Summer, 2023 Personal Injury Law Recap By Michael Joseph on August 18, 2023

Tragic Loss of a Teen in a Car Accident in Brooklyn Heights

There is nothing more devastating than losing a loved one, particularly a child. The pain and grief associated with such a loss can be unbearable, especially if the loss was a result of a car accident. Recently, news broke about a teenager who died in a car accident in Brooklyn Heights. The young lady was traveling with two other women in a Honda when the car collided with a Mercedes Benz.  When a child is killed in an accident, the family is devastated, but New York's antiquated wrongful death law continues to view children as workthless, since it holds that the only damages that the decedent's family can recover is the financial loss caused by the death, and compensation for the pre-death pain and suffering .However, New York law does not allow Courts to award even a single penny for the grief caused by the loss of a family member. A recently proposed law, called the Grieving Families Act, seeks to remedy this injustice. Despite being approved by New York's legislature, not once, but twice, New York's Governor has continued to refuse to sign the bill into law. Unfortunately, it appears that New York's Governor cares more about the Insurance Companies, than justice for families who have suffered the loss of a loved one. Our NYC wrongful death attorneys vigorously support changing this outdated and cold hearted law, that literally lets negligent people get away with murder. 


Construction workers face hazards daily, from falls to heavy machinery accidents, and deserve the utmost protection. Recently, a construction worker in White Plains was saved from a crane incident and had to carried down several hundred feet, after suffering a broken leg from a crush injury. This recent event highlights the importance of New York's labor laws, 200, 240 and 241, which were enacted to provide adequate protection to construction workers and prevent these type of crush injuries from occurring in the first place.  Laws like Labor Law 240 require adequate protection from falling objects, which can cause severe injuries. The law requires the use of proper safety equipment like safety hartnesses, debris nets  and basically requires protection to prevent construction workers from becoming injured because of falling objects. Without these regulations, workers would be subjected to dangerous work environments with a higher risk of injury or death.Labor Law 241 provisions also provide protection against crush injuries, like the one experienced at the White Plains construction site. These provisions outline safety measures like safety barriers, requires that workers be an adequate distance from heavy machinery, requires tag lines and many other regulations to prevent crush injuries. Failing to follow these mandates can result in serious injuries and fatalities.Our White Plains construction accident lawyers know that when the Labor Laws are violated the injured construction worker can sue the property owner and general contractor, in addition to collecting workers compenation benefits. 


Amusement parks like Rye Playland in Westchester County can be a fun place for the whole family. However, accidents can happen and when they do, the consequences can be devastating. The recent accident at Rye Playland where the popular "Playland Express" train jumped the tracks is just one example of how serious these accidents can be.  Although thankfully no one was injured, injuries at Rye Playland have been known to happed. Our Westchester accident lawyers know that pursuing a claim after an injury at Rye Playland can be a trap for the unwary because Rye Playland is owned by Westchester County which means that anyone injured in an accident at Rye Playland must file a notice of claim within 90 days of the accident to be able to sue, or you need to obtain permission from the Court to file a late notice of claim.  If you were injured in amusement park accident, call our experienced Westchester personal injury lawyers who have decades of experience in litigating against Westchester County. 

According to the Consumer Product Safety Commission, there were an estimated 30,000 injuries associated with amusement park attractions in 2019. These included injuries from rides, water attractions, and other types of amusements. This highlights the need for safety measures and precautions in amusement parks, but accidents can still occur. When they do, it's important to have an experienced lawyer on your side. There are many factors that can contribute to an amusement park accident, such as inadequate safety inspections, operator error, or equipment malfunction. A lawyer can help investigate the cause of the accident and identify who is responsible for the injuries or damages.


On August 4, 2023, a truck  rolled over on Interstate 684 in Katonah, which caused a major fuel spill that  partially blocked the northbound side of the highway. The rollover happened   where the interstate narrows from three lanes to two. According to recent statistics, truck rollovers are responsible for a significant number of injuries and fatalities each year, making it essential to understand the causes and contributing factors behind these accidents.Our Westchester truck accident lawyers know that driver error and negligent loading are the major causes of truck roll overs, especially in trucks carrying liquid cargo.  When a truck driver takes a turn or changes lanes too fast, the liquids in the truck move around and create forces that can result in a roll over. This can be exacerbated by load shifting or overloading, both of which can affect the stability of the truck and increase the likelihood of a rollover. Other factors that contribute to rollovers include driver fatigue, distraction, and mechanical failures.The use of in-cab safety technologies, like stability control systems, can provide drivers with real-time information on vehicle stability and increase their ability to avoid rollovers and when companies do not employ these technologies, the likelihood of a roll over increases. 


At approximately 4:30 a.m. on  August 1, 2023, a drunk driver crashed into the Drake and injured five people.  The police have reported that the driver was arrested after the incident, and the criminal charges are being filed against him for reckless driving and driving under the influence.  While the driver is facing criminal charges, the injured pedestrians also have a right to seek compensation for their injuries, as does the owner of the building that was damaged. Unfortunately, all too often, our Westchester drunk driving accident lawyers, know that drivers who are not responsible to aviod drinking and driving, often don't carry sufficient insurance to cover the damage that they cause. Drunk driving is a prevalent problem in New York, with countless accidents and fatalities caused by individuals who have consumed alcohol beyond their limit. In an effort to minimize such incidents, the state has implemented the Dram Shop Law, which holds establishments accountable for injuries or damages caused by their intoxicated patrons. Through this law, individuals can seek compensation from the establishments that served the drunk driver before the accident occurred. Our New York dram shop lawyers have extensive exerience in suing bars that serve people who are intoxicated, that cause dring driving accidents. Another remedy that people can employ is to look to their own insurance policies for underinsured motorist benefits, so when someone is injured in an accident by someone with insufficient insurance, they can look to their own insurance to cover the damages.  

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The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

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