Omrani & Taub

Glaucoma May Increase Likelihood of Car Accidents

Glaucoma“There may be a segment of the glaucoma population, but certainly not all, that has an elevated MVC (motor vehicle crash) rate because of their disease.” This according to Cynthia Owsley, PhD, from the University of Alabama at Birmingham’s Department of Opthamology. Dr. Owsley reporting the findings of a recently released study on the increased chance of glaucoma sufferers to be involved in an auto accident.

In addition to stating that patients with moderate to severe glaucoma are more at risk for accidents, the study also states they are more likely to incur accident-related injuries than drivers with healthy vision.

The researchers didn’t only compile research from the Department of Motor Vehicle’s crash data, but actually analyzed the on-road driving performance of patients by conducting driving exams.

Recruiting participants for the study was difficult, according to the researchers, not only because the standards were very particular—they were required to be at least 55, have visual acuity of 20/70 in at least one eye, be a licensed driver, and not have undergone any procedures that could affect their driving—but because many potential participants were concerned they could lose their license if their driving was subpar during research examinations. As such, of 86 people who were eligible, 64 of them declined to participate. Continue reading

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FDA loophole leads to approval of defective products

If you are like most New York consumers, you probably assume that a Food and Drug Administration-approved product has been properly tested and is now considered safe. Unfortunately, that is not always the case. For example, about 90 percent of the medical products and devices that are on the market have been approved by the FDA through the agency’s 510(k) process.

But under a loophole in that process, a product that is ‘substantially equivalent’ to one that has previously been approved by the FDA must also be approved, automatically, no questions asked. Because this is the case even when that earlier product has been recalled or has otherwise been shown to be harmful, the loophole results in many defective products making their way to the market. To remedy this dangerous situation, a number of federal lawmakers are currently working to pass a law which would effectively close that loophole. Continue reading

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Bronx Home Scene of Frequent Car Accidents

A home located on a busy corner in the Bronx was hit by a taxi a few weeks ago. But according to the NY Times, such car accidents are par for the course for the home owner, and he doesn’t plan on moving.

Steven Campbell bought the 1915 two-story home in 1989, and since then it has been twice hit by vehicles. “You could go anywhere and get hit by a car,” he says in justifying his decision to remain in the car-accident-prone home.

The home is located on Taylor Avenue at the corner of Wood Avenue. It’s a five corner intersection, shared with East 174th street, a four-lane road with a median. In short, there’s no shortage of traffic.

In the taxi accident that most recently occurred, the cab swerved to avoid another vehicle and sped through the Taylor-Wood intersection before jumping the curb in front of Mr. Campbell’s home. It hit a parked van and post and then mowed down Campbell’s white metal fence before smashing through the empty garage door. Fortunately, no one was injured. Mr. Campbell was not home at the time. Continue reading

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Woman attacked by chimpanzee files personal injury lawsuit

If someone is injured on another person’s property, the property owner may be held responsible for premises liability. A wide variety of injuries can result from a property owner’s negligence, including injuries from an animal attack.

One example of such an injury occurred when a 58-year-old woman was attacked by her friend’s “pet” chimpanzee. The 200-pound wild animal lived in a residential home. The woman says she was always concerned that the animal would attack an innocent victim, but she never thought it would be herself. Continue reading

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Bus driver acquitted for fatal New York bus accident

In a recent criminal trial, a 60-year-old Megabus driver was acquitted of criminally negligent homicide charges stemming from a 2010 New York bus accident that resulted in the deaths of four passengers.

Though he is not being held criminally responsible for these wrongful deaths, family members of the deceased victims have already filed civil lawsuits against the bus company, the bus driver and others who may have contributed to the fatal bus accident. Those lawsuits were delayed pending the outcome of the criminal trial. Continue reading

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Doctor Pleads Guilty in Drunk Driving Accident; Civil Suit is Probable

Last August, 32-year old homeless man, Jason Farnham was struck by a BMW while walking. That BMW was driven by Dr. Frank Vogel, 66, of Franklin Square. Just this week, Vogel pled guilty to driving drunk in the accident and is expected to be sentenced in upcoming days.

Farnham was initially listed in critical condition, according to Syracuse.com. He is still recovering from his injuries at The Centers at St. Camillus.

The younger man was walking on the night of August 21, 2011 on the west side of the Onondaga Lake Parkway, on or near the shoulder of the road. Vogel was driving southbound when the drunk driving accident occurred.

In his plea, Dr. Vogel admitted to being intoxicated with a blood alcohol level of at least .18, more than twice the legal limit. But according to the prosecution in the case, his blood alcohol level was more like .20.

The fact that Vogel stopped his vehicle and rendered assistance to Farnham while waiting for emergency personnel likely affected the plea agreement. According to the agreement, Vogel will serve five years’ probation with the first six months being served in the Onondaga County Correctional Facility. Continue reading

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Two pedestrians killed by two different New York City buses

New York City is among one of the dangerous places for pedestrians. Needless to say, many drivers on New York streets are in a rush to get where they are going. Operators of mass transit vehicles are no different. Either from a lack of attentiveness, or because of the tediousness of driving the same pattern for long stretches of time, they can end up mindlessly ignoring pedestrians who are crossing the streets in crosswalks. When this happens it is most likely that the pedestrian will suffer serious personal injuries, some of which are fatal.

Two New Yorkers were struck down by New York City buses this week within a 24-hour period. The first victim was a 22-year-old who was killed by a Q44 bus while crossing a very dangerous intersection in Flushing. This accident happened shortly after eight in the morning. Continue reading

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City Council Scolds NYPD’s Response to Bicycle Accidents

A few high profile cases over the past year, especially that of cyclist Mathieu Lefevre, have brought significant attention to the NYPD’s treatment of bicycle and pedestrian accidents. So much so that the City Council held a meeting on the department’s lackadaisical attitude towards such accidents and how they are investigated.

According to the Village Voice, much of the frustration is due to the police department’s reluctance to charge drivers criminally after being involved in such accidents. Though they may receive a ticket for failing to signal or running a red light, it’s rare that they face charges of reckless endangerment or assault with a vehicle, even after the accident victim has suffered extensive injuries or even died.

The department assured the council that everything is being handled according to protocol, citing a 33% decrease in traffic fatalities overall in the past ten years. Continue reading

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Electric cigarette manufacturer could face product liability suit

Manufacturers of dangerous or defective products are responsible for the injuries caused when the product malfunctions. Such injuries include those caused by a fire or a chemical explosion.

Electric cigarettes are plastic imitation cigarettes, designed to generate a nicotine mist when inhaled, much like a real cigarette. These devices are widely used among as many as 2.5 million Americans in New York City and around the country. Continue reading

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5 Months After Auto Accident, Driver Criminally Charged

He spent about 5 months in the hospital. And when he came out, it wasn’t to a “welcome home” party; it was to an arraignment.

Forty-three year old James E. Anderson was involved in a serious head-on collision on September 11, 2011, an accident that landed two other people in the hospital as well. He was found at fault after it was discovered that he was legally intoxicated. Now he faces criminal charges in addition to any civil liabilities filed by a New York car accident attorney representing the injured parties.

Anderson, of New York City, was driving on the Bear Mountain State Parkway early on that September morning. At about 1 a.m., according to The Daily Cortlandt, he crossed the center line and drove into oncoming traffic. Continue reading

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Unsafe billboards in NYC pose premises liability risk

Sometimes, it takes a serious accident that could expose property owners to the reality of premises liability before they realize the potential dangers posed on their property.

Last month a billboard fell onto the Brooklyn-Queens Expressway and into traffic lanes. The billboard was a giant Mega Millions Lottery sign. The day it flew onto the elevated portion of the BQE there were 40 m.p.h. winds. Continue reading

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Wrongful death lawsuit against bus company settled

The mother of a teenage boy who was struck and killed by a school bus can breathe a little easier now that she has settled a wrongful death lawsuit she brought against the largest bus company in the nation. That lawsuit was reportedly settled for $5 million.

The bus accident occurred in November of 2010. The 23-year-old school bus driver reportedly did not take necessary safety precautions, including inspecting the bus before driving. The school bus’s windows were covered with frost and she had little to no visibility from the inside of the bus to see her surroundings, making the situation very dangerous. Continue reading

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