Smiley & Smiley, LLP

January 2016 Archives

Motor vehicle accidents involving death start off the new year

Police arrested a hit-and-run driver of a rental truck that ran over and killed a man who was riding his bicycle home from work on Jan. 19. The Queens man was arrested for leaving the scene of a motor vehicle accident with death involved. With respect to motor vehicle accidents in New York City, less than 10 percent of the 4,754 hit-and-run drivers involved in accidents in 2015 were arrested. Additionally, other deadly vehicular accidents in the city involving pedestrians and bicyclists have already been reported in 2016.

Trial to begin in defective product ignition switch case

So far, there have been at least 124 deaths and scores of serious injuries, some of them occurring in New York, attributed to a faulty ignition switch in General Motors vehicles. The company admitted fault in a federal probe recently settled. General Motors admitted that it hid the existence of the defective product to consumers and falsely represented to them that vehicles with the defect posed "no safety concern.''

Failure to diagnose heart attack can be medical malpractice

The failure to conduct appropriate diagnostic tests, which leads to the failure to diagnose the patient's true condition, accounts for a substantial percentage of medical negligence claims, both in New York and nationally. When the patient presents to an emergency room with certain clearly observable symptoms that indicate the possibility of a heart attack, the failure to conduct cardiac tests under the circumstances is often found to be medical malpractice. This is particularly true when the patient dies of a heart attack shortly after being released by the physicians.

Increased construction accidents result in more injury claims

The New York Department of Buildings has reported nearly a 40 percent increase in construction accidents in 2015. The injuries from such accidents in 2015 rose 44.7 percent from 2014. Although the increase in construction from the economic recovery has something to do with the numbers, the DOB Commissioner stated that many of the construction accidents were avoidable.

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