Train Derailment

On January 4, 2017, in Message/News Board, by John A. Weber IV, ESQ.

LIRR Crash At Atlantic Terminal

(Image from CBS New York)

TRAIN DERAILMENT

For the second time within one year, the New York Tri-State area has seen a train derailment due to human error, poor maintenance and otherwise negligent behavior cause serious injuries to patrons who are simply trying to get to work. Whether the train conductor fell asleep at the controls, the controls malfunctioned or the train hardware was defective, working men and women are put at risk for serious injury when a train derails and goes off its’ tracks. Back in September of 2016, an out of control train crashed into the platform killing one young mother and injuries dozens more. In May of 2013, a Metro-North Passenger train derailed in Fairfield Connecticut and injured over 65 of the 250 people on board. Today, a Long Island Rail Road train derailed and crashed into the platform injuring over 100 people. Since these trains are operated by government, state and quasi state agencies, the time to file a Notice of Claim against these agencies is limited and quick. If you were injured in a train derailment or any other train accident, contact us immediately to preserve your rights. Waiting too long to contact an attorney can jeopardize and/or bar your claims.

http://www.nbcnewyork.com/news/local/LIRR-Train-Derails-in-Brooklyn-409638225.html

http://newyork.cbslocal.com/2017/01/04/recent-train-derailments/

http://abcnews.go.com/US/connecticut-commuter-train-crash-fbi-finds-foul-play/story?id=19207987

Train Accident Attorney

When this happens to you or a loved one, you need someone who will fight to obtain the compensation you deserve. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where an attorney with a proven track record of holding responsible parties accountable for their negligence can speak with you about your case.

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.

 

 

Slip and Fall Accidents in New York

On February 20, 2016, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

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Slip and Fall Accidents

In New York a “slip and fall” accident generally means that a person has slipped on a foreign substance (i.e. water, oil, debris, etc.). “To recover in a slip and fall action, a plaintiff must be able to show that the defendant (or his employees) failed to remove the hazard or foreign substance from the floor creating a dangerous condition, or that the defendant (or his employees) failed to warn the plaintiff of a dangerous condition that could not readily be detected. The defendant must either be actively responsible for the slippery condition—as, for example, where the defendant’s employee has applied excessive polish or spilled a slippery substance on the floor—or must have actual or constructive notice of the hazard.” See Khanimov v. McDonald’s Corp., 121 A.D.3d 1052, 995 N.Y.S.2d 191, 193 (2d Dep’t 2014). 3-27 New York Practice Guide: Negligence § 27.01 (2015). Often times, proving that the owner had “notice” is the most difficult aspect of “slip and fall” cases. Actual notice is an express statement detailing the condition. Constructive notice refers to the reasonable forseeability of the condition, inferred from the specific circumstances. Because the ability to prove notice will decrease over time, it is important to act quickly and seek the advice of an attorney if you are injured in a “slip and fall” accident.  An attorney who practices in the area of personal injury law would be best suited to answer questions and give direction on how to proceed in these cases.

Personal Injury Attorneys

If you have suffered an injury due to a “slip and fall” accident, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a personal injury attorney today!

Passenger Injured in Motor Vehicle Accident

On February 20, 2016, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

auto accident imagePassenger Injured in Motor Vehicle Accident

Passengers  injured in motor vehicle accidents should be aware of the procedures that are in place to process medical treatment and litigation. Some people do not realize that No-Fault will cover the medical expenses for a passenger of a vehicle; not just the driver. It is important to notify the medical providers that the injuries are the result of a motor vehicle accident so that the No-Fault forms are completed in a timely fashion. This will avoid time consuming corrections after the fact. As far as litigation is concerned, one particular point often evokes feelings of discomfort on the part of passengers. It is quite often in the best interest of the passenger to file the suit against the driver of the vehicle they were in as well as the driver of the other vehicle. This is due to the fact that a question of liability may exist which is indeterminable at the time the lawsuit is filed. In order to ensure that the passenger will be compensated for the injuries they sustained, the driver of both vehicles should be named as Defendants.  More often than not, this means that passengers should have a different personal injury attorney than the driver of the vehicle they were riding in.  There are extenuating circumstances that are exceptions to this thought however.  One thing is for sure though.  Seeking the advice of legal counsel as soon after the accident as possible can strengthen your case.  Not because the attorney will change or shape the story of what happened, but rather, because the attorney will guide the processing of the case from the onset to help expedite your claim and move you towards any possible recovery.

Personal Injury Attorneys

If you or a loved one were involved in a motor vehicle accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!

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