014) Founder Sackstein Sackstein & Lee, LLP

In memory of Harvey Arthur Sackstein (1927-2014) a great individual and an outstanding attorney who served our community for over 60 years. He is survived by his wife, 3 children, and 6 grandchildren. He will be greatly missed by his family, friends and all of the members and associates of Sackstein Sackstein & Lee, LLP, who will continue to honor his legacy and tradition of superior legal service and commitment in the representation of their clients.

Harvey-A.-Sackstein_9525

Sleep-Induced Crashes! – Reduce Your Risk of Drowsiness!

The characteristics of sleep-induced crashes are: The crash is very serious, it is a high speed road, the vehicle goes off the road and the driver does not take evasive action.

Lifestyle Habits. Eat light. Exercise regularly. Get 7-8 hours of sleep a night. Every time you miss sleep, catch up immediately.

Plan Journeys. Before a trip, get a good night’s sleep. Leave early in the morning and stop driving around sunset, or as early as possible, to reduce night-time driving. Drive with a passenger who can alert you to fatigue, talk to you, and share the driving. Schedule stops every 100 miles or two hours. Hunger can make you angry and turn you into an aggressive driver. Don’t eat junk or high-fat foods. Keep caffeinated and sugar-laden snacks in the car for short-term energy. Chocolate covered espresso beans can help you make it to the next rest area.

Direct Intervention. Recognize and don’t ignore symptoms of drowsiness. Pull over to a safe rest area; stop for a break, a 20-minute nap, or for the night. Two cups of coffee take 30 minutes to enter your bloodstream, then provide short term alertness.

Don’t drink alcohol or take medications.

Drowsiness is a condition most drivers fail to recognize, or believe they can overcome. Without enough sleep the body suffers from “sleep deficit,” which can only be overcome by SLEEP!

Sleepiness results from physical labor or working long hours; a progressive withdrawal of attention; interruptions of sleep; and untreated or unrecognized sleep disorders. Sleepiness is induced by repetitive actions of long distance drivers, driving without a break and by the stress of tough road conditions and bad weather. Heavy food, alcohol, sedatives, antidepressants and antihistamines induce sleep. Open windows and loud music do not reduce fatigue.

Information Provided bySackstein Sackstein & Lee, LLP 

 

Motor Vehicle Crashes are a leading cause of death for children younger than 13.

When it comes to crashes, children are much safer than they used to be.The rate of motor vehicle crash deaths per million children younger than 13 is less than a quarter of what it was in 1975. The rate at which children die as passenger vehicle occupants has decreased 60 percent, while the rates at which they are killed as pedestrians and bicyclists are each about one-tenth of 1975 rates.

Proper restraint use can reduce crash deaths and injuries even more.Appropriate child safety seats provide significantly more protection in a crash than safety belts alone.

Choose the right restraint for your child’s age and size, and always seat kids in the rear.

  • All infants and toddlers should ride rear-facing until they are 2 years old or until they reach the height and weight limit of their child restraints.
  • Once they outgrow rear-facing restraints, children should ride in a harness-equipped forward-facing child restraint for as long as possible, up to the height and weight limit of the child restraint. Top tethers should be used whenever a child restraint is installed forward-facing.
  • When children outgrow child restraints, they should use belt-positioning booster seats until adult safety belts fit properly.

For information about Motor Vehicle Crashes claims in New York, or to discuss your auto accident with an experienced personal injury lawyer, please schedule a free consultation by calling us toll free at 888.519.6400, in Garden City at 516.248.2234, in Flushing-Queens at 718.539.3100, or if you prefer, fill out our intake form and we will contact you. Let our family fight to get your family the compensation you deserve.

Investigating Injuries to Pedestrian and Knockdowns!

Pedestrian Knockdowns and Injuries

Pedestrian knockdowns often involve head, neck, back, and broken bone injuries. Far from being minor injuries, most pedestrian knockdowns leave people seriously injured and unable to return to work for quite some time. As a result, it’s important to accurately determine the financial impact of a pedestrian knockdown in terms of immediate medical treatment, physical therapy, future surgery, lost wages, and loss in quality of life. When young people or children are involved, family members must also considered whether or not a structured settlement or special needs trust is preferable when the injured person will require a lifetime of medical care.

Investigating Pedestrian Knockdowns

It’s not uncommon for cab drivers, bus drivers, and car drivers to claim they aren’t at fault when they hit a pedestrian. Usually they claim a pedestrian “came out of no where,” stepping off a curb without warning or crossing when the “don’t walk” sign was on. For these reasons, it’s essential to investigate pedestrian knockdowns, carefully read police reports, interview eyewitnesses if they can be located, and use traffic camera footage when available. Since drivers aren’t always aware of pedestrian rights they don’t always observe crosswalks or intersection right-of-way laws. As a result, pedestrians getting hit while crossing a street according to their right-of-way and getting blamed for it by the driver is not unheard of.

Contact New York Pedestrian Knockdown Attorneys

If you’ve been injured in a pedestrian knockdown, contact New York pedestrian injury attorneys at Sackstein, Sackstein & Lee, LLP today. We have the resources needed to investigate pedestrian knockdowns and hold negligent drivers financially accountable for the injuries they cause.

Motor Vehicle Accidents and Drunk Driving!

Driving drunk and being caught carries serious consequences. Drunk driving information obtained from law enforcement agencies shows strict guidelines by which impaired drivers are prosecuted and new national legislation is enacted every year.

Thousands of alcohol-related fatalities occur annually which could have been prevented and more than 1 million people were arrested for driving drunk last year. The following information on drunk driving is important to any person who drinks alcohol.
If a person is driving down the road and begins to swerve between lanes, repeatedly change speed, or seems to be nodding off to sleep, a law enforcement officer will stop the vehicle and begin to interview the driver. This road side interview is based on the officer’s education and professional information on drunk driving.

First, there will be general information questions like the request for identification, insurance and vehicle ownership. Next, is the field sobriety test which consists of performance of several small tasks which a non-drinking driver would be able to correctly complete.
These sobriety tests include proving mental coherence by repeating numbers and letters backwards, proving motor coordination by walking a straight line and proving balance by standing on one foot with closed eyes. The last and most definitive, step is the breathalyzer test. The breath alcohol content (BAC) test is administered by having the suspected drunk driver exhale into a mouthpiece attached to a breath collection chamber.
This device is equipped with a scale to measure the amount of alcohol in the blood stream. If the BAC is .08% or higher, the drunk driver is arrested and taken to jail, the car will be towed to an impoundment lot and criminal DUI charges are filed against the driver.
A coin operated breath analyzer, found at responsible bars and other establishments where alcohol is served, is a safety measure designed to immediately determine if a driver is safe or a potential traffic safety hazard. This low cost and easy to use technology can save drinking drivers their drivers’ license, time incarcerated, legal costs and the pain of being involved in a drunk driving crash
It is important to remember driving while drunk is not only illegal, but it is dangerous to the driver and the general public. Knowing the law, self testing of BAC and staying off the road while impaired are the best ways a driver can stay safe.

With offices throughout the New York City area, the personal injury attorneys at Sackstein Sackstein & Lee, LLP have been assisting accident victims since Harvey Sackstein started his practice in 1952.

Labor Day Drive Sober or Get Pulled Over

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) joined with safety advocates and law enforcement officials to announce the Department’s annual Labor Day Drive Sober or Get Pulled Over crackdown on drunk drivers. With an average of one person losing their life every 51 minutes due to an alcohol-impaired driving crash, this year’s announcement includes a special focus on both the personal and economic costs of drunk driving.

According to a 2014 NHTSA report, crashes caused by drunk drivers cost the nation $47 billion in direct economic impacts in 2010, an average cost of $152 for every person in the U.S., and rose to $195 billion when the overall harm to society due to loss of life and quality of life was included.
“Drunk driving is a deadly and preventable crime that destroys lives and costs the nation billions of dollars every year,” said U.S. Transportation Secretary Anthony Foxx. “With the help of law enforcement around the country, we are going to continue doing all that we can to stop drunk driving and the needless tragedies that result from this reckless behavior.”
This year’s high visibility enforcement campaign comes in time for the Labor Day holiday and the unofficial end of summer. More than 10,000 people die each year in drunk driving crashes and 35 percent of these fatalities are passengers, occupants of other vehicles or non-occupants. In addition, NHTSA data shows that injuries resulting from a drunk driving crash cost victims not only financially, but also through a huge impact to their overall quality of life.
In crashes caused by drivers with a blood alcohol content (BAC) over the legal limit of .08, the average economic cost of a minor injury is approximately $22,000, with additional losses related to quality of life totaling more than $25,000. These costs increase based on the severity of the injury, with critical injuries resulting in economic costs of more than $1.1 million and lost quality of life valued at nearly $5 million.
“The costs of drunk driving — in lives and economic harm — are far too high for anyone to ever get behind the wheel after they’ve been drinking,” said NHTSA Acting Administrator David Friedman. “Do not make one of the last wonderful days of summer the final tragic day of your life – or someone else’s – by driving after drinking. Remember to Drive Sober or Get Pulled Over.”
More than 10,000 police departments and law enforcement agencies across the country will support the Drive Sober or Get Pulled Overcampaign beginning August 15 and continuing through the Labor Day holiday weekend.

With offices throughout the New York City area, the personal injury attorneys at Sackstein Sackstein & Lee, LLP have been assisting accident victims since Harvey Sackstein started his practice in 1952.

 

“Distracted driving is a serious and deadly epidemic on America’s roadways,”

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) released new survey results that show that Americans continue to use electronic devices while driving, despite warnings that it causes their own driving to deteriorate and can lead to crashes, injuries and even death. The new data are being released at the start of National Distracted Driving Awareness Month.
The new data include statistics from the 2012 Distracted Driving Attitudes and Behaviors Survey and the 2011 National Occupant Protection Use Survey on Driver Electronics Use, as well as the 2011 Distraction Fatality Analysis Reporting System (FARS) data. All three reports are being highlighted in the premier issue of NHTSA’s SAFETY IN NUMBERS online monthly auto safety newsletter.

Driver Electronic Device Use

Driver Electronic Device Use

2011 National Occupant Protection Use Survey (NOPUS) shows that at any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010. According to separate NHTSA data, more than 3,300 people were killed in 2011 and 387,000 were injured in crashes involving a distracted driver.
“Distracted driving is a serious and deadly epidemic on America’s roadways,” said U.S. Transportation Secretary Ray LaHood. “There is no way to text and drive safely. Powering down your cell phone when you’re behind the wheel can save lives – maybe even your own.”
According to NHTSA’s 2012 National Survey on Distracted Driving Attitudes and Behaviors, most drivers support bans on hand-held cell phone use (74 percent) and texting while driving (94 percent). On average, these drivers thought the fines for these offenses should be at least $200.
So far 39 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands ban text messaging for all drivers. Also 10 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands prohibit all drivers from using handheld cell phones while driving.
“Many drivers see distracted driving as risky when other drivers do it, but do not recognize how their own driving deteriorates,” said NHTSA Administrator David Strickland. “I urge all motorists to use common sense and keep their attention focused solely on the task of safely driving.”
More than 6,000 respondents age 16 and older were interviewed by phone for the National Survey on Distracted Driving Attitudes and Behaviors. Almost half of drivers said they answer an incoming call and one in four drivers are willing to place a call on all, most, or some trips. Slightly fewer are willing to make a call while driving compared to 2010 (28% to 24%), but there is little if any change in those who answer a call while driving (52% to 49%). Considering that in 2011 there were almost 212 million licensed drivers in the America, about 102 million drivers were answering calls and 50 million drivers were placing calls while driving.
To prevent distracted driving, the Department of Transportation recommends that drivers:
 Turn off electronic devices and put them out of reach before starting to drive.
 Be good role models for young drivers and set a good example. Talk with your teens about responsible driving.
 Speak up when you are a passenger and your driver uses an electronic device while driving. Offer to make the call for the driver, so his or her full attention stays on the driving task.
 Always wear your seat belt. Seat belts are the best defense against other unsafe drivers.

Contact Sackstein Sackstein & Lee, LLP- Put a Winning Team in Your Corner

For more information about the law, the legal process or how we can help you get the compensation you deserve after an accident, schedule a free consultationwith one of our experienced personal injury attorneys by calling us toll free at 888.519.6400 or, if you prefer, fill out our intake form, and we will contact you. Let our family fight to get your family the compensation you deserve.

to mitigate injury and death on our nation’s roadways.

UNINSURED DRIVERS AND CAR INSURANCE IN NEW YORK

An estimated one in three drivers on New York roads are uninsured or underinsured. Statistics show that these people are among the least safe drivers on our roads. What can you do to protect yourself and your loved ones against dangerous uninsured motorists?

Uninsured Drivers and Car Accidents

Contact Sackstein, Sackstein & Lee, LLP

You can make sure that your insurance policy has adequate uninsured and underinsured motorists coverage. Your insurance carrier by law is required to offer you “UM” coverage in your policy. This aspect of insurance has been established to make sure that you will be compensated in case of injuries and damages caused by an underinsured or uninsured driver. It maybe useful to speak with your insurer to determine how much UM coverage you need to carry to make sure you are covered at an appropriate level in the event of serious injury.
Who Is Protected by Uninsured or Underinsured Motorists Coverage
• Any family member living in the same house as you
• Temporary visiting guests who borrow your car
• Minor children with drivers’ licenses who do not live with you
• College-age children away at college
• Passengers in your car at the time of the accident
• People injured by a hit-and-run driver
Even if you were walking when you were struck and injured, or even bicycling, you should be covered under your own UM insurance policy if the person who caused your injuries is uninsured. An attorney who is experienced in personal injury law can help you understand how to adequately protect your rights in situations like this.
Common reasons that drivers are uninsured or underinsured include:
• The driver does not have legal status to be in the country
• The driver has a criminal record and is not allowed to drive
• The driver has a suspended license
• The driver is hoping to save money

Car accident claims involving wrongful death require expert legal assistance. The personal injury attorneys at Sackstein, Sackstein & Lee, LLP are well-experienced in serious injury and wrongful death cases and will work hard and competently to obtain complete compensation for your injuries and losses.

Contact Sackstein, Sackstein & Lee, LLP
To set up a free initial consultation, contact us by e-mail or call us toll free at 888-519-6400. We can also be reached in Garden City at 516-248-2234 or in Flushing – Queens, Brooklyn or Bronx at 718-539-3100. Phones are answered 24 hours a day, seven days a week. Home and hospital visits can be arranged. Our offices are in Queens, Brooklyn, Bronx and Nassau counties.
Helping Families Just Like Yours Get Maximum Compensation for Personal Injury

Medical Malpractice Lawsuits Make Hospitals Safer

Study Finds : “Medical Malpractice Lawsuits Make Hospitals Safer”

The most common medical errors are not surgical errors, labor-and-delivery errors, or drug mistakes. The medical mistakes that lead to the most medical malpractice lawsuits and payments are diagnosis mistakes.
Researchers* used the National Practitioner Data Bank, an organization that records all actions taken against health care professionals by state licensing boards, to determine that 28.6 percent of medical malpractice lawsuits are for mistaken diagnosis, delayed diagnosis, and other diagnosis errors.

Diagnostic mistakes accounted for 33.8 percent of disabilities and nearly 40 percent of deaths that led to medical malpractice payments. There were more than 100,000 payments as a result of diagnostic mistakes from 1986 to 2010. The senior author of the study, Dr. David E. Newman-Toker, who is an associate professor of neurology of Johns Hopkins, said, “This is a major health problem . . .. There’s a lot of room for improvement. You can’t get the treatment right if you don’t get the diagnosis right.”

Error relating to medical treatment and surgery were the second and third most common causes of medical payments stemming from lawsuits. Obstetric, medication, monitoring, anesthesia, and the rest accounted for 20 percent of medical malpractice lawsuit payments.

Contact Our Office

To set up an appointment with an experienced New York medical malpractice injury lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is free of charge.