Along with the many joys that the winter season brings us such as festivities with friends and family, travel and engaging in winter sports, the season comes with its own set of injuries that are common during the winter. While we don’t want to lock ourselves indoors until the spring greets us, it is best to be aware of the injuries we are more likely to face because of the nature of winter weather.

The most common winter accidents:

Falling on ice and snow.

On your own property, it is your responsibility to keep driveways clear of any ice or snow to avoid any injuries that are related to slip and falls. Keep in mind that if a slip and fall happens on your property, you can be held liable for damages.

If you slip and fall on or in front of someone else’s property, including that of a business, the owner may be liable if they did not properly and timely clear the area.

Muscle strain from shoveling snow or scraping ice off the car.

Unfortunately, while doing your best to maintain your property, you could suffer injuries from shoveling snow or scraping ice. We encourage taking preventive measures before an accident occurs. Before snow starts falling, consider salting your driveway to prevent a fall. Make sure that your muscles are warmed up by doing some light calisthenics inside to loosen up the muscles. Get the task out of the way earlier in the day before the snow begins to pile up. Finally, instead of lifting the snow to shovel it out of the way, push it. It takes less effort to get the same results and minimizes your chance of injury.

Driving and motor vehicle collisions.

The basic laws of science apply here – the more wet the roads are, the less friction there is between the road and your tires. Make sure that your car is well maintained to be able to meet the challenges that winter conditions present. Take extra caution while stopping, changing lanes or turning.

More people are on the roads during this time of year as well because they have time off or are visiting, so the roads will be more congested. In the event that an accident does occur, and you’ve been injured, go to an urgent care facility or hospital immediately. Afterwards, make sure to call a personal injury attorney to help you to cover your accident-related expenses.

Accidents while playing winter sports and activities

When going out to play, make sure that you have all the proper gear to make for a fun and safe experience.

If you go to a facility to partake in these sports, do your part to ensure your safety. If the area or equipment is faulty, the facility may be held liable. Make sure to get the immediate care you need first, and call a personal injury lawyer afterwards to do the heavy lifting for you.

Thanksgiving is around the corner and we’re all excited to spend time with our loved ones. While the family and feasting may be at the forefront of our minds, there are some accidents that are more likely to happen during this time of year. Let’s explore a few of the more common ones and how to address them if they do happen to you.

Burns

From candles to unattended ovens and Christmas lights, house fires are more common during the holiday season.

In recent years, serving up deep-fried turkeys has become increasingly popular. Although the end-product can be satisfying, these friers can put you and your family into dangerous situations. Deep friers hold gallons of oil. When there’s too much oil in the pot, it can explode, resulting in severe burns and even damage to surrounding property. Depending on how big the explosion is and how close it is to your home, it can start a house fire.

Some other threats posed by the use of deep friers include burns due to oil splashes. This can occur when water is introduced into the mix. For instance, if the turkey is not properly defrosted before being placed in the oil, splashes may occur, causing burns on any skin or property it may touch.

Lastly, if the deep frier is not properly secured, it can be knocked over and cause burns or a fire.

Car Accidents

During the holiday season, people are flying and driving in from across the world to see their family members. This translates to more people driving on our roads, sometimes unfamiliar with the flow of traffic or inclement weather like we have in New York. The National Highway Traffic Safety Administration has found the week of Thanksgiving to be the deadliest time of the year to drive. In 2012, it yielded the most fatal car crashes of all the holidays – 764 to be exact.

Food Poisoning

The last thing we want to think about during a Thanksgiving feast is food poisoning. Unfortunately, it is quite common, often due to undercooked turkey. In most cases, food poisoning resolves quickly but can cause serious health complications. If so, you may be entitled to compensation for medical bills. If you have been injured, call the Gropper Law Group at 212.366.4600 for legal assistance.

According to the Federal Motor Safety Administration, between 2014 and 2016, the United States had a total of 2,497 accidents involving a large truck while the vehicle was in transport. As we enter the holiday season, you may find yourself traveling on the highways in adverse weather to see family. This article will help you better understand why these accidents happen, what to do if you are involved in one and how to do your best to prevent them.

Common Causes of Semi-Truck Accidents

Truck accidents happen for a variety of reasons, most prominently:

• Driving under the influence:Although the blood alcohol level for the general population is .08% to qualify for a DUI, drivers who have a CDL have a more strict guideline. If their blood alcohol level is at a .04% when driving, they will be charged with a DUI. The holiday season makes both, car and truck drivers, more susceptible to consuming alcohol. If you are going to enjoy more than one drink, be sure to find a ride home!
• Distracted Driving:Distracted driving is an encompassing term that includes texting, taking a phone call, lighting a cigarette, moving something in the vehicle, changing the radio, daydreaming or anything that takes the driver’s focus off of the road. Both, the car driver and the truck driver can be susceptible to distracted driving. A second of taking eyes off the road can cause a catastrophe.
• Preventable Poor Timing:It’s the basic law of physics: the larger an object is, the more energy and time it takes for that object to stop. A large truck is defined as a vehicle that weighs 10,000 lbs or more while a large passenger vehicle weighs about 4,000 lbs. There’s a large disparity there. This is why we often see truck drivers keep a large gap between them and the car ahead. However, some passenger car drivers take advantage of that space to cut in. The truck then doesn’t have enough time to stop, causing an accident to occur.

What Should I Do If I am Involved in an Accident?

If you are involved in a truck accident in or near New York City, first call 911, then call us at 212.366.4600 to make sure you take the right steps to protect yourself. If you have been injured, you will want to have proper representation so that you can get the compensation you need and deserve.

How Do I Prevent An Accident?

There are some common guidelines to follow when driving near one of these large trucks. First, if you cannot see the driver’s face in their side view mirror, then they cannot see you because you are in their blindspot.

When you’re driving behind a truck, you want to stay at least 30 ft behind. If you’re driving in front, stay at least 20 ft in front to give the truck enough time to come to a complete stop if it is necessary.

When passing a truck, pass on their left side so that the truck driver is more likely to see you.

If you or anyone you know has been involved in an accident with a large truck and is in need of help, call the Gropper Law Group at 212.366.4600

Tragically, on average, in the U.S., a total of 723 children younger than 13 die due to motor vehicle accidents, which translates to about 60 children every week.

What can I do to keep my children safe while on the road?

First and foremost, make sure to be a responsible driver. Keep your eyes on the road, follow the speed limit, keep both hands on the steering wheel, don’t text and drive and don’t drive while under the influence. I’m sure we can all pledge to do these things.

Statistics show that in about 32% of the 723 children mentioned, the child fatalities were due to improper restraint of the children. About 14% of the total 732 fatalities were due to children sitting in the front seat.

To prevent this, it is imperative that you keep your children in proper restraints.

Let’s take a closer look at New York Car seat laws to provide the utmost safety to our kids:

While baby car seats come to mind first when we think of car seats, it is absolutely imperative that children 0-4 years old are riding in a car seat that is appropriate for their age. In addition, in order for these seats to be effective, the seat has to be properly anchored to the car and the child has to be properly strapped in. Not doing so could result in injury or death.

These may include booster seats that are anchored in by a seatbelt, harness vests or safety seats that are age and size appropriate. In some cases, child seats are adjustable so that as your child grows, you can simply adjust the car seat to properly support them.

However, everyone who is riding should be wearing a seatbelt. According to the CDC, wearing a seatbelt reduces the chance of fatality when in a traffic collision by 50%. This not only includes protection from the vehicle or vehicles involved in the accident but also from the impact of the airbags that deploy at speeds of up to 240 mph. In addition, anyone who is not over 4 foot 9 inches will not be appropriately protected by the seat belt. They should be using a booster seat that is properly anchored to the car for proper seat belt protection.

This recommendation comes from the concern of airbag related injuries. As previously stated, they deploy at 240 mph and may result in injury or death especially when coming into contact with a small child.

As parents, we want to do everything we can to protect our children from danger. First, we can start with preventative measures to be the most prepared for the unpredictable conditions on the road. Doing your part can prevent serious injury or death when collisions do occur.

If you were involved in a car accident, call The Gropper Law Group at 212.366.4600 for legal assistance to get the proper care and compensation your passengers deserve.

A car accident can be a stressful time, especially if you have been injured. When severe injuries are evident, an ambulance is called and you are taken to a hospital. But what about when unseen or unfelt injuries later require medical treatment?

Many people involved in an accident refuse medical attention at the scene because they do not feel pain at first. Adrenaline, the same hormone that enables moms to lift cars off their babies, courses through your veins when something shocking such as an accident occurs. It is the body’s way to mask pain so that you may continue to function.

Delayed Pain

If you are involved in a car accident in New York, chances are that the vehicles involved were moving at more than 8 miles per hour. An impact that occurs at a speed as low as 8 miles per hour can cause severe whiplash even if there is no vehicular damage. Imagine what happens to your body when you’re in a collision with another vehicle at higher speeds! Conditions, such as delayed onset of headaches or delayed onset of muscle soreness, often take up to 7 days to become apparent.

What should I do?

The best thing that you can do is to be proactive and seek medical attention immediately following the car accident. Even if it is a simple check-up, it will serve to document the event and show your concern. Get yourself checked out!

While it is always important to pay attention to your body, it is especially so after a traumatic event like an accident – even a small one! We also recommend keeping a record of any pains or restrictions in movement for days following your accident.

Also, to aid your recovery you will want to stay away from any strenuous activities such as working out, lifting heavy objects or otherwise putting any undue stress on your body.

Retaining an experienced New York personal injury attorney for your case during this time is important as they will guide you through all the necessary steps to protect all of your rights. It is important to stay consistent with your doctor’s appointments. Besides helping prevent your injuries from worsening, it will also help prevent an insurance adjuster from later devaluing your claim. Any gap between medical appointments may suggest to a third party that you were not indeed injured at the time of your accident and will be used as an excuse by them to not offer fair compensation for your pain and suffering.

What are some other things I can do following an accident?

At the time of the accident make sure to call the police and have them fill out a police report, even if people around you suggest that you should not. This is often a critical piece of documentation. Also, make sure to document everything that you can. Take down the names and contact information of any names and contact information of any eyewitnesses, even if they also talk with the police directly. Take plenty of photos of the scene of the accident and of any injuries you may have sustained, such as bruising. When taking the pictures, make sure to document everything from many different angles, including your surroundings such as street signs and stop lights. Make sure to save receipts from anything related to your accident such as doctor bills, pharmaceutical receipts and repair bills. Keep track of your out-of-pocket expenses such as copays, prescriptions, transportation expenses, the cost of household help and loss of earnings.

As a driver in a crowded place like New York, it is important to work with attorneys that understand all of the nuances of personal injury law.

If you or someone you know has been involved in an accident and needs legal counsel, do not hesitate to contact us at (212) 366-4600

Recreational boating accidents happen more often than you may imagine. In 2017, the U.S. Coast Guard counter 4,291 accidents that involved 658 deaths, 2,629 injuries and approximately $46 million dollars of damage to property as a result of recreational boating accidents.

Operator inattention, improper lookout, operator inexperience, machinery failure, and alcohol use rank as the top five primary contributing factors in boating accidents.

One critical factor is understanding which watercraft the law regards as recreational boats. These include:

• Jet skis
• Inflatable boats
• Pontoons
• Canoes
• Paddleboards
• Kayaks
• Yachts
• Sailboats

When an accident occurs, the first step is to identify who or what caused the accident. Did the accident occur due to the operator’s lack of experience or negligence? For example, were there other factors involved?

Another important consideration in any boating accident is whether or not the case will be subject to federal maritime law or state law.

While understanding the law and your rights is good, having an experienced personal injury attorney at your side from the beginning is crucial. In one boating accident case which we are currently handling, the insurance carrier persuaded our (then unrepresented) client to sign a release in exchange for a mere $6,000 which definitely did not fully and fairly compensate him for his hip surgery!

The attorneys for the boat operator attempted to get the case dismissed based upon the signed release but we were able to persuade the Court that the release was not binding under the circumstances.

We hope that your summer is eventful and injury-free. In case you are involved in a boating accident or know someone who is, save our number – 212.366.4600.

Summer time presents a beautiful opportunity to ride your motorcycle or take out your scooter and enjoy a few care free days. However, as more people are out and about, the chance of getting hurt from these summer activities also tends to increase. During this season, we receive an increasing number of calls from clients who sustain injuries on boats, motorcycles and scooters.

Our Summer edition on this topic will be divided into two parts. In the next part, we discuss personal injury law considerations for motorcycle operators and, in part II, we address personal injury law as it pertains to boating. Subscribe to our email newsletter to receive both parts.

When it comes to motorcycles and scooters, most people assume that these operators have the same rights and responsibilities as drivers of cars, and that the same laws and statutes apply.

However, there are important distinctions.

For instance, motorcyclists and scooter operators are not eligible for No-Fault benefits as part of their insurance coverage, which is mandatory for all cars. So, if you’re thinking on hopping on one of those, you’d better have private health care insurance!

Being outside the realm of No-Fault coverage has its advantages, however.

UnderInsurance Law Section 5102(d)– also known as the No-Fault law – in order to qualify for compensation, the occupant of a motor vehicle involved in an accident must have sustained a “serious injury” as defined by the statute or their case can be dismissed. Even if another party was clearly at fault and the claimant has full insurance coverage and has been injured, there is still a chance that the case will be dismissed, and they will not be compensated.

However, that same threshold does not apply to operators of motorcycles and scooters. Motorcycle operators are not required to prove evidence of a serious injury to win a personal injury case, making it easier for them to settle and win their cases.

Unfortunately, the number deaths and serious injuries that have resulted from motorcycle accidents in New York is growing. These are some recent statistics from the U.S. Department of Health and Human Services:

• On average there were 141 deaths each year due to motor vehicle traffic-related motorcyclist injuries, killing 0.7 of every 100,000 New Yorkers. The rates were highest for males and New Yorkers ages 20 – 44.
• The rate of deaths due to motor vehicle traffic-related motorcyclist injuries increased from 0.6 deaths per 100,000 New Yorkers in 2000 to 1.0 deaths per 100,000 in 2006. Since then, it decreased to 0.7 in 2012 and has remained at 0.7 through 2014.
• On average there were 1,558 hospitalizations each year due to motor vehicle traffic-related motorcyclist injuries, hospitalizing 7.9 of every 100,000 New Yorkers. The rates were highest for males and New Yorkers ages 15-19.
• The rate of hospitalizations due to motor vehicle traffic-related motorcyclist injuries has increased from 6.5 hospitalizations per 100,000 New Yorkers in 2000 to 9.1 in 2012. In 2014 the rate decreased to 7.2.
• On average there were 4,458 emergency department (ED) visits each year due to motor vehicle traffic-related motorcyclist injuries, treating 22.7 of every 100,000 New Yorkers. The rates were highest for males and New Yorkers ages 20-24.
• The rate of ED visits due to motor vehicle traffic-related motorcyclist injuries have remained consistent, increasing from 21.8 visits per 100,000 residents in 2005 to 23.0 in 2013. In 2014 the rate decreased to 22.1.

If you are injured in a motorcycle or scooter accident, it is imperative that after calling 911, you call an attorney experienced in the nuances of personal injury law.

Several years ago we had the highest reported verdict for a motorcycle accident in New York, $2.19M.

Save our number now in case you need it later:(212) 366-4600

Uber made national news in March after a pedestrian was struck and killed by a self-driving Uber vehicle in Tempe, AZ. Uber’s self-driving vehicle was a Volvo XC90 SUV and was equipped with an autonomous mode and sensor system. Since self-driving vehicles are in research and testing phases, there was a driver in the vehicle. However, the driver was not able to stop the vehicle to prevent the incident. The vehicle’s dash cam showed the pedestrian walking their bike across a street at night. The vehicle was traveling at 40-mph in a 45 –mph zone and did not slow down before striking the pedestrian.

Self-driving vehicles are said to be able to detect obstacles, including individuals crossing the road, by utilizing sensors placed around the vehicle. The sensors work by detecting obstacles and individuals up to hundreds of feet away and should work at night. Tragically, those sensors failed and investigations are underway to determine if Uber’s self-driving car was at fault for the accident.

This accident speaks to the fact that a stronger effort needs to be placed on companies creating self-driving vehicles. There are major logistics and accountability protocols that need to be discussed not just from a technological disposition but from a legal one, as well.

Self-driving vehicles will drastically change transportation and diminish many of the reasons individuals cause vehicle crashes. Computers don’t get distracted or drive drunk, and they can easily adapt to inclement weather changes such as snow, rain, and fog. However, as self-driving vehicles reshape the transportation landscape, many automotive manufacturers may not want to be held responsible for accidents. This brings up a major legal issue regarding liability.

Automotive manufacturers would be taking on substantial liability if the self-driving car they sell has a flaw in the software that leads to an accident. Computers may not get distracted or drunk, but software malfunction or even a hardware virus could lead to some precarious situations and accidents.

The future is still unclear for self-driving cars and even when they are adopted into the mainstream, legal issues will need to be thoroughly evaluated and considered. Additionally, traditional cars will still be mixed into the traffic.

The most imperative aspect we can communicate as legal professionals is that if you are involved in any type of automotive accident, take the time to find the right legal representation for you.

At Gropper Law Group, we have several years of helping clients with their injury claims that came as the result of an automotive accident. Call our office at 212-366-4600 for a consultation.

With the technological advent, almost everyone owns a smartphone, tablet, and/or a laptop. These devices have provided them various platforms to grow their social circle through the social media tools. For example, you will hardly find any person among your social group who does not have a Facebook, Instagram or a Twitter account.

These social media platforms have surely made this world a smaller place; people from one part of the world can seamlessly connect with the one residing in the other part, without any hassle or heavy costs. However, on the flip side, too much sharing on Facebook or on other social media platforms may do more harm to you than good. Since people tend to share what they are doing, where they are located, and what are their future plans; it paves way for privacy invasion. However, one of the biggest impacts it can have is that your personal injury case might suffer from it.

Now you must be wondering what has personal injury case to do with my Facebook posts or Tweets. Not many people are aware of the fact that the defense attorney can use the content, which you are writing or sharing on your social media feeds against you. Whether you are the grieving party or the defending one, the posts you are sharing on your social media timelines can impact your personal injury case up to a great extent. The attorney can use these posts in order to prove their point against you. For example, with those posts, they may be able to come to the conclusion that you are exaggerating the facts or faking the claim you have made. They can gather behavioral proofs against you through the posts and use them in the personal injury case to defy your claims. Consider this example, if you are posting depressing quotes on your timeline of Facebook or Twitter, the defense attorney, through these posts, may be able to make a claim that you are mentally disturbed; hence, exaggerating the facts.

The Largent vs. Reed case is an apt example of how social media posts can hurt your personal injury case. It was a case filed by a plaintiff who claimed that as a result of a motorcycle accident, she got chronic injuries and mental pain. However, the defense attorney brought in the notice of the court the social media posts she had shared about enjoying happy times with her family and going to the gym.

The moral of the story is that a simple share click on your timeline can have a grave impact on your personal injury case. For more information on how the use of social media can impact your case positively or negatively, you can contact the best Personal Injury Lawyer, NYC Gropper Lawyer Group. They are providing free case evaluation; simply visit their website and fill out the form for a free of cost evaluation of your case. You can also contact them if you have an ongoing personal injury case against you on the court; with their vast experience as personal injury lawyer, NYC, they can help to bail you out of the difficult times with their expert services.