On Behalf of Simon & Gilman, LLP | Oct 5, 2018 | Firm News
An 88-year-old Whitestone woman, who struck and killed a 17-year-old driver from Flushing on June 25, has agreed to plead guilty to reckless endangerment charges for causing her death.
According to police, the young woman was walking in a crosswalk nearby the intersection of Utopia Parkway and 16th Avenue that day when the octogenarian crashed into her. The teen died of blunt force injuries soon thereafter.
When questioned by police, the elderly Queens resident noted that she didn’t see the teen or the red light before the crash occurred. They placed her under arrest not long after she made those incriminating statements.
In the months leading up to her guilty plea, many area residents had relentlessly petitioned officials at the New York Department of Motor Vehicles. They wanted them to order that all motorists 80 or older be retested every two years to see if they were fit to keep their license. So far, at least 20,000 people have signed the petition.
The defendant will be required to permanently relinquish her driver’s license and sign the petition as part of her plea deal. Her release from police custody is conditional upon her not committing any other crimes. If she does, then the judge presiding over the matter has vowed to place her in jail for an entire year.
Walking along New York City’s heavily trafficked streets carries significant risks for pedestrians. It not uncommon for a motorist who is distracted to miss seeing a light or something in their path. Impaired or elderly drivers may have delayed vision or motor skills, which makes them more apt to cause serious crashes as well.
Recovering from injuries or footing the bill for a funeral can both be costly. Let a Queens motor vehicle accidents attorney advise you how to recover compensation for those losses.
What should runners do when a dog attacks?
On Behalf of Simon & Gilman, LLP | Sep 28, 2018 | Firm News
When dogs are not properly restrained, they can be a serious threat to runners and joggers all over New York. Many dogs see people running and want to give chase, either because they feel threatened or because the quick movement naturally makes them feel like the person is prey. Either way, they do chase and they do bite. This happens to thousands of people every year.
So, as a runner, what should you do when threatened by a dog? How should you react?
First off, even if it lowers your time for the course, stop running. The dog very well may stop chasing you. It’s instinctual. Slow down and refrain from escalating things. Never try to outrun the dog. You can’t do it. It just makes it worse.
Watch the dog, but do not make eye contact. Some dogs take this as a challenge or a threat. You do not want to seem overly aggressive or the dog may think it has to “defend” itself.
At the same time, stay calm and collected. Try to keep from showing fear or cowering. Be confident and make yourself appear as large as you can without being aggressive. If you can, try to be boring. Make no sudden movements. The dog will probably lose interest.
Talk firmly and calmly to the dog, in a deep voice. Do not reach out to it or try to touch it.
These tips can help, but dog bites still happen every year. If you get attacked while out for your daily run, make sure you know how to seek financial compensation.
On Behalf of Simon & Gilman, LLP | Sep 21, 2018 | Firm News
The 2,100 inspectors that work for the federal Occupational Health and Safety Administration (OSHA) keep a watchful eye over more than eight million work sites across the United States. These locations employ as many as 130 million workers. This means that the inspector-to-worker ratio is just shy of 60,000. The federal government maintains 85 local and 10 regional OSHA offices across the country.
OSHA’s data show that in 2016, 991 private sector construction workers died. This accounts for 21 percent of the 4,693 total on-the-job fatalities that year. The leading causes of construction worker deaths that year were:
- Falls at 38.7 percent
- “Struck by” injuries at 9.4 percent
- Electrocutions at 8.3 percent
- Crushing injuries at 7.3
The top 10 violations that federal OSHA inspectors cited construction site owners for between Oct. 1, 2016, and Sept. 30, 2017, were varied. They had to do with either inadequate or nonexistent scaffolding and ladders as well as inferior fall or respiratory protection. Many sites didn’t properly lock out or tag out hazardous energy. The wiring or electrical methods being used on numerous job sites were also inadequate. Staff also seemed to lack the necessary training to know how to prevent against falls. Policies for safeguarding machinery and powered industrial trucks were lacking as well.
OSHA contends that its enforcement of standards has historically improved workplace safety. They suggest that having them in place has reduced worker illnesses and injuries from 10.9 per 100 workers in 1972 to just 2.9 by 2016. Worker deaths have also gone down. What used to be 38 worker deaths per day in 1970 has been reduced to 14 by 2016.
When a construction site accident happens in New York, the penalties are so steep that the developer tends to want to brush it under the rug to avoid taking a financial hit or having their site closed down. That’s why after seeking medical help you may want to speak to a Queens personal injury attorney. They can help you learn more about your legal rights.
On Behalf of Simon & Gilman, LLP | Sep 19, 2018 | Firm News
There are many different reasons why someone in New York might want to change their name. Perhaps you received a family name, and you find it both unoriginal and embarrassing. Maybe your parents chose something so unique that no one can spell it or pronounce it.
Click here to consult with an attorney who can help you legally change your name.
In some cases, you might just dislike your name or feel like a new name fits you better. Some people even change their names to avoid someone who has been stalking or harassing them. Regardless of why you are considering changing your name, it’s important to carefully consider both of the benefits and costs associated with a legal name change.
There are some potential drawbacks to changing your name
Unless you are getting married or divorced, changing your name will not be free. If you are about to marry someone, you have the option of taking their last name, hyphenating a combination of your last names or creating a new last name to share. If you get divorced, you will also have the option of legally changing your last name at that time.
Otherwise, you can expect to pay a court fee, typically $275, for the legal process of changing your name. You will also need to file a petition, provide information about previous bankruptcies or criminal convictions, all of which can be quite time-consuming. You will also need to wait for a hearing in front of a judge.
The potential cost is not the only negative consequence of changing your name. People that you know may struggle to locate you under your new name. If you have had any sort of public exposure, such as published writings or other achievements, it may be difficult to adjust the name associated with those previous achievements. You may also have issues if you have a professional license or have completed an educational program under your original name.
There are many benefits to a name change
Legally changing your name does offer quite a few potential benefits. First of all, it can give you a fresh start. Whether you want to put a difficult past behind you, escape the attentions of a stalker or start fresh during a new phase in your life, a legal name change can be very empowering.
If you have historically made mistakes that were well-known or perhaps even published in newspapers or online, a new name can help ensure that social acquaintances and potential employers will not find those embarrassing stories when researching you. For people who have changed career pursuits or undergone gender transition, a new name can be a great way to delineate their life before that change and their life after it.
Make sure you familiarize yourself with all of New York’s requirements for a legal name, including the fact that you cannot use a numeral, obscene words or a symbol as your name. Once you do change your name, make sure that everyone, from your landlord and bank to your friends and family, know your new legal name.
On Behalf of Simon & Gilman, LLP | Sep 14, 2018 | Firm News
The Vision Zero initiative, which remains in effect in Queens and all other parts of New York City (NYC) aims to reduce the incidence rate of pedestrian and motorist injuries and deaths. While as a whole, the first six months of 2018 was marked by a significant reduction in the amount of traffic-related fatalities, the number of individuals that have either been injured or killed in Queens so far this year is staggering nonetheless.
So far, 17 people have been killed in traffic-related crashes in Queens. Nearly 1200 have been hurt in similar types of incidents. Even as alarming as these statistics may sound, city officials contend that the 13 people killed and 1155 that were injured last year is still the lowest that it’s been in some 100 years.
Traffic analysts suggest that the reduction in injuries and deaths coincides with Mayor Bill de Blasio’s launching of the Vision Zero initiative, which ultimately aims to have zero traffic-related fatalities citywide.
One of the key aspects of the program that analysts point to as having had the strongest impact on reducing crash injury and fatality rates is increased enforcement of traffic infractions. Transportation officials have reduced the speed limit citywide to 25 miles per hour and have stepped up their enforcement of moving violations significantly.
Crossing signals have been reprogrammed to allow pedestrians to get a head start. The city has begun installing hundreds of miles worth of bike lanes to keep bicyclists safe. Also, intersections that were notoriously dangerous have been redesigned.
Despite their efforts, problem areas still remain. Pedestrians will never be a match for cars. Serious injuries can result from a motorist striking an individual walking or jogging down the street. If you’ve been hurt, then you’ll only want to entrust the handling of your injury claim to an experienced Queens motor vehicle accidents attorney.
Trench collapses often fatal to workers
On Behalf of Simon & Gilman, LLP | Sep 10, 2018 | Firm News
There is no doubt that construction workers in New York face many on-the-job dangers every day. From scaffolding accidents to power tool injuries, there is always some hazard lurking in and around a job site.
One of the most commonly fatal work site accidents is a trench collapse. Few workers who get caught in trench collapses survive the experience. The reason for the high mortality rate is that soil is very heavy. The Occupational Safety and Health Administration (OSHA) reports that one cubic yard of soil can weigh as much as 3,000 lbs. To put that into perspective, it’s as much as a small car.
The bad news is that in a recent year — 2016 — there were 23 worker deaths and 12 injuries nationwide from trench collapses. The good news is that most, if not all, of these disasters are completely preventable.
Don’t risk it
Any worker who enters an improperly shored-up trench is risking their lives, the National Institute for Occupational Safety and Health (NIOSH) warns. Unlike some construction accidents where there are advance warning signs of pending equipment failures or disasters, trenches collapse onto workers without any warnings.
What causes cave-ins?
Trenches cave in for a number of reasons. Some of the most common include:
- environmental factors
- water content
- type of soil
- excavations that have previously been back-filled
- vibrations from cars and/or nearby heavy equipment
- weight of tools or machinery in close proximity to the trench
In reality, anything that affects the stability of the soil is a potential cause of a deadly cave-in.
Follow all safety protocols
Before the first shovelful of soil is removed from a trench, certain precautions must have already been taken. Company officials must first dial 811 to learn where various underground utility lines are laid. Each job site also needs to have a designated competent person be present at all times to inspect and enforce workplace safety measures. This individual must also periodically evaluate the stability of the soil and determine whether it is stable enough for workers to dig a trench.
Additionally, the designated competent individual must specify which type of protective system is needed. When planning the job site, safe spots to route heavy equipment and locate spoil piles must be far enough away from any trenches to prevent a collapse.
When workers are in the trench
Constant site assessment is a priority of the competent person on each job site. Changing weather conditions during a shift can destabilize the soil in the trench and compromise workers’ safety.
In the event of a collapse, ladders and other escape equipment must be located within 25 feet of each trench on the job site at all times.
The shoring material must also be strong enough to prevent the walls from caving in on those working in the trench.
Injured workers have rights
All injured construction workers have certain rights, that, when properly exercised, can open the door to financial compensation from filed claims.
On Behalf of Simon & Gilman, LLP | Sep 7, 2018 | Firm News
The time comes in one’s life when a will is necessary. Don’t wait until this moment to run frantically to your attorney’s office to have this important legal document drafted. It will likely be too late. Let’s take a look at the milestones in life that should trigger a review of your will so that it is always updated for where you are in life right now.
Getting married is the first milestone many people hit in life that triggers them into getting a will in the first place. Maybe you declared life partnership with someone. Or, maybe you are domestic partners. Either way, it’s time to update your will if you have one or create one to protect yourself.
The next milestone would be the birth of your first child. A will and other estate planning documents should be updated with the birth of each child in your life. This ensures that each child has the same protections when it comes to guardianship and trusts.
No one likes to think about divorce but it is a time in life where your will must be updated. You likely won’t want to continue to name your former spouse as a beneficiary of your assets, which is why you need to update your will upon the finalization of your divorce.
If your spouse or child passes away before you, it’s time to review your will. Their names need to be removed and other changes will need to be made following their deaths.
The review of a will should not take too long. Your attorney will ask you a host of questions to gather the information that is needed to make the appropriate changes. If any of the milestones mentioned in this post happen to you then it is time to update your will.
How can motorists avoid colliding with pedestrians?
On Behalf of Simon & Gilman, LLP | Aug 31, 2018 | Firm News
Each year, thousands of pedestrians are struck by motorists as they attempt to walk to work, school, in parking lots or in other public spaces. Many suffer catastrophic injuries when a car crashes into them. Some die. Many could have avoided getting hurt had motorists been a bit safer.
Phones, food and passengers have a tendency to distract motorists when they should be focusing intently on their surroundings. Impaired or drowsy drivers lack the necessary motor skills to notice and respond to pedestrians that may enter their path. These are just some of the many reasons that the American Automobile Association (AAA) notes that motorists can avoid becoming involved in crashes if they simply remain alert and focused on the task at hand.
AAA also suggests that motorists can greatly reduce their chances of crashing into a pedestrian if they simply drive at the posted speed limit. They recommend reducing speed around schools and residential areas where children tend to congregate, when there’s inclement weather or when in heavy traffic.
Using turn signals and headlights can go a long way in helping pedestrians to see you as you approach. This is particularly important if you’re driving in a particularly poorly lit area where pedestrians may be hard to see as they prepare to cross on the side of the road.
Also, as you get closer to a crosswalk, you should always slow down. If you stop to let someone cross, then you’ll want to look to either side to make sure that no one else is preparing to cross. You’ll never want to try to rush past a crosswalk in hopes that you won’t have to wait for a pedestrian either. It’s just not worth the risk.
Crossing the street or jogging down it shouldn’t be a dangerous activity, but it often is. In serious injury cases, it can be helpful to have a Queens motor vehicle accidents attorney representing you that has helped other clients in similar situations get compensation in their own cases.
On Behalf of Simon & Gilman, LLP | Aug 24, 2018 | Firm News
Look at the front of any New York City newspaper and you’re bound to see a story about another construction worker or passerby who has been struck by some type of heavy equipment, debris or tool near a job site. Whether you’re in Brooklyn, Queens, Manhattan or any of the any of the boroughs, there’s construction everywhere. Safety violations are being handed out left and right. Innocent people often get hurt in the mix.
There are certain considerations both workers and pedestrians must take into account when meandering about or passing by construction sites. As people approach them, it’s important from them to closely observe what’s in front of them. This includes looking for potential construction debris or loads of building materials that may be suspended above their heads.
As a pedestrian approaches a construction site, it’s important for him or her to look around to see if there’s any equipment or machinery being moved around that may serve as a blind spot, tip over or crush them.
While most construction sites in New York are required to have safety personnel or spotters on hand to protect both workers and residents, many take chances and don’t hire them in hopes that they won’t get caught.
Another problem is training. Many workers hired to work on job sites lack proficiency in English necessary to communicate back and forth clearly. Many times, their employers don’t provide them with the necessary equipment to keep themselves and the work site safe. Even when they do, it’s often poorly maintained.
Medical costs and lost wages are just some of the many types of damages that those injured on construction sites can recover. You may be entitled to compensation for pain and suffering as well. A Queens personal injury attorney who is familiar with handling construction accidents can inform you of your rights if you’ve been hurt.
On Behalf of Simon & Gilman, LLP | Aug 17, 2018 | Firm News
As minors, our parents retain the decision-making power over choices regarding our health, but as soon as most of us turn 18, this ability goes out of the window. As adults, the decision becomes ours alone to decide whether we pursue certain treatment options and what ones those are unless we have a health care power of attorney (H-POA) drafted for us.
In case you’re unaware of what a H-POA is, it’s a legally binding document that you can draft with the help of an estate planning attorney to state who you’d like to make medical decisions on your behalf if you’re unable to do so yourself. Once appointed as your health care proxy, this individual can make medical decisions for you either on a limited or more broad scale, depending on how your H-POA is drafted.
Some issues that H-POAs commonly address include whether you’d want to be resuscitated if your heart stopped beating, whether you’d want to undergo certain surgical procedures, receive certain treatments or medications or be left on life support. Some people even include whether they’re okay with donating their organs to others, body to science or undergoing an autopsy once they die.
Depending on how your H-POA is written, the person you appoint as your proxy may be able to both access and authorize a disclosure of your medical records.
Proxies should be able to be trusted to make heavy decisions even when it may be difficult to do.
Over the course of your adult life, the person that wishes you had or person you appointed as proxy may change. This is why it’s important that you make sure that your H-POA is revocable. If you change your wishes or select a new proxy, then you’ll want to put this is writing. A Queens estate planning attorney may also suggest that you update these document when life changes occur.
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