Tragedy for Motorcycle Rider and Driver

Distracted Driver Causes Bad Crash

Another Car Accident With Massive Injuries Involving a Disabled Vehicle in the Roadway

Trucker Who Killed Woman in Crash Was Watching Porn on Laptop

Fatal Car Accident in Perry Teaches Harsh Lesson

Mother, Baby Killed in Bad Weather Accident

Allowing Police to Draw Blood At Roadside on Suspected DWI Cases is a Horrible Idea

     The recent article in the Rochester Democrat and Chronicle  proposing to allow police officers at traffic stops to use a syringe to draw blood from a suspected drunk driver should be placed in the category of "worst ideas EVER".
     While drunk drivers are a menace and a hazard, there is no reason, at least in New York state, to authorize police officers to perform what is essentially a medical procedure.  I don't care how much training officers might get, the prospect of cops taking blood samples at the side of the road is a horrible idea under any measure of common sense.  Aside from the hazard of injury to the motorist by an ill-performed procedure, which could include transmission of AIDS or HIV, the risks alone to the officer drawing the blood outweigh any perceived advantage to the prosecutors or the public.  If you were the police, would you want to take blood from a potentially intoxicated and/or potentially violent individual in the confines of the back seat of a police car?

     In New York, police authorities may take a person suspected of drunk driving to appropriate medical professionals who can draw the blood under proper conditions.  The law also provides for the blood to be drawn under authority of the court in certain situations.  The law also allows police to arrest individuals for drunk driving without proof of the individuals blood alcohol content.  Why put the health of police officers and motorists at risk  when there is no reason to do so?
     As a lawyer having represented many, many people injured in accidents caused by drunk drivers and the families of those killed by drunk drivers, I can tell you that I can't think of a single instance when I have been prosecuting a personal injury case against a drunk driver where a difference would have been made in the case of the cop on the scene drew blood.  Such a procedure isn't needed in New York and is not worth the risks to all invovled.

Livingston County teen killed in drunk driving accident

My heart breaks for the family of Katie Stanley of West Sparta, Livingston County.  Katie was killed by a drunk driver in a two-car accident on August 14th in Genesee County.   Ronald Wendt of Alexander has been charged with second degree vehicular manslaughter and driving while intoxicated.  It is alleged that he caused the accident by making a left turn in front of the vehicle in which Ms. Stanley was a passenger, causing the accident.

I have no idea what the evidence is against Mr. Wendt presently, but based on experience, I would bet that a sample of his blood was drawn by police investigators, and that the forensic test done on that blood will be the chief piece of evidence in the case.  If it turns out that Mr. Wendt was intoxicated, he must be sent to state prison.  I don't care if he doesn't have a prior record, or if he is universally regarded as a nice young man.  In order to discourage other young people from drinking and driving, he must be punished harshly.

Unfortunately, we hear every summer of some local young person(s) needlessly killed by an equally young intoxicated driver.  As the father of three young boys, two of whom are teenagers, I want to be able to talk with them about poor Katie and about the time Mr. Wendt will spend in prison if convicted of vehicular manslaughter.  I want to scare the daylights out of them in the hope that they will not drink and drive or ride in a car with someone who has been drinking.  Am I selfish?  I don't think so, and I doubt Katie's family would think so, either.

No amount of money will bring Katie back to life or assuage her family's grief.  While I am certain that her family will justifiably will make a wrongful death claim against Mr. Wendt and his insurer, the amount of money they will receive will be a slap in the face to her heartbroken parents.  I say this from the experience of a lawyer having represented many grieving families in injury cases similar to this one,  and I have no doubt that Katie's family will not receive justice in the civil court system.  Let's hope that the criminal court dealing with this case will give the family the justice they deserve, while sending a strong message to young people that might save another family the anguish of burying their own Katie.

Monroe County DOT worker hit by car at worksite

Rochester Construction Worker Falls to Death

Another Hunter Injured in Fall from Gander Mountain Tree Stand

Gander Mountain Treestand Recall Due to Legal Action by Injured Hunter

Injury lawyer advises farmers, farm workers about common farm accidents.

     The good news is that the number of workers injured in farm related accidents in New York and around the country has steadily fallen in the last ten years, and particularly in the last two in New York.  The bad news is that  farming continues to be one of the most hazardous occupations, with numerous incidents resulting in death and serious personal injury.  The most likely culprits are tractor rollover and employees getting caught up in a power take off, or PTO.
     What can farmers do to protect themselves and their workers?  First, make sure all of your employees are paid on the books and covered by Worker's Compensation insurance.   If an off-the-books employee gets injured, in addition to a huge penalty imposed by Worker's Compensation (usually three times the amount you should have been paying Worker's Comp for all employees paid under the table during their term of employment), you will also be sued by the employee and his lawyer for his/her injuries, losing the protection from suit you would normally have enjoyed by paying the employee on the books and providing Worker's Compensation insurance.  Next, make sure that all farm equipment has the necessary safety devices attached and in operable condition.

     To avoid an accident, farm employees should always remember when working around equipment to keep their clothing and hair tucked in and avoid loose fitting clothes that could get caught up in a PTO.  If a tractor is missing a rollover bar or other piece of safety gear, don't use the equipment. 

Lawsuit Abuse Article in NY Daily News Raises Interesting Questions

Woman Attacked by Chimp Has Reasonable Argument for Large Award Against State of Connecticut

Justice Served Again In Case Involving Death of Geneseo Student