Rutberg Breslow Personal Injury Law Rutberg Breslow Personal Injury Law2024-03-11T21:40:26Zhttps://www.rutbergbreslow.com/feed/atom/WordPress/wp-content/uploads/sites/1203645/2019/09/cropped-download-32x32.pngOn Behalf of Rutberg Breslow Personal Injury Lawhttps://www.rutbergbreslow.com/?p=637052024-03-11T19:09:35Z2024-03-11T19:09:35ZWet floors
One of the most prevalent hazards in a grocery store is wet floors. Spills from various liquids like water, oil or even dropped produce can create slippery surfaces. Store employees are responsible for cleaning up spills promptly. However, these areas might go unnoticed or not be adequately marked with warning signs.
Uneven surfaces
Another potential risk is encountering uneven surfaces, such as torn or loose floor mats, cracked tiles or uneven pavement in the parking lot. These irregularities can easily trip up unsuspecting customers, leading to falls and injuries.
Cluttered aisles
Navigating crowded and cluttered aisles can also pose a risk of slips and falls. Merchandise left on the floor and overcrowded displays can obstruct pathways.
Poor lighting
Inadequate lighting can contribute to accidents by obscuring potential hazards or making it difficult for shoppers to see where they are going. Dimly lit areas, especially in corners or near shelves, may hide spills or obstacles from view. Grocery stores need to maintain proper lighting levels throughout the premises to enhance visibility and reduce the risk of slip and fall incidents.
Slip and fall accidents account for over 1 million emergency room visits each year. With so many of these accidents happening during mundane activities, such as grocery shopping, it is important to understand what premises liability risks to look out for during your everyday life.]]>On Behalf of Rutberg Breslow Personal Injury Lawhttps://www.rutbergbreslow.com/?p=636712024-02-07T02:02:59Z2024-02-13T02:01:37ZUnderstanding liability
To understand who might be liable for injuries resulting from roadway damage, you first need to delve into the concept of negligence. In legal terms, negligence refers to the failure of an individual or entity to exercise reasonable care under the given circumstances. In the context of road maintenance during winter weather, several parties might be negligent.
In the Empire State, the responsibility for maintaining roads typically lies with government agencies. These entities must monitor road conditions, repair damages promptly and take steps to prevent accidents caused by road hazards, such as potholes.
Sometimes, government agencies hire contractors to perform road maintenance tasks. If these contractors fail to fulfill their duties, they may be liable for negligence.
Drivers also play a role in accident prevention. They should exercise caution, adapt their driving to road conditions and report hazardous road conditions to authorities when encountered.
Proving negligence
To establish negligence in a personal injury case related to winter weather road damage in New York, the following elements need to be true:
Duty of care. The responsible party owed a duty of care to the injured party. In this context, the government agency or contractor has a duty to maintain safe road conditions.
Breach of duty. You must show that the responsible party breached this duty by failing to address or prevent the road hazard, such as potholes.
There must be a direct link between the breach of duty and the injuries sustained. In other words, you need to establish that the negligence directly led to the accident and subsequent injuries.
Lastly, you must prove that the injured party suffered actual damages, such as medical expenses or property damage, as a result of the accident.
You need to have proof supporting your claim. In some cases, more than one party shares responsibility.
Seeking compensation
Knowing who caused a car accident helps injured people seek the compensation they deserve, either from insurance companies or by taking legal action. When accidents happen due to poor road conditions caused by government agencies, individuals can file claims to seek compensation for their injuries and damages.
Claims against government entities are more complex than most. They have stricter procedures and shorter deadlines, and you may need assistance.
Hold at-fault parties accountable
Holding government agencies accountable for not maintaining roads can make roads safer and prevent future accidents and injuries.]]>On Behalf of Rutberg Breslow Personal Injury Lawhttps://www.rutbergbreslow.com/?p=636722024-02-08T03:18:28Z2024-02-08T03:18:28ZNew York truck accidents
In 2022, there were 6,878 collisions in New York involving large trucks. These crashes injured 4,857 people and killed 123. These figures highlight why truck accidents are a concern in the Empire State.
Why truck accidents are so dangerous
Truck accidents are very hazardous for several reasons. Trucks are much bigger and heavier than other vehicles, so the damage is usually severe when they crash. They also need more time and space to stop, especially when they are going fast.
Because trucks are tall and heavy, they can tip over easily. They often carry heavy cargo, which can fly out during a crash and hit other cars.
The force of a truck hitting something can cause serious injuries and even death, often making truck accidents catastrophic.
Winter truck accident risks
Icy roads are a big problem for truck drivers. Slippery surfaces mean reduced traction, potentially causing drivers to lose control.
Winter weather often brings fog and sleet, causing drivers to struggle to see other vehicles and road conditions. Sudden snowstorms and strong winds can create drifts and reduce visibility, and fewer daylight hours can compound visibility issues.
Safety tips
By following these safety tips, you can reduce the risk of accidents when driving close to big trucks at any time of year:
Maintain a safe distance, allowing trucks ample braking space.
Avoid lingering in truck blind spots, particularly alongside and behind the truck.
Refrain from sudden maneuvers or lane changes near trucks.
Always use turn signals and make gradual movements when passing or merging.
Be patient and avoid tailgating, as trucks may need more time to navigate turns or obstacles.
You cannot expect big trucks to maneuver and react in the same ways as cars. Reduce speeds and remain alert when traveling near trucks, especially in winter.
Truck accidents injuries
Whiplash, a common injury, happens when the neck jerks forward and backward suddenly upon impact. Broken bones often occur due to the force of the collision.
Head injuries, like concussions or traumatic brain injuries, are prevalent from hitting the steering wheel or dashboard. Internal injuries, such as organ damage or internal bleeding, can also happen.
Cuts, bruises and burns are also common. These injuries can have long-lasting effects on your health and quality of life, emphasizing the importance of safe driving practices and caution around trucks.
Sharing the road
All drivers can make the roads safer by taking appropriate safety measures to avoid truck accidents.]]>On Behalf of Rutberg Breslow Personal Injury Lawhttps://www.rutbergbreslow.com/?p=636692024-01-11T19:32:30Z2024-01-11T19:32:30Z1. Whiplash: More than a nod to discomfort
Whiplash is a common but often underestimated injury after a car accident. It occurs when the head is forcefully jerked back and forth, causing strain on the neck. Symptoms may not appear immediately, leading individuals to dismiss the injury. However, untreated whiplash can result in chronic pain, headaches and difficulty concentrating, affecting one's daily life.
2. Concussions: The silent threat
Even minor car accidents can result in concussions, a type of traumatic brain injury. Concussions often go unnoticed initially, as symptoms may not be apparent right away. Over time, individuals may experience headaches, dizziness and difficulty focusing. Ignoring these signs can lead to long-term cognitive issues. This emphasizes the importance of seeking medical attention post-accident.
3. Internal injuries: A hidden danger
Internal injuries are not always immediately apparent and may go undetected without proper medical examination. The force of a collision can cause damage to internal organs, leading to internal bleeding or other complications. These injuries may not present symptoms right away, making it important to undergo a thorough medical evaluation after an accident.
4. Emotional trauma: Unseen scars
Car accidents can leave lasting emotional scars that are often overlooked. The trauma associated with a collision can result in anxiety, depression or post-traumatic stress disorder. It is necessary to recognize the impact of emotional trauma and seek the necessary support and treatment.
In 2021, 11,174 serious injuries happened on roads in New York State. Seeking appropriate compensation becomes important, considering the potential long-term effects of visible and hidden injuries.]]>On Behalf of Rutberg Breslow Personal Injury Lawhttps://www.rutbergbreslow.com/?p=636682023-12-18T22:09:00Z2023-12-18T22:09:00ZOverall scene overview
Begin by capturing the entire accident scene from different angles. Include the position of the vehicles, any traffic signs or signals and the surrounding environment. These wide shots provide a context for the incident. If there are skid marks on the road or debris scattered around, capture these details.
Vehicle damage
Zoom in on the damages sustained by each vehicle involved. Capture close-ups of dented areas, broken lights and any visible scratches. Document the extent of the damage for insurance assessments.
License plates and witnesses
Photograph the license plates of all vehicles involved. Clear images of the plates will aid in identifying the vehicles accurately and prevent any confusion during the claims process.
Ask witnesses if you can photograph them. Then, gather their contact information and obtain brief statements. Witness accounts can provide additional perspectives and strengthen the overall documentation.
Injuries and emotional distress
In 2022, the National Highway Safety Administration recognized 42,795 motor vehicle accident deaths. Many others received serious injuries. Therefore, while respecting privacy, photograph any visible injuries sustained by individuals involved. Additionally, capture the emotional distress of those affected, as it may be relevant for certain claims.
Weather conditions
Include photographs that showcase the weather conditions at the time of the accident. Whether it is rain, snow or clear skies, these images can be important in understanding how weather might have contributed to the incident.
The key to effective post-accident photography lies in meticulous attention to detail. For the best results, create a visual record of the incident.]]>On Behalf of Rutberg Breslow Personal Injury Lawhttps://www.rutbergbreslow.com/?p=636652023-12-08T16:36:14Z2023-12-08T16:36:14ZRainy days
On rainy days, wet surfaces become dangerous terrains. Pavements, roads and even indoor floors can become slippery, making it easier to lose balance and take a spill. With 6 severe storm events and 3 tropical cyclone events across America in just 2022, heavy rainfall is a common issue in some areas. However, even a small amount of rain can lead to falls.
The primary culprit is the thin layer of water that accumulates on surfaces, turning them into potential hazards. When store owners or property managers do not attempt to clear off walkways, accidents can happen.
Icy winters
Winter brings its own set of challenges, with icy sidewalks and frost-covered pathways posing significant threats. Ice patches, especially in shaded areas, can catch individuals off guard.
The sudden loss of traction on ice can lead to dangerous slips and falls. Property owners need to take precautionary measures like using salt to melt ice.
Snowy surfaces
While snow may evoke images of winter wonderlands, it can also contribute to slip-and-fall incidents. Compacted snow on sidewalks and other areas can create a slippery surface, particularly when it starts to melt and refreeze.
Being aware of the specific challenges posed by different weather conditions is key to preventing accidents. Under intense weather conditions, store owners and anyone managing a property need to pay special attention to clearing the area and making it safe to walk.]]>On Behalf of Rutberg Breslow Personal Injury Lawhttps://www.rutbergbreslow.com/?p=636622023-11-14T02:50:52Z2023-11-14T02:50:52ZInitial factors that affect the duration of a slip-and-fall claim
The beginning stages of the legal process can either prolong or expedite the duration of a slip-and-fall claim. If an injured person delays collecting evidence and getting medical treatment, the individual could lose valuable evidence.
The injured party must also file a claim with an insurer or initiate legal proceedings promptly. A plaintiff has up to three years to file a personal injury case in New York. However, a person must file a claim against a public entity within 90 days.
The discovery process also affects the length of a trial. Both sides attempt to gather as much pertinent information as possible, which can take many months. Timing also varies by the court's schedule for hearing motions and other conferences.
How a settlement compares to the trial process
Many individuals opt for an out-of-court settlement over a trial because the process can be faster and less costly. In this scenario, the involved parties negotiate and agree on a compensation amount without as much involvement with the courts.
In contrast, choosing to go to trial requires more preparation and less control over the scheduling. Depending on the complexity and number of witnesses, trials can extend far beyond what a settlement could take.
How medical treatment affects the process
The New York State Department of Health finds that fall-related injuries are the leading cause of hospitalizations for children under 14 and adults over 25. For people over 45, falls cause the most unintentional injury deaths. As a result, medical treatment can be extensive.
The resolution process requires a comprehensive understanding of the injury's impact on the injured individual's present and future life. More substantial injuries often require more time to calculate the total cost of damages. Consequently, these severe wounds result in larger payouts. On the other hand, a minor injury, such as a short-term fracture, could lead to a quicker but smaller settlement.
Clearly, multiple elements affect how long it takes for an injured person to receive compensation for a slip-and-fall accident. However, prompt action can speed up the process.]]>On Behalf of Rutberg Breslow Personal Injury Lawhttps://www.rutbergbreslow.com/?p=636552023-10-19T21:47:24Z2023-10-19T21:47:24ZThe chilling numbers
Recent data from the New York State Department of Transportation revealed a startling 17% rise in collisions compared to the previous year, leaving many travelers injured and causing some fatalities. Slippery roads and reduced visibility due to heavy snowfall were major contributors to this alarming spike.
Common car crash injuries
In New York's harsh winter conditions, car accidents often lead to injuries. Whiplash, a sudden jolt to the neck, is a common occurrence due to slippery roads and sudden stops. Fractures and sprains frequently result from collisions, with arms, legs and ribs being particularly vulnerable.
Head injuries, including concussions, can happen if passengers or drivers hit their heads during a crash. Back injuries are also prevalent, often involving herniated discs or strains due to impact forces.
Cuts, bruises and abrasions may result from shattered glass or sharp objects within the vehicle. Vigilance on icy roads is necessary to prevent these injuries.
Winter driving safety
Preventing winter accidents is the best course of action. To reduce your risk of becoming another statistic, take the following precautions:
Drive slowly. Reduce your speed in adverse conditions. It takes longer to stop on icy roads, so slowing down gives you more time to react.
Maintain safe following distances. Increase the distance between your car and the vehicle in front of you. This provides a buffer if you need to stop suddenly.
Use winter tires. Equipping your vehicle with winter tires can significantly improve traction on slippery surfaces
Clear snow and ice. Always clear your car of snow and ice, including windows, mirrors and lights, before driving
Remember that vehicles may slide unexpectedly, so pay close attention to surrounding traffic.
Stay safe out there!
New York winters are sometimes unforgiving, but with the right precautions, you can navigate the treacherous roads safely. If injuries do occur, seek medical treatment immediately.]]>On Behalf of Rutberg Breslow Personal Injury Lawhttps://www.rutbergbreslow.com/?p=636532023-10-13T00:48:26Z2023-10-13T00:48:26ZWeather
One of the primary factors contributing to the slip-and-fall danger on scaffolding is the weather. Rain, snow or even dew can turn a once-stable surface into a treacherous terrain. In the relentless race against project deadlines, workers may not always have the luxury of waiting for optimal weather conditions.
Debris
The accumulation of debris on scaffolding presents an additional challenge. Construction sites are often dynamic environments, with dust, wood shavings and other materials finding their way onto platforms. These seemingly minor elements can transform into hazards when moisture shows up, creating a slick surface underfoot.
Inadequate footwear
Another factor in scaffold safety is the type of footwear worn by construction workers. In the rush of daily tasks, the importance of proper footwear may not seem obvious at first.
Shoes with inadequate grip significantly amplify the risk of slipping. A worker, fully focused on the task at hand, may inadvertently place too much trust in their footwear.
Lack of training
Mitigating the risk of slip-and-fall incidents on scaffolding requires a combination of vigilance and comprehensive training. A robust training program that emphasizes the influence of weather conditions can help when navigating these elevated workspaces.
Americans suffered from 5,190 deadly work accidents in 2021 alone. While scaffolding is an indispensable tool in the construction industry, an injury on a platform can lead to spinal cord or head trauma. Fear and worry may also play a part in many people's reactions after a slip-and-fall accident.]]>On Behalf of Rutberg Breslow Personal Injury Lawhttps://www.rutbergbreslow.com/?p=636492023-09-30T18:07:24Z2023-09-30T18:07:24ZThermal burns
Thermal burns, caused by exposure to heat sources, are the most prevalent type. Scalds from hot liquids, steam, flames or contact with hot surfaces fall under this category. These burns are often classified into three degrees.
First-degree superficial burns affect only the outer layer of the skin, causing redness and mild pain. Affecting the outer and underlying layer, second-degree burns result in blistering and intense pain. Third-degree burns are the most severe, involving all layers of the skin and possibly extending into underlying tissues. Skin may appear charred or white, and nerve damage can lead to numbness.
Chemical burns
Chemical burns occur when the skin comes into contact with corrosive substances like acids, alkalis or solvents. Unlike thermal burns, chemical burns may not immediately show symptoms, making prompt treatment important. Depending on the substance and exposure duration, these burns can range from mild irritation to severe tissue damage.
Electrical burns
1,000 Americans die each year due to electrical injuries. Electrical burns result from contact with electrical currents. Whether from household appliances, power lines or lightning, the damage can extend beyond the skin to affect internal organs. These kinds of burns are deceptive, since the severity of internal injuries may not align with the external burn appearance.
Seeking immediate medical help after a burn is the first step you should take. This focus on recovery can also help you keep your peace of mind while dealing with these painful injuries.]]>