Suffolk County police investigate the scene of a

(Image from Newsday.com)

Pedestrian Knockdown

A pedestrian knockdown is one type of personal injury case that is growing in number on Long Island.  A pedestrian knockdown is when an individual is struck by a motor vehicle and suffers injuries.  A pedestrian knockdown does not necessarily imply criminal conduct such as that in a hit and run, texting while driving or DWI incidents; although they can.  Often times, pedestrian knockdown cases arise out of nothing more than a mere accident.  Just the latest example of this type of accident occurred in Copiague and was reported by News 12.

Whether arising out of criminal conduct or not, pedestrian knockdown cases almost always result in personal injuries.  It is common sense that the human body is not built to withstand an impact from a motor vehicle in motion.  Therefore, when a pedestrian knockdown occurs, the victim has anxiety and a lot of questions.  It is important to understand that a personal injury attorney can assist you in answering questions such as how to seek medical advice, whose insurance pays for medical treatment, how liability for the accident is assessed and determining if a personal injury lawsuit should be commenced.  Having answers to these questions will allow the victim to focus all of their energy on recovering and calm the concerns of their family.  Most people often underestimate the importance of consulting with a personal injury attorney.  It is important to remember that being injured in an accident is very traumatic and scary.  The experience is exacerbated by not knowing how to handle the “fall-out” from the accident or lessened by having people around you who do.

Personal Injury Attorney in Mineola

If you or someone you are concerned about have been injured in a motor vehicle accident of any kind, especially a pedestrian knockdown, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.

 

 

Construction Site Falls

On January 13, 2016, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Construction Site Falls

When a worker gets injured by falling into a trench on a construction site, liability may be more of a hurdle than most people think.  There are several facts surrounding the accident that will determine whether the contractor or property owner has liability.  One of the most interesting points of contention is whether covering the trench to protect the workers is inconsistent with an integral part of the job.  This would mean that covering a trench is not necessary if it would frustrate the purpose of the construction job itself.  The Court in Salazar v. Novalex Construction Corp., 18 N.Y.3d 134, 960 N.E.2d 293 (2011) gives us this conclusion.  Industrial Code violations necessary for assigning liability in certain labor law claims may depend on whether the uncovered trench is deemed to have been necessary to complete the job.

Obviously, there are other types of falls that can cause injuries on a construction site.  All falls do not involve trenches.  It is important to discuss the specifics with an attorney as soon after an accident as possible to put together a plan to prepare your case for litigation.  Time can be a major factor in preparing a case because evidence can be lost and or destroyed over time.  Construction sites are dynamic and demand immediate investigation in order to protect your interests.  Delaying can harm or even destroy your case.  Knowing exactly what information and investigation is necessary should be left to the expertise of your labor law attorney.  After discussing the investigation strategy with your labor law attorney, you will understand the value of the role the attorney plays in labor law litigation.

Labor Law Attorneys

If you or a loved one are injured in a construction site accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a labor law attorney.

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