Archive for the ‘Cell Phones’ Category

Call for a Nationwide Ban on Cell Phones and Texting While Driving

Friday, December 16th, 2011

Author: Rosenberg & Gluck, LLP

CNN announced Tuesday, December 13, 2011 that the National Highway Transportation Safety Administration (NHTSA) called for a nationwide ban on texting and cell phone use while driving, except for emergency calls. This announcement is NHTSA’s boldest move to date for reducing cell phone use and texting.

Cell phone statistics backing the proposed ban
 
A December 8, 2011 CNN article entitled Millions of drivers won’t hang up, study shows provides statistics that explain some underlying reasons for the recent requested ban. A federal study indicates:
 
 One in 20 drivers use cell phones at any given time
 One in 100 drivers are observed sending text messages or manipulating digital devices
 During daytime hours, 13.5 million drivers are on handheld cell phones
 Cell phone use and texting steadily increase despite new laws and publicity about dangers
 One tenth of all 2010 fatalities involve distracted drivers

Researchers suspect distracted driving fatalities are actually much higher than the study revealed. A lack of witnesses frequently makes observing cell phone use difficult.

While NHTSA has influence as a respected government agency, it has no power to legislate a nationwide ban, not federally or at the state level. Just as state governments legislate DUI and other traffic laws, cell phone restrictions have also been state mandated. The outcome of NHTSA’s call for a nationwide cell phone ban while driving remains to be seen. At this point the matter is open for debate and various sectors are weighing in with their views.

Protect your rights

Seek legal help as soon as possible, if you suffer serious injury or a loved one is killed in a car accident.  Other driver distraction through texting or cell phone use often indicates negligence and may be grounds for a lawsuit.  A Suffolk County car accident attorney (lilawyer.com) can begin interviewing witnesses and preserving evidence immediately.

 

Social Media Details Can Turn into Evidence in Court Cases

Tuesday, November 22nd, 2011

Author: Rosenberg & Gluck

Most people never consider that private details exchanged with family and friends in emails, on Facebook, or Myspace could turn into court evidence. Yet, while social media sites and your own emails allow you to be selective about who you invite or who receives your communication, courts have ruled otherwise.

Kathleen Roman v. Steelcase Inc.

The New York Supreme Court allowed defendant access to social media information in the 2010 case, Kathleen Romano v. Steelcase Inc.  The plaintiff, Kathleen Romano sought damages for back and neck injuries she claimed reduced her enjoyment of life. The injuries were caused by a fall from a collapsing chair, sold by Steelcase, a Michigan furniture company. Her claim indicated she was homebound and limited in activities, yet her daughter’s Facebook and Myspace posts discussed that she and her family enjoyed a Florida vacation. The Steelcase insurance company defense counsel motioned to compel the social media pages and the judge allowed it.

Fourth Amendment rights

The Fourth Amendment guarantees people the right to” be secure in their persons, houses, papers, and effects against unreasonable searches and seizures” without probable cause. The doctor-patient privilege protects communications with physicians, which cannot be used legally against you. The federal Stored Communications Act often protects social networks against turning over personal information.  However, as defense teams find penetrable chinks in the digital armor, people should be wary of what they post and consider the legal perspective.  If you consider pursuing a personal injury lawsuit in New York, consult experienced Long Island car accident attorneys and get further legal advice about social media communications.

How To Choose A Personal Injury Lawyer

Monday, December 13th, 2010

How to Choose a Personal Injury Lawyer

One of the most difficult decisions the victim of an accident has to make is who to choose as their attorney. While there is no shortage of lawyers who will promise just about anything in an effort to entice you to become their client, making an informed decision can be difficult. The fact is, not all lawyers and law firms are equal. Who represents you is an important decision since to whom you entrust your case will have a huge impact on the outcome.

Some questions you should ask are:

What type of cases do you handle?

The law, like medicine and many other fields, has become increasingly specialized. While there are lawyers who would like to think they can handle just about any type of case, the truth is you are better served by a law firm that only handles the type of case you have. If you have been injured, retain a personal injury law firm. If you had a broken bone you wouldn’t go to a dentist. For the same reason, if you need help with a personal injury matter you should seek help from someone that only handles matters like yours. All of our firm’s efforts are focused on representing injured clients without the distraction of other types of legal matters. At Rosenberg & Gluck personal injury is all we do.

Does the firm have the resources to handle every aspect of your case in a timely manner?

Properly handling a personal injury case can involve the expenditure of tens of thousands of dollars and hundreds of hours of legal work. Expert fees, investigations, trial exhibits, and a host of other necessary expenses add to the costs of successfully prosecuting a case. Many firms simply cannot afford to thoroughly prepare their cases by making these expenditures of time and money. A lawsuit is not the place to cut corners. While smaller firms often cannot devote all the time and resources that a case requires, Rosenberg & Gluck is a substantial, well established firm with the personnel and resources to battle the insurance companies.

Does the firm have the personnel with the right experience handling cases like yours?

Rosenberg & Gluck is comprised of six experienced attorneys, complimented by a staff of seasoned paralegals and legal secretaries. The founding partners have each been representing the injured for almost 30 years. Our firm has successfully handled thousands of cases for the injured. Day in and day out, for decades, our lawyers and support staff have helped thousands of people whose lives have been affected because of their injuries.

How often does the firm go to trial on cases like yours?

Whether a law firm has the experience to try your case before a judge and jury is critical. This is important because ultimately you will be faced with making a choice between accepting whatever the insurance company offers you or taking your case to trial. The fact is that most lawyers either never try cases or rarely do; insurance companies know better than anyone which attorneys actually take cases to trial. Many lawyers simply write letters and serve some legal pleadings knowing full well they have no intention of actually fighting in court for their clients. Rosenberg & Gluck takes a different approach. We believe that each case should be treated as if it will go to trial. While this approach is more work for the attorney, the client benefits whether or not the case is actually tried. It really is just common sense; you either take the insurance company’s settlement offer or go to trial. If the insurance company knows your lawyer rarely goes to trial or is not a talented trial attorney, why should they make you a fair offer? There are only a handful of insurance company lawyers on Long Island that handle the vast majority of cases. The lawyers for Allstate, State Farm, GEICO, Liberty Mutual, and Progressive know which lawyers are in court every day fighting them and which lawyers just take what is offered. So when it comes to selecting a law firm to represent your interests ask, “When was the last time you actually went to trial on a case like mine?” “How many years experience do you have handling cases like mine?” The lawyers at Rosenberg & Gluck routinely go to trial on personal injury cases. We are in court almost every day fighting for our clients. In fact, we have been successfully trying cases like yours for decades.

What success has the law firm had in court with cases like yours?

Rosenberg & Gluck has a long standing and distinguished record of success in the courtrooms of Long Island. We are members of the prestigious Multi-Million Dollar Advocates Forum. This organization is only open to those lawyers who have obtained multi-million dollar results on individual cases. We are also rated “AV” by Martindale-Hubbell. This is the highest possible rating for ability and ethics as judged by other lawyers on Long Island. Our success is well recognized by judges, defense lawyers and other law firms. So much so that they have referred their family and friends to Rosenberg & Gluck for representation. Of course, not all cases will result in awards in the millions, but we have had remarkable successes on cases of all sizes, cases that many firms would not take to trial, cases that other lawyers would settle for whatever the insurance company offered. Simply going to trial is not enough; your lawyer should have years of experience handling cases like yours on a daily basis. We have decades of experience and thousands of satisfied clients. If you want a law firm that has both extensive experience and a record of success then Rosenberg & Gluck is the firm to choose.

New State Law Bans Texting and Emailing While Driving

Friday, November 6th, 2009

Many, if not most, of us have cell phones or other personal digital assistants (PDA) and we take them with us while we drive.  A law has been on the books for some time now that makes it illegal to drive while using a cell phone without a hands-free device.  Governor Paterson recently signed a law that makes it illegal to operate a motor vehicle while using any portable electronic device while the vehicle is in motion.  This new law took effect on November 1, 2009. 

 

The law defines “portable electronic device” to include the following: hand-held mobile phone, personal digital assistant (PDA); handheld device with mobile data access; laptop computer; pager; broadband personal communication device; two-way messaging device; electronic game; or portable computing device. 

 

The law also defines the term “using” to mean the following: viewing, taking or transmitting images; playing games; or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data. 

 

There are some exceptions to this law.  The law will not apply if you are using the portable electronic device for the sole purpose of communicating with an emergency response operator; hospital; physician’s office or health clinic; ambulance company or corps; fire department, district or company; or police department.  Also, the law will not apply to police officers, peace officers, members of a fire department, district or company, or the operators of authorized emergency vehicles while these individuals are performing their official duties.  

 

If you are ticketed for breaking this law, you may be punished by a fine up to $150.  In order to be ticketed for breaking this law, you must have committed another offense such as speeding, disobeying a traffic signal or some other violation. 

 

At one time or another, you have probably seen someone texting or emailing while they drive.  These drivers are distracted from what should be their primary focus – driving.  Too many accidents occur because a driver is distracted – don’t let that driver be you. 

CONTACT US TODAY

631-451-7900
Free Initial Consultation

1-888-LI-LAWYER
(1-888-545-2993) Toll-Free

MAIN OFFICE

Rosenberg & Gluck, L.L.P. Attorneys at Law
1176 Portion Road
Holtsville, New York 11742
Phone: 631-451-7900

Map & Directions

Testimonials

Read what other people have to say about the firm