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Serious 3-vehicle car accident in New York kills one

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Tuesday, June 2nd, 2015

Nine people are injured and one person has lost her life in a serious pileup in Queens, according to local sources. New York emergency services responded to the car accident on the morning of May 26. So far no one has been arrested in connection with the crash, but police say their investigation into the wreck is ongoing as of this report. 

The report indicates there were three vehicles involved in the crash, which occurred on South Conduit Avenue. Apparently, an SUV collided with a passenger car with enough force to push it in front of an oncoming box truck, crushing the car. A total of nine people, seven of them children, were rushed to local hospitals with injuries considered minor to moderate. The driver of the box truck was also treated at the scene. 

The 30-year-old driver of the car was among those taken to the hospital, as was her 53-year-old passenger. Unfortunately, the passenger was pronounced dead on arrival. The condition of the SUV driver has not been confirmed at this time. Police are still investigating and have not ruled out pursuing charges. 

Should the driver of the SUV be found to have been negligent in a way that contributed to the car accident, he or she could face criminal charges. Separately, New York state law will allow the families of the children injured, as well as the injured adults, to file personal injury lawsuits against that driver. Should sufficient evidence of wrongdoing exist, that driver may be required to pay out compensation for damages incurred in the accident. 

Source: NBC New York, “1 Dead, 9 Injured in 3-Vehicle Crash in Queens“, May 27, 2015

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Man seriously hurt in New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Tuesday, April 14th, 2015

A UPS driver is in critical condition following a serious New York crash on Staten Island, according to local sources. The 40-year-old man was injured in the car accident which happened around 9 a.m. on April 6. He reportedly lost his leg in the crash, and so far it does not appear any charges have been filed in connection with this case.  

The details of the car accident are still somewhat unclear as of this report. It has been confirmed the victim was offloading some packages from his truck when a vehicle driven by an unidentified person crashed into him, pinning him to the truck. The driver of the vehicle was reportedly swerving to avoid a pedestrian when the crash happened. 

The man was rushed to a local hospital in critical condition after his right leg was severed just below the knee. Police have not commented publicly on any other factors that might have contributed to the crash, but it seems likely an investigation will be ongoing until it is determined if any fault can be ascribed in this case exactly what occurred with regard to the collision. In the meantime, the man is expected to survive, though he may face complications in returning to work now that he has lost a limb. 

If New York police determine the driver of the car was driving recklessly or inattentively, causing the car accident, that driver could face criminal charges for his or her role in the crash. Separately, the injured man will be entitled to sue for personal injury, particularly in view of the gravity of his injuries. Even if the driver was swerving to avoid a pedestrian, the victim will likely have a strong case to present in civil court. In addition to the possibility of achieving a monetary judgment for personal injuries, the victim also may be entitled to workers’ compensation benefits due to the fact that the accident appears to have been caused while the man was on the job.

Source: New York Daily News, “UPS driver critical after being struck by car on Staten Island“, Rocco Parascandola, April 6, 2015

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Crash involving two cars and a bus leads to personal injury to 25

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Saturday, January 17th, 2015

Excessive speed does not allow a driver the chance to take evasive action in the event of another driver pulling out of a parking lot or other road without yielding. Such situations can cause devastating accidents, especially if there are other vehicles in close proximity. In a similar scenario, 25 people recently suffered personal injury in a three-vehicle accident in New York.

The accident reportedly occurred on a recent afternoon on Utica Avenue in Brooklyn where the speed limit had been reduced to 25 mph in an attempt to lessen the number of pedestrian accidents. Surveillance footage apparently shows a black car smashing into a vehicle exiting a parking lot. The impact caused the black car to catapult into a loaded passenger bus that was traveling nearby. A witness alleged that the driver of the black car had been speeding when it hit the other car.

Three people, who were occupants of the two cars, were reported to have suffered critical injuries. The injuries of three of the 22 injured bus passengers were reported to be serious, but they are expected to recover. The bus driver was one of those who suffered minor injuries.

No mention of any pending charges was made in the media report, and according to police, an accident investigation is underway. Determining fault in an accident such as this one may not be easy. The injured victims of this accident may file claims of personal injury in a New York civil court in order to pursue compensation for medical expenses and other documented damages. However, once the investigation is complete, evidence may result in the judge apportioning guilt between the alleged speeding driver and the driver who came out of the parking lot.

Source: nymag.com, “25 Injured in Crash Involving MTA Bus and 2 Cars”, Margaret Hartmann, Jan. 7, 2015

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6 people injured in car accident in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, October 17th, 2014

Six people have been sent to a local hospital following an accident in Queens on the morning of October 8, according to local sources. The car accident apparently involved a vehicle crashing into a bagel shop in the New York borough, causing extensive damage to the property. So far, police have not pressed charges against the lone driver.

According to witness accounts, the vehicle was traveling slowly along the road before quickly accelerating, sideswiping another vehicle parked to the side. The driver then hopped the curb and crashed his vehicle directly into a bagel shop.  Witnesses attest that he did not attempt to slow down, a fact which police have corroborated by the lack of skid marks in the area. However, they have not yet publicly speculated on criminal intent.

Six people were injured, including one child. It has been reported that none of the injuries were considered life-threatening, though one woman did break an arm. All six individuals were taken to local medical facilities for treatment. The driver was apparently unharmed in the crash.

More information will be required before New York authorities can determine how to proceed in processing this car accident. If the driver is later found to be criminally liable for any element of the crash, charges could be filed. Additionally, the injured parties — and representation for the injured child — will be entitled to file personal injury suits against the driver in a civil court setting. Evidence of some wrongdoing on the part of the driver will be necessary for any such cases to result in financial compensation for the injured parties.

Source: CBS New York, “Truck Crashes Into Bagel Shop In Forest Hills, Queens; 6 Injured“, , Oct. 8, 2014

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Obstetrician faces lawsuit after birth injuries to 9-pound baby

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Medical Malpractice on Sunday, August 17th, 2014

It is not uncommon for New York mothers to be concerned about the well-being of their babies during childbirth. They commonly have to put all their trust in the competence of the medical staff that is present during the process. A mother would naturally expect the obstetrician to identify potential birth injuries and act upon them in a timely manner.

An obstetrician in another state is currently facing a medical malpractice lawsuit that was brought by the mother of a child who suffered birth injuries in 2012. She states that the birth weight of the child was over nine pounds, and she accuses the obstetrician of negligence in failing to identify this as a potential problem and, therefore, performing a Cesarean section. The plaintiff claims that her daughter was left with brachial plexus injury and permanent damage to her nerves, leaving her left arm mostly motionless.

The injuries allegedly stem from the defendant’s attempts to turn the baby when she identified problems in delivering the posterior shoulder. These maneuvers allegedly led to the baby’s head being excessively tilted during birth, along with excessive downward pressure. The little girl has also been diagnosed as being autistic; however, this condition was reported not to be related to the birth injury.

The parents of children whose well-being have been jeopardized by the negligence of medical professionals may be facing ongoing financial expenses as the result of birth injuries. By carefully recording and documenting the alleged negligence, and successfully presenting a medical malpractice claim in a New York court, they may be the recipients of a monetary judgment to cover medical expenses. Additional compensation may be awarded to cover future costs, along with any other related damages as allowed by state laws.

Source: The Madison-St.Clair Record, “Child’s birth injury subject of medical malpractice case at trial“, Ann Maher, Aug. 15, 2014

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Fatalities in bicycle accidents don’t always involve vehicles

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Bicycle Accidents on Friday, August 15th, 2014

Many Manhattan residents enjoy jogging and cycling in Central Park rather than along the busy roads. However, a recent bicycle accident that allegedly caused the death of a jogger in Central Park underscores the dangers to which both joggers and cyclists are exposed. One commonly associates pedestrian and bicycle accidents with negligent vehicle drivers; however, this freak accident proves the association wrong.

A 75-year-old former physics teacher was jogging in Central Park on a recent Sunday as part of his training for a marathon. His wife joined him for the first five miles and then went home while he continued on his planned 18-mile run. It was reported that a cyclist, age 17, who was also out enjoying the fresh air, was riding in the cycling lane when he unexpectedly had to swerve into the joggers’ lane to avoid colliding with a pedicab.

The elderly jogger was allegedly knocked over, striking his head as he fell to the ground. He was taken to the hospital in an unconscious state. His condition did not improve, and he became comatose. This state lasted for two days before he succumbed to the head injuries he had suffered. The elderly jogger, who was also an enthusiastic cyclist, will be sadly missed by many.

Although this was an unusual bicycle accident, Manhattan residents who have lost loved ones in bicycle accidents that were caused by the negligence of another party may want to pursue recovery of medical and end-of-life expenses. By accurately documenting the negligence and successfully presenting a wrongful death claim in a civil court, the family of the deceased may receive monetary compensation to cover their damages. If deemed appropriate by state laws, the court may award additional damages that resulted from the tragic accident.

Source: New York Post, “Elderly jogger killed by cyclist was longtime physics teacher“, Gabrielle Fonrouge and Rebecca Harshbarger, Aug. 14, 2014

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Fatal wreck in upstate New York claims 2 lives

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, July 18th, 2014

Two people in upstate New York were killed in a car accident that involved three vehicles, one of which was allegedly speeding. That speeding car was driven by a 24-year-old man who had two passengers in his car. His vehicle struck another vehicle, and it careened into a truck which ripped the vehicle in two. The two passengers were tossed from the 24-year-old’s vehicle, and they were pronounced dead at the scene.

The 24-year-old and the driver of the vehicle that he hit suffered injuries that were described as non-life threatening. The police will investigate the wreck and release their official determination about fault and cause of the accident soon.

Even though in many car accident cases it may seem clear who was responsible for what, it is important for victims of the wreck to be patient and wait for the result of the police investigation to come to fruition. The victims could still pursue civil litigation against the seemingly at-fault party without the investigation results, but the investigation could yield key pieces of evidence and crucial determinations that would prove very valuable in the lawsuit.

In the wake of a fatal car accident, it may be very tough for the loved ones of the victims to consider legal action. They are grieving and going through the most difficult time of their life. However, a civil lawsuit can yield crucial compensation to help the family get through this difficult time. The money won’t bring your loved one back, but it will serve as a tiny sense of justice.

Source: TWC News, “Family, Friends Mourn Deaths of Two Victims of Multi-Car Crash,” Madeleine Rivera, July 5, 2014

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