Hit & Run Accidents

Several days ago, a pedestrian was critically injured after being struck by a hit-and-run driver in New Cassel, NY.  According to police, an unknown driver was traveling eastbound on Broadway Avenue when they struck a male victim, 61, who had fallen into the roadway.  The victim was transported to the hospital and is listed in critical condition.

The Sanders Firm helps victims of automobile accidents in New York to recover compensation for their injuries from negligent or reckless drivers who have caused the accident.  There are times when the identity of the driver is not known because the driver left the scene rather than stopped as required by law.

It’s important that the injured victim of the hit and run accident files an uninsured motorist claim with their insurance carrier. Hit and run lawsuits are covered by New York Insurance Law section 5217, which allows uninsured motorist claims when the identity of the vehicle owner is unascertainable, but only in certain situations (see below). This law applies either when the identity of the operator of the vehicle cannot be ascertained, or when the vehicle was driven by an unknown person without the consent of the vehicle’s owner, even if the owner’s identity is known.

In order to avoid fictitious claims by people who were not really in a hit and run accident, the law requires the victim to provide proof of physical contact with another vehicle. It is not enough to claim that you were “cut off” in traffic, even if the other driver’s actions caused you to swerve or lose control and strike another vehicle or object.

Although there must be physical contact with another vehicle, it can be only a part of the vehicle. For example, a muffler could detach from a vehicle and land in the roadway, and another driver striking the muffler could lose control of the car and strike a guardrail or go off the road, resulting in a serious personal injury. This type of accident is very real, but it is hard to prove and presents difficult factual and legal issues related to proximity and other factors.

The attorneys at The Sanders Firm have handled all types of automobile accidents, including hit and run claims and other uninsured motorist claims. If you have been injured in a hit and run or any other type of motor vehicle accident, please contact us at 1.800.FAIR.PLAY or visit: www.TheSandersFirm.com

If you have been a witness in a hit and run accident, please report it to Crime Stoppers at 1-800-244-TIPS.

For the full story: http://longisland.news12.com/story/39247992/pedestrian-injured-in-new-cassel-hit-and-run

Homeowners & Natural Disasters

ARE HOMEOWNERS LIABLE FOR NATURAL DISASTER INJURIES?

It’s hurricane season in New York and some Long Islanders were hit with a small storm last night. Storms, hurricanes, tornadoes could have an impact on homeowners. Natural disasters don’t wait until everyone is safe in their home or a public building to strike. You could be enjoying time with friends at their house or need to take shelter during travels. If you suffer an injury at someone else’s home or property, you may wonder how you will pay for medical bills, the cost of rehabilitation and time off from work. The Sanders Firm is here to help.

Homeowner’s Insurance and Natural Disasters

Natural disasters, including hurricanes, tornadoes, lightning strikes, severe storms, floods and earthquakes, are considered natural disasters. No one can foresee or prevent the damage caused by these occurrences. Homeowner’s and renter’s insurance are the first two places many individuals look after a natural disaster, but these two forms of insurance may only offer limited coverage after a natural disaster.

All insurance policies are negotiated using a “standard risk measurement.” Natural disasters often fall outside of those categories, and some homeowner’s insurance policies may not cover any injuries or damage associated with the disaster. Every insurance policy varies slightly. Homeowners should look closely to see what types of damage and injuries are covered after a natural disaster.

Many insurance companies do not cover flood damage, and others may limit the amount of compensation a policyholder or injured individual can collect. Both residents and guests who suffer during an incident may find some financial relief from these types of insurances, but it may not fully cover the associated costs.

When a Homeowner or Third Party Is Liable for a Visitor’s Injuries

Proving homeowner or third party liability after a natural disaster is difficult but not impossible and that is why you will need a skilled attorney to help. The Sanders Firm understands these cases and the responsibilities of property owners and insurance companies. Property owners are required to reasonably address foreseeable hazards in and around the home. When they fail to do so or to warn visitors of the hazard, they are liable for any resulting injuries. For instance, if a friend comes over for dinner and a heavy wind gust in a storm knocks a tree over, hurting the individual, the homeowner may be liable. If the tree was dead or a hazard prior to the weather event, injury liability is the responsibility of the property owner.

An injured individual may also hold a product manufacturer or a construction/installation company liable for an injury in some cases. For example, if a wooden beam falls in a garage during a hurricane and a subsequent investigation shows the beam was not reinforced according to building code, the construction crew may shoulder the responsibility for any resulting injuries.

How The Sanders Firm Can Help

If you suffer an injury after a hurricane, tornado, flood, or other natural disaster on someone else’s property in New York State, you may have access to compensation through a homeowner’s insurance policy. In addition to helping you investigate the proximal cause of your injury, here’s how we can help:

• The Sanders Firm will represent you during a lawsuit – In conjunction with negotiation with insurance providers, The Sanders Firm will likely pursue an alternative case to prove negligence on the part of a homeowner or a third party.

New Yorkers need to know that after a natural disaster, you may need a skilled, compassionate attorney to help secure compensation and defend your rights. The Sanders Firm has successfully handled these types of cases for over 50 years and will make sure that you do not suffer with the consequences of an injury that was out of your control. Our team will help you determine the right course of action to secure the treatment and compensation you deserve.

Contact The Sanders Firm at 1.800.FAIR.PLAY

https://patch.com/new-york/threevillage/s/givj4/small-tornado-hits-long-island-area?utm_source=alert-breakingnews&utm_medium=email&utm_term=weather&utm_campaign=alert

https://www.newsday.com/news/weather/long-island-weather-wednesday-1.21407915

https://thesandersfirm.com/property-damage-and-business-losses-from-hurricane-sandy/

Lead Found In NYC Tap Water

Just a few days ago, The Sanders Firm shared information on contaminated water on Long Island. Today, a new report was released by The NYC Independent Budget and states that Riverdale is one of the neighborhoods with high levels of lead in the tap water.

According to the Department of Environmental Protection's website, the city monitors a selection of homes that have lead service lines, fixtures or solders. The department also says it adds phosphoric acid, a common food preservative, to the water that reduces the release of lead from household plumbing.

However, The DEC has expressed their own concerns and has offered these tips to protect the public:

• It's costly but property owners should replace their lead pipes.

-According to the study, there are currently no requirements to mandate removal of plumbing materials in private buildings, regardless of the lead concentration in the water.

• Run tap water until its cold. Use cold water for drinking, cooking and baby formula.
• Do not boil water to remove lead, and make sure to clean faucet screens.
• Test water frequently. You can receive a free lead testing kit to anyone who requests one.

The study shows that lead levels in tap water have been trending down, and the issue is only affecting a small percentage of small, old buildings.

The City provides guides for tenants and landlords about Local Law 1. Local Law 1 of 2004 is a comprehensive law concerning the prevention of childhood lead poisoning through the fixing of lead paint hazards in housing and day care facilities.

Click here for the guide: https://www1.nyc.gov/nyc-resources/service/1952/lead-law-guide

The brochure Fix Lead Paint Hazards: What Landlords Must Do and Every Tenant Should Know explains landlord responsibilities, rules for repairs which may disturb lead paint, and tips to prevent lead poisoning.

For the @News12 story click here: http://bronx.news12.com/story/39180950/dec-offers-tips-after-lead-in-nyc-water-study

Everyone is entitled to have clean, safe water. The presence of lead in New York City drinking water is caused by corrosion, a reaction between the water and the metallic pipes or solder. When water comes in contact with plumbing that contains lead, the lead can be absorbed into the water. No matter where your drinking water comes from, it can become contaminated.

It takes a substantial amount of resources for a law firm to go up against property owners, management companies, large corporations or municipalities who are harming people. The Sanders Firm has a history of helping people and successful battles. As a nationally recognized law firm, The Sanders Firm has been dedicated to holding irresponsible parties accountable for over 50 years. If you suspect lead in your water or contamination and need legal advice, please call 1.800.FAIR.PLAY or visit our website: www.TheSandersFirm.com

Car Accident Information That May Surprise You

5 Statistics About Car Accidents That May Surprise You

 

Auto accidents affect many people in the United States each year and are something that every driver on the road worries about. The National Highway Traffic Safety Administration (NHTSA) puts out an annual report compiling statistics about the year’s traffic accidents. The report shows good and bad trends and addresses areas of concern. Here are 5 statistics about car accidents that might surprise you.

• America is leading the world in car accident deaths.

According to the Centers for Disease Control and Prevention, more Americans die from car accidents than any other high-income country in the world. While other countries have seen a steady decrease in traffic accident fatalities over the past decade, the United States has had a steady increase. In 2017, around 92 people died every day from injuries sustained in a car accident.

• Seat belt use is improving, but it’s still not great.

As of August 2018, American seat belt use was estimated to be 83 percent. That number may seem high, but it places the United States as third lowest among high-income countries. This percentage is alarming because around half of the fatal accidents in 2017 involved a person who was not wearing a seat belt. Seat belts cannot prevent every fatality, but it can prevent many of them.

• 44% of teenagers admit to texting while driving.

Distracted driving is dangerous, and texting while driving is one of the worst offenses. Not surprisingly, it’s most common among teens, but it’s a problem among adults as well. Cell phone use while driving accounts for over 1.5 million crashes each year, with around a quarter of those related to texting. An alarming percentage of both teens and adults say that they can easily manage texting while driving, despite significant evidence to the contrary. Texting while driving causes you to spend an average of 4 times as much time with your eyes on your device instead of the road, and that is a huge concern for both pedestrians and other drivers.

• Temperature makes a difference.

The weather can have a big impact on driving. People spend more time on the road during warmer weather. The NHTSA has found a positive correlation between temperature and car accidents. Tough winter road conditions might mean that fewer drivers are on the road, but the people who are out driving are at higher risk for accidents. The Federal Highway Administration estimates that on average, 22% of all vehicle accidents are weather-related. It’s not just snow and ice that are of concern; fog and wind speed are also contributory factors to crashes.

• Older adults are at particular risk.

As the number of licensed drivers 65 and older continues to increase, the number of accidents involving this population is also on the rise. According to recent statistics, over 500 older adults are injured in crashes each day, and around 18 seniors die from traffic accidents each day. While older drivers are just as likely to be in crashes as younger adults for any number of reasons, there are also some specific contributory factors for older adults, such as physical and cognitive health challenges. The NHSTA has put out a special report for this at-risk population as well as offering tips for how to minimize the risk.

Of course, not everyone will get into a car accident but knowing who to trust if you or your loved one is injured is important. The Sanders Firm is available for all your legal concerns. 1.800.FAIR.PLAY

For the most current information form the NHSTA click here:

https://crashstats.nhtsa.dot.gov/#/

Extensive Resources Can Produce A Better Outcome

Jane Doe is a 47 year old female who was struck by a vehicle while crossing the street to get to work. Interesting facts:

·       This is a Worker's Compensation case even though she wasn’t technically on the clock because her employer requires her to park in the parking lot across the street. Since she was injured crossing the street to get to work it is an “on the job” injury.

·       We determined that the defendant lied at her EBT about looking both ways before turning prior to striking our client who was a pedestrian crossing the street. We refuted this with surveillance video we obtained soon after the accident occurred (and prior to it being destroyed as many of these videos are only kept a week or 2 then taped over). Investigation is integral in proving liability.

·       Client sustained serious injuries including tears in her hips, knees, shoulder, neck and back injuries requiring implantation of a spinal cord stimulator. These costs were in excess of the $100,000 policy that the carrier offered to tender.

·       We did not immediately accept the tender. The Sanders Firm continued to investigate and persisted to determine if there were other applicable policies and were finally able to ascertain that there is an additional coverage of $250,000 with a $4 million dollar umbrella. 

The case is not yet settled but The Sanders Firm attorneys feel confident about the outcome. The client is now contemplating back surgery which will only add to the expenses and health issues. One of the primary factors in determining the value of the case is the the amount of medical bills incurred from the date of the accident until the time of settlement. These developments can continue for years. These cases can require large sums of money to prosecute. Few firms have these resources which can force them to settle cases too early, or for less than they are worth.

The Sanders Firm has been representing people for over 50 years and has a team of over 50 professionals. The large support of our attorneys, legal assistants, administrators, investigators and retained experts can result in a better outcome than a smaller firm with less resources.

If you need a powerful team of professionals who care, contact The Sanders Firm: 1.800.FAIR.PLAY

For verdicts and settlements read here:

https://thesandersfirm.com/verdicts-settlements/

Ageism and Malpractice

Ageism & Malpractice:  Rampant in Healthcare  (and the Courts) While no one enjoys spending time in a hospital bed, recent research has revealed what many already suspected: for the elderly, hospitals are not only unpleasant, but can be downright dangerous and life-threatening. It has been reported that hospital staff can fail to feed older patients properly, get them out of bed enough, or control their pain adequately. Providers frequently restrict their movements by tethering them to beds with oxygen tanks and IV poles. Doctors have even been reported to subject them to unnecessary procedures and prescribe redundant or potentially harmful medications. Caregivers can deprive them of sleep by placing them in noisy wards or checking vital signs at all hours of the night. Even more troubling, research published in the Journal of the American Medical Association has exposed that one-third of patients over 70 years old and half of all patients over 85 leave the hospital in much worse condition than when they entered; if they leave at all. Moreover, upon discharge from the hospital, elderly patients frequently suffer from disabilities that make them unable to complete the tasks of daily living-disabilities that they didn't have before they were admitted. The magnitude of this problem is highlighted by the fact that patients over 65 already make up more than one-third of all discharges from U.S. hospitals. Furthermore, nearly 13 million seniors are admitted to U.S. hospitals each year and these numbers will only grow. At The Sanders Firm, we are confronted with the issue of ageism and malpractice in healthcare time and time again. To put it bluntly, ageism is directly responsible for incomplete examinations, delayed diagnoses, and the under-treatment of elderly patients. Medical malpractice is a medical error is a preventable adverse effect of care, whether or not it is evident or harmful to the patient. This might include an inaccurate or incomplete diagnosis or treatment of a disease, injury, syndrome, behavior, infection, or other ailment. What is clear malpractice in the case of a younger plaintiff is often less clear when the plaintiff is elderly. Causation, too, becomes cloudier. The presence of other medical conditions, along with the weakness and fragility of old age, can complicate the case. There are many challenges when representing clients of malpractice but despite these challenges, The Sanders Firm  takes these cases. Why? Because the elderly deserve justice, everyone deserves justice and we know how these cases can be won. If you or a loved one was a victim of medical malpractice (no matter what your age), we want to hear from you.  Call 1.800.FAIR.PLAY for your free case evaluation today.

Pedestrian Struck in Crosswalk Accident Settled for $900,000

Lead Paint Poisoning

If you and/or your child have been exposed to toxic and poisonous lead paint, please call The Sanders Firm 1.800.FAIR.PLAY. We have recently settled these cases, getting our clients the money they deserve. 

Ritz & Goldfish May Have Salmonella

Ritz and Goldfish crackers among the growing list of related food recalls for possible salmonella contaminationhttps://www.cnn.com/2018/07/24/health/recalls-due-to-possible-salmonella-in-whey-protein/index.html

(CNN)The United States Department of Agriculture's Food Safety and Inspection Service issued a public health alert Friday for foods that contain whey powder. Whey powder is an ingredient regulated by the US Food and Drug Administration and is used in a number of foods.

According to a 2017 study, whey powder is used to modify texture, thicken foods, gel foods and to enhance solubility and transportability of foods.

"The whey powder is an FDA-regulated product that is being voluntarily recalled by the producer, Associated Milk Producers, Inc. (AMPI). Additional FSIS-regulated products containing the recalled whey powder may be added to this public health alert as more information becomes available," FSIS said in announcing the recall.

Symptoms of salmonella begin 12 to 72 hours after a person is infected and include diarrhea, fever and abdominal cramping. This can last about four to seven days, and most individuals recover without treatment. However, those who develop severe diarrhea may need to be hospitalized. Those who are very young, who are very old or who have compromised immune systems are most at risk for complications and severe cases of illness.

No illnesses have been reported so far due to these recalls but consumers should not eat any of the recalled foods because they could make you sick.

Complex Pharmaceutical Litigation

New York Injury Attorneys

The injury lawyers at the Sanders Firm are experienced in complex pharmaceutical litigation against the big drug manufacturers and handle dangerous drug lawsuits cases nationwide.

The latest CDC report states that nearly 50% of Americans used at least one prescription drug during the last month. In 2012, nationwide spending on these medications totaled over $325 billion. Drug makers have been found in court to have minimized these side effects in order to get approval to sell to consumers, without regard to the risk. If you have been injured by a dangerous drug, call The Sanders Firm today.

Dangerous Drugs

The latest CDC report states that nearly 50% of Americans used at least one prescription drug during the last month. In 2012, nationwide spending on these medications totaled over $325 billion. Drug makers have been found in court to have minimized these side effects in order to get approval to sell to consumers, without regard to the risk. If you have been injured by a dangerous drug, call The Sanders Firm today.

Speaking To Your Kids About The School Shootings

How to speak to kids & teens about the shootings

In the wake of the deadly shooting at a Florida high school, many parents are left grappling with how to explain this horrific act, at schools - where most children spend the majority of their time, to their children and teens.

1. Parents Should Initiate Conversation

National Child Traumatic Stress Network advises that in situations like this, it is "extremely important" for parents and caregivers -- especially those with children in high school -- to "be willing to bring this topic up."

Parents want to wrap their arms around their kids and make them feel safe. But part of being a parent is willingness to discuss difficult topics.

To believe that our children don't know that these events occur is wishful thinking. We live in an age where it's easy for them to go online and see a live feed of people leaving the school, of responders and it's updated every few moments. It's important for parents to recognize that their children are seeing things and starting the conversation is important.

The National Child Traumatic Stress Network suggests when kids come home, parents can start the conversation by asking, "There was a school shooting, this time in Florida, what did you hear about it?"

This may already be blowing up their social media, this may already be a conversation on the school bus. They further suggest that if you are watching the news with your children, turn it off and talk about the events calmly in order to get an idea of what they know, where they are coming from, and what misconceptions they may have already heard.

It is also critical to reassure children that parents and adults at their school "are going to do everything we can to make you safe."

2. Tweak the conversation based on your child's age

National Child Traumatic Stress Network emphasized that the conversation about the news should vary based on the age of your child.

When it comes to children preschool age and below, parents should limit their media exposure.

3. How to respond if your child doesn't feel safe going back to school

If your child or teen says they do not feel safe going back to school, the National Child Traumatic Stress Network emphasized that it is important not to invalidate their feelings, but to talk about them.

You can ask, "Tell me what it is that you're worried about? What it is that you don't feel safe about?"

Advisors at the Network added that you can reassure your child that "nowadays schools do have safety plans, and schools do practice shooting drills."

Some people are concerned about practicing these drills, but it's like fire drills, it doesn't make kids more scared that fires are going to break out, it makes students feel more secure that they have a plan in place.

4. Check back in

The advisors at The Network feel it's important to check back in every other day to find out what their friends are talking about related to the school shooting. It is very important to get an understanding of how children are coping.

Furthermore, they advise that when there is a tragedy ... a one-and-done conversation is not sufficient. Let your child or teenager know that you really do care about them and are open to having this discussion.

The National Child Traumatic Stress Network asks parents to watch for signs of distress for a longer periods of time.

This may show up in problems with sleep, problems with attention and focus, and increased irritability.

The Network recommends that parents reach out to their school guidance counselor, a local psychological association or even their pediatrician for further help.

Click here for more info on the NCTSN

Be patient and supportive as children are trying to make sense of how something so horrific can happen at a setting where I go to be with friends, to learn.

NY Labor Law & Construction Accidents

The Sanders Firm Handles Construction Accident Claims Construction accident injuries can be just as devastating as any other type of injury, if not more so. Because the laws are constantly changing, pursuing a case on your own is becoming increasingly difficult. Let the New York construction accident lawyers at The Sanders Firm work on your behalf to get the money damages and respect you deserve for your losses.

New York Labor Law New York state's labor law, particularly sections 240(1) and 241(6), were enacted in an effort to make the workplace safe for construction workers and those lawfully on the premises. Since their enactment, these sections have come under attack by property owners, insurance companies and business groups. As a result, the courts have become stricter in their interpretations of these sections, limiting or eliminating benefits for workers who were injured or killed as a result of construction accidents. Section 240 (1) requires that contractors and landowners of buildings larger than one and two family dwellings shall furnish or erect scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices to give proper protection to a construction worker. Section 241 (6) requires that work done at a construction, excavation or demolition site be so constructed, shored, equipped, guarded, arranged, operated and conducted to provide reasonable and adequate protection and safety to people lawfully frequenting the premises. If you are in the construction, demolition, excavation or renovation business and have been injured at work, you may be entitled to compensation. Please call an experienced attorney from The Sanders Firm for a no-obligation meeting.  1.800.FAIR.PLAY

The Sanders Firm has Bilingual Attorneys to help you!