Law Office of Michael H. Joseph, PLLC

The October 2016 Update

Oct 16, 2016 @ 06:09 AM — by Michael Joseph
Tagged with: This Weeks Accident News And The Law

Our New York City car accident attorneys stay up on the current events to which the law applies and which involve the application of personal injury law in New York.

This week a driver who caused a multi car accident on the major deegan in the Bronx, was arrested for aggravated unlicensed operation of a motor vehicle. The driver who was driving with a suspended license. Our car accident lawyers know all too well that when irresponsible drivers get behind the wheel, it can seriously affect the lives of others. In this case, five people were hospitalized following the accident.

Drinking among police officers who then drive home has been a problem which has reached epidemic levels. Recently an Eaastchester Sergeant who committed suicide was discovered to have been involved in a hit and run accident after a night out drinking at a notorious cop bar. The accident left an elderly woman with injuries that required surgery and extensive hospitalization. This week it was determined that Yonkers Detective Frank Fernandez who was involved in a car accident with a fire engine, was highly intoxicated at the time. More specifically the detective, who crossed into on coming traffic and crashed into the fire truck, had a blood alcohol level of . 22, which is almost three times the legal limit. The officer also suffered a fatality and was killed in the crash. Apparently, the officer was at a local Yonkers bar. In a case such as this, the bar would be liable to those injured and even the officer’s family, could sue the bar for serving an already intoxicated individual under New York’s dram shop act. Serving an already intoxicated person is a violation of New York’s alcohol beverage and control law. Our Westchester drunk driving accident lawyers have successfully prosecuted these dram shop cases in drunk driving accidents.

Elevator accident cases are among some of the most technically difficult cases to prove. This week, a 6-week-old infant was killed in a Brooklyn elevator accident. Our New York City elevator accident lawyers are experienced in these types of cases. The residents state that the elevators never worked properly. All too often the elevator maintenance companies and the building owners allow dangerous and defective conditions to exist in elevators by failing to adhere to proper preventative maintenance procedures. There are very strict industrial standards that are intended to keep elevators working at a safe level and in a good and workmanlike manner. The first thing to do in any elevator case is to get the contract and the elevator maintenance log and thew work tickets. This documentation will let any elevator accident attorney know how thorough the maintenance procedures were or how insufficient they were. In the latest Brooklyn case, the mother and the baby fell 6 to 8 feet onto the top of the broken lift and then plunged nearly eight stories down the elevator shaft. This particular building had 147 violations and another death in an elevator accident last year.

In White Plains this weekend a manhattanville student suffered a wrongful death after being his on Westchester Avenue, by a car which was driven by an intoxicated individual who had more than double the legal limit of alcohol in their system. The driver is now facing vehicular manslaughter. Even wit the newly enhanced penalties for driving while intoxicated, the wrongful deaths from drunk driving in Westchester seem to continue to be a recurrent problem for the Westchester community.