These Fall Events May Result in DUI Car Crashes

Fall is a magical time. The changing colors and weather, and the series of holidays and sporting events set the scene for great family memories. However, fall also comes with a significant danger of potentially devastating car crashes. Here are a few of the most dangerous fall events to be cautious of, so that you can keep your family safe.

Halloween

Halloween parties are a great way to relax and create memories with your friends and co-workers. But just like any party, Halloween parties create ample opportunity for the overconsumption of alcohol.

Thanksgiving

While you’re enjoying Thanksgiving dinner with your family, you’ll probably have a couple of glasses of wine or beer. After dinner, stick to watching the football game instead of getting behind the wheel. From 2014 to 2018, nearly half of fatal accidents on Thanksgiving were because of impaired driving.

College football games

Alcohol is one of the most iconic features of the football game experience. When leaving the stadium afterwards, be especially wary of the thousands of people around you who might be driving after drinking without a designated driver.

Deer season

The Insurance Institute for Highway Safety reports that car crashes involving deer are more than twice as common in the month of November than in the rest of the year. Avoiding a deer while driving highway speeds is hard enough when sober. Driving while intoxicated adds to the danger considerably.

Enjoy this fall, but make sure to say safe as well. After a festive event filled with alcohol consumption, don’t run the risk of a DUI or of being severely injured in a car crash. It’s simply not worth it. Even if you don’t drive after drinking, make sure to keep an eye out for others who do.

Thanksgiving Weekend Can Be Deadly For Drivers

For many people, the holiday season represents time spent away from work, time spent with the family and time spent with close friends. Unfortunately, the combination of these factors can lead to dangerous situations on the road.

Many people see the Wednesday before Thanksgiving, often referred to as “Blackout Wednesday,” as a way to take advantage of the upcoming day off and get together with friends and family who are in town for the holiday weekend. Unfortunately, this often leads to overindulgence which can result in impaired driving – whether from drugs, alcohol or fatigue. This has become such a phenomenon that the United States Department of Transportation (DOT) has released figures to warn drivers of the potential danger.

In a study spanning from 2015 to 2019, the DOT noted that 135 drivers were involved in alcohol-related fatal crashes on Blackout Wednesday and nearly 800 people were killed in alcohol-related collisions over the Thanksgiving holiday weekend.

Why does this happen?

Thanksgiving weekend represents a joyous time of the year. It is a long weekend that essentially starts as soon as you leave work on Wednesday. This can lead to dangerous road conditions for numerous reasons, including:

Distracted driving as people are calling, texting and checking email attempting to finalize plans for the evening.
Drunk or drugged driving as individuals leave a party to go home or head to another gathering.
Poor weather conditions as the end of November can be a treacherous time for snow, sleet or hail in Buffalo.
Crowded roadways as out of town visitors, vacationers, off-work employees and on-break students are all driving from place to place at the same time.
Fatigued driving as people get behind the wheel when they are drowsy.

Any of these factors can result in severe collisions on busy city streets or fast-moving highways. When more than one factor is combined, however, the collision can often turn deadly.

Additionally, law enforcement tends to be hyper-vigilant during this and other holiday weekends. In certain circumstances, they might see impairment where none exists. In these situations, it is crucial that a driver takes the time to secure his or her legal rights to reduce or eliminate the severe criminal penalties for a DUI conviction. On the other side, if you or a family member were a victim of a accident that resulted from driving under the influence, you should explore your legal options to pursue compensation for the injuries that were inflicted.

Criminal Charges Dropped in New York Animal Seizure Case

Two years ago, a New York man’s pet ownership came into question when criminal charges were filed against him because of the animals he kept in his home. State laws allow residents to possess certain household pets. However, in this case, involvement with the Department of Environmental Conservation (DEC) led to court.

In August 2018, officials removed nearly 300 reptiles from the man’s Allegany home. Reports suggest this included multiple species of turtles, including two endangered box turtles, six venomous Gila monsters and three poisonous king cobras.

Numerous counts of illegal activity

Reportedly the biggest animal seizure case in state history, this situation resulted in:

Three felony charges of first-degree reckless endangerment from the snakes’ potential for personal injuries
Six misdemeanor charges of second-degree reckless endangerment from the grave risk associated with the Gila monsters
37 counts of unlawful possession of wildlife

Nearly two years after the removal of unapproved reptiles from the animal owner’s residence came his scheduled indictment. However, the district attorney’s office delayed action beyond the permissible timeline.

Legal procedures can make or break a case

Due to the DA’s lack of timely trial preparation established by Criminal Procedure Law, the pet owner’s attorney, Peter M. Kooshoian, filed a motion to dismiss the case. The judge’s granting of this motion was not only a win for Rosenthal, Kooshoian & Lennon, LLP but also the accused individual.

No matter the circumstances, a speedy trial is an American right worthy of protection. This case is an example of how the law can serve justice for the accused.

Common Causes of Construction Site Accidents in New York

Construction sites in New York are bustling with activity. With so much happening, accidents can occur. Understanding the common causes of construction site accidents can help workers stay safe and aware.

Falls from heights

Falls are a leading cause of construction site accidents. Workers often perform tasks on scaffolding, ladders, and rooftops. Without proper safety measures, the risk of falling increases. Using harnesses and guardrails can help prevent these dangerous falls.

Falling objects

Construction sites frequently involve heavy machinery and materials. Tools, debris, and equipment can fall from above, posing a serious hazard to workers below. Wearing hard hats and securing loose items can reduce the risk of injury from falling objects.

Equipment accidents

Operating heavy machinery, such as cranes, forklifts, and bulldozers, comes with inherent risks. Malfunctions, operator errors, and lack of training can lead to accidents. Ensuring proper maintenance and thorough training can help prevent equipment-related incidents.

Electrical hazards

Electrical accidents are common on construction sites. Exposed wires, faulty equipment, and improper use of tools can lead to shocks and electrocutions. Adhering to safety protocols and regular inspections can mitigate these risks.

Slips, trips, and falls

Uneven surfaces, wet floors, and cluttered pathways contribute to slips, trips, and falls. Keeping work areas clean and well-organized, along with using slip-resistant footwear, can minimize these accidents.

Staying safe on New York construction sites

Understanding the common causes of construction site accidents in New York can help workers stay vigilant and proactive. Stay aware and prioritize safety to prevent accidents on construction sites.

How To Prove Negligence in a New York Construction Accident Case

If you become injured on a construction site, demonstrating another party’s negligence is an important part of securing compensation. However, proving negligence in a New York construction accident case requires meeting specific legal standards.

New York law provides protections for workers, but it is necessary to establish that negligence directly caused the injury.

Establishing duty of care

The first step in proving negligence involves showing that the defendant owed a duty of care. In a construction setting, employers, contractors and property owners have a duty to maintain a safe environment. This duty includes following safety regulations, maintaining equipment and properly training workers. You must demonstrate that the defendant had such an obligation on the construction site.

Breach of duty

After establishing a duty of care, the next step is to prove that the defendant breached this duty. A breach occurs when someone fails to take reasonable action to uphold the duty of care. For example, a contractor may breach their duty by ignoring safety protocols, using defective equipment or failing to provide necessary safety gear. You must present evidence that the defendant’s actions or inactions did not meet the standard of care required.

Causation

If you suffered an injury in a construction accident, it is your responsibility to show that another party’s breach of duty directly caused the injury. This requires linking the defendant’s negligence to the accident. For instance, if a worker falls because of a lack of proper scaffolding, the plaintiff needs to demonstrate that this specific breach led to the injury.

Damages

The final element to prove in a negligence case is damages. Be prepared to show that the injury resulted in actual harm. Damages can include medical expenses, lost wages and pain and suffering. Documentation like medical records, pay stubs and witness testimony can help prove the extent of the damages.

Studies show that construction accidents lead to 24% of all worker deaths in New York State. Negligence on a construction site has horrifying implications, and that is why it is so important to get the compensation you deserve from those at fault.