
Can I sue my employer for injuries I received while using a piece of equipment/tool while at work?
Another weekend in the Rochester are and another death caused by drinking and driving. It seems that these accidents just continue to pile up, despite the hundreds of millions of dollars spent on DWI education and "awareness". We are, as a society, aware of the potential tragedy caused by drinking and driving; we just don't seem to care.
Case in point: On September 19th, Dennis S. Rising and David T. Roehrig was seriously injured in Victor when Rising lost control of his car on a curve and struck a tree at about 4:30a.m. Police say speed, alcohol and lack of seatbelt use were factors in the crash. No doubt that Mr. Rising knew that drinking and driving accidents kill and injure tens of thousands in this country each year, but I suspect that Mr. Rising, like all of the others, just didn't think it would happen to him.
As for David Roehrig, let's hope he heals up and is able to move on with his life. He will almost certainly hire a lawyer and make a claim against Rising's insurance company to compensate him for his injuries. But hopefully he will use this incident to spread the word that yes, it can happen to you, too. Maybe then we will have fewer death and injury cases caused by DWI.
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.
An Insider's Guide to Avoiding Mistakes That Can Ruin Your Injury Case
The Ultimate Guide to Protecting Your Family From Irresponsible Drivers in New York
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