Articles Posted in Personal Injury

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Car and bus accidents can have devastating consequences, resulting in serious injuries or even death. When such accidents occur, it is important to determine who is at fault and who should be held liable for any damages that result. One case that dealt with this issue is Greiff v. New York City Transit Authority, 212 A.D.2d 253 (1st Dep’t 1995). In this blog, we will discuss the background of the case, the issues that it raised, and its implications for car and bus accidents.

Background

In Greiff v. New York City Transit Authority, the plaintiff, Donald Greiff, was driving his car when he was struck by a New York City Transit Authority (NYCTA) bus. The accident occurred at an intersection controlled by traffic lights, and both the car and the bus had a green light when they entered the intersection. The bus was making a left turn, and the car was traveling straight through the intersection. The bus driver testified that he did not see the car until it was too late to avoid the collision.

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Wakeboarding is a popular water sport that involves riding on a board while being towed by a motorboat. While wakeboarding can be an exhilarating experience, it also carries inherent risks, especially if proper safety precautions are not taken. Injuries sustained in wakeboarding accidents can be severe, and victims may be entitled to compensation for their damages.

O’Brien v. Jetty Jumpers involves a wakeboarding accident and highlights the importance of proper safety measures in preventing injuries.

Background

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Kayaking is a popular recreational activity, but it can be dangerous if proper procedures are not followed. Maintaining a proper lookout is an essential part of kayaking safely. It means paying attention to your surroundings and actively scanning for potential hazards, such as other vessels, swimmers, or obstacles in the water.

When kayaking, maintaining a proper lookout involves continuously scanning the water in all directions to identify potential hazards. This includes looking forward, backward, and to the sides. Kayakers should also keep an eye on the weather conditions, as sudden changes in wind, waves, or current can create hazards.

Williams v. Giraldez highlights the importance of maintaining a proper lookout, following navigation rules, and taking evasive action when necessary to avoid a collision with another vessel or object in the water.

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Boating accidents can result in catastrophic injuries and even fatalities, leaving victims and their families with physical, emotional, and financial damage. When a boating accident occurs, legal action may be necessary to seek compensation for the losses incurred. In re: Stowman involves a boating accident and the application of maritime law.

Background

The case of In re: Stowman arises from a boating accident that occurred on August 8, 2009, on the Hudson River in New York. The accident involved two boats, a 20-foot pleasure boat and a 300-foot barge that was being pushed by a tugboat. The pleasure boat was carrying several passengers, including Lindsey Stewart and Mark Lennon, who were to be married two weeks later. The driver of the pleasure boat was Jojo John, who had been drinking prior to the accident.

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Boating accidents are a common occurrence, and they can have devastating effects on the victims and their families. In the case of Estate of Joseph DeLuca v. New York State Department of Environmental Conservation, the plaintiff, the Estate of Joseph DeLuca, sued the defendant, the New York State Department of Environmental Conservation (DEC), for negligence and wrongful death resulting from a boating accident that occurred in 2012.

The case involves a tragic accident that claimed the life of Joseph DeLuca, a 30-year-old man who was an experienced boater. The accident occurred in Long Island Sound, near Hempstead Harbor, when a DEC patrol boat collided with DeLuca’s boat, causing it to capsize. The DEC patrol boat was on a routine patrol and was traveling at high speed when it collided with DeLuca’s boat.

The Estate of Joseph DeLuca claimed that the DEC was negligent in its operation of the patrol boat, and that this negligence was the proximate cause of DeLuca’s death. The case went to trial, and the court ultimately found in favor of the plaintiff.

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Bicycle accidents in urban areas like New York City are unfortunately common. One such tragic incident occurred on August 10, 2018, when a young Australian tourist named Madison Lyden was struck and killed by a garbage truck while riding her bicycle in Manhattan. The accident sparked outrage among the cycling community and prompted Lyden’s family to file a lawsuit against the City of New York. This case highlights the need for better infrastructure and safety measures to protect cyclists on the city’s busy streets.

Factual Background

On the day of the accident, Lyden was cycling in the designated bike lane on Central Park West when she swerved to avoid a stopped taxi. She was forced into traffic and was hit by a sanitation truck, causing her to fall off her bike and into the path of the truck’s rear wheels. Lyden was rushed to the hospital but was pronounced dead a short time later. The driver of the truck, Felipe Chairez, was charged with driving while impaired and operating a commercial vehicle while under the influence of drugs.

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Riding a motorcycle can be an exciting and exhilarating experience. However, it can also be dangerous, especially when other drivers are negligent or reckless. In some cases, accidents are caused by factors outside of the rider’s control, such as poor road conditions. One such case is Madarash v. BUCH which involved a motorcycle accident caused by a hazardous road condition. This case sheds light on the legal issues involved in motorcycle accidents and the potential liability of government entities for unsafe road conditions.

Background

In June 1983, John Madarash was riding his motorcycle on Route 302 in the Town of Crawford, New York. As he approached a curve in the road, he noticed a large accumulation of gravel on the pavement, which made the road surface uneven and slippery. Despite attempting to slow down and avoid the gravel, Mr. Madarash lost control of his motorcycle and crashed, sustaining serious injuries.

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Pedestrian accidents can result in severe injuries, and the victim may be entitled to compensation for their damages. The law in New York provides protection to pedestrians, and drivers have a legal obligation to exercise reasonable care to avoid causing harm to them. In Stathis v. Leonardis, the New York Court of Appeals considered the issue of whether a pedestrian was entitled to compensation for injuries sustained in an accident involving a vehicle. This case is significant as it provides guidance on how courts in New York determine fault and damages in pedestrian accidents.

Background

The plaintiff in the case, Stathis, was a nine-year-old child who was walking home from school when he was hit by a car driven by the defendant, Leonardis. Stathis suffered severe injuries, including a fractured skull and a broken leg. The accident occurred on a busy street in Queens, New York, during rush hour traffic.

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