On Behalf of Simon & Gilman, LLP | Nov 23, 2018 | Firm News
Three people died, 17 were injured and the facade of a restaurant was destroyed when a private tour bus ran a red light at the intersection of Main Street and Northern Blvd., crashing into a city bus in Flushing during September of last year. While you’d think that it would only take a single crash to motivate the bus owner to clean up their act, a recent review of federal records shows that little has changed for them.
Since that fatal crash occurred now more a year ago, Kum Gang Tours, Inc. and its partner the Dahlia Group Inc. have both racked up at least 13 safety violations throughout the northeast corridor.
One was for making false reports about how many drivers a bus had, and another was issued because an employee was in possession of alcohol while on duty. At least one citation was handed out to an inattentive motorist and another to a driver for operating his bus at a speed 15 miles per hour above the posted limit.
The sheer number of violations that the operating company has accumulated in such a short period of time has now gotten the attention of the Federal Motor Carrier Administration. Still, the company has successfully maintained its conditional rating which allows it to continue shuttling customers back-and-forth between casinos freely.
While the fatal Flushing crash led some state lawmakers to call for increased oversight over private bus companies’ operations, the legislators weren’t motivated to make any changes to how things are done. One of the lawmakers said that the onus falls on the consumer to ask questions necessary to protect their safety. He also warned that a customer who chooses the cheapest option isn’t always concerned about that.
Bus crashes are much like plane ones. While they don’t happen every day like motorcycle, bike or automobile accidents do, when they do occur, they often result in a large number of individuals getting hurt or killed.
Fortunately our legal system allows victims of these preventable crashes to file civil lawsuits to cover their bills as a way to send a message to the liable party that such behavior won’t be tolerated. A Queens motor vehicle accidents attorney can advise you of your right to file a lawsuit in your own case.
Are you at risk of a Black Friday shopping injury?
On Behalf of Simon & Gilman, LLP | Nov 16, 2018 | Firm News
There’s a certain irony that Black Friday — a day of unbridled greed — falls right after the holiday we celebrate by giving thanks for what we have. Nevertheless, New Yorkers will be out in force soon queuing up outside of department stores to snap up discounted bargains.
There’s certainly nothing wrong with saving money and stretching your holiday budget a bit farther. However, Black Friday shoppers must be careful to avoid the injuries and even deaths that have befallen so many others out shopping for deals.
What makes this such a dangerous time to shop? The deep discounts on merchandise cause hordes of shoppers to descend on big box stores and malls all over America. The sheer number of shoppers rushing the door at opening time can crush anyone who stumbles and falls.
Perhaps most worrisome is the violence that some shoppers are willing to unleash on their fellow bargain hunters. Two years ago, just across the river in New Jersey, a volley of gunfire killed one shopper and injured another outside of a Macy’s in a mall.
There is nothing on sale that is worth getting shot over. However, shoppers should feel safe in a store’s environment regardless of the day of the year.
Stores have a responsibility to their customers to keep their premises safe and hazard-free. On Black Fridays, that might entail hiring a special security detail to patrol both the store and the parking lot to prevent gunshots or fistfights.
But they must also go a step farther and make sure that their merchandise itself doesn’t pose safety risks to shoppers. Heavy items like flat screen TVs, sports equipment and anything else large or unwieldy should never be stacked up on high shelves. Should something come crashing down on the shoppers’ heads and shoulders, the injuries could be catastrophic.
If you wind up injured due to a store’s negligence this Black Friday, you may have a legitimate premises liability claim.
On Behalf of Simon & Gilman, LLP | Nov 9, 2018 | Firm News
Coming up with a plan to divide up assets such as jewelry, artwork, or family heirlooms in your will can be hard if you don’t know what something is or what it’s worth. What you may hold near and dear may be starkly different from the items someone else values. One way to ensure that your wishes for these items are honored is for you to address them in your estate plan.
A great place to start when crafting your estate plan is to inventory all of your assets that you wish to pass down to your heirs. You then should clearly designate whether you want the item itself or the proceeds from their sale to go to your heir.
Next, you’ll need to make contact with someone who can calculate the item’s fair market value for you. By knowing this, you’ll better know how much your estate is worth and how much you’re leaving to each heir.
When pricing your items, it’s important that you don’t rely on free sources of information, such as a relative or an online price guide. Prices can change fast and parties may have an ulterior motive for quoting a certain value. You should instead let an appraiser who’s accredited by a certifying body such as the Appraisers Association of America handle this instead.
As you go about selecting who you are going to leave a sentimental item to, you should take into account the heir’s feelings. If you know that another item may mean more to them, then you may want to consider leaving that to them instead.
If you decide to sell off an item and leave behind the proceeds from the sale to your heirs, then you may want to consider the capital gains and other tax implications that sale may have.
Dividing up family assets during the estate planning process is particularly important when you have multiple heirs. When you inventory and clearly document your wishes for them, it leaves less to dispute when you pass away. A Queens estate planning attorney can help you sort through the different assets you have and help you figure out the best approach for dividing them fairly between your heirs.
On Behalf of Simon & Gilman, LLP | Nov 6, 2018 | Firm News
New England winters are notorious for heavy amounts of snow, sleet and freezing rain, as well as sudden shifts in weather. It may have seemed like a relatively calm winter day when you left for work. When you head home in the afternoon, you might end up facing blizzard-like conditions that make driving a dangerous endeavor.
You don’t want to have to worry about whether your vehicle is ready to handle inclement New York winter weather. As the fall begins to turn to winter, it is the perfect time to begin to prepare yourself and your vehicle for safe driving in the colder weather. A little extra effort now can ensure you’re ready when the snow arrives.
A pre-winter tune-up and maintenance check is a good idea
Before you begin to worry about how your vehicle will handle winter road conditions, make sure that it is safe to drive. When the weather starts to turn cold, you should schedule an appointment with a trusted mechanic for an annual inspection. Ensuring that everything from your transmission to your brakes is in working order will reduce the potential of a mechanical issue contributing to a crash.
Once you know your vehicle is safe to drive, consider making changes such as new wiper blades to keep snow and ice off your windshield and new tires to ensure better traction on frozen, slippery streets. Knowing that your vehicle is well-maintained and ready to handle icy and snowy streets will help make you a more confident driver.
Proactive safety practices can reduce your risk of a crash
Proper vehicle maintenance is not your only concern when the snow starts falling. You should remind yourself of winter driving best practices, which differ substantially from how you drive in the warmer months.
These include reducing your overall speed when visibility is low or roads are slick and giving yourself more space to brake before you need to stop at an intersection.
You may also want to leave a larger amount of space between yourself and the vehicle in front of you on the road. Planning to leave a little earlier each day for your commute ensures you have time to travel slowly and safely to work.
Falling ice and snow, as well as harsh winds, are not the only concerns on the winter roadways. Cold weather can impact the performance of your vehicle by killing your battery.
There are also issues like black ice accumulation on the street. Winter driving is necessary, but be sure that you are engaging in best safety practices before you head out on to the snowy roads.
On Behalf of Simon & Gilman, LLP | Nov 2, 2018 | Firm News
In October, the National Highway Traffic Safety Administration (NHTSA) published data from its Fatality Analysis Reporting System (FARS.) It showed that in 2017, most types of fatal motor vehicle accidents decreased. This includes speed-related and drunk-driving crashes. Sports utility vehicles (SUVs) and large trucks crashes went up as did crash rates in urban areas. Researchers have attempted to make sense of these increases.
NHTSA data shows that the tractor-trailer and SUV crash rates for 2017 increased by 5.8 percent over the previous year. Those that involved large straight trucks increased by just shy of 19 percent during the same time frame.
What the data doesn’t tell you, though, is that most of the fatalities involving large trucks didn’t involve commercial tractor-trailers regulated by the Federal Motor Carrier Safety Administration (FMCSA.) Instead, they involved motor homes, dual-wheeled pickup trucks and buses that weighted in excess of 10,000 gross pounds. Those driving these types of vehicles aren’t subject to U.S. Department of Transportation oversight.
As for reasons for this uptick in crashes, many road safety analysts point to the fact that there are more vehicles on the road and that this has caused an increase in traffic density. This has contributed to there being more truck accidents in urban areas than in rural ones.
Seat belt use is reportedly down too. At least 16 percent of truck drivers who were killed in 2017 weren’t wearing them, a significant increase over the previous year.
The incidence rate of alcohol involved crashes declined in 2017. The number of marijuana impaired motorists causing accidents increased as the drug became legalized in many states.
While traffic density, speeding, drug use and motorists not wearing seat belts have been pointed to for the uptick in truck crashes during 2017, factors such as poor road conditions, driver inexperience and distractions may also be to blame. When you’ve been hurt in a crash, you’ll want to have a Queens attorney who has experience in handling injury claims to fight for your rights.
The Pros and Cons of Legally Changing Your Name
On Behalf of Simon & Gilman, LLP | Oct 31, 2018 | Firm News
You have considered changing your name for a while, and you think it is finally time to take that next step and make it official. Perhaps you have never really liked your given name, and you want something that you love. Perhaps you are looking for a fresh start in your life, and you think the name change is a key step to put you in the right mindset for positive growth.
Click here to consult with an attorney who can help you legally change your name.
Regardless of your reasons, you do want to consider the pros and cons before you do it. Here are a few things to think about:
Pro: You have all of the options you could ever want
Generally speaking, you can pick any name you desire. It’s all wide open. People often feel like they have to live with a name they never liked, but you don’t. Get as creative as you want. Pick something that really fits your personality and your desires in life.
There are some obvious restrictions: You can’t pick an obscene name, you can’t use something that is trademarked and you can’t copy a celebrity’s name exactly. You can’t change your name in an effort to avoid arrest or commit any type of fraud. Other than that, though, the choice is up to you.
Con: It’s not free
This is an official legal step that you must take, and that means you have to pay some fees. For instance, you have to put in a petition to change your name, which must then get approved. It needs to get notarized. If your name change is the result of a divorce or a marriage, you may need additional documentation. It’s not prohibitively expensive — court fees may be a few hundred dollars — but it does cost money. This is only something you want to do if you’re serious about it.
Pro: You can leave behind a trendy name
Parents often pick trendy names when their children are born. This means you get a cascade of people with the same names: Jennifer, Katie, David, John, Brittany. It all depends on when you were born. If you feel sick of having the same name as everyone else and you want something that stands out, changing your name gives you the chance to choose for yourself.
Con: You have to tell everyone about the change
People will ask questions. They will forget that you changed your name. It may take more work than you think to contact friends, family members, co-workers, supervisors, school administrators and everyone else who needs to know. This can get a bit confusing, especially in the first few months after the change.
The legal process
If you do want to change your name, make sure you understand the legal process and what steps you’ll need to take. It is very important to do this properly so that you don’t overlook anything.
On Behalf of Simon & Gilman, LLP | Oct 26, 2018 | Firm News
One of the first decisions that you’ll have to make during the estate planning process is deciding who you want to serve as executor. While you may be inclined to appoint a family member to this role, doing so can sometimes cause more harm than good. Some may choose to appoint a good friend, attorney or financial planner, depending on their jurisdiction’s laws. Whomever you choose should have certain attributes.
You’ll want the person that you appoint to be the executor of your estate to first and foremost be an honest, reliable individual. They’ll be the one to collect and distribute your assets and pay your final expenses. The person that you choose should be someone that you feel confident can keep your financial secrets private.
Another attribute that you’ll want to look for in an executor of your estate is someone who is savvy in handling investments. This is particularly important as that individual will be responsible not only for inventorying your assets, but insuring that they maintain their value until they’re allowed to distribute them to your beneficiaries.
The executor will also need to be a strong-willed individual as it’s inevitable that individuals or creditors will attempt to make false claims to the estate. It will be important for them to be strong-willed as they interact with beneficiaries including family members as well.
An executor will also need to be fair, firm balanced and someone capable of making diplomatic decisions as they interact with beneficiaries. They’ll need to be able to make ones that are aligned with your final wishes and that are in the best interests of the estate.
When you appoint someone to this role, you’ll want to make sure to appoint someone that has availability to manage your estate for as long as a year after your death. You’ll want the person to be detail-oriented as well.
If you’re having difficulty in deciding who might be best suited to serve as the executor of your estate, then you may benefit from learning more about what their responsibilities would be. A Queens estate planning attorney can walk both you and your prospective executor through what would be expected of them to see if they’re confident that they could handle what’s being asked of them.
On Behalf of Simon & Gilman, LLP | Oct 19, 2018 | Firm News
During the past few years, a number of companies have stepped up to make electric scooters more widely available. This mode of transportation is attractive to individuals looking to move about sidewalks or city streets with ease and speed. As more people buy and rent scooters, the number of incidents where people have gotten seriously hurt while using them has increased.
One reason individuals riding electric scooters may be prone to injuries is because they’re given very little or no training before attempting to operate them.
In cities like New York City, individuals looking to rent scooters simply download an app on their phone, use it to find a pick-up spot and arrive at that location. Once they arrive, they unlock the e-scooter and are free to take it for a spin wherever they like.
While most cities that offer residents or visitors the use of these e-scooters have helmet laws in place, many riders don’t follow them. Almost every rental company requires them to wear them as well, but it’s almost impossible to enforce this regulation.
Many people spontaneously decide to use e-scooters when there are no cars readily accessible. When they’re tired or have to travel a distance, they often aren’t carrying helmets and don’t worry about using them.
Even in instances in which e-scooter riders don their helmets, there are plenty of other ways of getting hurt on an e-scooter. Shattered pelvises, broken bones or punctured lungs are common injuries for e-scooter riders. One of the primary reasons individuals get hurt on these motorized vehicles is because they don’t adapt to the shifting centers of gravity and lose their balance.
Accidents can happen to anyone, anywhere and at any time. Medical costs can be exorbitant. Without a paycheck coming in, you may wonder how you’re going to pay for your basic expenses like food, clothing and shelter. A Queens personal injury attorney can help you prove that another party was responsible for the accident and help you get the compensation you deserve.
Key statistics about ambulance crashes
On Behalf of Simon & Gilman, LLP | Oct 12, 2018 | Firm News
It’s natural to assume that an ambulance must be one of the safest vehicles on the road. After all, its whole purpose is to save lives and help the injured. With emergency lights and sirens, other traffic has to give it a wide berth.
However, the reality is that ambulances do crash. They operate in chaotic situations where time is critical. To that end, they often break speed limits and traffic laws. They’re allowed to do this, of course, but it does increase the risk. Here are some key stats about how often ambulances crash and how it happens:
- One study examined 339 such accidents and found that they led to 838 injuries and 405 deaths.
- The majority of the accidents (202) happened when the ambulance was on an emergency call.
- Most of the fatalities (233) also happened in emergency situations.
- The most common place for accidents was at intersections.
- The highest percentage of accidents — 39 percent — happened in the afternoon between 12 p.m. and 6 p.m.
- A full 77 percent of crashes happened during clear weather conditions, while 69 percent took place on dry roads.
- The vast majority of crashes, or 99 percent, happened on “improved” roadways.
The danger is not just to those in the ambulance, though they do face significant risks, especially if emergency workers are not strapped in or patients are already in a fragile state. Other drivers can also suffer serious injuries, in part due to an ambulance’s relatively greater size and the potential that the driver will be speeding. Those who get hurt in these accidents need to know all of their legal options.
On Behalf of Simon & Gilman, LLP | Oct 8, 2018 | Firm News
There are typically three reasons that people create a comprehensive estate plan. The first is a desire to leave behind a legacy, which often includes allocating assets to specific people. The second is to ensure that their medical wishes are clearly stated to help friends and family make good decisions on their behalf.
Finally, people do extensive estate planning in order to minimize expenses, including estate taxes and probate court costs. Taxes only affect inheritances over a certain amount, but probate court can affect an estate of any value. Just creating an estate plan doesn’t prevent your estate from going through probate. If a family member challenges your estate plan, it could still wind up going through the probate process.
Make sure family members understand what to expect
Uneven inheritances and last-minute surprises are common contributing factors to conflicts during estate administration. For the average person creating a will, unhappy family members and surprise beneficiaries can wreak havoc on your intended legacy.
The best way to avoid having your family contest your estate plan and drag your estate through probate is to openly communicate with everyone about your intentions in your last will. If everyone knows what to expect, there won’t be disappointment when people read your will after your passing.
Keeping people in the dark, particularly if they are receiving less of your assets than other family members or have been removed from the will, could mean a big mess for the person in charge of handling your estate after you die. Explaining your decisions to your family members and keeping them apprised of any changes you make as you age will minimize surprises and unexpected disappointment.
Make sure your will is up to date and legally sound
As your life situation changes, so, too, should your estate plan and will. Whether you divorce, remarry or have new grandchildren, it’s important that your last will accurately reflects your current life situation. If you die with your will out-of-date and inaccurate, that can make it easier for family members to contest the contents of your will.
When you do review your last will, you should make every effort to ensure that it complies with New York state laws, down to the last signature. You also want to ensure that you have witnesses who can testify to your mental capacity at the time of the will’s execution. These extra steps can help ensure that there are no legitimate grounds for anyone to challenge your will.
If you worry that someone in your family may attempt to challenge your plans, you may include a no-contest clause in your will. However, if issues with your estate plan or your health provide a good faith reason to challenge the will, the clause may not stand up in New York probate court. Careful planning and documentation, as well as clear communication with family members, can likely do more to keep your estate out of probate court.
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