Wrongful Death

Buffalo Car Accidents Caused By Driving While Fatigued

Published on: September 28, 2021 | By Dietrich Law Firm P.C.

Asleep-at-the-wheel-300x194 According to the National Sleep Foundation, roughly 50 percent of all adult motorists admit to regularly driving while feeling tired. Approximately 20 percent confess to dozing off behind the wheel during the last 12 months, and over 40 percent admit to falling asleep at some point in their driving careers. These shocking figures reveal just how prevalent driving while tired is. However, many drivers fail to realize the extreme dangers involved with falling asleep behind the wheel. The National Highway Traffic Safety Administration (NHTSA) reported that, in 2017 alone, drowsy driving resulted in more than 91,000 accidents, which caused around 50,000 injuries and 800 fatalities.

What Makes Drowsy Driving So Dangerous?

Fatigued driving drastically intensifies the risk of crashing. When drivers doze off for even just a few seconds, they can easily smash into another vehicle or run off the road. The severity of these collisions increases even more at high speeds. Getting behind the wheel while sleep-deprived is dangerous even if the driver does not fall asleep. Studies demonstrate that lack of sleep causes mental impairment that is similar to being drunk. This impairment can make motorists inattentive, easily distracted, and worsen decision-making abilities. Additionally, it delays reaction times, making it more challenging to avoid unexpected driving hazards.

Buffalo Car Accidents Caused By Distracted Driving

Published on: September 21, 2021 | By Dietrich Law Firm P.C.

DISTRACTED-DRIVER-300x200 According to the National Highway Traffic Safety Administration (NHTSA), more than 2,840 victims suffered fatalities in distracted driving accidents during 2018 alone. Roughly 9 victims are killed each day in the 1,000 plus car crashes involving distracted drivers. It is no surprise that the Governor’s Traffic Safety Committee reported distracted driving as the leading contributing factor in New York State collisions.

What Is Considered Distracted Driving?

Distracted driving happens much more often than you would imagine. Anything that removes a driver’s complete attention from the road is considered distracted driving. Suppose a driver looks at something other than the road, takes their hands off the wheel, or even thinks about something other than driving. In that case, that driver can be regarded as distracted. Below are some common examples of distractions while driving:

Most Common Car Accidents In Buffalo, New York

Published on: September 14, 2021 | By Dietrich Law Firm P.C.

Rear-End-Accident-300x200 Car crashes can range in severity from minor cuts and bruises to total paralysis and even death. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, over 36,000 victims died in car accidents. The actual injuries suffered depend considerably on the nature of the accident, the speed of the cars, the type of vehicles involved, and whether or not the occupants were wearing their seatbelts. Unfortunately, many victims suffer long-term effects from car accidents that outlive their initial visits to the emergency room.

The 5 Most Prevalent Types of Car Crashes

To better protect you and your family from suffering a devastating accident, it is crucial to be aware of the common types of collisions. Below, the Dietrich Law Firm P.C.’s highly experienced team has listed the most frequently occurring car accidents along with tips to avoid them:

The Most Common Violations Of Vehicle And Traffic Laws

Published on: June 22, 2021 | By Dietrich Law Firm P.C.

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At a minimum, all drivers are expected to obey New York State’s Vehicle and Traffic Laws and exercise reasonable care to avoid any accidents. While getting a ticket can be frustrating, traffic violations can lead to severe accidents and resulting injuries. When drivers violate the law and collisions result, they can be found negligent per se. Although there is no foolproof way to avoid every accident, driving cautiously and obeying traffic regulations is the best way to keep you and others safe.

Avoiding Five Highly Prevalent Traffic Violations

Speeding: Traveling over the speed limit is the most common traffic violation. Speed limits exist to prevent accidents and save lives. According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 9,400 victims who suffered speeding-related fatalities in a single recent year. It is important to remember that speed limits are the maximum rate you can travel by law. It is also imperative not to drive too fast for the given road conditions.

Cuomo Repeals COVID-19 Liability Protections for Nursing Homes

Published on: April 13, 2021 | By Dietrich Law Firm P.C.

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The Dietrich Law Firm P.C.’s compassionate team would like to take a moment to remember all of those who have lost their lives during the pandemic. Our hearts go out to those families who lost loved ones after being exposed to COVID-19 in nursing homes. In the pandemic’s early days, Governor Cuomo’s directive placed residents in substantial danger by admitting COVID-19 patients discharged from hospitals into long-term care facilities. The mandate prohibited nursing homes from testing any patients admitted to determine their level of contagiousness. In exchange, health care centers were provided with blanket immunity from COVID-19 liability.

The Repeal’s Implications for Nursing Home Victims

Liability protections allowed health care centers to cut corners and jeopardize vulnerable patients while increasing profit margins. The immunity law eliminated a significant deterrent that loved ones of nursing home residents had to protect their family members from neglect and mistreatment. Critics have pointed out Cuomo’s questionable motivations as the Greater New York Hospital Association, an influential lobbying group, donated lots of money to his campaign.

Court Clarifies Important FELA Claim Liability Issues

Published on: March 30, 2021 | By Dietrich Law Firm P.C.

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A recent Third Circuit Court ruling in Carmen Rosa Gomez v. Norfolk Southern Corporation, et al. (Case No. 2:17-cd-00231) could be a defining moment for some Federal Employers Liability Act (FELA) claims. The case was brought by the widow of a lift truck operator who was crushed to death in a work accident. Eleven defendants, including the Norfolk Southern Railway (NSR), are parties to the lawsuit. The court’s ruling on who can be considered a common carrier and an employer may have larger implications by potentially expanding the types of defendants who can be named in future FELA claims.

Court Ruled Against H&M and NSR

A truck collapsed on top of the plaintiff’s husband while he was unloading a shipping container from a railcar. When the accident occurred, the plaintiff’s husband was an employee of H&M International Transportation, Inc. (H&M), a contractor hired by NSR to manage operations at the terminal. The widow made several allegations against the defendants, including FELA claims against H&M and NSR. In summary judgment motions, both defendants asserted that they should not be named in a FELA claim. H&M argued that it was a contractor, not a common carrier, while NSR contended that it was not the decedent’s employer.

Navy Vet Died After A Police Officer Knelt On His Neck

Published on: March 4, 2021 | By Dietrich Law Firm P.C.

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Another police-related fatality has recently gained national attention largely in part because it seems to reverberate the murder of George Floyd. As you may recall, Mr. Floyd was killed after a police officer kneeled on his neck, sparking national protests against police brutality and racism. The family of Angelo Quinto, the Asian American who died after a brief encounter with police, filed a lawsuit against the Antioch Police Department (APD). A spokesman for the APD told reporters that there is an ongoing investigation into the man’s death.

The Wrongful Death of Angelo Quinto

In 2019, Mr. Quito was honorably discharged from the U.S. Navy. The 30-year-old man frequently suffered from paranoia and anxiety attacks. According to Cassandra Quinto-Collins, Mr. Quinto’s mother, she called the police to their Northern California home because her son was in the middle of a serious mental health crisis and needed help. Shortly after arriving, one of the responding police officers knelt on Angelo’s neck while the other handcuffed him. Ms. Quinto-Collins, was there watching the police and trusted they knew what they were doing. Meanwhile, Mr. Quinto pleaded with the officers, “Please don’t kill me. Please don’t kill me”. After nearly 5 minutes of the officer kneeling on the victim, he lost consciousness and was rushed to the hospital by ambulance. Unfortunately, Mr. Quinto never regained consciousness and died 3 days later at the hospital.