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Canandaigua Personal Injury Law Blog

Child dies in pedestrian accident; city settles parents’ suit

Fair-minded residents of New York recognize that some accidents are unavoidable. They also know that money, while helpful to families with bills to pay and income to provide, won't bring back loved ones lost in fatal pedestrian accidents. However, for a family that needs to recover, seeking that compensation through legal action is a way for them to hold responsible parties accountable.

Parents in another state have just settled a lawsuit with the city that they claim is liable for the death of their 6-year-old daughter. Reports are that in 2011, the little girl was struck and killed on her way to school as she traversed a crosswalk. Her mother and younger sisters watched as she passed away. The driver, a teacher at the elementary school, told police she didn't see the victim because of sun glare in her windshield.

Towns may be liable for wrongful death by drowning

Soon it will be hurricane season once again. While most severe storms wreak havoc on the coastal communities, the vivid media reporting and on-the-spot videos that Canandaigua residents have available can make the situations very real to everyone. Sadly for one family, the 2011 Hurricane Irene floodwaters in another state are now the catalyst for a wrongful death lawsuit.

A complaint was filed against two municipalities, state police and other related state departments. The plaintiff is the victim's mother, and she alleges that the defendants disregarded the potential risk of harm when they opened the floodgates that subsequently filled roads with raging waters. The 20-year-old woman, unaware of the dangerously rising water, was swept away while trying to evacuate the area in her car.

Many questions beset car crash victims’ families

Victims of motor vehicle accidents and their families search for answers to help them understand what happened in that brief moment in time. Sometimes, an accident reconstruction or investigation provides answers to questions about car accidents. Accountability and providing for the financial security of the survivors allows for moving on. Other times, answers are elusive, and no one is held responsible.

Canandaigua, New York, residents who own cars are likely aware of the ongoing General Motors recall and news-making Congressional investigation into the defective part. For families who have suffered the loss of a loved one, they are likely revisiting that painful time. Reportedly, many are angry that the company didn't provide information about its allegedly faulty cars sooner. They also are upset that safety regulators didn't intervene.

Wrongful death lawsuit focuses on faulty car ignition switch

There are many automobiles manufactured by General Motors on New York roads. As is sometimes the case for other automakers too, a problem has surfaced in certain models that required GM to issue a recall of 1.6 million vehicles. Often the minor repair means nothing more than an inconvenience for the car owner. In this recall, however, the alleged flaw has opened the door to a wrongful death lawsuit that, according to some, is the first of many that will be brought against GM.

Based on a fatal accident in 2006, this first suit was filed on Friday. Three girls were riding in a Chevy Cobalt, one of the cars included in the recall for a faulty ignition switch. The plaintiffs allege the switch turned from its running position to its accessory position, causing the airbags, steering and brakes to lose power. The 19-year-old driver struck trees and a telephone box when she lost control, suffering a brain injury and other trauma. The 15- and 18-year-old passengers were killed.

Woman killed in New York truck accident

New York residents are well aware that there are inherent dangers on the roadway. However, even the most careful individuals can fall victim to the actions of others, and semi trucks or standard vehicles can do serious damage when they hit other cars or pedestrians. When such damages occur, victims or grieving loved ones have the right to seek answers about the situation and compensation for loss, pain or medical expenses.

A college professor and her mother were hit by a pickup truck in New York on Friday, March 14. According to authorities, the pickup truck was being driven by an 86-year-old man. The truck swerved in the street and struck the women, who were walking along the road at the time.

Suit alleges New York nightclub played role in man’s death

When New York residents are involved in motor vehicle accidents, a thorough investigation often reveals the cause to be negligence on someone's part. If a drunk driver is at fault, the fact-finding process can include determining whether anyone is responsible for allowing the intoxicated person to get behind the wheel.

The family of a man killed in a New York City car crash allegedly caused by a drunk driver has filed a civil lawsuit. The defendant is the nightclub where the driver was served alcohol before he allegedly drove a stolen vehicle into a Metropolitan Transport Authority bus, killing the driver.

Bronx firefighter runs into women while driving under influence

Pedestrian accidents can result from a number of circumstances, especially in crowded metropolitan areas. When accidents lead to the need for medical care or the loss of wages, life or companionship, victims may be able to seek compensation from the driver at fault for the accident. Even when police don't site a driver specifically, if plaintiffs can prove negligence, they could be awarded monetary damages.

For one mother, her newborn baby and a friend, damages following a New York pedestrian accident are very serious. The incident occurred on Wednesday, March 5, around 6 p.m. A pregnant 42-year-old woman was crossing a street in the Bronx with a friend when a driver in a Chevy Suburban bumped into them.

Student dies after pedestrian accident involving trash truck

Though individuals walking on or near the road are at some risk anywhere in the country, pedestrians likely see more risk in large, crowded cities such as New York. Pedestrian accidents can occur for a variety of reasons, including distracted or careless driving. An investigation is still pending in an accident that involved a garbage truck and a 25-year-old rabbinical student.

According to reports, the 25-year-old man was crossing Kingston Avenue in Brooklyn when the incident occurred. Witnesses report that the man and two friends who were crossing with him had the right of way. The two friends were crossing slightly behind the 25-year-old man.

Lawsuit claims doctor’s OK to drive resulted in car crash

Without the ability to predict the future, physicians in New York must carefully evaluate a patient's abilities if a medical condition might affect safe driving. A car accident could result if a person experiences a loss of control or consciousness while behind the wheel. Life is, of course, unpredictable. But when a person has a diagnosis indicating that the potential for problems exists, who is liable for injuries and damages if a motor vehicle collision does happen?

In another state, a lawsuit has been filed in which the answer to this question needs to be determined. According to the suit, in 2010 the plaintiff and another driver were involved in a car accident. It is alleged the defendant suffered from a seizure disorder that caused an inability to safely operate a motor vehicle. Additional defendants include her treating physician and the physician's employer, Kaiser. The minor plaintiff, through his guardian ad litem, is seeking general damages, medical expenses, loss of earnings ability and costs of the suit.

New York dairy farm accidents spark push for safety measures

Upstate New York is home to many dairy and other types of farms. There are always controversies about things like regulations, worker safety and the government's role in both. Opinions aside, when it comes to a fatal workplace accident, surviving families may need additional financial security, and a wrongful death claim is one way to seek such security.

A New York dairy farm was the scene of an accident a year. In this case, an alleged faulty auger crushed a man to death. According to the Workplace Health and Safety Project of Rochester, this fatality was one of 12 since 2007 that occurred on New York dairy farms. Like-minded organizations across the state are presently supporting a new program to be implemented by the Occupational Safety and Health Administration.