Godwin Hurley Donoghue, LLP

Buffalo Legal Issues Blog

Frontal lobe injuries may change your personality

When you were a child growing up in New York, your parents may have insisted you wear a safety helmet when you rode your bike or skateboard. It may have seemed uncomfortable or uncool, but if you ever took a spill, you may have appreciated the protection.

If you wear a helmet on the job or on your motorcycle, you certainly understand the added measure of safety it provides. However, in some cases, even a helmet cannot protect you from injury. Whether you are in a car accident or an accident at work, an injury to the frontal lobe of your brain can be devastating and result in life-long struggles for you and your family.

Workers' compensation can help provide for surviving family

Working in the construction industry is not without its risks. That is one reason safety equipment is mandated when working in a construction zone and why strict safety rules are in place at construction zones. Regardless of precautions taken, accidents can still happen in New York. A recent accident took the life of a construction worker in Queens. Workers' compensation exists to help workers and their families in case of accidents.

The man was working inside a building that was under construction. It was after lunch, and fellow workers found him unconscious. It appeared that a partially constructed wall had fallen on top of him.

Workers' compensation changing for farmers in New York

Agriculture plays a significant role in the economy of the state of New York. Grapes and apples are both significant crops in the state and a large workforce is required to maintain and, in particular, to harvest the fruit. Long hours are needed to bring in the crops and prepare them for market. Until recently, farmworkers were not covered under workers' compensation law.

The governor recently signed a bill into law that offers farmworkers the same kinds of workers' compensation benefits enjoyed by people in other industries. The legislation, known as the Farm Laborers Fair Labor Practices Act, mandates overtime pay, requires that a worker have a minimum of 24 hours off in a seven-day period. It also provides for workers to receive workers' compensation and unemployment benefits.

DWI charge is a horrible way to end a holiday weekend

The 4th of July is a time for celebrating the nation's independence and the summer season in New York and around the country. Hot dogs, apple pie and fireworks are considered by many to be the essential ingredients of a successful holiday. Facing charges for DWI would probably not be considered in that list.

Alcohol is a frequent guest at holiday celebrations, and on occasions, a person may not be aware of how much alcohol consumption can negatively impact his or her ability to safely drive a car. This can be particularly true of younger drivers who may not have as much driving experience as someone older. An accident can happen in the blink of an eye and can result in one facing serious charges.

Delivery bike riders face many risks on the road

Summer is here and city streets are crowded with assorted trucks, cars, bicycles and pedestrians. A great number of people choose to ride bikes to work in the good weather and drivers should remain alert and on the lookout for them in order to avoid motor vehicle accidents. In a tragic occurrence in New York, a young woman riding a bike was struck and fatally injured in an accident.

It was about 9:30 in the morning and the woman was on her bike and wearing a helmet when, according to witnesses, a truck hit her and did not stop. The woman was thrown up into the air by the force of the impact and landed a short distance away. Though she had been wearing a helmet, she suffered severe head trauma. She was transported to an area hospital but died as a result of her injuries.

Motorcycles are prone to motor vehicle accidents

The good weather has arrived in New York and motorcycles are out in force. They can be difficult to see and the potential for serious motor vehicle accidents involving them is not insignificant. A serious fatal accident happened recently near Albany.

A man was riding his motorcycle west on Route 5. A vehicle heading east made a left turn in front of the bike. The rider may not have had time to react to the car turning in front of him and he collided with the turning vehicle. Neither speed nor alcohol are currently believed to have contributed to the cause of the accident. The cause of the accident remains under investigation.

Railroad injuries and the FELA process

If you are injured on the job, chances are you have a lot of frustration and struggle ahead. Not only will you be dealing with your own recovery from your injuries, but you will likely be facing the complex process involved in a Federal Employers Liability Act claim.

In most industries, a workplace accident results in claims to a workers' compensation insurer. However, to hold the railroad industry to stricter standards of safety, the law allows injured employees to file lawsuits against their employers following an accident that resulted from safety violations or negligence. If you are in that situation now, you may have many questions about the FELA process and the outcome you can expect.

DWI mars holiday festivities

Memorial Day weekend marks the unofficial start of summer in New York. People fill the weekend with picnics, friendly get-togethers and remembrances for fallen soldiers. Often the picnics and other gatherings involve alcohol. People are not always aware of how the consumption of alcohol can impair their judgment behind the wheel. Tragic accidents can result and drivers also run the risk of being cited for a DWI.

An accident that happened Saturday afternoon near Clifton Park took the lives of two people and left three others with serious but not life-threatening injuries. The two people who died were both in their early 30s and were visiting the area from New York City. The couple were married in 2017.

Apparent ambulance theft may violate criminal law

Being charged with robbery in New York can be cause for alarm on many levels. What are the long- and short-term implications for one's future? What does it do to one's employment options if one faces jail time? What are one's rights while facing criminal law charges? All of this and more may be going through the mind of a man from the Wellsboro area who was recently arrested and charged with burglary and vehicle theft.

The alleged incident started early on a recent morning. A resident called in a burglary, and when officers responded, they found that a thief had apparently entered the home and searched it and then left after taking $52 in cash. A short time later, officers were called to an area high school and were told there was an ambulance on the lawn and that alarms were sounding. When the police arrived, they found chairs positioned in such a way that they may have been used to attempt to break a window.

Felony DWI charges result from additional factors

A drunk driving charge can lead to many complications. Dealing with the aftermath of an arrest and the potential penalties for a conviction can be stressful and fill one with uncertainty. However, when a DWI arrest includes exceptional circumstances, a New York driver may have even more to fear. Some factors can add to the severity of a DWI charge and may result in felony charges.

For example, police arrested a man for driving while intoxicated one recent afternoon. The 61-year-old man drove his car up to a police officer and asked a question. The officer apparently suspected the man had been drinking and observed him as he drove away. Reports indicate that the officer noticed the man's vehicle swerving between lanes, so he pulled the man over to investigate.

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