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Calcagno & Associates

900 South Avenue, 3rd Floor
Staten Island, NY, 10314
Phone: 1-800-WE-FIGHT
             (718) 568-3585


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Battery Place
New York, NY, 10004
Phone: (800) 933-4448

Grand Concourse Bronx, NY, 10451 Phone: (718) 933-4448

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Archive for the ‘Auto Injury’ Category

Bus Accident Lawyers and Truck Accident Lawyers

Tuesday, March 22nd, 2011

Bus Accident Lawyer and Truck Accident Lawyer

Truck accident lawyers are a special breed of personal injury lawyer.  Truck and bus accident lawyers have long been concerned about the truck and bus safety issues regarding poor safety standards and dismal compliance rates of newly registered trucking and bus companies.

The laws pertaining to truck accident lawyers and bus accident lawyers has now changed on the federal level.  Federal agencies seem to be increasing their efforts to oversee these new companies so that accidents involving these new carriers might be reduced. This seems to be driven by the string of horrific bus accidents and truck accidents involving numerous fatalities and egregious injuries to innocent passengers and the public.  These truck and bus accidents have been widely covered in the news nationwide.

Truck accident lawyers and bus accident lawyers are pleased by these changes to the law attempting to reduce accidents and keep the public safe.  The federal government started enforcing a rule that requires new bus and truck companies to comply strictly to strong safety requirements or suffer the consequences of license revocation.  The only sure way to make the public safe from the bus and truck companies that fail to follow the current safety requirements is to enforce the penalty of license revocation.

The particulars of the new safety law that has truck accident lawyers and bus accident lawyers excited are as follows:

In order to pass new safety audits, truck and bus companies must meet higher compliance standards under the New Entrant Safety Assurance Process rule. This essentially means that any deficiency found has to be rectified prior to the company applying for permanent registration. If even one of the 16 federal regulations is violated, new companies will automatically fail their safety audits.

The enforcement of the above-mentioned law  is the only way we can ensure the safety standards are being followed.  This will hopefully result in less a demand for truck accident lawyers and bus accident lawyers.  There are too many fatal accidents each year and our safety laws need to have enforcement with serious consequences.

Truck accident and bus accident lawyers have an easier time proving fault as the new laws are strict.  Truck and bus companies that violate even one of these regulations may fail their safety audit according to the new rules.  In that case, a bus or truck company’s registration may be revoked putting them out of service or possible heavy fines.

If you or a loved one is a the victim of a bus accident injury or a truck accident injury, make sure that you consider contacting a bus accident attorney or truck accident lawyer to learn whether or not you can be reimbursed for medical expenses and lost wages due to your accident as well as a pain and suffering award.

The Bus Accident Lawyer or Truck Accident Lawyer has convenient offices in various locations of New York.   We are dedicated to representing personal injury victims of bus and truck accidents. Please contact us for a free consultation at 1(800)WE-FIGHT – we fight for you.

No fee unless we win your case.  We also provide home and hospital visits upon request.  We look forward to fighting hard for your rights.

How To Regain Loss In Train Accidents

Tuesday, March 22nd, 2011

Train Accidents

Train accidents and train derailments usually end in carnage with devastating and deleterious injuries or fatalities.  An experienced Train Accident Lawyer will protect you and get you the money you and your family deserves.  A train accident could happen to you under circumstances such as being on the train, being struck or hit by a train while in a vehicle or if being hit by the train as a pedestrian.  The right personal injury attorney who is familiar with handling train accidents will make all the difference.

Train Accident Injuries

The personal injuries a victim of a train accident may sustain are numerous in connection with injuries aboard a train that is involved in a train accident.  If you are riding the train when an accident occurred, you are likely to suffer injuries similar to car accident injuries like bruises, cuts, abrasions, whiplash, head injuries, and broken bones.  Serious injuries from train accidents require train accident attorneys who have experience with serious personal injury cases.

However, when a train hits a vehicle train accident victims often suffer severe train accident injury such as paralysis, serious fractures requiring surgery or amputations.

As a pedestrian or worker on the railroad tracks if you are struck by a train your injuries will result in death in most instances.

The most important issue you should concentrate on if you are involved in a train accident is, of course, healing.  The next most important thing you can do after being injured in a train accident retain the right train accident lawyer who will help assess your situation and get you the compensation you deserve. In this case, a personal injury lawyer who has experience in train accident cases will help you in obtaining compensation for your injuries, damages, and loss.  Some of the compensation will include lost wages from being out of work, payment of your medical bills and pain and suffering.

Train Accident Causes

The following often cause train accidents:

1) Collisions: when a train collides with another train or vehicle on the tracks;

2) Derailment: due to debris on the tracks or human or mechanical error;

3) Inadequate security on the train:when the railroad fails to provide security to its passengers or workers and an injury or fatality occurs as a result;

4) Mechanical failure: the train malfunctions due to the railroads failure to maintain the train;

5)  Unmaintained tracks: the train is involved in an accident due to the railroads failure to maintain clear and unencumbered tracks and tunnels;

6) Conductor negligence: when the conductor breaches its duty and responsibilities resulting in and injury or fatality of a passenger, worker or bystander.

The above list is a few of the typical train accident scenarios that an experienced train accident lawyer deals with.  Experience is these types of cases is critical and your choice of the right train accident lawyer makes all the difference.

If you or a loved one was injured in a train accident call a train accident lawyer for a free consultation at 1(800)WE-FIGHT to help you obtain compensation for payment of your medical bills, lost wages, pain and suffering and in some instances punitive damages.

 

 

Injury Lawyer – Accident Attorney

Tuesday, March 15th, 2011

The top reasons to consult with a Personal Injury Lawyer

If you have been in an accident and injured in New York, there are several reasons that you should consult with a New York accident attorney.

1)  A personal injury attorney in New York can advise you and help you with getting your medical bills paid. Oftentimes, this includes advising your healthcare providers of your PIP (automobile) insurance if it is a car accident or advising your healthcare providers of your health insurance. In other scenarios, we help make a claim against the person that caused the accident to collect the monies to pay your medical bills.

2)  A personal injury lawyer in New York can advise you and help you to recover your wages while you are out of work due to an accident. In an automobile accident case, this includes making a claim under your PIP (automobile) insurance to recoup part of your wages. In other cases, it includes making a claim against the person that caused the accident to collect the monies to reimburse you for the time you missed from work.

3)  A personal injury attorney in New York can advise you and help you chose an appropriate physician for your injury following an accident. One of the most important things that happens at the beginning of a case and throughout it is the selection of a treating physician.

It is critical that you choose an experienced, aggressive accident attorney that cares about your case.  Call an Accident Attorney at 1(800)WE-FIGHT for a free consultation on your accident case.  You can also visit us at www.1800wefight.com.

Defective Guardrails. Defective Guardrail Lawsuit.

Wednesday, June 9th, 2010

One may think that a guardrail cannot be defective.  However, that thought is false.  A guardrail can be defective in the following ways:

1) Design defect of the guardrail; 2) manufacturers defect of the guardrail; 3) incorrect installation of the guardrail; 4) faulty guardrail maintenance; and 5) negligent or shoddy guardrail repairs.

The purpose of a guardrail is obvious.  But, what most people do not know is that a guardrail must react to a collision in a specific way.  If someone is involved in an accident on the road involving a guardrail and that accident was catastrophic in nature, the accident many times could have or should have been minor if it wasn’t for the guardrail.

The key to successfully litigating a defective guardrail case is to follow up with an attorney immediately so that the proper photographs and investigation of the guardrail can be conducted by your lawyers experts.

If you or a loved one were involved in an accident and a guardrail was hit please call the Guardrail Lawyers at 1(800)WE-FIGHT for a free consultation.  No fee unless we win your case.  We have convenient locations all over New York.  Hospital and home visits are available.

Kelly: COP IN DEADLY CRASH TOTALLY WASTED

Thursday, June 3rd, 2010

The headlines out of the Daily News today, June 3, 2010, says it all.

Officer Hoyoung Kim was off duty last month and drunk when he crashed his car in the Bronx.  The result, he killed himself a friend on the New York Police Department and injred four women. 

His blood alcohol level was 0.16, double the legal limit in New York of 0.08.  His fellow colleague who also lost his life, Office Edwin Paulino was also wasted with a blood-alcohol level of 0.21.

Police Commissioner Raymond Kelly informed reporters of the toxicology reports.  When asked by reporters if he was surprised the Commissioner replied “no comment.” 

The crash occurred on May 16, 2010 and the mother, Sabina Ramirez, 47, of two sisters Iris, 27, and Jazmin, 23, critically hurt in the crash on the Bronx River Parkway is beside herself.  They were taken to Jacobi Medical Center where they remain in critical condition.

Iris suffered a broken pelvis, two fractured legs and a spinal cord injury.  The other victims, Shirley Torres, 26 and Melina Ramirez, 27, also remain hospitalized in Jacobi Medical Center.

There seems to be no end to the negligence and recklessness of drunk drivers in the Bronx.  I expect more from a New York Police Officer and they must understand that they are held to a higher duty given their special place in our society as the perveyors of law and order.  It is a shame that a few bad apples have to ruin the reputation of the whole department.

If you or a loved one has been injured in a car accident involving a drunk driver or any type of accident please call the car accident lawyers at 1(800)WE-FIGHT.

Traumatic Brain Injury Law and Lawyers

Friday, May 14th, 2010

Minor traumatic brain injury is one of the most undiagnosed or misdiagnosed conditions when a person is involved in an accident.  Usually car accidents involving whiplash, a violent jerking of the neck or impact of the head.  The presence of this condition also known as diffuse cerebral dysfunction is a problem when it goes undiagnosed and can have long lasting, permanent effects in some cases. 

The symptoms of minor traumatic brain injury (diffuse cerebral dysfunction) that the injured person typically has are as follows:

1) difficulty concentrating; 2) mood swings; 3) headaches; 4) blurred vision; 5) difficulty remembering (short term memory loss).  This list is not exclusive and other similar symptoms may present.

The types of minor traumatic brain injury or diffuse cerebral dysfunction are 1) reversible and 2) irreversible.  If you have been in an accident and you are experiencing any of the above symptoms it is vital that you see a neurologist as soon as possible.  If the problems persist it is important that you press your neurologist and request the neurologist refer you to see a neuropsychologist.  A neuropsychologist is a subset of neurology and this practitioner is critical in determining whether your diffuse cerebral dysfunction and cognitive deficits are traumatically induced (caused by your accident) or not.

You, the injured person, is the only one who truly knows your body and mind and it is important to be aware of the warning signs of this undiagnosed condition of minor traumatic brain injury.  If gone untreated this traumatic injury could have long lasting or permanent effects.  It is important to note that the impact sustained in the accident does not necessarily need to be a major one.  Seemingly minor jerking motions can, and often do, result in minor traumatic brain injury.  A lawyer experienced in these types of cases is a good ally to have.

If you or anyone you know was involved in an accident and believe minor traumatic brain injury is the cause of suffering please call the traumatic brain injury lawyers right away.

Car accident law and injury lawyer helpline

Wednesday, May 12th, 2010

Car Accident Information

The Bronx, Staten Island, Brooklyn, and the whole City for that matter, are host to a substantial number of horrendous car accidents and collisions. New York’s laws relating to injuries due to car accidents and collisions take into account, in many ways, the high density population of New York City. With a high density population comes the inevitability of increased amounts of car accidents and collisions.

Learn the law from an auto injury lawyer

Understanding New York law concerning car accidents and what to do after an accident makes all the difference.

Injury lawyers in Mahattan, the Bronx and all of New York from the Personal Injury Legal Helpline will help you navigate through the many frequently asked questions you may have such as:

1) Who pays the medical bills and lost wages from work; and
2) What to do after a car accident?

Contact our car accident injury lawyers today for a free, confidential consultation.

TRUCKING ACCIDENT – LAWYERS, LAWYERS, ATTORNEYS, ATTORNEYS

Tuesday, February 12th, 2008

Trucking accidents often come with severe injuries and a plaintiff’s inability to return to work.  Many times, the large verdicts discussed below in the National Legal News January 18, 2008 article reflect the remaining lifetime earning capacity of an individual.  Despite the difficulty of many motorcycle cases and a jury’s general negative feelings towards the owner and operator of a motorcycle, there was an excellent result in a verdict of fifteen million seven hundred thousand ($15,700,000.00) dollars. 

The publics general misunderstanding that large verdicts such as this are a windfall and essentially a lottery ticket are misplaced when one reviews the conservative estimates of the lifetime earning capacity of an individual and his current inability to work and support his family who depend on him to survive.  After all, this is what insurance is for.  We should all remember that tort reform takes away the rights of injured persons.  Notably, there have been various instances where a politician has caved to the special interests of insurance companies and passed tort reform laws to limit the rights of injured persons only to reverse their positions.  They reversed their positions and the law because they or a family member have personally experienced injuries and were not afforded fairness under the current law.

The article reviewed below is an example of our judicial system operating just and fairly for the injured.  My hat is off to the jury.  Well done. 

01/18 – National Legal News

A Los Angeles County jury has awarded $15.7 million to a man who was hit by a dump truck while riding his motorcycle in the San Fernando Valley.

View Full Article

Jurors awarded plaintiff Barry Bowman, a 62-year-old security guard and former Los Angeles police officer, $11 million for his pain and emotional distress caused by the accident, which occurred in October 2004. They also awarded him $4.7 million for his medical expenses and lost income.

Bowman’s attorney, Michael Alder, says that Bowman suffered brain damage as a reult of the accident and now requires round-the-clock care.

According to Bowman’s lawsuit, the dump truck involved in the accident was operated by Tommie Wyatt Trucking, a company that had been hired by the city to transport asphalt.

During the trial, city attorneys disputed the city’s liability in the accident by arguing that the vehicle’s driver had finished working for the day and was not on a job site when the incident occurred. They also contended that the truck was traveling at 2 mph when it struck Bowman. Alder, however, claimed that it was moving at 14 mph.

The case went to trial after attorneys for both sides could not reach an agreement, Alder said, adding that city lawyers were unwilling to offer more than $50,000 to settle the case.

The city is currently deciding whether to appeal the verdict.

The fact that the city is currently contemplating whether to appeal is telling.  I suspect that they will not appeal as they are taking a huge risk in my opinion. 

Call the aggressive, caring lawyers toll free at 1(800)WE-FIGHT and visit us on the web at www.1800WeFight.com or use our free “Ask an Attorney” email service.

Gas Tanker Crash, Fire Closes LI Expressway – Call an attorney at 1(800)WE-FIGHT

Monday, January 7th, 2008

Gas tanker crashes are becoming more coming, especially in high density areas in New York.  Filing a suit agains gas tanker companies can raise some complexity as the company or companies involved are usually out of state.  This may raise the legal issue of dealing with a personal injury civil suit in federal court (as the defendant will almost certain remove the case to federal court).

As such, it is important to retain a lawfirm with experience in these types of cases so they are ready to defend against and/or preempt a motion to remove the case to federal court.

Another issue that you contend with in these types of cases as a lawyer is the statute of limitations.  Depending on what state or what court, (state or federal level), the case ends up in will control the statute of limitations on the case.  Thus, the proper preparation and legal research is critical

If you or a loved one has been injured in a gas tanker accident please call us today, do not delay as the law limits the amount of time you have to file a claim.

Traumatic Brain Injury – Call a lawyer at 1(800)WE-FIGHT

Monday, January 7th, 2008

Traumatic brain injury is a devastating experience for the injured party and their family.  However, there is a similar condition most injured persons involved in an accident do not know about.  It is a condition known as diffuse cerebral dysfunction or minor traumatic brain injury.

It is important to realized that diffuse cerebral dysfunction comes in two type, reversible and irreversible.  Whether it is traumatically induced or not is for a doctor to determine.  But it is critical that a person injured in an accident know the warning signgs which are, including but not limited to: difficulty concentrating, mood swings, short term memory loss (becoming suddenly forgetful about things), headaches and difficulty sleeping.

A shocking fact about minor traumatic brain injury is that the accident does not require a violent impact.  A simple jerk of the neck or bump on the head can cause it and result in a lifetime of struggle and permanent damage.  Once an injured accident victim understands the risks and realizes they need to see a doctor immediate examination by a doctor and treatment (if needed)  is critical.  A doctor known as a neurologist and then a neuropsychologist is the appropriate medical professional to see.  I would advise to first see your primary care doctor with your symptoms or complaints and have him or her determine whether a referral to a neurologist is the correct medical strategy.

If you or a loved one is experience the above symptoms and believe you might have minor traumatic brain injury from an accident your were involved in call an experienced brain injury lawyer right away.  The longer you wait the more difficult it will be to make you whole again.

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