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  • How State Law Addresses The Dangers of NY Texting and Driving

    Due to the rising popularity of smartphones, it is not uncommon to spot drivers texting… Federal studies have shown that 11% of drivers aged 18-20 who were involved in a car accident and survived said they were sending or receiving texts when they crashed.

    About NY Texting and Driving Laws

    In the state of New York, all drivers are prohibited from using portable electronic devices…

    Using a hands-free mobile telephone. Using devices affixed to a vehicle surface. Using an attached GPS device. Placing an emergency phone call… When operating an emergency vehicle…

    New York’s legislature made changes…

    For first-time offenders: $50-$150 For a second offense: $50-200 For a third offense: $50-$400

    The state has also placed penalties on younger drivers…

    For first-time offenders: Mandatory 60-day suspension Second conviction: 60+ day revocation

    Additional restrictions were placed on commercial drivers…

    How Our NY Car Accident Lawyers Can Help

    Although the state of New York has taken a serious stance against texting and driving…

    Contact Robert A. Flaster P.C. today…

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  • Tips For Handling Winter Weather and Driving Conditions to Avoid NY Car Accidents

    Although the holiday season is coming to a close, the winter weather season has just begun. Unfortunately for car drivers, a simple storm involving snow, rain or sleet can severely impact weather and driving conditions and lead to possible NY car accidents. Although many drivers recognize the dangers associated with inclement weather and driving conditions, negligent driving can still occur in the presence of dangerous weather elements. In fact, recent studies by the Federal Highway Administration have found that almost a quarter of all car accidents annually—a figure that amounts to about 1.5 million crashes per year—occur as a result of inclement weather and driving conditions. If you or someone you know was involved in a NY car accident involving negligent driving and inclement winter weather and driving conditions, contact the experienced NYC car accident lawyers at Robert A. Flaster P.C. to set up an appointment immediately to see whether you have a possible NY car accident claim.

    How to Avoid Negligent Driving During Winter Weather and Driving Conditions

    Winter is perhaps one of the worst times of the year for weather-related NY car accidents. Although the vast majority of weather-related car accidents nationwide result from wet pavement and rain-related conditions, a sizable amount of accidents are directly tied to wintry conditions. In fact, almost 40 percent of all weather-related car accidents combined involved snow, sleet, icy pavement or snowy & slushy pavement. Even when the weather and driving conditions outside are less than desirable, many drivers negligently fail to take the precautions necessary to protect themselves and surrounding cars from potential NY car accidents resulting from winter weather and driving conditions.

    Although it is highly recommended that you avoid driving in winter weather and driving conditions, you can greatly decrease your likelihood of ending up in a weather-related NY car accident by taking any or all of the following precautions:

    Keep your car headlights on at all times while driving so that other drivers can see you on the road. Brake gently to avoid skidding, or ease on your brakes if car starts skidding. Do not pass snow plows or sand trucks on the road, since drivers of these vehicles have limited visibility from their seats. Do not use cruise control or overdrive on snowy roads. Do not speed on snowy or icy roads, as this could lead to a potentially dangerous NY car accident Avoid driving in the snow while fatigued. If you feel tired, take a nap before your trip and drive once you feel well-rested. Never drink and drive in snowy or icy conditions, as this could lead to dangerous and possibly fatal consequences. If you need to drive in snowy or icy conditions, make sure that you feel well-rested or sober beforehand.

    If you feel that you were involved in a NY car accident resulting from negligent driving in dangerous weather and driving conditions, it is important to consult an experienced NYC car accidents lawyer regarding all of the possible legal issues associated with your case.

    How Our NYC Car Accident Lawyers Can Help with NY Car Accident Cases

    NY car accident cases stemming from negligent driving and inclement weather and driving conditions can present a number of complex legal issues that require the assistance of a NY car accidents lawyer. If you sustained serious injuries in a car accident as a result of negligent driving in inclement weather and driving conditions, click here to contact the experienced NYC car accident lawyers at Robert A. Flaster P.C. Our NYC car accident lawyers are experts in negligent driving cases related to winter weather and driving conditions, and will meet with you to discuss your case and research relevant laws and case history to see whether you have a possible claim. If we find that you do have a possible claim, our NYC car accident lawyers will also help develop a legal strategy that will help you get the compensation you deserve.

    Contact Robert A. Flaster P.C. today to set up an initial consultation with one of our experienced NYC car accident lawyers, and let us help you take the first step toward getting the justice you deserve.

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  • How New York Scaffold Safety Law Debate Will Affect Clients of NY Injury Lawyers

    A few months ago, the New York Times posted an article about New York’s longstanding Scaffold Law. Enacted in the 1880s to safeguard construction site workers from injuries during the advent of skyscraper construction, NY’s scaffold safety law places the burden of responsibility on contractors and construction companies to ensure that scaffolds, hoists and other aboveground building construction devices be provided to give proper protection to aboveground building construction workers. The law, which has been in place in some form despite continuous attempts to repeal it, has created a sharp divide between contractors & property owners who say the law hampers the growth and development of the construction industry, and construction workers & unions who claim the law as it stands is important to protect workers’ rights and prevent construction employees from being hurt on the job. If you were injured in a scaffold safety incident on a New York construction site, the New York construction accident lawyers of Robert A. Flaster P.C. can help determine how New York’s scaffold safety legislation and recent proposed amendments can affect the viability of your NY scaffold safety claim.

    Scaffold Safety and the NY Scaffold Law Debate

    Although New York’s Scaffold Law well over 120 years old, the issue of scaffold safety is a timeless problem in the construction industry. According to the Occupational Safety Hazard Administration (OSHA), scaffold safety issues are ranked as the third most prevalent construction site safety issue after fall protection problems and hazard communication issues. In fact, fall-related accidents from scaffolding and related construction site safety issues are considered the deadliest of the OSHA’s Big Four causes of construction site fatalities.

    Although New York’s Scaffold Law is designed to protect construction workers by holding contractors and construction companies liable for any lapses in adequate scaffold safety protection for aboveground building construction workers, contractors argue that the law is prejudicial and can hamper state economic and construction growth due to skyrocketing insurance premiums. Under N.Y. Labor Law § 240, an owner or general contractor is held liable for any injuries resulting from unsafely-constructed or designed scaffolding, or from failure to provide adequate safety equipment–even if a different contractor is at fault. Under § 240, an injured worker in these situations does not need to prove that the owner or general contractor was acting negligently to demonstrate their liability.

    A proposed amendment to the NY Scaffold Law proposed earlier in the year suggests an approach based more on comparative negligence. Under the new amendment, if a jury or arbiter determines that both a plaintiff-employee and defendant-contractor played a role in causing the plaintiff’s injuries, that jury or arbiter can apportion damages based on the level of each party’s responsibility if the plaintiff was found to have been negligent in his work duties or found guilty for not properly following work safety procedures. This amendment, if passed, adds an additional burden of proof on construction site employees to prove that they did not play a role whatsoever in facilitating their injuries through their own negligent or careless conduct on the job. Therefore, if you or someone you know was involved in a NY scaffold safety case, it is vital to consult with experienced NY injury lawyer to determine whether or not you have a possible scaffold safety claim.

    How Our NYC Scaffold Safety Lawyers and NY Injury Lawyers Can Help

    If you or someone you know sustained serious injuries or death from a NYC scaffold safety construction accident case, contact the New York construction accident lawyers and NYC scaffold safety lawyers at Robert A. Flaster P.C. Our experienced NY injury lawyers and New York scaffold safety lawyers are very experienced in the area of New York scaffold safety laws, and will research the facts of your case and relevant laws to determine whether you have a potential NY scaffold safety claim. If we do find you have a possible NYC scaffold safety claim, our New York construction accident lawyers and New York scaffold safety lawyers will work with you to craft a legal strategy that will give your claim the strongest chance for succeeding in court.

    Contact Robert A. Flaster P.C. today to set up an initial consultation with our New York construction accident lawyers and NYC scaffold safety attorneys, and let us help you take the first step toward determining whether you have a possible NY scaffold safety claim.

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  • New York Crane Safety Tips to Avoid Occupational injuries

    Given New York City steady construction activity, cranes have become a common sight on NYC’s visual landscape. In fact, according to U.S. Census records from 2012, nearly 27,000 new building permits were issued for new construction projects in the New York City metro area! Unfortunately, cranes are among the riskiest pieces of construction industry machinery to operate, and can cause serious NY construction accidents if not used properly. In mid-December 2013, a crane in Mineola, NY toppled onto a nearby building due to an inadequate support bed. Although no injuries resulted from the accident, this NY crane accident underscores the underlying risks crane operators and coworkers face every day on construction worksites. If you or someone you know suffered occupational injuries or was hurt on the job as a result of a crane accident, contact the best NY injury lawyers of Robert A. Flaster P.C. to help determine wheth-er you have a possible crane safety claim.

    New York Crane Safety Tips to Avoid Worksite Occupational Injuries

    Before you operate a crane for your current or future projects, it is important to review important New York crane safety tips to help you avoid occupational injuries resulting from crane safety issues. Because cranes are complex to operate, following these New York crane safety tips will not only help you avoid possible occupational injuries, but will also help you protect others from suffering occupational injuries as well.

    Regularly read your crane manual or rules on a weekly or monthly basis to refresh your memory about crane safety techniques and complex operational maneuvers. Make sure to use the correct sling when lifting a load, as failing to do so could lead to insecurely-fastened loads and cause serious or even lethal occupational injuries. Check your crane hook to make sure it is operational and functional. If not, discard it and replace it with a more functional hook immediately to avoid possible occupational injuries. When doing welding-related activities, never expose your chain to sources of heat. This could weaken the strength of your chain and security of your load, leading to serious and even lethal occupational in-juries. Never lift people with a hoist, as this could greatly increase the risk of inflicting occupational injuries. Instead, lift only objects or loads that your crane is designed to handle. Never get help to lift something with a chain block attached. If the chain block cannot handle the load its trying to lift, do not attempt to lift it. Never leave a suspended load unattended or in limbo, as this is your responsibility.
    How Our NY Injury Lawyers Can Help With Your Occupational Injuries Claim

    If you or someone you know sustained serious occupational injuries or death from a NYC crane accident case, contact the NY injury lawyers at Robert A. Flaster P.C. Our experienced NY injury lawyers are very experienced in the area of New York crane safety tips and NY crane safety law, and will research the facts of your case and relevant laws to determine whether you have a potential NY crane safety claim based on your occupational injuries. If we do find you have a possible NYC crane safety claim, our NY injury lawyers will work with you to craft a legal strategy that will give your claim the strongest chance for succeeding in court.

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