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Warning: New York Cracks down on Texting and Driving

Personal Injury Lawyers, Suffolk County, Long Island, NY

Recently, Governor Cuomo announced the state would be cracking down on New Yorkers driving and texting.  The new regulations have increased the penalty from three to five points off your driver’s license if you are caught and ticketed.

But the governor didn’t stop there.  He is proposing new legislation that would impose harsher penalties (especially for younger drivers) for texting and driving, including: The same penalties that junior and probationary drivers receive for speeding and reckless driving; 60-day suspensions for first convictions; revocations of 60 days (for junior licenses) or six months (for probationary licenses) for subsequent convictions within six months of the time a license is restored after suspension.

Texting and driving—the statistics

Even though it is well known that texting and driving is dangerous, people continue to do it.  In fact, according to Textinganddrivingsafety.com  the statistics don’t lie and they reveal that texting while driving:

  • Causes 1,600,000 accidents per year
  • Results in 330,000 injuries per year
  • Causes 11 teen deaths every day
  • Is responsible for almost 25% of all car accidents
  • Is six times more likely to cause an accident than drunk driving
  • Is equivalent to driving after four beers
  • Read More

The statistics do not lie—texting and driving have become a major factor in auto accidents and fatalities in New York and throughout the country.  If you were injured by a dangerous driver who was texting, you need to seek legal advice immediately.  Contact us online or call our Suffolk County law firm at (631) 451-7900 or toll free at (888) 545-2993 to arrange a free consultation today.

Dispelling the Mystery of Why an Accident Happened

Author: Rosenberg & Gluck, LLP
“Personal Injury is All We Do”

The confusion in some car accidents can be overwhelming. Aside from the physical trauma involved with the collision, the underlying mystery of why an accident occurred can linger, perpetuating the accident trauma that everyone just wants to forget.

In a recent accident, Kerry Kennedy, daughter of the late Robert Kennedy and ex-wife of New York Governor Andrew Cuomo crashed her SUV into the back of a tractor-hauling trailer, driven by Rocco Scuiletti. Both vehicles left the scene of the accident without reporting it.

A New York Times article (http://www.nytimes.com/2012/07/18/nyregion/kerry-kennedy-says-accident-was-caused-by-seizure-not-drugs.html) quoted Kerry Kennedy as saying that she remembered getting onto the highway and had no further memory until she was stopped by a police officer at a traffic light. She was found slumped over the driving wheel and was subsequently medically examined for drugs. Read More

If you or a loved one has been seriously injured in a car accident, find out how a Long Island car accident lawyer can help. Protect your rights, unravel the mysteries of the accident, and put it behind you.

Assignment of Fault is Clear-cut in Certain Car Accidents

Author: Rosenberg & Gluck, LLP
“Personal Injury is All We Do”

In a news conscious world, we read or hear about car accidents every day. Recently, a head-on collision took the life of a driver going the wrong way with his lights off on the Long Island Expressway around 4:00 AM. ESPN reported that Bronx Promoter, Joe DeGuardia considered himself incredibly lucky to survive the accident. Both cars were totaled and landed about 150 feet from the spot where they collided. However, his brand-new Mercedes’ airbag deployed and he was able to walk away from the wreck.

Another man, also a Long Island driver but in a different accident was not as fortunate. The Fairfax Times reported that a pickup truck crossed the median into oncoming traffic, hitting his car straight on. This driver whose car was hit, Douglas F. Schneiderman, died at the scene and his wife and 16-year old daughter along with the driver who crossed the median suffered serious injuries and were all hospitalized.

If you or a loved one has been seriously injured in a car accident, find out how a Long Island car accident lawyer can help.

Medical Malpractice Caps Do Not Reduce Medical Costs, as Per Study

Author: Sackstein Sackstein & Lee, LLP
“Our Family Serving Yours for Over 60 Years”

A common tactic used by tort reform proponents is claiming that medical malpractice lawsuits drive up medical costs. This claim is also an attempt to discourage medical malpractice victims from seeking compensation for injuries sustained through medical errors. Such proponents have lobbied for liability caps on recoverable compensation, asserting that caps will reduce medical costs. Texas was one state that responded in 2003 by imposing $250,000 non-economic damages caps on medical malpractice recoveries. These were some of the strictest caps in the nation.

However, a recent report on a study conducted by a non-profit consumer rights group called Public Citizen revealed that since the caps were implemented:

Texas Medicare costs surpassed the national average
Texas health insurance premiums rose faster than the national average
Percentages of uninsured Texas residents rose
Growth of Texas physicians slowed
Texas doctors face less accountability for errors
Insurance company profits are rising

Medical costs in Texas did not decline, but instead increased, which indicates results of such tort reform did not obtain intended objectives.

While discussed and at various points proposed, New York has yet to cap medical malpractice liability.

The bottom line is that the medical profession must be held accountable for injury that patients sustain based on a failure to meet acceptable medical standards.

If you or a loved one suffers injury caused by medical malpractice, consult an experienced New York medical malpractice attorney.

Durable Power of Attorney – Serious Personal Injury – Are You Prepared for the Unexpected?

Author: Rosenberg & Gluck

At Rosenberg & Gluck, where our attorneys focus on helping clients who suffer serious personal injuries, our cases frequently underscore the importance of powers of attorney. Too often, we see cases involving catastrophic injuries; individuals become disabled, suffer brain trauma or may be in a coma after an accident and are not able to execute documents on their own behalf. In such circumstances, the spouse or other family member has to go to the Surrogate Court to seek appointment as a guardian, with the power to manage affairs and make medical decisions for the incapacitated individual.

A Power of Attorney (POA) is a legal document that conveys authority to another to act on your behalf concerning medical, financial and other matters. A general power of attorney becomes null and void when the person giving the power becomes incapacitated. That means if someone experiences dementia, brain damage or is otherwise incapable of communicating the person who received the power of attorney no longer has authority to act on behalf of the incapacitated individual. A Durable Power of Attorney, however, remains in effect in spite of a subsequent disability.

While a Durable Power of Attorney can benefit anyone who finds himself unexpectedly incapacitated, the legal document is also a “must have” for the elderly. Once an elderly person starts to lose mental capacity, it is too late to establish a power of attorney. With a POA in place, if the nursing home resident, for example, has an injury, develops bedsores or is a victim of other negligence, the person who has the POA can hire an attorney without having to go through a long process of getting a Guardian appointed under New York’s Mental Hygiene Law.

Chances are, if you have prepared a last will and testament or estate plan, your attorney will have recommended a power of attorney to ensure that you have covered the possibility that you may need someone to act on your behalf, at some point in the future. If you, an aging parent or someone you care about does not have a durable power of attorney, we encourage you to prepare for life’s unexpected turns.

The New York law firm of Rosenberg & Gluck is located on Long Island. When you need trusted legal advice and guidance concerning a serious personal injury, call our office at 631-451-7900 or toll free at 1-888-LI-LAWYER (1-888-545-2993). We will be glad to arrange a no cost, no obligation case evaluation