As people drive, go to work and go about their days, there are many potential risks that they could encounter which might result in injury or even preventable death. There are steps that can be taken by property owners, businesses and drivers which can reduce the risk that these preventable injuries and deaths will occur. A New York City injury lawyer often provides representation to those who have suffered harm as a result of a failure to take reasonable steps to prevent injuries. Individuals and businesses who do not take reasonable precautions can be held accountable and made to pay damages if their failures are the direct cause of a victim being hurt or killed.
States can help encourage individuals and businesses to do the right things when it comes to preventing harm by passing appropriate regulations. The National Safety Council recently conducted a state-by-state assessment to determine how well states were doing in terms of taking action and passing policies that prevent injuries and reduce risks. Unfortunately, no states earned an A grade and New York state only got a C in terms of the safety policies the state had passed.
New York Gets a “C” Grade for Safety
The National Safety Council considered state policies on road safety, workplace safety, and home and community safety. New York was lacking in a wide variety of different safety rules including:
- An administrative license suspension of at least 90 days for refusing to have a blood alcohol concentration test or for testing with a BAC of .08 or higher.
- A requirement that children be kept in rear-facing car seats until the age of 2 and child restraint or booster seats until the age of 8.
- Regulations on children left in hot cars.
- Good samaritan laws that protect people who come to the aid of unattended children.
- A total ban on cell phone use, including hands-free use, for all novice drivers.
- A requirement that older drivers renew their licenses in person.
- A mandate that all occupants of vehicles in all seating positions have seat belts on.
- A speed limit of 55 MPH maximum on urban interstates
These are just some of the policies NSC indicated New York was lacking in order to make its residents as safe as possible.
When there are policies in place to ensure safety and those policies are violated, it is easier for victims to obtain compensation for damages. A victim who is hurt won’t have to specifically prove negligence, as the violation of the safety policy can create a presumption of negligence. However, if there is no specific policy, the victim may need to prove the individual or company responsible for his injuries was unreasonably careless.
A New York City injury lawyer can assist victims in making their case for compensation and proving that the defendant was, in fact, in breach of a legal duty and thus should be held accountable for causing harm. Contact an attorney with Rosenberg, Minc, Falkoff & Wolff as soon as possible after an injury has happened so you can get help obtaining proof and making a claim for compensation.
