New York Accident Law Review Late October- Early November 2021
BRONX CONSTRUCTION ACCIDENT
Two construction workers suffered critical injuries at a Bronx worksite in the area of Hunts Point, this week. The accident occurred when the two construction workers were doing interior construction and a scaffold collapsed and the two men, who were both in their twenties, fell twenty feet to the ground. Our NYC construction accident lawyers, know that this tragic accident happened because the construction site owner and the general contractor failed to comply with New York's Labor Law 240, which requires that all construction workers who are working at an elevated worksite, must have adequate and stable scaffolds which are suitable and rated to support the weight of the workers, their material and their equipment. Also even where a scaffold collapses, New York law requires that all construction workers have adequate fall protection, including lines and harnesses, so even if there is a scaffold collapse, the fall should be arrested by a fall protection device. Simply stated our NYC construction accident lawyers know that these types of accidents should never happen and these seriously injured workers can sue the general contractor and building owner for violating Labor Law 240.
BUILDING FIRE FATALITY
A child was tragically killed in a building fire last night in Manhattan's Washington Heights. Ironically, the child who suffered the fatality was the son of the building's super, who is the person that is responsible for properly maintaining the building. The fire started in a basement apartment. Our NYC fire injury lawyers, know that the key to any fire fatality case is proving that the building owner was at fault for failing to maintain or properly repair the building which lead to the fire. Although details of this fire have not yet been released, the New York Fire Department will do a cause and original investigation, which will be released as part of the battallion report.
FATAL MOTORCYCLE ACCIDENT
A Brooklyn mason shop steward passed away this weekend in a deadly motorcycle accident in Brooklyn. The motorcycle appears to have crashed into a car at an intersection. Our morotcycle fatality lawyers know all too well that when cars don't follow the rules of the road, motorcylists often pay the ultimate price. Vehicle operators often claim to have not seen the motorcyclist, but our New York motorcycle accident lawyers know that all car drivers have duties to see what there is to be seen. Since motorcycle riders are susceptible to serious personal injuries and even death from a motorcycle accident, our New York motorcycle accident lawyers know that "I didn't see him" isn't an excuse.
POLICE OFFICERS INJURED IN LINE OF DUTY CAR ACCIDENT
Four Queens police officers were injured in Howard Beach this week, when their patrol car hit a median and flipped over. It appears that this was a single vehicle accident, with the operator of the police vehicle at fault. Our New York police line of duty injury lawyers know that while police officers cannot sue their fellow officers or employers for negligence, New York's General Municipal Law 205-e allows police officers to sue their employers when their injuries were caused by a violation of law. In this case, the police officers likely have a lawsuit for violating the provisions of New York's Vehicle and Traffic Law, related to speed and maintaining the lane of travel. Our New York car accident lawyers know that cars don't just flip over, unless the vehicle was travelling at a speed which was unreasonable under the circumstances.
DRUNK TRACTOR TRAILER DRIVER CAUSES ROLL OVER
This week, thousands of commuters in Westchester County, New York, were inconvenienced by stand still traffic, due to a truck accident in which a truck rolled over and dropped stones all over the highway. It turns out that the truck driver was intoxicated and arrested at the scene. New York's law for drunk driving has a zero tolerance for operation of a commercial vehicle while under the influence. While New York 's drunk driving laws prohibit operating a vehicle with a blood alcohol level of .08, when a commercial vehicle is involved, the operator is considered intoxicated when their blood alcohol level is .04 or above. Our New York truck accident lawyers know that due to the sheer size and weight of commercial rigs such as semis, tractor trailers, big rigs and even box trucks, reaction time is critical, because even a slight delay can have catastrophic consequences, since these trucks cannot stop as fast a car and are subject to roll overs and jack knives if a sudden movement or attempt to avoid an accident is made. The Federal Motor Carrier Statute requires that after an accident resulting in a fatality or a major personal injury that the vehicle operator be administered a chemical test, to determine if they were under the influence of drugs or alcohol.