New York City Personal Injury Blog

Comparative negligence law in New York

On behalf of Godosky & Gentile, P.C. on Wednesday, September 18, 2019.

Being involved in a car accident usually results in damages of some sort. The damages that you experience could be limited to property damage, but they could also include personal injury that requires medical attention. Even if you were involved in a minor accident, it is a good idea to get checked by a medical professional to ensure that you have not suffered whiplash or delayed-onset injuries.

When damages of any kind occur, you will need to go through the process of seeking compensation. This will involve the collaboration of your insurance company. New York has a no-fault car insurance system, which means that you will usually have all damages covered by your own insurance company, regardless of who was at fault. However, this will only be true if the damages do not exceed the coverage offered by your insurance company.

Cyclists and car accidents

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Friday, September 13, 2019.

Many people living in New York and around the country are cyclists. While cycling is a popular sport and mode of transportation, it is not without its risks. In many areas, streets are primarily occupied by automobiles, which can pose a significant danger to those riding bicycles.

Recently, a cyclist was killed while riding in New York City. Activists became concerned as this was the 14th cyclist to be killed in the city in 2019. Mayor Bill DeBlasio has committed to taking action to ensure the safety of cyclists in the city.

The Child Victims Act has resulted in a surge of lawsuits

On behalf of Godosky & Gentile, P.C. on Monday, September 2, 2019.

On Wednesday, August 14, 2019, the Child Victims Act went into effect in New York. This is a long-awaited act in the state that will make it easier for those who were victims of sexual abuse as children to take action and get justice as adults.

The act changes several measures that were previously enforced, which used to be a huge barrier for adults who wanted to take action for the abuse they suffered years earlier.

Car has high safety rating and high number of accidents

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Thursday, August 29, 2019.

Some people in New York may have purchased a Subaru Crosstrek because the Insurance Institute of Highway Safety gave it the highest safety rating. However, the vehicle has also been involved in the highest number of at-fault accidents.

Insurify, an auto insurance comparison site, conducted a survey to find out how many accidents cars were involved in. The average for all models on the road was around 13%. For the Subaru Crosstrek, it was 25.81%. This was followed by the Honda HR-V at 25.7%. Of the 10 cars on the list, only one is an American car. Two are imports from Korea while the others are from Japan. The American car, the Chevrolet Trax, was in ninth place. The Subaru WRX, in fifth place, also has proportionately more speeding offenses than any other car.

Is it time laws work in women's favor?

On behalf of Godosky & Gentile, P.C. posted in Sexual Harassment on Monday, August 26, 2019.

As a woman, you could probably share various personal experiences of wage inequality, sexual harassment and parental discrimination in your workplace. Whether your employer denied you a promotion you earned, coworkers spoke disrespectfully or people touched you inappropriately, you might wish you had a right to speak up. And you do.

Unfortunately, many women hesitate to file a report about sexual harassment at their place of employment. This is often because they do not want to cause trouble, are afraid of retaliatory action or believe nobody would do anything about it. However, a new reform bill could change women's work environments - for the better.

Pedestrian deaths in New York City

On behalf of Godosky & Gentile, P.C. posted in Motor Vehicle Accidents on Monday, August 19, 2019.

When New York City Mayor Bill de Blasio announced the Vision Zero program in 2014, he said the goal of the initiative was to eliminate all traffic accident deaths and serious injuries within 10 years. De Blasio now admits that the program is facing a crisis, but he insists that its ultimate objective remains achievable. Total traffic fatalities in the city are up by 15% in 2019, and the pedestrian death toll is even more worrying. Pedestrian deaths in New York City increased alarmingly in 2018, and they are on pace to rise even further in 2019.

Three pedestrians were recently killed in New York in just two days. On July 7, a 72-year-old man succumbed to injuries he suffered when he was struck by driver on the Horace Harding Expressway in Queens. Just a few hours later, a 65-year-old woman was struck and killed by a wrong-way driver in Harlem. The livery driver responsible has been charged with reckless endangerment and vehicular manslaughter.

The use of power in sexual harassment cases

On behalf of Godosky & Gentile, P.C. on Thursday, August 15, 2019.

Many instances of sexual harassment occur through the abuse of power. This is why it is important to recognize situations in which coworkers and managers abuse their power for personal gain. If any reference to sex is involved in this abuse of power, it may be possible to make a complaint of sexual harassment.

Victims of sexual harassment have the right to choose whether they want to make a complaint. Many victims decide not to make a complaint because they are fearful of repercussions in their career, or because they do not want to relive the traumatic event.

Flagger safety: an essential for roadway work zones

On behalf of Godosky & Gentile, P.C. posted in Workplace Accidents on Friday, August 9, 2019.

Flagger safety is sometimes overlooked in roadway work zones across New York. Flaggers are the ones who control traffic flow in these zones, so it's important that they are seen by drivers and know what to do in case of emergencies. Otherwise, they risk being injured or dying. WorkZoneSafety.org states that there were 132 car crash fatalities in roadway work zones in 2017. The culprit in most of these cases was a speeding or aggressive driver.

Fortunately, flaggers and their employers can follow the safety tips offered by the Center for Construction Research and Training. It all begins with having high-visibility clothing. At night, flaggers should put on a reflective vest. For adverse weather, they should wear long pants, long sleeves and hard hats.

How does workplace sexual harassment affect victims?

On behalf of Godosky & Gentile, P.C. on Thursday, August 1, 2019.

Sexual harassment is, unfortunately, surprisingly prevalent in the workplace. In recent years, more attention has been drawn to the issue, and, as a result, victims are feeling more empowered to assert their rights. However, the way that sexual harassment in the workplace can affect the lives of victims is not usually fully addressed.

Sexual harassment in the workplace usually falls under two categories: sexual harassment through the abuse of power, or sexual harassment through the creation of a hostile environment. An example of power abuse could be a boss asking an employee for sexual favors in return for a pay rise or promotion. The creation of a hostile environment could be invoked by an employee telling inappropriate sexual jokes or making sexual statements.

Common slip-and-fall injuries that occur in summer

On behalf of Godosky & Gentile, P.C. on Wednesday, July 24, 2019.

In the summer months of New York, we are more likely to spend time in outdoor spaces, enjoying the summer. We may, for example, take our children to playgrounds and outdoor adventure and theme parks. While these types of activities can be great fun for all the family, they also invite some level of danger.

If you or your family member was injured this summer, they may have suffered significantly. In addition to the initial pain caused by the accident, they may also have to pay for medical treatment. Also, wages may have been lost as a result of needing to stay at home to recover. The following are some of the most common injuries that occur on premises during the summer months.