NY Pedicabs Footing The Bill - Now Licensed and Insured

Monday, November 23rd, 2009

Born in 1995, pedicabs provided a way for New York City residents and visitors to get around without all the smog and road rage of your typical motor-powered modes of transport. It was a win-win situation - green transportation for the riders, and for the peddler a handsome $1,000 paycheck. Not to mention a pair of lean legs without ever stepping foot in a gym.

Over the weekend more than 800 New York City pedicabs made the move from their bohemian, rag-tag roots and became a part of the newly regulated “official” industry of pedicabbing. Although for now just in paper, pedicab drivers and pedicab business owners alike hope the new regulations provide for a bit of respect - but are concerned law enforcement may take it too far.

The Journey to Regulation

Pedicab owners were originally the ones to push for regulation, concerned about the lack of safety standards. The unfriendly meeting of a taxi and pedicab at the foot of the Williamsburg Bridge in Brooklyn this past June only put a new spark to the fire, which had grown cold after the mayoral veto back in 2007.

Under the new citywide laws, pedicabs must be licensed, insured, and inspected. Basic safety equipment must be present and functioning on the tricycle, including headlights, seat belts, and hydraulic breaks. Outside of physical safety, lawmakers had the safety of pocketbooks in mind too - pricing must be conspicuously displayed as well.

George Bliss, a 56 years-young first string pedicab entrepreneur mentions one upside to the new regulation - for riders, at least. Since pedicab drivers must be insured now, that means if they happen to kiss and make friends with another taxi and you get hurt, your expenses are covered - not like in the old days, as Bliss says: “The attitude was, ‘Go ahead and sue me, I don’t have any assets.’”

High Hopes and Concerns After Regulation

Most pedicab drivers and owners seem to agree the new regulation will bring some respect to the industry - or at least, so they hope. “They’re going to have to respect us,” says pedicab driver Ricardo Hernandez. “We’re not anonymous anymore.”

On the other side of the coin, some are concerned the new regulations may open the door for lawmakers to restrict their business and cut into profits. It is rumored the city will ban pedicabs from Midtown, which will cut into profits significantly. They also fear the long arm of the law taking their right to enforce a bit too far.

Pedicab driver Bernard Treanor saw some of the fallout after regulations were passed. “It was like the opening sequence of ‘Starsky & Hutch’. They were pulling up, lights were going off, they were jumping out, guys were getting grabbed, bikes were getting thrown on trucks.”

As commissioner of consumer affairs, Jonathan Mintz said: “This industry is taking a journey toward professionalizing itself. It’s going to be a long journey.”

Tags: accident law, Injury, liability insurance, motor vehicles, nyc, pedicabs
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Medical Malpractice Happens

Wednesday, June 17th, 2009

Medical hit-and-runs happen when patients are gravely injured or killed by medical error. These are errors that can be prevented but sometimes, nurses and doctors pretend like nothing happened. This occurs almost every day across America. However, most patients cannot tell the difference between “normal stuff” and preventable harm.

And when families learn the truth either from accident or from hiring a lawyer, their confidence and trust in the medical system may vanish in an instant. The medical injury compounded by lying and betrayal carries a long-lasting and searing pain for these families.

The only way that these victims of medical malpractice can fight back is through their right to sue. Certainly, they can claim financial compensation to stave off the possible bankruptcy of a serious injury or death. These cases can leave the family with huge medical bills or unending debt.

Remember that the healing process for these medical injuries is filing a lawsuit. Some say that they don’t really want revenge, just to save other people from experiencing the same thing.

It’s possible that the medical industry today is beginning to neglect patient safety. More than a decade after entering the 21^st century, the industry denies the legitimate role of patients in enforcing and monitoring their own safety. In fact, a complex structure of “privilege” and confidentiality laws are ensuring that safety reviews are never reported in any form accessible to the public.

Tags: Injury, lawsuit, lawyer, medical, medical industry, medical injury, medical malpractice, system
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Important Medical Evaluation after an Accident

Saturday, June 13th, 2009

Accidents can happen anytime. However, most people don’t think of seeking medical treatment right away following an accident. This is true especially if they don’t have any visible signs of injury. Insurance companies know this, that’s why they attempt to record a statement right away after the accident. Then, they would use that statement to argue that you are not injured seriously.

The biggest mistake that people make is to dismiss medical care when they’re involved in an accident. Oftentimes, this is difficult because you have to deal with many concerns such as rental expenses, towing bills, car repairs, and reporting the accident to the insurance companies.

However, even if everything looks fine outside, meaning, you don’t have apparent lacerations, bruises, cuts, or fractures, you could still sustain permanent and significant injury in the accident. For example, you can have a spinal disc injury and even a traumatic brain injury (TBI) several days or weeks after the accident.

TBI’s are caused when there’s a forced impact causing a “ricocheting” effect between skull and brain. Even with a minor, moderate impact and seatbelt on, you could still sustain TBI and brain bleeding when your skull and brain collides.

Tags: accidents, Injury, insurance companies, medical treatment, spinal disc injury, traumatic brain injury
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Immediate Snow Removal Law

Thursday, June 11th, 2009

Park Ridge City Council is focused on snow while most of their citizens are probably looking forward to summer and sun. An ordinance that requires all businesses to clear their own sidewalk of ice and snow immediately after a snowfall or else risk being fined is considered by aldermen. As part of this discussion, they also reviewed proposals to allow police to ticket those residents throwing snow onto public streets from parkways, sidewalks, and driveway aprons.

The proposed ordinance states that business owners may be fined with $50 for each day that their sidewalk accumulated two inches of snow within 24 hours. Tentative support on Monday night was given by Aldermen Frank Wsol, Jim Allegretti, and Rich DiPietro.

Park Ridge Chamber of Commerce executive director, Gail Haller, found no negative impact of the new law. She said that most businesses are already clearing their sidewalks voluntarily.

Allegretti said, “I don’t want the businesses to be opened to lawsuits. This ordinance would protect business owners if ever someone suffered an injury after falling down on a shoveled pavement that may not yet be completely clear of ice.” Also, Everette “Buzz” Hill, City Attorney, said he would verify an existing state law preventing liability.

Tags: aldermen, attorney, Frank Wsol, Gail Haller, Injury, Jim Allegretti, law, lawsuits, ordinance, Park Ridge City Council, Rich DiPietro
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Product Liability Lawsuits

Sunday, June 7th, 2009

The law that deals with consumer products causing injury or death to consumers is called “product liability.” This area of law protects the people from defective or harmful products that individuals or companies manufacture or sell.

Product liability covers any product involved in accidents due to malfunction of its purpose. Unfortunately, there are thousands of preventable deaths occurring each year which results to many individual and social losses including job loss, healthcare costs, injuries, and deaths caused by faulty products.

Some major examples include baby product defects, faulty hospital beds and products, ATV accidents, defective tires, or SUV rollovers. In product liability lawsuits, your attorney will make sure that there’s evidence of faulty product stemming from the way it was manufactured. Before filing a case, attorneys have to make sure that the manufacturer is the one at fault, rather than other external reasons. Also, the injury sustained should be directly linked to the product malfunction.

So if you, your family, or your friends have been injured and the cause is a product’s malfunction, remember that there may be monetary damages paid to you. The first step would be to contact a good injury attorney for consultation. You can find these attorneys in online directories all over the web.

Tags: attorney, attorneys, damages, defective, Injury, injury attorney, law, malfunction, online directories, product liability
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Injury Suits Distinction Discarded

Friday, June 5th, 2009

A lawsuit was filed by Valerie Koenig, a woman living in Des Moines who tripped in her son’s house over a carpet-cleaner. She sued due to suffering a leg injury. However, she lost in a Polk County court. Consequently, she appealed, saying that the judge relied on jury instructions already outdated in modern society.

In the past, property owners need to warn allowed visitors and invited visitors on potential dangers. Those who were invited to the property could sue if the owner failed to warn them of these dangers. However, those merely allowed to visit (or “licensees”) could not.

This centuries-old provision that differentiates between people invited onto private property or those merely allowed to visit has been dissolved by the Iowa Supreme Court. The lawyers said that the decision eliminated an outdated rule leading to confusion among jurors as well as conflicting results in courtrooms.

Justice Brent Appel described the ruling on Friday as a “higher valuation given to public safety as compared to property rights.” As a result, justices returned Koenig’s case to Polk County to undergo a new trial. If she can prove that her son showed “general negligence,” then she could have a good chance of winning the case.

Tags: Des Moines, Injury, Justice Brent Appel, lawsuit, leg injury, licensees, personal injury, Polk County court, Valerie Koenig
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Contingent Fees are Common in Personal Injury Cases

Wednesday, June 3rd, 2009

When the attorneys earn a fee or a percentage of the client’s claim, it’s called “contingent fees.” These are typical fees given in personal injury cases throughout the United States. There are various advantages in giving this incentive to the lawyers to encourage them to claim the best outcome for you.

In fact, a study (Behavioral Analysis of Contingent Fees) at University of Jerusalem done by professors reached a conclusion contrary to common economic wisdom:

• *Counter-intuitively, people judge contingent fees yielding low effective hourly rate for the lawyer as unfair compared to contingent fees yielding high effective hourly rate.
• *Lack of alternatives and information problems are not such big factors to be considered in the fee arrangement chosen by clients.
• *Loss aversion (instead of risk aversion or giving incentives to win the case) may play a major role in the preference of clients for contingent fees.
• *Facing a choice between one mixed gamble and one pure positive one, the plaintiffs would prefer contingent fees even if that yields an expected fee several times higher compared to a non-contingent one.
• *Defendants facing a choice between two negative gambles typically risk preferring and seeking fixed fees.
• .

Tags: attorneys, Behavioral Analysis of Contingent Fees, contingent fees, Injury, lawyer, lawyers, personal injury, University of Jerusalem
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A Pedophile could get 45 Years

Monday, June 1st, 2009

On Friday, a self-confessed pedophile, Jeffrey Brisson, could be sentenced to a 45-year jail time. A prosecutor told the court officials that this sentence would protect three generations of children.

Paul Rotiroti, Senior Assistant State’s Attorney told the public, “This is the most horrifying, disgusting, and alarming case I’ve ever seen or handled in court. We need to keep this man separated from society.”

The 30-year-old Brisson was arrested on January 30, 2008 together with 40-year-old Harold Spurling, his roommate. The officers served warrants for a teenage boy’s longtime molestation but when they found the pair in their apartment, Brisson was sexually assaulting a 3-month-old girl.

Succeeding searches of their computer revealed state history’s largest child pornography investigations. They recovered numerous videos of children being molested for several years. Sex acts on children with ages varying from 3-month old babies to 2 years were seen. In fact, police said there was a 14-year-old who has been victimized for eight years.

The mother of the baby (3-month old) was also arrested because she risked injury on the child for leaving her in a filthy apartment. The woman said that she allowed it because the men offered “free babysitting.”

Brisson’s attorney public defender, Kenneth Simon, argued that, “There was actually no physical force. It’s not a physical injury, more of a mental one. Sure, the videos may be disturbing but I saw that the baby was just smiling.” Although Simon did not agree to the facts on the charges, he conceded that Brisson would likely be convicted during trial.

Tags: Harold Spurling, Injury, Jeffrey Brisson, Kenneth Simon, Paul Rotiroti, pedophile, prosecutor
Posted in Child Injury, Injury, Latest Legal News | No Comments »

High Risk of Runway Collisions

Saturday, May 30th, 2009

It might surprise you that ground collisions are considered as the second cause of accidents in aviation, the first being weather-related accidents. It may be easy to push away the risk of ground collision compared to a mishap at 4,000 feet, which is much scarier especially if you’re not fond of heights. But it has already been proven that ground collision is more deadly.

Runway collisions are different from car crashes because airplanes move hundreds of miles per hour and they’re not engineered for passenger crash safety (for example, unlike cars, they don’t have air bags). In fact, the ground collision in Spain on 1977 may be the most deadly disaster in aviation – two 747s crashed and killed 582 people.

In addition, human error such as mistakes in air traffic controllers and pilots are often blamed for majority of crashes. National Transportation Safety Board statistics reveal that 55% of commercial crashes and 91% of noncommercial flights (like traffic helicopters or private planes) are caused by human error.

Remember that when someone makes a bad decision which costs your health or your life, you or your loved ones have the legal right to hold these people responsible. Contact an accident lawyer from a reputable lawyer directory online to discuss your injury claim.

Tags: accident lawyer, aviation, ground collisions, humn error, Injury, National Transportation Safety Board, runway collisions
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Qualifying Expert Witnesses in a Personal Injury Case

Saturday, May 16th, 2009

Doctors or any other specialized medical professionals testifying in behalf of the defendant or plaintiff are called expert witnesses. Most state laws require that both the defendant and plaintiff appoint their own expert witnesses to testify in a case.

Expert witnesses play a very critical role to prove that the injuries of the victim were caused by the defendant’s negligence or actions. This is especially true in personal injury cases, particularly in a medical malpractice lawsuit.

The burden of proof falls on the plaintiff in these types of cases. This means that you have to show satisfactory evidence that the wrongful conduct or negligence of the defendant directly resulted in the injuries you sustained. Therefore, the testimony of an expert witness is vital and necessary.
For example, the doctor who treated your injuries needs to testify in court to relay the details of treatment, as well as the medical costs involved.

If you want to pursue a claim for personal injury, it’s essential for you to seek the advice of experienced injury attorneys. They can maximize your interests and protect your legal rights. In addition, they can advise you on the quality of expert witnesses you can use for your case.

Tags: defendant, expert witnesses, injuries, Injury, injury attorneys, negligence, plaintiff
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The Good that Comes out of Tragedy

Thursday, May 14th, 2009

Gov. Chris Gregoire said “out of tragedy comes something good.” She is talking about Zackery Lystedt Law – the first bill that she signed which will protect young athletes from traumatic brain injuries or death due to trauma.

In the bill signing, 16-year-old Zackery Lystedt was beside her, dressed in a black suit and sitting in a wheelchair. In their back stood his family, friends, and supporters (more than 50 of them).

Lystedt suffered a concussion in October 2006 while playing in a football game for middle-school. Moreover, he returned to the game without any medical evaluation. He proceeded to take a few more hits, and then he collapsed a minute after the game ended. As a result, his traumatic brain injury placed him in a coma for several months and required extensive therapy after two years.

Zackery Lystedt Law was proposed and passed to protect athletes from similar injuries. The law requires any athlete to consult a licensed medical professional if there’s an apparent injury (whether in practice or in a game). Before the athlete could go back in the play, there should be an approval from the doctor (or any certified athletic trainer).

“This bill saves lives every year,” says Stan Herring, the clinical physician for Washington School of Medicine, team physician for NFL’s Seahawks, and one of the strongest supporters of the bill.

Tags: bill, Chris Gregoire, Injury, law, Stan Herring, Zachery Lystedt Law
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Accident-Prone SUVs

Tuesday, May 12th, 2009

When buying a car, people oftentimes consider only its exterior qualities. They fail to check its vulnerability and safety features in case of car accidents.

For example, many people are attracted to purchase Sports Utility Vehicles (SUVs) in the market today due to its elegant and sturdy look. However, a study has shown a different result. People inside SUVs are three times more likely to suffer injury or meet death compared to occupants of other vehicles.

Injury-related deaths due to SUV roll-overs have brought too much distress and pain to many families. Negligent parties have also paid big bulks of money for settlement or compensation. Therefore, be very careful when you’re choosing a vehicle to buy and take caution in driving them.

Actually, all vehicles are at risk of roll-overs. This happens when the driver losses control of the vehicle due to a turn miscalculation or wrong break application. The study also shows that vehicles built closer to the ground (lower-built) are safer than others. In the case of SUVs, they are built with higher gravity center from the ground. That’s why it’s more likely to roll-over compared to others.

Here are some injuries that result from roll-over accidents:

• *Neck Injury – seatbelts can cause pressure and strain to the neck area muscles.
• *Head and Brain Injury – sudden impact in the head area might cause severe headaches or even memory problems.
• *Spinal Cord Injury – any slight damage to the spinal cord may cause temporary or permanent paralysis.

Tags: head and brain injury, injuries, Injury, neck injury, spinal cord injury, SUVs
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Injury Charges to Analyst Filed

Sunday, May 10th, 2009

Jefferson Circuit Court judge was asked by the office of the attorney general to prohibit a behavioral analyst from seeing patients while facing a charge of injury and criminal abuse. Jeffrey Dillen, working at a psychiatric hospital named Our Lady of Peace, pleaded not guilty to this charge.

According to reports, Dillen, 28, allegedly allowed a 17-year-old teen to hit her head hard on a concrete floor over 120 times during treatment. Dillen’s purpose is to find out the cause of the teen’s self-injury behavior.

Dillen was booked into Metro Corrections but already released. He is now on administrative leave from the hospital but still seen to be working with contract patients. A hearing with Judge Mary Shaw is set on Friday to hear arguments whether Dillen should see patients under indictment.

According to the indictment, Dillen placed the teen in a situation that caused her cruel confinement, torture, or serious physical injury. Also, he disregarded the doctor’s order to place a helmet on the patient’s head to protect her if she would bang her head.

An attorney for Dillen, Mark Chandler, declined to comment. Moreover, he filed a motion with the court yesterday to make sure that the video and medical records of the teen be sealed when filed.

Though the girl has diagnosis of mental retardation, cerebral palsy, and autism, report said that she stopped banging her head when a helmet was put on her head. The inspector was also surprised to learn that the incident was told to the doctor only after 21 hours later.

Tags: attorney, Injury, Jefferson Circuit Court, Jeffrey Dillen, Judge Mary Shaw, Mark Chandler, Our Lady of Peace
Posted in Injury, Self-injury | No Comments »

Whiplash Injury Claim

Wednesday, May 6th, 2009

When a person suffers injury to their neck, it can be typically referred to as whiplash injury. But too often, this type of injury is often overlooked or under-compensated because it’s considered minor. However, the pain and suffering that one experiences in this type of injury is not a joke.

There are variable factors that can affect your whiplash injury claim. If you apply for a claim with the insurance company directly, then you can be compensated according to the settlement agreement that you made. However, if you decide to seek the advice of an injury lawyer, you may be entitled to the following:

· General damages – it may be difficult to determine the overall amount that you can claim based on the physical pain and suffering you encountered. Details of your medical report can be the key to establish the actual extent of the injuries. You may also claim for loss of enjoyment or emotional pain. Other psychological disorders, such as depression, may also be included in the claim.

· Special damages – these can be paid to you based on special losses you encountered due to the injury. Therefore the amount may be fixed to some degree. Paying for medical attention, hiring someone to care for you while recovering from your injury, or car hire expenses because your car is still in the repair shop – all of these may be included in your claim.

Tags: general damages, Injury, injury lawyer, special damages, whiplash
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Chimpanzee Attacker’s Owner may Freeze Assets

Monday, May 4th, 2009

Attorneys in a Stamford lawsuit are getting close to reaching an agreement on freezing some or all of the assets of Sandra Herold.

Herold owns a chimpanzee that attacked Charla Nash last February. According to reports, Herold is Nash’s employer and friend. On Feb. 16, the chimpanzee escaped and Herold called Nash for help to get the pet back in the house. After the attack, the police shot and killed Travis (pet’s name).

The injuries suffered by Nash are terrible. According to the doctors, she lost her nose, lips, and hands. And in addition to her brain injury, she is also blind because of the attack. Right now, she’s slowly making improvement at Cleveland Clinic in Ohio.

In March, Nash’s attorneys already moved in to prevent Herold from getting rid or selling her $50 million assets in case damages are awarded later in the lawsuit. At the next scheduled hearing, the attorneys will already present a possible agreement, to be approved by the court.

Michael Nash, the twin brother of the victim, was appointed the conservator in Probate Court. According to Nash’s attorney, Charles Willinger, “Damages awarded in this suit would go to the care of her daughter (17-year-old) as well as her recurring medical expenses.”

Tags: attorney, attorneys, brain injury, Charla Nash, Charles Willinger, Cleveland Clinic, injuries, Injury, Michael Nash, Probate Court, Sandra Herold
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Three People injured in Los Angeles Car Accident

Thursday, April 30th, 2009

A 15-year-old boy and 21-year-old girl suffered major personal injuries when a head-on crash occurred between a Ford F-150 pickup truck and a Nissan Altima.

According to reports, Raquel Christian Leon (21-year-old Nissan’s driver) was surprised to see Derik Armstrong (19-year-old F-150 driver) travel west in Leffingwell Road’s eastbound lanes. Leon was with a 15-year-old boy while Armstrong was with a 17-year-old passenger. Everyone was taken to the hospital and no one was arrested yet, pending an investigation.

Officials have no clue why Armstrong was on the wrong side. Could he be under the influence of drugs or alcohol? Or was he disoriented or distracted for some reason? Whatever it is, he caused a car collision leaving three people with serious injuries.

In vehicular accidents like this, the injured victims should consult an experienced injury lawyer to advice them of their options and legal rights. If the injury was proven to be caused by the negligence of another driver, the victims may receive compensation that will cover property damage, loss of wages, medical bills, and other related expenses.

Statistics of California Highway Patrol reported that there were 411 injuries and nine fatalities of traffic accidents in Whittier (including this car collision). While for the entire Los Angeles County, there were 56,475 injuries and 712 deaths during the same period.

Tags: California Highway Patrol, Derik Armstrong, Injury, injury lawyer, lawyer, Raquel Christian Leon, Whittier
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Wrongful Death Cases Explored

Wednesday, April 29th, 2009

Medical malpractice and wrongful death are cases involving lawsuits or claims where another’s negligence, product, or conduct caused death. These cases may involve family members of decedents, administrators, estates, and executors.

Most of the time, the period after suffering the fatality could be overwhelming. Experts recommend that you communicate with the investigators. Of course, it also helps if you have a lawyer who will remain objective and understanding in dealing with the parties involved.

Aside from this, you could also be involved in the estate’s personal injury lawsuits and claims. Most likely, these cases were unresolved before the death of the decedent. For example, when somebody was injured from a car accident before death, it may not necessarily lead to a lawsuit against the person responsible for it.

First, an investigation should be conducted on whether the death of the decedent was due to the injuries sustained from the car accident or not. Sure, the case of the deceased will still proceed; however, it may involve unique challenges due to the absence of the decedent’s direct testimony.

Bear in mind that the estate attorney you need to hire should have experience in handling or litigating death claims. Also, he or she should not have conflict of interest between the litigants and the estate. If you wish to find a new attorney or change your existing one, it’s best to seek referral from an attorney directory online.

Tags: attorney directory, estate attorney, Injury, lawyer, medical malpractice, personal injury, Wrongful death
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Detailed Documentation is Essential in a Personal Injury

Tuesday, April 28th, 2009

A lot of people involved in an accident don’t seek prompt medical attention. As a result, they fail to document the result of the accident and how it occurred. So when it’s time for them to file the insurance claim, they don’t have proof of evidence to support it.

Lawyers recommend that you proceed to an emergency room or hospital and see a doctor right away after an accident. Don’t just go home even if there are no physical injuries in your body. If the test results turn out that you’re not seriously hurt, then that’s great. However, if there is an underlying serious injury, then you’ll be treated right away. Also, this fact will be documented by the attending emergency room doctor.

Also, don’t just rely on the police to get all the necessary information. You need to write down names, phone numbers, and addresses of the witnesses during your injury. These people can help testify and support your version of the story.

Then, write an incident report detailing what happened and how the injury affected you – how you feel, your time loss from work, and other costs associated with your sustained injuries. This kind of documentation will not just help you remember the facts clearly, but more importantly, it can be a major tool to recover due damages from the insurance company of the other party.

Tags: accident, documentation, incident report, Injury, lawyers, personal injury
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