Long Island

Published on: April 19, 2012

Maryann Agudio and an eight-year-old child, Janiece Robinson was driving Union Boulevard in Suffolk County

by Stephen Bilkis

Maryann Agudio and an eight-year-old child, Janiece Robinson was driving Union Boulevard in Suffolk County when a vehicle driven by Warner Cooley hit them. The car was under Marcia Cooley’s name. Cases were filed against Mr. Cooley and Ms. Cooley. It was responded by a counter claim saying that it was Ms. Agudio, who was at fault in the accident. Ms. Agudio petitioned the court seeking a summary judgment saying that she was liable and that the eight-year-old Janiece Robinson did not sustain a serious injury in the context of insurance law.

Ms. Agudio had submitted to the court the transcripts of the claims, the counter claims and the answers. She also submitted a copy of the reports for the independent orthopedic examination performed on Janiece Robinson. The examination was done by Robert Israel M.D. on September 25, 2009. With her counsel, Janiece Robinson did not agree with the petition filed by Ms. Agudio. They asked for the dismissal of the case saying that Janiece did not sustain serious injuries as required by insurance law.

For a summary judgment to be granted the claimant must be able to show that all issues have been met and eliminated. There should be no issues that are presented that are deemed as needed to be decided on in a trail. With regard to the liability of Ms. Agudio, the child’s grandmother, she recounted the incident on April 5, 2004 at about 2:30 or 3:00 in the afternoon. She said that aside from Janiece her grandson, Michael Robinson, was also in the passenger seat. She stopped her vehicle at a red traffic light at the intersection of Carleton Avenue with Union Boulevard. This is the time that she noticed Mr. Cooley’s vehicle. A few seconds after, she said that Mr. Cooley’s car had struck the rear of her car. This had caused her vehicle to jolt forward. She claims that the light had not changed, it was still red. After they were hit, she pulled over at Union Boulevard and checked on her grandchildren. He approached the other car, and she was told by Mr. Cooley that he was in a hurry to pick up his son at school.

Published on: April 17, 2012

Drivers of emergency vehicles are afforded some sort of immunity

by Stephen Bilkis

Drivers of emergency vehicles are afforded some sort of immunity from vehicular accidents that result to personal injuries. Emergency vehicles include ambulances and police cars are more prone to car crashes when the drivers are responding to calls of emergency from dispatchers and most of the time, serious injuries arise from these as they are more likely to involve high-speed collisions. Our expert explains that an emergency vehicle driver who gets figured in a car crashis governed under the vehicular and traffic laws 1104, wherein his actions must be qualified and that he must not be found to be more than negligent to be able to be exempted from being liable to his victim’s injuries.

This is an example of a car accident case involving a police car and another vehicle as reviewed by one of our top Attorneys. On February 4, 2011, the Milim couple, Steven and Susan (Plaintiffs), was stopped along an intersection in Suffolk County behind two vehicles, while traveling northbound and waiting for the red traffic light to change. Finally, at the turn of the green light, the two cars moved forward and just as Steven Milim was about to pull up, a spinning police car slammed onto his left side which made their SUV spin 360 degrees.

According to Steven, the impact was so great that it could be described as something exploding inside the car. In his testimony prior to the trial, Steven Milim also claimed that he did not see the car because he kept his eyes on the road ahead, anticipating the traffic light to turn to green. He only came to realize that the police car was going to slam against their car when his wife, Susan motioned for him to watch out for the incoming spinning police vehicle. Moreover, Steven said that it was a cold, wet day for driving. In Susan Milim’s testimony, she stated that the police car was out of control spinning at an estimated speed of about 70 mph.

Published on: March 23, 2012

According to reports, the Oldsmobile skidded to the accident point somewhere about one half mile near Kiamesha

by Stephen Bilkis

According to reports that reached a doctor, this is a personal injury claim as well as personal damages claim by four private individuals against the state of New York in 1955. Hyman Portnoy, Theodore Galperin, Irving Mittenberg and Sheldon Ludmerer were the people involved in a road car accident on the night of June 26, 1955 going to Monticello on Route 42. All four men were riding a 1949 Oldsmobile Sedan which was being driven by Ludmerer. According to reports, the Oldsmobile skidded to the accident point somewhere about one half mile near Kiamesha. According to Ludmerer, the car swerved, skidded and hit a stanchion before it went off the road and finally stopping at a ditch ahead.

The expert also got the report that according to the testimony of Portnoy, immediately before the car accident happened, he felt the car passed by some pebbles and stones some 2 to 3 feet along Route 42. He also further testified that about a week or two before the accident, he had been walking on the same route and saw that there were sand and dirt thick enough to cover the pavement but failed to describe the exact thickness of the dirt.

On the other hand, when Ludmerer testified, he said that he was very familiar with the road that they were travelling that night. He said he did not remember seeing any dirt or pebbles on the road that night. He also said that we was not really paying attention on the actual road. At the hospital he casually mentioned to the State Trooper that he thought he was probably going too fast. But this part was not mentioned on his testimony on the court.

Published on: March 18, 2012

Crosswalks and pedestrians are made for many people

by Stephen Bilkis

Crosswalks and pedestrians are made for many people, especially for children to be able to walk to and from their destinations safely and independently. However, there are times when a place becomes more progressive and walkways are not always present to serve pedestrians. Moreover, parents primarily need to educate their children about the use of crosswalks and pedestrian lanes to avert possible accidents and injuries that may arise out of these accidents. Crosswalks are there to guide people where they could safely pass without endangering their safety. The absence of one in an area means that it’s not a proper place to cross a street from, otherwise, a person is greatly risking his or her life by taking chances. In this case, our informants will discuss the importance of using crosswalks and how the absence of this influence motorists and children’s decisions alike.

In June 2001, Anthony Carlo, the victim, was waiting to cross on Route 376 to get to the other side of the road when he was hit by a car. Prior to that, a witness, Denise Marinaccio, saw the boy on the knoll beside a telephone pole who looked like he was about to cross. In her testimony, Ms. Marinaccio testified that she was traveling Northbound on her way to the First Union Bank, just near the area where the boy was hit by a car. She noticed the boy just before she made a right turn to the bank and he was standing with a bicycle, although she couldn’t remember if the victim was riding the bicycle or was standing beside it. When she pulled up on a parking lot, she heard a car stop and when she looked, saw a woman rush to the boy and that Ms. Marinaccio was certain that the boy with a bicycle was hit. When asked to pinpoint where exactly was Anthony Carlo hit, she pointed it out and continued with her testimony.

The woman who hit Anthony Carlo was Jill Stevenson. In her testimony, she initially described that it was a good weather for driving and that she was with her daughter who was seated at the back of the car when the accident happened. She also stated that she was very familiar with the area since she coached a cheerleading team near the Recreational Center that was located only a few feet away from the car accident. She was asked to describe the area wherein she identified the location of the Recreational Center and the retail stores near the place. Ms. Stevenson stated that the boy was heading towards her who came out from near the bank parking lot. She stated that the boy came out of nowhere and was riding a bike when he crossed the street without looking up to see the incoming car. In addition, she disclosed that her speed limit was lower than 30 mph since she was familiar with the place, which could get busy at times. When she saw the boy hit the front right side of her vehicle, she immediately stopped. The absence of skid marks confirmed that she wasn’t going on a faster speed than usual. In addition, she was given a map to pinpoint where the boy got hit and she naturally pointed to the place, which was consistent with the first witness’ account.

Published on: February 23, 2012

Woman and Man Seriously Injured by Car Accident

by Stephen Bilkis

A car accident seriously injured a Woman and a Man who required urgent medical attention. The two victims were said to be in a critical condition and needed hospital treatment, explains a source.

The accident occurred in Pasadena, on Solley Road. The car lost control late on Thursday night and spun off the road at speed. It then hit a large pole in the center of the road which caused serious injuries to both occupants inside the vehicle.

According to the report obtained by the police, both the 42 year old driver, and 24 year old passenger were seriously injured. Eye witness reports report that the car was traveling at excessive speeds along Solley Road. The driver of the car lost control and crossed the center of the road. This caused her to strike a signpost which caused the car and occupants serious injury. First aiders were the first on the scene and offered first aid healthcare.

Published on: January 27, 2012

Fatal Road Traffic Accident Claims Life of 58 Year Old

by Stephen Bilkis

A 58 year old man was killed at 10AM Sunday morning as a result of a car accidentinvolving two cars, explains a report. The accident only claimed one life, but injured three other people who required hospital treatment.

The two cars involved were a 2004 Pontiac and 2002 Ford Explorer. These cars crashed head on, although it is not clear exactly why this happened. The accident happened at 10 am, and the driver died shortly after the collision.

Two passengers in the vehicle were injured but their injuries were not considered serious. However, both of these people were still send to hospital to be sure. They were treated at South Shore Hospital explains the representative. They were released from hospital after a few hours as they only really require minor treatment.

Published on: December 31, 2011

Boy hit by truck suffering from Life Threatening Injuries

by Stephen Bilkis

A young boy was involved in a serious accident with a truck when riding his bike explains an observer . The accident occurred at the Old Military Road and Opal Court intersection on Sunday.

His injuries were serious enough for him to be flown direct to Harborview Medical Center where he is currently undergoing treatment for his injuries. His injuries were life threatening but he is currently in a serious condition.

This is the second car accident involving a bicyclist in the area over the weekend. On Saturday a minivan crashed into a 53 year old cyclist who was also flown to Harborview.

Published on: December 26, 2011

Fatal Car Accident Killed Young Student

by Stephen Bilkis

An accident in Pittsburg in the early hours of Thursday morning resulted in two severely injured people and one death. One 20 year old student was fatally injured and died at the scene; two other students received injuries but did not require immediate medical attention.

A report handed to the rep by the local police department explained that the truck was driven by a 20 year old male with three more passengers. The exact cause of the crash is not known as the police investigation is still ongoing.

The driver of the truck was on the wrong side of the road which caused another driver to crash into the truck. The truck rolled on its top as a result of the impact. This killed the truck driver instantly, and the other driver and his passenger were taken immediately to Via Christi Hospital. The report read by the court states that the injuries to these were not thought to be life threatening.

Published on: December 23, 2011

New study shows injuries from car crashes cause more chronic pain than other injuries

by Stephen Bilkis

It was revealed today that a recent study shows people are more likely to develop chronic pain from injuries after a hit and run car accident than after other physically traumatic events.

The study took place in Scotland and involved 2,069 people who were asked three times over a course of four years about musculoskeletal pain and related stress, related a doctor. They were asked if they had experienced any of these six physically traumatic events: traffic crash, surgery, workplace accident, fracture, hospitalization, or child birth.

33% of the 241 people in the study with chronic widespread pain were much more likely than other participants to report at least one physically traumatic event during the study period.

Published on: November 29, 2011

Teen Driver Charged for Highway Crash That Injured Workers

by Stephen Bilkis

A teenage driver was charged on Monday for causing injury due to drunk driving. Three workers were injured as a result of her actions.

The accident happened on Thursday on I-77. The police report suggests that the teenage woman hit the back of a construction truck which was parked at the side of the highway. Although there was nobody in the truck, the force of the impact pushed the truck into three highway maintenance workers who were standing on the solder of the highway.

The report read by the police shows that two of the workers had fairly minor injuries which did not require hospitalization. Only one of the workers was injured seriously and he was transported to the Metro Health Medical Center.