Another car accident and another fatality caused by drinking and driving

     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.

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.

Livingston County Man Dies After Being Struck by Car at Demolition Derby

Rochester Construction Worker Falls to Death

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. 

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