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Accidents happen. All too often, unfortunately. Construction sites are known for unfortunate accidents leading to injury and, at times, death. This goes for road construction, building, industrial or commercial constructions, etc. The risks involved in any of these sites throughout the US are prevalent. What is unique about parts of New York is that the “typical” construction sites are much more ambitious (think highrises, larger crews involved, tight schedules) and, therefore, riskier, than they are in other parts of the state and the country.

Have you found yourself in a situation due to an accident, and you would like to learn more about your rights and what you can expect?

We are here to help. Contact us at (315) 500-6425 to learn more about how we can help you with your specific case.

What are Some Common Types of Construction Accidents in New York?

Fall accidents are typically the most common construction accidents in the entire country, including New York. There are multiple safety measures in place to avoid this, and safety is incredibly important on any and all construction sites due to the risky nature of the work. According to the Occupational Safety and Health Administration, OSHA falls on construction sites are the most common cause of death in New York.

Falls can occur not only from tall surfaces (highrises, scaffolding, etc.) but also lower to the ground, such as off a large piece of equipment or into an unprotected hole or trench.

The second most common construction accident is being struck by an object. In some cases, this can lead to death as well. Equipment can malfunction, people can get caught between two large pieces of equipment and be crushed, loose materials can fall and strike the employee, and vehicles or heavy equipment on the site can run over employees as well without proper safety measures in place.

Electrocution is another leading cause of accidents and deaths on construction sites. Some sites have faulty wiring or wiring that is improperly grounded, leading to electrocution. Other causes are wet conditions or working too close to power lines without the proper safety precautions in place.

How Else Do Construction Accidents Happen in New York?

Scaffolding Injuries are another common cause of injuries and deaths on construction sites. Scaffolding can become damaged over time and malfunction, it can endure damage when moving from one job site to another, and it can be assembled improperly, making it unsafe. It can also become incredibly unsafe due to weather conditions. As the weather changes, the surface can become slippery and create another safety hazard.

Heavy equipment injuries are another main cause of accidents on the construction site. Having experienced operators trusted to run the equipment well and safety must be a priority, but with deadlines and, in some cases, insufficient training, things can go wrong quickly. Workers can be caught in between or below the heavy equipment, causing injury or death.

Why Do I Need an Attorney?

No matter the details that led to your accident, our team has years of vast experience in these cases. Let us help you understand your rights and what to expect moving forward. Contact us today at (315) 500-6425 to learn more about your options.

Some people will hesitate to even begin the process of an appeal due to how long they think it will take to resolve. If you or a loved one has been wrongfully convicted or needs to attempt to overturn a decision made by the courts, having an experienced team of attorneys to help you navigate this process can help to set your mind at ease. They can also help to streamline the process, thereby saving time and money when moving forward.

How Long Does An Appeal Process Take?

The length of time on a state level for an appeal can vary based on the specifics of the case and how straightforward it is but generally is about 12-24 months. Roughly six months of this is factored in for the amount of time you are waiting to hear back on your appeal. This amount of time can vary greatly depending on the current court’s schedules happening in your specific county, making the timing of the process difficult to narrow down.

What Does the Appellate Division Do?

The Appellate Division will issue a written decision stipulating how to proceed. They can either affirm the court’s judgment, resulting in no change. They can modify the judgment and specify what modifications they are making to the decision. They can overturn the original decision, allowing for the reversal of the charges in question. They can remit the case back to a lower court with specific instructions, and they can also dismiss the case. Dismissal is usually due to errors made during the appeals procedure and also another reason to have an experienced lawyer to rely on.

Passalacqua & Associates, LLC has many years of experience in helping clients through their appeals process, helping them to streamline it, and generally saving you time. Contact them at (315) 500-6425 for a free strategy session to learn more about how they can help you.

Why Do I Need a Lawyer?

The appeals process itself can feel like a second language to most. There are specific sets of rules involved for each level (state or federal), each county, and across several categories of charges obtained. If these specific rules aren’t followed appropriately, it can result in your appeal being denied altogether, or at the very least, making the process longer.

Having an experienced team by your side to help you from start to finish throughout this process can allow peace of mind, as well as save you time and money.

At our law firm, we have a team of trusted attorneys that have years of experience in helping clients with their appeals process. Contact us today at (315) 500-6425 to learn how we can help you, too.

Personal Injury Protection, or PIP insurance coverage, is required by law in New York and typically covers medical expenses. Being a no-fault state, like many other states, having this coverage allows accident victims to receive compensation for their injuries, regardless of who was at fault for the accident. This PIP coverage is generally an aspect of a comprehensive auto policy.

If you have been involved in an accident or want to learn more about PIP and what the requirements are in New York, contact us at (315) 500-6425.

What Is Covered Under PIP Insurance?

PIP covers three main areas: medical expenses, death benefits, and economic losses the victim incurs as a result of an accident. The minimum amount required by the state is $50,000, and many people increase this amount as they are then able to recover up to the larger amount should they find themselves in need of coverage after an accident. If the injuries you sustain are significant such as a broken back, for example, medical costs can far exceed $50,000, and therefore having coverage up to a higher amount can be beneficial to you.

PIP also covers passengers in the vehicle during an accident as well as the insured’s family members. If the driver themselves is uninjured, but the passenger is injured, they can file a claim against the driver’s PIP and be compensated for their injuries.

Are My Medical Bills Covered Under PIP Insurance?

Medical costs can include ambulance transportation, surgical and medical expenses, physical rehabilitation, x-rays and MRIs, and more. Economic costs/losses are also covered. If you are unable to work due to the injuries sustained in the accident, PIP insurance can cover lost wages up to a certain point, so you are able to remain financially stable during your recovery. Lost wages can be covered for up to three years, as a certain percentage of your income, up to your policy’s limit. Death benefits are also covered by PIP, meaning the surviving members of the family (should a car accident result in your death) can be compensated to cover funeral expenses and burial costs.

Why Do I Need to Hire Injury Attorneys?

Having an experienced team on your side from the beginning stages post-accident is prudent in preserving your rights and obtaining compensation for you or your family. Beginning this process is timely, as there are guidelines in place that must be followed in order to ensure you can obtain accurate compensation. At our law firm, we have many years of combined experience in accident cases, and we can help to make sure you receive the compensation you deserve and can get back to your life. Contact us today at (315) 500-6425 to learn more about your options and how to get started.

Accidents happen all too often, but the process following them doesn’t have to be as time-consuming or headache-inducing as you may think. Following a few steps right after the accident can help you in obtaining compensation, if necessary, and get you back to your life. Operating a leased vehicle during an accident poses a few more steps that you should consider to help alleviate stress in the future. Obtaining your police report is an important step, as you can use this to file a claim for your PIP coverage. Next would be contacting the leasing company to notify them of the accident. They may request a copy of your police report, so obtaining this first can help in this regard as well.

If you have been involved in an accident in New York and want a trusted team on your side to help walk you through this process, contact us at (315) 500-6425. Having experienced attorneys from the beginning to help you discuss the events with your leasing company, obtain compensation, and more can be invaluable to you during an already stressful time. We look forward to your call.

What Can I Expect From The Leasing Company?

Contact the leasing company or dealership and notify them of the accident. They will have guidelines in place as to what they require based on your lease terms and can communicate these items to you. Being the leasing company owns the vehicle, rather than you, they have rights to how the vehicle is repaired and other regulations in place regarding their vehicle.

In almost all cases with a lease, upon the end date of the lease, your vehicle will need to be inspected for damages/repairs, and you could incur costs to fix these items. Having an accident reported quickly and following their regulations or wishes as to how to repair the vehicle from the start can alleviate possible extra fees incurred upon the end of your lease should you choose to repair the vehicle yourself and it doesn’t meet their inspection requirements.

What Is Gap Insurance?

Gap insurance is a type of automobile insurance that covers the “gap” between the amount your insurance company pays for your car and what you still owe on your loan or lease. For example, if you have a car that’s worth $10,000 but you still owe $15,000 on your loan, your gap insurance would cover the $5,000 difference.

Some leases also require Gap Insurance, which can be important should the leased vehicle be totaled out. This can mean the difference between you being responsible for the remainder of the costs beyond the fair market value of the totaled vehicle or the insurance company.

Why Do I Need a Lawyer?

Some people prefer to manage these situations on their own, and that is ok. Generally speaking, accidents themselves can create unnecessary stresses whether you have sustained injuries or not if you are unprepared for the process.

We have many years of combined experience in accident cases. Our experience allows us to help you prepare for the steps ahead, including negotiating with the lease company, obtaining compensation for your injuries, and more. Contact us today at (315) 500-6425 to get started.

If you have been in an accident, it is an unfortunate situation that many others just like you have experienced. You can help to make sure you can obtain what is deserved by having a few key pieces of information in place. One of these is the police report regarding your accident to use as proof in filing a claim and utilizing your PIP coverage. This is beneficial in beginning the process to make sure you can receive compensation for injuries sustained and missed wages and also make sure your family or others in the vehicle can receive adequate compensation as well.

If you have been involved in an accident in New York and want to learn more about your next steps and options, contact us at (315) 500-6425. We are a team of trusted attorneys who have years of combined experience in helping people just like you.

How Do I Obtain My Police Report?

There are a couple of ways in which to obtain your police report after an accident. One of the easiest ways is to request a copy online through the NYPD website. This can be emailed or mailed to you. There may be fees involved when going this route. Many people prefer to request their report in person, as this means fees are waived. If you prefer this option, inquire which precinct you need to visit based on where the accident took place (you can call the precinct and confirm based on the location/intersections prior to your arrival), and your report can be printed for you. This also alleviates waiting for it to arrive or the potential to get lost in the mail. Filing claims are timely in order to ensure you are able to receive the compensation you deserve, so having the report in hand in the earlier stages is important.

Why Do I Need Attorneys?

Navigating the steps after an accident can feel daunting, even if no injuries were sustained during the incident. Accomplishing these steps on top of possible injuries you have sustained, schedules shifting due to medical care you may need to receive, missed work, and more can take additional time that you may not have to complete the tasks and obtain compensation.

Is It Worth Hiring a Lawyer?

Having a trusted team by your side to help streamline the process right from the beginning can save you time and, in some cases, money, by getting it right the first time. At our law firm, we have many years of combined experience in accident cases, and we can help to make sure you receive the compensation you deserve and can get back to your life. Contact us today at (315) 500-6425 to learn more about your options and how to get started.

In short, the answer is no. There are several factors to consider when answering this question, however. Have you or a loved one been involved in an accident in a crosswalk? Are you wanting to clarify your rights and obtain justice for yourself or a loved one? As straightforward as this question may seem, there are several facts to consider in determining whether or not you or the driver had the right of way. In some cases, while you are looking to get your questions answered, you may be out of work with medical bills piling up as a result of your injuries. Having a trusted team of attorneys at your side to help you navigate this process can help you to obtain the justice and stress relief you deserve.

We are here to help. Contact us at (315) 500-6425 to learn more about what your options are and discuss how to get started.

What are the Rules or Laws Regarding Crosswalks?

Generally speaking, pedestrians have the right of way in crosswalks and intersections, whether marked or unmarked. Drivers should allow the pedestrian to cross before driving through the intersection, as well as when that driver is pulling out into a street, leaving a parking space/structure, and the like.

Pedestrians are expected to follow the rules of the “walk” or “don’t walk” signals, where applicable. These are not only set up for safety but are to be treated similarly to stoplights and are taken into consideration in right-of-way cases.

If there is a sidewalk provided, pedestrians are expected to use it. In the absence of a sidewalk, pedestrians can walk on the shoulder facing traffic as it makes them more visible to oncoming traffic and helps themselves and drivers maintain safety.

Pedestrians are not allowed in areas such as highways, expressways, interstates, etc. They are also not allowed on entrance ramps or exit ramps.

Who Has the Right of Way at a Traffic Light?

At stoplights where the “walk” signal is available, pedestrians should utilize this time to cross. In cases where the green light and the “walk” signal happen simultaneously, the driver should yield to the pedestrian when turning left or right, as pedestrians have the right of way even if the light is green.

There are several other exceptions, including those set in place for blind or visually impaired persons in crosswalks, pedestrians crossing at intersections not clearly marked, pedestrians that are soliciting rides or business, when traffic signals aren’t in working order in crosswalks, and more.

How Can a Lawyer Help Me?

There is not an easy or black-and-white answer to whether or not pedestrians always have the right of way in New York. As you can see, there are several factors at hand, and the specifics of your case will determine what options you have. Contact us today at (315) 500-6425 to learn more about your options and how we are able to help.

As in most states, Driving While Intoxicated or a DWI, is a serious offense in New York State. Each case is unique, and therefore the details of your situation and the outcome can’t be guaranteed, but there are a few options to consider. In some cases, the charge can be reduced to a DWAI, Driving While Ability Impaired, and in other cases, it can be dismissed altogether.

Having a trusted team of attorneys with experience in DWI cases can be invaluable to you, regardless of the details. Relying on someone who has multiple years of dealing with these cases, the knowledge and experience to guide you through the process, and the drive to help you find the best outcome for your situation is what we are here for. Contact us at (315) 500-6425 to get started.

What Are Some Reasons to Get the Charges Dismissed?

There are a few situations that allow for the option to get the DWI charge dismissed. They are discussed below.

Officers must have probable cause to arrest you in the first place. This can include things like their observations of the scene and evidence they obtained of the scene and of you during the stop. They can utilize field sobriety tests and preliminary breath tests to prove impairment/intoxication. Law Enforcement must have sufficient evidence or probable cause to arrest you, and if it is determined that they didn’t have this, the evidence further obtained at the police station can possibly be suppressed, which may result in your charges being dismissed.

Officers also have to follow a required protocol to take a breath test. Much like Miranda Rights, there are rules in place that the officer must follow to obtain this evidence, and if the right steps aren’t followed (such as having gum or chewing tobacco in your mouth or following the observation period), this could be cause for the charges to be dismissed.

How Else Can I Get the Charges Dismissed?

A DWI charge could also be dismissed if it isn’t proven that you were operating a vehicle while intoxicated on a public highway. There are specifics involved as to what constitutes a public highway in New York, and if the location of your arrest isn’t considered a public highway, this may be cause for dismissal as well.

Law Enforcement must also prove that you had the intent to move the vehicle. There is specific information regarding this that your attorneys can discuss with you in relation to your case. There are some scenarios where the charges were either dismissed or reduced due to the person sitting in their car to warm up, for instance, rather than having the intent to move the vehicle.

Finally, the officer must provide proof of reasonable suspicion to pull you over in the first place. If it is not proven that there was reasonable suspicion to pull you over, there may be cause for the evidence obtained thereafter to be suppressed, and therefore the charges are either reduced or dropped entirely.

How Can We Help?

There are several ways in which the options to have your charges reduced or dismissed could arise. Each situation is different, so there are no guarantees, but we are happy to help you get started by discussing the specifics of your case. Contact us today at (315) 500-6425.

As we all now know, the COVID-19 virus has us in a panic. The news has been reporting that curfews have been imposed in some cities that have further restricted a people’s movement. Businesses have been closed temporarily. We have been hearing phrases like “state of emergency,” “shelter in place,” “social distancing” and “curfews”, but what do they all mean and how will/can they be enforced.

We know that the United States Constitution grants us a freedom of movement and a freedom of assembly under the First Amendment. A State imposed curfew obviously restricts that and in most cases when the government, usually a municipality, tries to impose a curfew it has been struck down as unconstitutional. One recent and public example in when Rochester in the mid 2000’s, tried to impose a curfew on minors in an effort to curb criminal activity. This law was struck down as unconstitutional and discriminatory, as there was no data that showed that a juvenile curfew lead to any discernable decrease in crime.

However, the government does have the ability to impose a curfew on its citizens in very limited situations, which include states of emergency, natural disasters, public health crisis or an ongoing civil disturbance. In the past, Baltimore and New Orleans have imposed such lawful curfews during natural disasters and public unrest. Given the pandemic state that we are in now, it would seem that any action that Governments take with regard to setting a curfew or other restrictive Orders would be warranted under the law.

Under the Executive Section of the New York Consolidated Laws, Article 2-B Section 24, the State and Local governmental entities are authorized to set a curfew for its citizens in an effort to keep them safe and allow the government to perform essential functions until such time as the situation is under control. But that does not mean that they have the power to lock people in their homes for extended periods of time without justification or explanation. The law is very specific with regard to certain procedures that must be followed.

After it has been determined that there is an imminent danger and that the public’s safety is imperiled, a state of emergency is declared. At the outset, this state of emergency shall not exceed thirty (30) days, but can be extended for additional thirty (30) day periods as the Governor sees fit. During this time the Chief Executive may promulgate local emergency orders to protect life and property, or to bring the emergency situation under control. This expressly allows for the establishment of a curfew and the prohibition and control of pedestrian and vehicular traffic, except for emergency vehicles and personnel. Also included in the law is the regulation/closing of places of amusement and assembly as well as the suspension or limitation of the sale or distribution of alcoholic beverages. This is how all of our restaurants and bars can be shut down or mandated to carry-out service only.

As for the restriction on bars and restaurants, New York City estimated about 3,000 inspections took place Monday, when the rule was implemented. Of those, 300 warnings and three violations were issued.

When hearing about all of these closures on the news, what they have not told you is that under subsection (i) of the law, no suspension of these privileges can exceed five (5) days, provided however, that upon reconsideration of all the relevant facts and circumstances, the suspension may be extended for additional five (5) day periods during the state of emergency. Subsection (ii) states that no suspension shall be made which does not safeguard the health and welfare of the public and which is not reasonably necessary to the disaster effort.

Now here is the kicker and the question that everyone has been asking: What happens if I refuse to abide by the curfew, the order to close my business or any other aspect of these Executive Orders??

Subsection (5) of the law states that “Any person who knowingly violates any local emergency order of a Chief Executive, promulgated to this section is guilty of a class B misdemeanor.” What is not listed in the statute is the imposition of any specific penalty for disobeying the Order. Typically, under the Penal Code of New York, a Class B misdemeanor is punishable by up to 90 days incarceration in the County jail. This, however, would not be a violation of any penal code, though it carries that similar criminal classification. Notwithstanding the same, we do believe that it would be within the power of the counties and local governments to put certain language into their local laws and codes that would authorize the imposition of fines for such activities.

In Pennsylvania, Governor Tom Wolf also extended his shutdown on Monday to the entire state of Pennsylvania in an effort to halt the spread of the virus. However, he also stated that he will not send the National Guard or State Police to force businesses to close.

Governor Tom Wolf went on to say “[p]eople will be making their decisions what they do with their lives all across the commonwealth for the next days and weeks and months. What we ought to do is think not what should we do in terms of what the law is, but what should we do in terms of what we owe to our fellow citizens.”

We anticipate this to be the trend, as Chief Executives and Law Makers do not truly wish to impose any additional financial hardships on these businesses or other citizens at this time, it is being used in an attempt to make people understand the significance of this virus and convince them that it is in their own best interest to shut down and stay home.

Long story short, what we have been telling our clients, is that everyone knows the significant inconvenience this pandemic has caused us all. Some people still think that it is overkill, but it is for the greater good and if the government tells you to stay in your house or close your business, then the best course of action is to do so. Risking what could be a very significant fine ($10,000+ in some cases) and/or a misdemeanor criminal conviction, is not a risk we are advising people to take.

Stay safe, stay informed and be decent human beings.

Call 315-500-6425 Or click here: Contact us today

To continue with the theme from my last post, the New York Times did a study on the benefits of expunging an individual’s criminal record. Although expungement is not available in New York, those convicted of crimes can have their record sealed from the vast majority of potential employers.

The Times found that the consequences of a conviction can last for decades after an individual has been sentenced and done their time. People with criminal records face major barriers to employment, housing and education.

Criminal justice reform, specifically in New York has focused on finding policy tools that can lower these barriers. The most controlling potential device is the expungement of criminal convictions from one’s criminal record. This seals the conviction from public view, removes them from databases, and ends most of their legal effects.

Up to 36 states have laws permitting expungement. Most only allow expungement depending on the number of convictions and the type of crime on commits. The individual usually has to wait years after completing their sentence and go through an elaborate process to have their records cleared. This is very similar to New York’s sealing process, as one has a 10-year waiting period with no criminal conduct to even have his application looked at for sealing.

In February, a bill was introduced in California, allowing automatic expungement of misdemeanors and minor felonies after completion of a sentence. In Utah, an automatic expungement bill is close to passing. These developments follow the first major automatic expungement law, which passed in Pennsylvania last summer.

Even with the landscape shifting toward automatic expungement, the main concern of many is that employers, landlords and others have a public safety interest in knowing the criminal records of those they deal with.

Little to no studies have been put forward to deal with the true effects of expungement. The Times’ study of expungement laws dealt specifically with the state of Michigan. Michigan has an expungement law that uses the traditional nonautomatic expungement approach.

All of the Times’ findings strongly support efforts to expand the accessibility of expungement.

People who got expungements tended to do very well. They found that within a year, their wages go up more than 20 percent. This gain was mostly driven by unemployed individuals finding work and minimally employed people finding sounder positions.

The recidivism rate for those with expungements were found to be at very low rates. The finding was considerably lower than those of Michigan’s general adult population. That may be because expungement decreases recidivism.

Another reason may be that expungement beneficiaries aren’t high risk to start off. Michigan requires a waiting period before expungement (five years after completion of sentence). Research indicated that people with records who go numerous years without another conviction are unlikely to re-offend.

However, barely anyone got expungements. Michigan only grants about 2,500 a year compared to the huge number of criminal convictions per year.

Few people actually met the legal requirements necessary. For those who did qualify, only 6.5 percent received expungements within five years of becoming eligible. Michigan judges have discretion to reject applications, but the bigger reason was over 90 percent of those eligible don’t apply.

Why? Most people don’t even know they can get an expungement, or don’t know how to do it. Many also cannot afford lawyers to advise them throughout the process. The procedure is long and complicated, requiring visits to police stations and courthouses. The fees (In Michigan usually total close to $100, minus transportation and time off work) are a barrier for people of lesser means. Many people with records often had painful interactions with the judicial system, making most want to avoid the situation altogether.

The low rate of applications for expungement is consistent with the difficulties that poor Americans face in dealing with the legal system. When the state makes it too hard or costly for citizens to exercise a right or opportunity, it’s no different from denying that right or opportunity. Most people won’t be able to help themselves without some guidance.

The Times’ research was clear: Obtaining an expungement should be made as simple as possible. States should follow the approach of Pennsylvania and the new California and Utah bills, and make expungement automatic once the legal requirements are met.

The results showed that expungement is a powerful tool for improving outcomes for people with records, without risk to public safety. Lawmakers are going to need to make it much simpler and convenient for people to use that tool and get a new start to life.

See if your record can be expunged.

Call 315-500-6425 Or click here: Contact us today

Over the past 4-years, our team at Passalacqua & Associates, LLC, have been dedicated to providing excellence in customer service resulting in many happy clients. In doing so, our commitment and focus has taken us on a fabulous journey of growth – both personally and for our business.

We are pleased to announce that our law firm has been named a 2020 Law Firm 500 Honoree awarded to the Fastest Growing Law Firms in the US. Although this recognition is calculated on growth, it could not be possible without the continued operational excellence and commitment to client service exhibited by our team each and every day.

We are ranked 36th on the 2020 Law Firm 500 and have grown 256%, since 2016!!

We are pleased to announce that our law firm has been named a 2020 Law Firm 500 Honoree awarded to the Fastest Growing Law Firms in the US. Although this recognition is calculated on growth, it could not be possible without the continued operational excellence and commitment to client service exhibited by our team each and every day.

We are ranked 36th on the 2020 Law Firm 500 and have grown 256%, since 2016!!

Thank you so much to our loyal clients, and partners who have supported us as we have grown. “ “It’s such an honor to be recognized, and an even larger honor to be able to help so many people in our local communities.” – Nicholas A. Passalacqua, Esq. Founder of Passalacqua & Associates, LLC”

The Law Firm 500 Award is an honor for our firm to receive and a tribute to our team. Of course, we could not have achieved this truly remarkable accomplishment without our devoted team members Nicholas Passalacqua, Christopher Hameline, Mark Chieco, Jennifer Springer, Christina Tuttle, Sara May, and Katie Kimberly. Each in their own way has contributed to making this achievement possible.

As we continue to grow, we encourage you to follow our progress and stay in touch! You can view the full list of 2020 Law Firm 500 Honoree firms here: https://lawfirm500.com/2020-award-honorees

See if your record can be expunged.

Call 315-500-6425 Or click here: Contact us today