New York Personal Injury Lawyer Blog

At The Law Office Of Mark A. Siesel in White Plains, New York, we represent many clients who are seriously injured as the result of using a dangerous or defective product or machine. Frequently, by the time they come to our office, several days or weeks have passed since the accident occurred, and valuable evidence may no longer be available or has been discarded by the owner of the product.

Thus, if you have suffered injury due to a dangerous product or device, you should do the following whenever possible:

1. Take photographs of the machine, from several angles, and in good light if available;

2. Obtain the manufacturer's name, address (and phone number if on the machine);

3. Write down the model number, serial number and any other information that is on the machine;

4. Get copies of any operating manuals, instructions or paperwork that accompanied the product upon purchase;

5. Attempt to obtain any service records for the machine, or the names and addresses of any companies that serviced the machine;

6. Obtain records of any modifications or changes that have been made to the device or product over the years.

6. Document your injuries by taking photographs immediately after the accident;

7. Secure the names, addresses, phone numbers and e-mail addresses of any witnesses to your accident;

Often, it will not be possible to obtain all of the above items when the machine is old and records are lost or discarded. However, it is vital to the success of a New York defective products case to have as much information as possible to identify potential defendants including manufacturers, distributors, retailers, repair or service companies and suppliers. The manufacturer or distributor can be responsible for many different dangers, including defective design of the product, negligent manufacture of the product, failure to properly maintain the device, improper or lack of safety labels or warnings, and failure to recall products which have a known defect or flaw.

Continue reading "New York Dangerous Products--A Primer" »

In our previous post in this two part series, we examined the causes of motor vehicle accidents and fatal crashes on New York State roadways based on a NYSDOT study called the Strategic Highway Safety Plan 2007. In this article, we look at the State’s finding regarding New York pedestrian accidents, truck accidents, and motorcycle accidents. Approximately 25% of the annual New York fatal motor vehicle accidents involve pedestrians. This is more than twice the national average. 70% of pedestrian accidents and one half of the fatalities in New York State occur in the five boroughs of New York City, but interestingly, pedestrians involved in accidents in the suburbs are more likely to die in these accidents than in New York City. It is also significant that almost ¼ of all pedestrians injured or killed in the last year of the study (’05) were under 18 years of age.

Accidents between a car and large truck account for 10% of fatal motor vehicle accidents in New York, and approximately 5% of the serious personal injury accidents. From 2002 through 2005, there was a range of 140-150 deaths per year in New York truck accidents. The Department of Transportation determined that the three main causes of these accidents was: following too closely-10%; driver inattention or distraction-9%; and failing to yield the right of way-7%. The majority of all truck accidents are caused by aggressive driving by one of both of the drivers involved.

Motorcycle fatalities and motorcycle accidents are on an upward trend, due to the steady popularity of motorcycles, inexperienced riders, the attraction of “extreme” motorcycle riding, and the price of gasoline. Motorcycle deaths on New York highways rose from 155 in 2003 to 163 in 2005.

Continue reading "New York Highway Accidents-Part 2" »

The New York State Department of Transportation (NYSDOT) investigated the causes of New York car crashes on state highways from 2002 through 2005 in the Strategic Highway Safety Plan 2007. The good news coming out of the study is that from 1996 through 2005, fatal accidents on New York roadways have declined 10%. Further, although driving while intoxicated continues to be a significant problem in causing roadway deaths, the number of people killed on New York state roadways from driving while intoxicated has dropped from 979 in 1981 to 382 in 2005. The most significant problems causing serious New York car crashes and fatal accidents are aggressive driving, DWI’s and speeding.

There are 113,000 miles of highway in New York State and 16,000 of those highways are operated by the state. Intersection crashes account for approximately 25% of all highway fatalities in New York. There were 77,161 fatal intersection crashes in 2005. Overall, there were 142,287 fatal and personal injury accidents in 2003; 133,314 in 2004, and 128,581 in 2005. Rear end and left turn accidents are responsible for about ½ of all New York motor vehicle crashes. There were 479 fatal accidents from cars overturning or colliding with fixed objects in 2005, and 203 fatal accidents or injuries from crashes in construction zones.

From 2003-2005, failing to yield the right of way contributed to 16% of New York fatal car accidents; following too closely 13.5%; and unsafe speed was partially responsible for 11% of the deaths on New York highways. These driver behaviors have remained constant despite the reduction in overall accidents between 2003 and 2005.

In Part 2 of this series, we will the DOT’s findings regarding New York motorcycle accidents, large truck accidents and pedestrian accidents.

Continue reading "New York Highway Accidents—Part 1" »

The family of Michael and Guy Bastardi, two of the victims of the horrific July 26 fatal motor vehicle crash on the Taconic Parkway which killed eight, commenced a lawsuit in the Westchester County Supreme Court this week. The lawsuit, as announced by Roseanne Guzzo, the daughter of 81 year old Michael Bastardi and sister of 49 year old Guy Bastardi, was filed against the estate of Diane Schuler, the intoxicated driver of the wrong way vehicle which struck the Bastardi car, and Warren Hance, (Schuler’s brother) the owner of the Ford Windstar minivan Schuler was driving with a blood alcohol level of 0.19 and THC (the active ingredient in marijuana) in her system.

The lawsuit seeks damages for the wrongful death of Michael and Guy Bastardi, as well as damages for the pain and suffering of both men. Under New York State law, the main elements of damages would be for pain and suffering and wrongful death. Wrongful death damages are limited to “pecuniary loss.” What this means is that if Ms. Guzzo is the plaintiff, for the wrongful death of her brother and father, her damages would be limited to whatever income her father or brother gave her on a regular basis. She could not recover for the emotional loss of her brother under New York State law, but would have a claim for the “loss of parental guidance” of losing her father in the tragic accident.

However, the more compelling issue in this case will be whether the Bastardi family can prove, as they have alleged, that either or both of the Bastardi men survived the accident, even for a few minutes, in order to recover damages for their pain and suffering. Apparently, the attorney for the Bastardis has statements from some first responders indicating that both men were still breathing and responsive immediately after the accident. In order to establish damages for pain and suffering, it is not enough to show that the men survived the horrific impact, but it must also be shown that they suffered “conscious pain and suffering.”

It is expected that the attorney for Daniel Longo, the other man killed in the Bastardi vehicle, will soon file a lawsuit for his wrongful death. One of the main issues in this case will undoubtedly be the extent of the insurance coverage, which would be sought on behalf of all three men, and will clearly be inadequate in compensating the two families for their horrible losses. Ms. Guzzo did state that the lawsuit was not filed for compensation, but to “shine a public spotlight on drunken driving.” There is no doubt that this tragic accident, lawsuit or not, is and will be in the public spotlight for a very long time. It is also a certainty that any damages the families recover in this case pale in comparison to the losses they have suffered.

Continue reading "Family Of Taconic Victims Files Suit" »

According to a New York State Department of Transportation (NYSDOT) study conducted over the last several years, local roadways in Westchester County are much more dangerous than highways such as I-287 or I-95. The study looked at Westchester County fatal accidents, serious car crashes, and accidents per million miles traveled.

Route 1, which stretches from Pelham to Port Chester, is statistically the most dangerous road in Westchester County, with 9.65 accidents per million miles traveled (mmt). In second place as the road where motorists are most likely to be involved in a motor vehicle accident is Route 100B, between Dobbs Ferry and Greenburgh, with 8.65 accidents per mmt. Third most common was Route 119, from White Plains to Tarrytown, with 8.05 accidents per mmt.

Conversely, there were only 1.71 accidents per mmt on I-287 and 1.40 on I-95. The average on the Cross County Parkway was 2.65; Bronx River Parkway averaged 2.63 per mmt; the Hutchinson River Parkway was 1.61, and the Sprain Brook Parkway averaged 1.16 accidents per mmt. The safest road, (ironically concerning the speeds that drivers average on this highway), is I-684 with 0.83 accidents per mmt. This can probably be explained by the fact that 684 is a straight, wide and relatively level highway. The most dangerous small stretch of road in Westchester? The section of Route 9D near the Bear Mountain Bridge, with 13.4 accidents per mmt.

Continue reading "NYSDOT-Westchester Local Roads More Dangerous Than Highways" »

In a study by the National Highway Traffic Safety Administration, (NHTSA), young drivers of either a car or motorcycle (age 15-20) are the most likely to have fatal car crashes in the United States. 15-20 year old drivers comprise 6% of all licensed drivers in the U.S. but had 19% of the fatal accidents in 2007. About two-thirds of people killed in fatal car crashes are the young drivers or their passengers. More than half of the fatal accidents occur on rural roadways. Motor vehicle crashes are the number one cause of death for 15-20 year olds based upon mortality data from the National Center For Health Statistics in 2005.

In 2007, young drivers were in 6,669 fatal accidents resulting in 7,650 deaths. There has been a 13% decrease in deaths involving young drivers from 1998 to 2007, with the peak being 9,251 fatalities in 2002. There are three main causes of the much higher percentage of young driver fatalities in this country: failure to wear a seat belt; alcohol involvement, and speeding. According to the study, overall seat belt use among all drivers is 82%, but among young drivers, it is 77%, and in fatal crashes in 2007, 61% were not wearing their seat belts. Regarding alcohol usage, 31% of young drivers involved in fatal accidents in 2007 had some alcohol in their systems, and 26% were over the legal limit of 0.08 percent (BAC).

31% of all fatal crashes in the United States are at least partially attributable to speeding. However, in 2007, a whopping 39% of male drivers age 15-20 killed in auto crashes were speeding when the accident occurred. Young female drivers age 15-20 accounted for 24% of all fatal crashes. Of all ages and genders of motorists, 15-20 year old males are the most likely to be speeding when a fatal car crash occurs.

Continue reading "Young Drivers Most Likely To Have Fatal Accidents" »