New York Personal Injury Lawyer Blog

Rollover Bus Crash in Upstate New York

December 29, 2021 | Mark Siesel

Several bus crashes in upstate New York over the last few years have been cause for concern. Some of them involved recreation for vulnerable members of society. Crashes have occurred, for example, because elderly people gathered to ride a tour bus to Atlantic City or take another group pleasure trip. In a recent rollover bus crash west of upstate Syracuse, almost five dozen people had to go to the hospital right away for emergency care.

The tour bus was traveling to Niagara Falls from Poughkeepsie. It crashed near Brutus on the New York State Thruway. In connection with the rollover, many accident victims suffered serious neck and head injuries, along with lacerations.

Most people don’t have enough saved in case of serious injuries. Bus drivers and companies may be held accountable when their negligence or other fault causes a crash. In order to establish a bus driver’s negligence caused your injuries, our lawyers would need to show it’s more likely than not: (1) you were owed a duty to use reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) damages. For example, the court would likely find a breach of the duty to use reasonable care where a bus driver causes an accident because he is under the influence of alcohol. Other actions by a driver that might breach the duty to use reasonable care include falling asleep at the wheel, distracted driving, and speeding.

Accidents Arising From a Violation of New York Stop Work Order

November 30, 2021 | Mark Siesel

Construction sites present inherent dangers to workers and those in the vicinity; however, construction managers and companies should take all necessary steps to reduce the likelihood of injuries related to that danger. New York buildings department, in conjunction with the Occupational Safety and Health Administration (OSHA), provides various safety requirements and protocols for construction projects. Those who violate these mandates may be liable for injuries related to their negligence. In New York, there are three primary legal theories under which an injury victim may commence a lawsuit based on a building code violation. These theories include breach of contract, negligence, or professional malpractice claims.

Building code violations are some of the most dangerous conditions on a property. In some cases, these violations go unnoticed or concealed until an accident. However, in other situations, the relevant agency may issue a “stop-work order” because of an unsafe condition on the property. The most common violations involve:

Installation violations;

Fatal Crash in Orange County

November 19, 2021 | Mark Siesel

Drivers in Goshen and around Orange County in New York spend significant amounts of time in their cars commuting. In August of this year, two were killed and nine were injured in a crash that closed Route 17 between exits 118 and 119 in both the east and westbound directions. If you were injured or a loved one was killed as the result of an at-fault driver, you should consult experienced Goshen car accident attorneys. Mark Siesel has more than 35 years of experience representing clients who have been seriously injured in a car accident.

The nighttime crash involved a Ford Escape and a Toyota Sienna, both heading eastbound. There was a rollover. Some people were thrown out of the vehicle, but others were trapped there. By 1:40 in the morning, the westbound lanes had opened. The eastbound lanes remained closed and there were delays.

Many car accidents in or around Goshen are the result of driver negligence. To establish negligence, our lawyers will need to show by a preponderance of the evidence: (1) the other driver owed you a duty to use reasonable care, (2) the other driver departed from this duty, (3) the departure resulted in your serious injuries, and (4) actual damages were incurred. Drivers may breach the duty to use reasonable care by speeding, weaving, failing to obey traffic signs and signals, drunk driving, driving while distracted, and driving while under the influence of alcohol. For instance, if another driver was weaving through traffic trying to pass you on the 17 and crashed into you instead, we may be able to show negligence.

Liability for Electric Bike Accidents

October 28, 2021 | Mark Siesel

More than 900,000 New Yorkers regularly ride a bike. The number of bike trips taken in the city in a day is around triple the number taken 15 years ago. Use of electric bikes has risen around the country and across the state. Electric bikes are battery powered “micro-mobility vehicles.” In conjunction with a rise in operation, there has been a push towards making sure there are safe dedicated space for operators. Unfortunately, the increased use of micro-mobility vehicles has led to injuries arising from their use going up 70% in the last four years according to the Consumer Product Safety Commission (CPSC). If you were injured or a loved one died in an electric bike accident, you should discuss whether you have a basis for a claim with experienced White Plains personal injury lawyer Mark A. Siesel.

You should wear a helmet when riding an electric bike, e-scooter, or hoverboard. Head injuries and visits to the emergency room after an accident involving these micro-mobility vehicles are common. From 2017 – 2020, there were 190,000 E.R. visits in connection with riding them. While cars remain a primary danger to bicyclists and pedestrians, those riding the electric bikes and other micro-mobility vehicles face a real risk of injuries and deaths; an actress was killed in the city after being hit by an e-scooter.

The CPSC has found e-scooters have problems with fires and breaks. Some of the injuries and deaths are sustained by children riding these vehicles.

Appellate Court Finds in Favor of Bicyclist in New York Truck Accident

October 27, 2021 | Mark Siesel

A New York appellate court recently issued a decision in a case stemming from an accident between a bicyclist and a truck driver. The plaintiff filed a lawsuit alleging personal injury damages after being struck and run over by the truck driver. She alleged that she was approaching an intersection and stopped at the red light next to the defendant’s truck. The plaintiff explained that the truck did not have a turn signal on, and when the light turned green, she went straight, and the truck made a right turn into her.

At trial, the defendant contended that when he approached the light, he turned his right turn signal on for about one minute and that he checked his mirrors before making the turn. He denied seeing the plaintiff or running her over. The defendant further argued, and the court agreed, that he was not required to continuously activate his turn signal because he was effectively “parked” at the red light. The court instructed the jury that the truck driver was not required to activate his turn signal at least 100 feet before making a turn. As such, the jury found that the defendant was not negligent. The plaintiff appealed the ruling arguing that the court erred in its jury instruction.

Under Vehicle and Traffic Law §1163, a motorist must activate their intention to turn continuously during not less than the last one hundred feet traveled by the vehicle before turning.” The appellate court explained that the statute does not make an exception for vehicles stopped at red lights. Thus, contrary to the lower court’s ruling, the defendant’s truck was not “parked,” and he was bound by § 1163 of the traffic code. The court stated that the statute provides a specific standard of care and a violation amounts to negligence per se. As such, the court reversed the lower court’s judgment and found in favor of the plaintiff.

New York Car Accidents in Tourist-Heavy Areas

September 29, 2021 | Mark Siesel

According to reports and data collected by driver-education organizations and the New York Police Department (NYPD), there are nearly 6 million car accidents across the United States every year. The most recent statistics by the NYPD reveal that there were over 228,047 motor vehicle accidents in New York City alone, which is about 625 accidents a day and five car-accident injuries every hour. These incidents include accidents involving pedestrians, motorists, and cyclists. About 60 percent of the accidents occur in Queens and Brooklyn, followed by Manhattan, Bronx, and Staten Island.

The rate and severity of accidents vary by month, day of the week, and time of day. Most accidents occur during the summer months, specifically May and June. Bike accidents typically occur in August, July, and September. The summer months, especially in tourist towns, prove to be a time of increased motor vehicle accidents. There are many reasons that accidents occur during this time including, distraction, tailgating, improper passing, speeding, aggressive driving, and impaired driving.

Tourist towns often provide the public with various nightlife and entertainment options that may lead to dangerous driving. For example, late last month, five people died in a Hamptons crash involving speeding. According to the New York Times, a group was traveling in the Hamptons when a speeding driver slammed into them head-on. The victims were an Uber driver, two brothers, a friend, and the speeding driver. Another passenger suffered serious injuries and is currently in critical condition. The accident was one of three crashes that occurred the same weekend. All of the accidents involved speeding, alcohol, or a combination of both.

Recovering Compensation After a New York Bike Accident

August 30, 2021 | Mark Siesel

While New York offers the public various options for public transportation, many people choose to ride bikes for their daily commute. Although bikes are an economical and convenient form of transportation, they can lead to serious accidents. A government report by Safer Cycling examined the rate of cycling across the state across two decades. The report analyzed the rate of residents biking and related accidents.

According to the most recent reporting year, there were about 18,718 New York biking accidents, of which 18,710 resulted in injuries and 8 in fatalities. Even during the pandemic and lock down, the state experienced nearly 12,500 bike crashes, which resulted in 12,422 injuries and 28 fatalities. Although biking safety throughout the state has improved over the past 20 years, the rate of injuries and fatalities is alarming.

There are many reasons why New York biking accidents occur. The leading causes of biking accidents involve:

Civil Lawsuits After New York Building Collapse

July 15, 2021 | Mark Siesel

The recent Miami building collapse illustrates the devastating consequences of shoddy construction and maintenance. While many building owners may claim that New York building collapses are unexpected, many structural engineers and safety experts disagree with those claims. Regardless of the foreseeability of a collapse, these incidents can cause catastrophic and deadly injuries to anyone in the vicinity of the structure. Those affected by a building collapse should seek representation from a New York construction site accident attorney to discuss their rights and remedies.

In most situations, buildings will not collapse without cause or negligence; however, determining the exact cause of the collapse can be challenging. In many cases, the combining force of several defects and environmental factors may impact the severity of a collapse. The leading causes of building collapses can include:

Foundation defects

Can You Sue After a New York Building Collapse?

June 29, 2021 | Mark Siesel

Living in New York, large buildings are commonplace. Most residents can live their entire life in the city and never encounter a major problem with a building. However, the recent tragedy in Florida illustrates that building collapses are not unheard of and, when they occur, they can have disastrous implications.

Last week, an apartment building in Miami collapsed, killing at least eight and leaving more than 150 unaccounted for. The investigation into the collapse is so far taking a back seat to locating all missing residents; however, ultimately, state and federal investigators will look into what could have caused the huge building to collapse.

According to a recent news report, there is already some speculation as to what could have been done to prevent the catastrophe. For example, CNN recently published an article citing a letter written by the board president of the building. In the letter, she notes, “the concrete deterioration is accelerating. The roof situation got much worse, so extensive roof repairs had to be incorporated…the observable damage such as in the garage has gotten significantly worse since the initial inspection.” This leads to the natural question: why didn’t building management take the necessary steps to secure the building.

Elevator Accident in the Bronx Kills a Construction Supervisor

June 1, 2021 | Mark Siesel

Elevator accidents can inflict catastrophic injuries or even kill a worker at a construction site in New York. If you were injured in an elevator accident, it may be appropriate to sue under New York Labor Law 241(6). Recently, a falling elevator at a charter school under construction in the Bronx dropped four stories from the fourth floor to the ground. It killed a construction supervisor, while also seriously injuring the worker who was with him in the elevator cab. Both were carrying construction debris at the time.

The elevator accident occurred early in the morning. The construction crew was present at the site to convert the building into a charter school. Among other permits, the contractor had a permit to work on the elevator of the existing building. However, back in 2019 at the same site, workers fell twenty feet to their deaths through an opening in the second floor. Additionally, the construction site was temporarily shut down over the last year because their construction permits had expired.

Afterward, a stop-work order was placed on the site as the Building Department investigated the accident. Workers at the same site reported they didn’t know what had caused the elevator to drop. One worker said there were always proper safety measures taken at the site. However, as it should, the Building Department promised there would be a thorough investigation to determine whether the elevator accident occurred because safety rules were ignored.