NEW YORK — Workers with the Long Island Rail Road have finished track repairs near Jamaica Station after a train went off the tracks on Friday. A LIRR spokesperson said the repairs were completed over the weekend, but the derailment investigation is still ongoing.
The accident happened just east of Jamaica, New York on Friday night. According to officials, a pair of cars fell off the tracks while the train was going about 13-miles-per-hour. At the time of the accident, there were around 400 passengers on board.
This derailment is LIRR’s 12th accident this year, according to the Federal Railroad Administration. The records indicate the commuter rail system has experienced a total of five derailments in 2019.
What Passengers Should Do After A Derailment
Even low-speed derailments, such as the one that happened outside Jamaica Station this past weekend, can cause passengers and crew to suffer serious injuries. In many cases, it can take days for passengers to realize they even suffered an injury as it can take 48 hours or more for pain and other symptoms to manifest.
Train accident attorneys in New York say collisions and sudden jolts often cause injuries to the head, neck, and spine. All of which can be costly to treat.
According to a New York train accident lawyer, a variety of factors can cause a train to derail, and every possible piece of evidence should be examined to help injured passengers recover compensation after an accident. Pieces of evidence that should be considered include:
Flaws in the track
Mechanical malfunctions on the train
History of accidents along the tracks
Maintenance and repair records
Security camera evidence
If you or a loved one was recently involved in a train derailment or other train accident, an experienced train accident lawyer in New York can help you go over your legal options and make sure you’re fairly compensated for any injuries sustained as a result of the accident.
If you choose to contact Cellino & Barnes, we’ll put our best train derailment lawyers in NY on your case so you can be confident you’ll recover the maximum compensation you’re owed.
CONEWANGO, N.Y. — Police say a tractor-trailer crashed into the back-end of a Subaru Outback carrying seven people, including several young children who were taken to Brooks Memorial Hospital.
According to New York State Police, the crash happened around noon on Route 53 in Conewango Valley. The truck, driven by Dewane Pennhollow, 48, of Jamestown, slammed into the rear of a Subaru Outback, driven by Richard Bowen, 78, of Randolph.
Richard Bowen’s vehicle had six others inside; two children were sitting in the hatch back, three in the back seat and two up front, troopers told reporters on Saturday.
Two Amish children, ages 7 and 9, were taken to a Dunkirk hospital. A New York State Police Captain said the most severely injured child was a 10-year-old girl, who was flown to a Oishei’s Children’s Hospital in Buffalo with a broken leg and “possible internal injuries,” the Post-Journal reported.
CONEWANGO TRUCK CRASH INVESTIGATION
Images taken at the crash scene showed extensive damage to the rear of Richard Bowen’s Subaru Outback, and a tractor-trailer on its side. Police say Dewayne Pennhollow was operating it at the time of the crash.
No charges have been filed, and State Police say their Commercial Vehicle Enforcement Unit is fully inspecting the truck, and the investigation into what caused the truck to slam into Richard Bowen’s Subaru Outback is ongoing.
Legal Investigation May Be Necessary
Many of the medical services associated with a truck crash can be costly, and the injuries victims sustain can have a lasting impact on their life. Truck accident attorneys in Cattaraugus County say victims may need to open a personal injury claim to get fully compensated for their injuries.
This compensation could help them recover several costs associated with the accident, including:
Future Medical Care
Pain & Suffering
An experienced truck accident lawyer will be able to fully investigate the crash, and collect evidence that could help a victim maximize the amount they’re owed. This evidence could include:
Truck maintenance records
A truck operator’s driving record
Overall safety of the roadway
The safety of all vehicles involved
Dashcam video from the truck itself or other drivers in the area
If you or someone you know has been hurt in a truck crash, there are deadlines that must be met in order to get the best possible result from a claim. An experienced truck accident law firm in Cattaraugus County can make sure all deadlines are met and the necessary documentations are made to help your family get closure, and justice.
If you decide to contact Cellino & Barnes, our best truck accident attorney in New York will go over your case for FREE. Contact us anytime – day or night — if you have any insurance questions, accident questions, or questions about your legal options after any truck accident.
EAST COCALICO TWP., Penn. — Police in East Cocalico Township say a tractor-trailer didn’t stop for slowing traffic, causing a chain-reaction crash on Route 222 between Philadelphia and Harrisburg on Wednesday.
Crash Sends Three To Pennsylvania Hospitals
According to police, the truck ran into a Chevy sedan driven by Leisia Aungst, of Denver. The impact then sent Leisia Aungst and her vehicle crashing into a Hyundai driven by Emily Lockwood, of Spring City.
The truck then ricocheted off the vehicles, running into two other trucks being driven by Salvador Zarala, of Biglerville, and James Heidenthal, of Perth Amboy, New Jersey, police said.
Leisia Aungst and a passenger in her vehicle were taken to Lancaster General Hospital along with Emily Lockwood.
As a result, the Pennsylvania Department of Transportation closed several lanes of Route 222 for a few hours while police investigation the collisions. The crash remains under investigation, and charges are pending.
Investigating A Truck Crash
While police investigate what caused the pile-up on Route 222 in East Cocalico Township, the accident victims and their families may require an independent legal investigation to help them protect their rights.
A Pennsylvania truck accident lawyer says a legal investigation could help accident victims gather crucial pieces of evidence that can provide them closure, and potentially significant compensation for the injuries they suffered as the result of another driver’s negligence. Some pieces of evidence that must be looked at in any truck crash include:
Truck maintenance records
Overall safety of the roadway
Records of previous accidents involving the truck driver(s)
Dashcam video from the truck itself or other drivers in the area
If you or a family member has been injured in a Pennsylvania truck crash, you’ll want the best Pennsylvania truck accident lawyers handling your case, as soon as possible. There are many deadlines that must be met, and only a truck accident attorney in Pennsylvania can help you get the best result possible from a claim.
If you decide to contact Cellino & Barnes, we’ll put our best truck accident attorney in Pennsylvania on your case, and examine every piece of evidence that could help your case. Contact us anytime – day or night – for a FREE consultation.
NEW YORK — A pair of workers were killed in two separate accidents in Manhattan early this week as the city struggles to find safety solutions to help reduce work site injuries. The first occurred Monday morning when one worker was killed and another was seriously injured during a partial wall collapse on the Lower East Side. The second accident happened overnight when a DOT worker was struck and killed by a construction truck.
Lower East Side Wall Collapse
A partial wall collapse at a construction site on Norfolk Street in lower Manhattan killed one worker, and seriously injured another, firefighters said. FDNY said Stanislaw Supinski was pronounced dead as a result of the wall collapse. Stanislaw Supisnki was an immigrant from Poland living in Queens, CBSN reported. The building Stanislaw Supinski and his colleagues were working on was a former synagogue, being transformed into a mixed-use building, and the site previously had no safety violations.
The Department of Buildings has pledged ‘an aggressive investigation’ after this accident, but an independent legal investigation is also warranted given the severity of this accident. A New York construction lawyer says evidence must be collected to help victims of these tragic accidents.
Manhattan Repaving Accident
On the same night, another worker was struck and killed while repaving 88th Street in the Yorkville neighborhood of Manhattan. Police say Eduardo Calle-Abril, 44, of Queens, was struck by a construction truck near York Avenue at around 1 a.m.
Police said Eduardo Calle-Abril was accidentally run over by a 2005 DOT Mack truck being operated by a coworker. The New York Post spoke with Eduardo Calle-Abril’s younger sister, Andreina Cortez on Tuesday.
“The whole family is heartbroken right now,” Cortez told The Post.
A DOT spokesperson said the agency is investigating the accident, but again, New York construction lawyers insist an independent accident investigation could best help victims and their families gain closure.
Long Island Asphalt Truck Accident
On Tuesday, another worker was struck and killed by a large asphalt truck truck in the Long Island town of Freeport. Nassau authorities said Charles Grange, 39, of Massapequa was working on a road paving project around the corner of Guy Lombardo Avenue and Grant Street.
Coworkers said Charles Grange dropped a tool under the paving truck and was trying to retrieve it when the driver began moving the truck.
Nassau County Police said the accident is under investigation. Meanwhile, Long Island construction accident lawyers say an independent investigation into the accident may uncover potential safety violations or techniques that could’ve prevented such a tragic accident.
New York Construction Accident Lawyers: Legal Investigation
After any construction accident, a thorough legal investigation can help discover crucial pieces of evidence that will assist victims and their families. In many cases, these pieces of evidence can help strengthen a legal claim and greatly improve the outcome of a personal injury claim. Some pieces of evidence may include:
Truck maintenance records
Construction site safety records
Potential safety violations
Construction accidents in Manhattan are often heartbreaking and costly for hardworking families. In most cases, these victims and their families could be entitled to significant compensation, which can help pay for many costs associated with an injury or wrongful death.
If you or your family has been impacted by a construction accident, an experienced legal team can help you recover a financial settlement or verdict. If you choose Cellino & Barnes, we can put our best construction accident lawyer in Manhattan on your case so you can be confident you and your family will recover the best result possible.
After any construction accident, contact us online or call our legal team 24/7 for a FREE consultation.
DEERFIELD TWP., N.J. — New Jersey State Police say Hailey McMullen, 10, of Deerfield Township was ejected from a carnival ride and died at the Deerfield Township Harvest Festival Saturday evening.
Authorities say Hailey McMullen was on the spinning “Xtreme” carnival ride when she fell. Investigators are still unclear whether there was a malfunction with the lap bar or another problem with the ride or its operator contributed to the girl’s deadly fall.
Carnival Ride Investigation
In situations like this, finding clear answers quickly is crucial. The ride’s operating company, Skelly’s Amusements of Williamstown, was criticized for not immediately closing its rides during the the investigation. The company eventually closed all of its rides on Sunday.
A New Jersey carnival ride accident lawyer says more lives could be at risk when potentially dangerous rides remain open to the public. In this case, an exact cause of Hailey McMullen’s death still hasn’t been identified.
An amusement park safety analyst told CBS3 that “this ride is old. You never know what may happen.”
In addition to the ride’s age, safety experts expressed concern over the ride’s speed and possible lap bar malfunctions.
State officials have since launched a probe into the New Jersey amusement ride which is described as a ‘Wisdom Super Sizzler’ that has cars spin in the opposite direction as the ride rotates. Each passenger is held in place with a simple lap bar.
Amusement Ride Accident Lawyers
After any amusement ride tragedy, it’s critical to launch an independent investigation on behalf of the victim and their family members. This legal investigation is often conducted by an experienced amusement ride accident lawyer who can gather all relevant evidence that could help victims and their families after a tragic accident.
In addition, these investigations often uncover fatal malfunctions and identify processes that could help prevent similar accidents from happening again. A successful investigation and claim process can also help grieving families recover by providing a settlement or verdict that helps cover costs and damages related to a carnival ride accident, including:
Loss of future earnings
Pain & suffering
If your family has been impacted by a recent carnival ride accident, an experienced New Jersey amusement ride accident lawyer could help. If you choose to contact Cellino & Barnes, we’ll put our best carnival ride accident lawyers in New Jersey on your case, help you uncover the facts, gain closure, and get compensation for injuries or the loss of a loved one.
Call (800) 888-8888 or contact us online to get started on a free case evaluation and consultation.
ROCHESTER, N.Y.— As with the vehicles themselves, truck accident cases involve several moving parts. If you’ve been injured in an accident involving a commercial truck, it’s important to seek out the aid of a knowledgeable Rochester truck accident lawyer before you can bring forth a viable claim. If you’re exploring your options for restitution for a truck accident in Rochester, there are important facts about truck accidents you should know.
Differences Between Truck and Car Accidents
There are obvious physical differences between semi-trucks and cars which affect how accidents involving the two cases play out legally. One thing many people are unaware of is that federal truck regulations exist to ensure the safety of truckers and the drivers around them. Truck drivers must abide by these regulations at all times.
Limits on how many hours a truck driver can drive without taking a break
Requiring drivers to retain documentation about their driving history, including tracking their hours of service with electronic logging devices
Requiring drivers to drive with no more than a 0.04 BAC
Requiring drivers to submit to drug and alcohol testing before driving a commercial vehicle
Truck maintenance requirements
It’s crucial to fully investigate a truck accident to determine whether any of these rules and regulations have been broken. An experienced Rochester truck accident lawyer will be able to use this evidence in court to help maximize your claim.
Truck Accident Cases Maybe More Difficult to Litigate
Truck crashes don’t simply occur between the truck driver and the driver of the other car; rather, the truck driver works for a company that may also share liability in the accident. The company may either own the truck or could be leasing it from yet another company, which may also be held liable. Since so many people work to ensure the regulations are adhered to, there may be several parties to hold accountable for the other driver’s injuries.
Hiring a Knowledgeable Truck Accident Attorney
The route to litigation varies between truck crashes. A person who’s sustained a severe injury in a truck crash in Rochester should speak with a skilled lawyer about the accident before speaking with anyone representing the trucking company, the truck driver, or any insurer working on their behalf.
A lawyer will be able to find out who’s responsible for the crash and take measures to hold them accountable. By hiring experts like accident reconstructionists, mechanics, and even medical doctors, your lawyer can pinpoint the cause of the accident. A successful claim aims to get victims compensation for things like:
Lost wages at work
Future lost income due to injury
Future medical procedures
Pain & suffering
If you or a loved one has been injured by a large truck, call Cellino & Barnes now, or contact our Rochester truck accident lawyers online to discuss your accident case for free.
NEW YORK — A Thursday morning elevator accident in the Kips Bay neighborhood of Manhattan killed Samuel Waisbren, 30, and sparked calls for better elevator safety and maintenance.
According to WABC-TV, firefighters responded to a Kips Bay apartment building at 3rd Ave and East 25th Street around 8:30 Thursday morning. Firefighters said Samuel Waisbren was exiting the apartment building’s elevator when it suddenly dropped, crushing the occupant.
Two other occupants had already left the elevator when it malfunctioned, trapping Samuel Waisbren between the elevator car and the wall inside the elevator shaft. Police say the incident was captured on surveillance video.
The Department of Buildings is also investigating the malfunction.
What Causes An Elevator Malfunction in Manhattan
Elevator malfunctions are not uncommon occurrences in Manhattan and across New York City. Incidents like the one that happened at the apartment building on 3rd Ave and East 25th Street impact dozens of families every year in NYC. A New York personal injury lawyer at Cellino & Barnes says there have been at least 500 incidents of elevator malfunctions over the past decade. About 10-percent of these accidents result in serious injuries or death.
The top causes of elevator malfunctions include:
Faulty Wiring/Electrical Malfunctions
Elevator Shaft Left Open To The Public
A Manhattan elevator accident lawyer says overcrowding an elevator is typically not a contributing factor in an accident, as safeguards should be in place which would prevent an elevator from moving at all when there’s too much weight in the car.
What To Do If You Or A Family Member Has Been Injured Or Killed In An Elevator Accident
After any elevator accident, it’s crucial to gather as much information as possible. This typically involves hiring a personal injury attorney who’s experienced in handling elevator accident cases. The best elevator accident lawyers will fully investigate the accident, and gather the evidence your family needs to help you get the most from a claim.
This evidence may include:
Expert testimony from the area’s best elevator mechanics
If you or a family member has been hurt or killed in an elevator accident, an experienced personal injury lawyer in Manhattan can help identify those responsible for the accident, and hold them accountable.
If you choose to contact an elevator accident lawyer at Cellino & Barnes, we’ll provide you with a complete case evaluation for FREE. Call us or contact an attorney now to get started.
ROCHESTER, N.Y. — Those who’ve suffered due to a medical mistake often wonder why suing a doctor can be so difficult. A Rochester medical malpractice lawyer says proving negligence can be challenging since a bad medical outcome isn’t indicative of malpractice. Even more upsetting is when an error does happen, it still might not meet the criteria for negligence.
Why is suing for medical malpractice difficult? There are many reasons, scenarios, and even legal statutes that make this process feel nearly impossible. Before giving up hope, understand these factors and discuss them with an experienced medical malpractice attorney in Rochester to learn what options are available to you.
Factor #1: New York’s Narrow Deadline for Malpractice Suits
New York law gives victims of medical malpractice just two and a half years to pursue a lawsuit for injuries related to a doctor’s negligence. One can also file suit if the mistake happened while under their care and the deadline window doesn’t begin until that treatment has finished.
New York’s Discovery Rule
New York’s Discovery Rule offers limited provisions to accommodate a patient. If it’s discovered that a foreign object like a surgical instrument or gauze remained in a patient’s body, a malpractice suit must take place within one year of that discovery. The same applies to situations where facts become known that would lead to the discovery of the item left behind.
Factor #2: Does Your Experience Constitute Medical Negligence?
This factor is critical for medical malpractice suits because it’s necessary to show that a healthcare provider acted in a way that was unreasonable under the circumstances. This often requires the use of experts to testify under oath about the circumstances surrounding the physician’s actions. Obtaining testimony can be costly, but it’s usually necessary to prove negligence.
Factor #3: Were You Injured By Your Doctor’s Negligence?
Once a medical malpractice attorney in Rochester proves a physician acted negligently, the patient’s injuries must also be a result of that action. This is important because, as a patient, you already had a medical issue needing treatment prior to getting hurt. Your doctor’s mistake had to make your condition worse or created another health problem as a result.
This typically requires having an outside expert testify how your healthcare provider’s negligence harmed you.
Factor #4: The Burden of Proof is on the Patient
Another factor that makes medical malpractice suits so difficult to pursue is the burden of proof that the victim must bear. In these types of cases, it’s not the doctor’s responsibility to convince the court of their innocence. This requires plaintiffs and their legal teams to thoroughly investigate every aspect of the claim, gather evidence, get expert testimony, and depose any witnesses. The amount of time that evidence preparation can take varies from case to case and will require resources, patience, and clarity.
Seasoned New York Medical Malpractice Attorneys
It’s an arduous undertaking to sue a doctor for medical malpractice. Victims who pursue claims in court against healthcare providers that negligently hurt them may find the process to be emotional and exhausting. Scientific proof must support your case, and the costs associated with obtaining expert testimony often make malpractice cases cost-prohibitive.
However, many cases are worth pursuing, and an experienced medical malpractice attorney in Rochester can help you determine whether you should file a claim or not.
For more than 60 years, the attorneys with The Law Firm of Cellino & Barnes have represented thousands of New Yorkers who’ve suffered injuries due to trusted physicians making unreasonable mistakes. We fight tirelessly to secure your future treatment and finances so that you can move forward and focus on healing. Our membership with the Million Dollar Advocates Forum demonstrates we have the experience and track record to successfully bring medical negligence suits to trial. We do this without ever asking for a penny upfront. Learn more about how our malpractice legal team can help you by contacting us today.
NEW YORK — Before taking to the streets on your motorcycle for an afternoon cruise or commuting to the office this summer, you need to take time to invest in appropriate safety gear. According to a motorcycle accident lawyer in Manhattan, New York state demands that riders and their passengers wear helmets approved by the Federal Motor Vehicle Safety Standards.
Additionally, it’s required by the state to use goggles or helmets with face shields to protect the eyes from road debris that could potentially fly into a driver’s face. These standards set out federally and statewide require motorcyclists to do some research before choosing a helmet. Ultimately, it’s better to have a safe riding experience than suffer a catastrophic injury.
What to Consider When Buying a Motorcycle Helmet
Whether you’re a first-time rider or a seasoned road warrior, it’s important to remember all traffic safety laws regarding protective gear before purchasing a helmet. With the massive amount of options to choose from, how do you know what to pick? Consider some of the below features when shopping for the best head protection while on the road.
Weekend Cruises, Daily Commuting, and Racing
You should consider how you use your motorcycle the majority of the time when riding around the busy streets and rolling countrysides of New York. If you plan to use your bike only on the weekend for cruising or daily commutes in extensive traffic, higher-end headgear might offer the best comfort and minimal wind noise for extended rides.
Those with racing in mind should seek the best of the best when it comes to standards. Many tracks demand the more stringent Snell-rated safety gear for their track riders due to the type of high-impact crashes that could occur.
Common Motorcycle Helmet Materials
The level of safety you receive from a helmet will depend on several factors, but a motorcycle accident lawyer in Manhattan says the type of materials used to create it and how they function can play a significant role in the event of a crash.
Fiberglass composite which will absorb impact while flexing, crushing and splitting
Polycarbonate helmets will only flex when absorbing impact energy
EPS is a dense foam material that’s formed into a shock-absorbing inner shell
Carbon fiber materials are lightweight and distribute impact force
Another detail to consider: the material used in your helmet follows the safety rating associated with each type. Some are cheaper and handle impacts differently — and less efficiently.
Understanding Helmet Safety Ratings
As mentioned earlier, New York adopted the standards set out by the Federal Motor Vehicle Safety Standards. This isn’t the only guideline that some motorcycle helmet manufacturers follow, so it’s essential to understand the difference to avoid buying headgear that doesn’t adhere to required state law.
DOT Standard – This is a minimum level of standards for protective helmets set out by the United States Department of Transportation.
05 – This safety rating follows guidelines and requirements determined by the U.N. Economic Commission for Europe.
Snell (M2015) – Racing standards for motorcycle helmets created by a non-profit founded in honor of sports car racer Pete Snell (who died from head injuries).
With technological advancements in the types of materials and safety features now available for motorcycle helmets, NYC riders have plenty of options to choose from that will meet the mandatory helmet laws of the state.
Dedicated New York Motorcycle Accident Attorneys
Enjoying the open roads and highways of New York is a dream for many motorcyclists living in the Big Apple. Sadly, this often ends in tragedy due to other drivers on the road, faulty equipment, and other unavoidable factors which can cause devastating accidents.
At the law firm of Cellino & Barnes, we represent injured motorcyclists and their families whose lives are in turmoil due to collisions. Our motorcycle accident lawyers in Manhattan have fought on behalf of such families for more than 60 years, to get the compensation they desperately need to continue receiving necessary care and move on with their lives. As recognized Super Lawyers, you can trust our commitment to your rights and future when trying to recover damages for your case. Contact us today to have your case evaluated and learn the next best steps for your situation.
NEW YORK — An 18th bicyclist has been struck and killed in New York City traffic this year. Police say Em Samolewicz, 30, was riding on a Brooklyn avenue when she was run over by a tractor trailer.
According to police, Em Samolewicz was attempting to avoid an open door of a parked car on Third Avenue in Sunset Park. In the process of trying to avoid getting doored, she was hit by the tractor trailer near the intersection of 36th Street.
Em Samolewicz is the 18th bicyclist to be killed on NYC streets this year, and the city is on pace to double the number of fatal bicycle accidents recorded last year. Most of these accidents have happened in Brooklyn.
Third Avenue Criticized
New York Mayor Bill de Blasio has said the city must take actions to better prevent bicycle accidents. Last week, the mayor pledged to install 150 miles of protected bike lanes in the city, and install other bike-friendly policies. However, some safety advocates say the plan lacks urgency – and while it could save lives tomorrow, it doesn’t address the crisis today.
For example, cycling advocates say Third Avenue, where Em Samolewicz was killed, is one of the most dangerous roads for bicycles. Samolewicz was the second death to happen on Third Ave this year, and the first happened under similar circumstances when a cyclist was doored by a parked car.
A New York bicycle accident lawyer says Third Ave has eight lanes for motor vehicles and none for bicycles, making it one of the most dangerous streets in the city for cyclists.
What To Do After An Accident
While fatal accidents are on pace to more than double last year’s count, injuries are rising at a similar pace in New York City. Dozens of cyclists have already been rushed to hospitals this year as a result of someone else’s negligence. After any type of bicycle accident, it’s crucial to file a personal injury claim that can help make sure your medical costs, lost wages, and other expenses are covered.
An experienced bicycle accident lawyer in Brooklyn will fully investigate an accident and identify the pieces of evidence that can help maximize your claim. Some of these factors include:
Dashcam video from the truck itself or other drivers in the area
Truck maintenance records
How long the driver was on the road
Overall road safety
Truck driver safety records
If you or your family has been negatively impacted by a bicycle accident in New York City, you may want to contact a bicycle accident lawyer in Brooklyn for your case.
If you decide to contact Cellino & Barnes, we’ll put our best Brooklyn bicycle accident lawyer on your case so you can be confident your family will recover the best possible result. Call us or contact us online for FREE consultation.
Cellino & Barnes (800) 888-8888
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