The FDNY said 21 people have been taken to Bellevue and Beth Israel Hospitals to be evaluated for neck and back injuries. One person was not hospitalized.

It happened at the Bed, Bath and Beyond on 6th Avenue near 18th Street. Authorities say the freight elevator dropped three floors to the ground around 7:00 a.m.

“The elevator it fell down, that’s it,” a man injured in the accident said. “It felt like we were jumping.”

No word yet on what caused the elevator to drop.

At Newman, Anzalone & Newman, LLP., we provide our clients quality legal counsel in a broad variety of legal matters within New York City, Queens, Brooklyn, the Bronx, Staten Island and the surrounding areas of Long Island and Westchester County. From straightforward issues to serious litigation, we can provide you the experience and confidential advice you need to maneuver through the laws of New York.

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To better understand the difference between “driving” and “operating,” consult with your New York DWI lawyer who can explain the charges against you and how the evidence in your case does or does not fall within the bounds of the law. Having said that, the following article may be a starting point to educate yourself so you can vet your case with your counsel and he or she can properly advise you.

Operation of a Motor Vehicle

While driving a motor vehicle is certainly operating the same, if the engine is running, but the automobile is not in motion, is it being operated? For example, if it is a bitter cold night and you decide to sleep off your intoxication in your car and you turn the engine on to pump up the heat, are you operating the vehicle as it is sits idling? Certainly, the car is not in motion and it is not being driven. So are you operating that car?

Assuming your case went to trial, a judge will substantially instruct a jury (by utilizing the New York jury instructions revised in 2008) as follows:

“A person also operates a motor vehicle when such person is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion, and when the motor vehicle is moving, or even if it is not moving, the engine is running.”

The jury instructions further address “operating” in a footnote for the court’s review:

“The purpose of the revision was to provide a clearer definition of ‘operates’ by removing the language ‘for the purpose of placing it in operation’ and replacing such language with ‘for the purpose of placing the vehicle in motion.’ See People v Alamo, 34 NY2d 453, 458 (1974); People v Marriott, 37 AD2d 868 (3d Dept. 1971); People v. O’Connor, 159 Misc.2d 1072, 1074-1075 (Dist.Ct., Suffolk, 1994). See also People v. Prescott, 95 NY2d 655, 662 (2001).”

As you can tell from reading this excerpt, the “old” law defined “operation” as the “purpose of placing it in operation.” The new instructions changed the definition to one that specifically requires putting the vehicle into motion. The difference is clear and critical. The new language requires that your intent be to not merely have the car running, but to actually have the intent to put the vehicle in motion, ie, to drive the automobile.

Don’t get too excited about the above jury instruction and case law. While the law requires that “operation” include an intent to put the vehicle in motion and the prosecution must prove this element beyond a reasonable doubt, merely stating that you lacked the intent will likely not be convincing. It is the facts and evidence before the court and jury that will be crucial. Was the car in a parking space on the street? Had the steering wheel or tires been moved to point outward? Was the heat running? Was your seat belt on? What did you say at the time of your arrest, if anything? While the law may be on your side, your New York DWI lawyer will still want and need corroboration of your intent in some capacity. Just stating you had no intent to move the vehicle may not be enough even though the prosecution has all of the burden. Regardless, an experienced New York DWI and DUI attorney will do his or her best to craft a defense around this intent (or lack of thereof).

The bus had just reached the outskirts of New York City on a journey from the Mohegan Sun casino in Connecticut when the crash happened. The driver told police he lost control trying to avoid a swerving tractor-trailer.

As many as 20 passengers were treated at area hospitals. Seven were in critical condition, according to police. Several were in surgery later in the day.

The crash happened at 5:35 a.m., with some of the 31 passengers still asleep. The bus scraped along the guard rail for 300 feet, toppled and crashed into the support pole for a highway sign indicating the exit for the Hutchinson Parkway.

The pole knifed through the bus front to back along the window line, peeling the roof off all the way to the back tires. Most people aboard were hurled to the front of the bus on impact, fire chief Edward Kilduff said.

The southbound lanes of the highway were closed for hours while emergency workers tended to survivors and removed bodies.

Chung Ninh, 59, told The New York Times and NY1 News that he had been asleep in his seat, then suddenly found himself hanging upside-down from his seat belt, surrounded by the dead and screaming. One man bled from a severed arm.

Ninh said when he tried to help one bloodied woman, the driver told him to stop, because she was dead. “Forget this one. Help another one,” he said the driver told him. He said he and other passengers who were able climbed out through a skylight.

New York Police Commissioner Raymond Kelly said police were still looking for the truck, which did not stop after the crash. He said the truck was in a lane to the bus’ left, although it was unclear whether the two vehicles touched.

Kelly said both the bus and the rig were both moving at “a significant rate of speed.”

Limo driver Homer Martinez happened on the scene moments after the wreck and saw other drivers sprinting from their cars to assist the injured.

“People were saying, `Oh my God. Oh my God,’ holding their hands on their heads,” Martinez said. “I saw people telling other people not to go there, `You don’t want to see this.’”

Capt. Matthew Galvin of the NYPD’s Emergency Service Unit was one of the first rescuers on the scene. He said when officers clambered into the wreckage, they found “bodies everywhere.”

“People were moaning and screaming for help,” he said. Some of the dead were tangled up with the living.

Though dazed, about seven people were able to walk away from the wreck on their own, he said. Galvin said that in his 22 years on the job, “It’s probably the worst accident I’ve ever seen in terms of the human toll.”

The southbound lanes of I-95 were still closed Saturday afternoon. The wreck also closed the northbound side of the highway, but those lanes were open again by midmorning.

The National Transportation Safety Board said it was sending a team of investigators.

After the crash, firefighters took out seats and cut through the bus roof to reach a handful of passengers pinned in the wreckage. Kilduff called it “a very difficult operation.”

Many of the passengers on the bus were Chinatown residents. They ranged in age from 20 to 50, officials said.

Fifteen were being treated at Jacobi Medical Center in the Bronx. A hospital spokeswoman, Barbara DeIorio, said some injuries were serious but had no immediate information on how many were gravely hurt. Five more were taken to St. Barnabas Hospital, where two were on life support, breathing with the assistance of machines.

“We’ve had skull fractures, rib fractures … internal bleeding, we’ve had lung contusions,” said Dr. Ernest Patti, senior attending physician at St. Barnabas.

The bus driver was “awake and conscious,” Patti said.

World Wide Travel, the operator of the bus, said it in a statement that the company was “heartbroken” and cooperating with investigators.

“We are a family-owned company and realize words cannot begin to express our sorrow to the families of those who lost their lives or were injured in this tragic accident. Our thoughts and prayers are with them,” it said.

Federal Motor Carrier Safety Administration records listed World Wide Travel as having at least two other accidents in which people were injured in the past 24 months. The agency flagged the company for possible extra scrutiny due to violations involving driver fatigue regulations.

The bus was one of scores that travel daily between Chinatown, in Manhattan, and the Foxwoods and Mohegan Sun casinos in southeastern Connecticut.

Mohegan Sun, in Uncasville, Conn., has estimated a fifth of its business comes from Asian spending and caters to Chinese-American gamblers. Its website has a Chinese-language section offering gaming and bus promotions.

By JIM FITZGERALD and TOM HAYS, Associated Press

http://news.yahoo.com/s/ap/us_tour_bus_accident

http://newyorkcity.injuryboard.com/mass-transit-accidents/fourteen-killed-in-new-york-city-bus-crash.aspx?googleid=289208

Injuries that occur on a construction site can often be severe. If an accident does occur it is going to be beneficial for the suffering to get a construction accident lawyer as soon as possible. Injuries that occur on a construction site can lead to a worker missing months of work at a time and without the services provided by a construction accident lawyer the individual who suffered the injury is not likely to get the compensation that they should rightfully have. Not receiving proper compensation will no doubt put a strain on an individual being able to properly support and provide for his or her family.

If an employee who failed to provide proper safety standards has injured you, you are more then likely entitled to compensation and should contact a construction accident lawyer immediately. A construction accident lawyer will have the experience, knowledge and the skills that are needed to fight for you and the compensation that you deserver in the court of law. A construction accident lawyer can help you get the settlement that you need to cover any medical expenses resulting from your accident as well as living expenses that need to be covered while you are injured and unable to work.

If a slip and fall accident occurs in any type of store a slip and fall lawyer recommends that you keep the following things in mind. First and foremost make sure that you have not been seriously injured and do not need to seek out immediate medical attention. If you do not need medical attention right away find the store manager so that you are able to file an accident report. Look around the area that you fell. In addition make sure to take pictures of where the accident took place as well as any injuries, bruises, cuts or scrapes that were a result of the sip and fall. If there were any witnesses that saw the accident occur try to obtain their contact information, as their testimony may be useful at a later time. A slip and fall lawyer also strongly suggests seeing if the store has a video camera that may have caught the accident on tape. All of this information will help a slip and fall lawyer build a case. Make sure to get in touch with a slip and fall lawyer as soon as possible.

Slip and fall lawyers also highly recommend filing a police report of the incident. Again, make sure to get the services of a slip and fall lawyer as soon as possible as they will be able to support and guide you through the difficult and tedious process. Prior to meeting with a slip and fall lawyer make sure to have all the detailed information that you need including where the fall happened, how the fall happened, the type of footwear you were wearing, if there were any witnesses, and any accident or police reports that you filed.

A quality slip and fall lawyer will meet with you for a free consultation to go over your accident step by step. Do not risk losing whatever compensation you deserve by taking matters into your own hands. Get the services of a competent, reputable slip and fall lawyer.

New York accident lawyers state that there are a number of reasons why medication errors occur. It can be the result of poor communication between doctors and pharmacists, confusion with two drugs that have similar names or spellings, bad labeling on prescription bottles, one individual accidentally getting another’s prescription or even a careless mistake by a nurse or doctor who has been overworked and is exhausted. Whatever the reason for a medication error it may be necessary to take some sort of legal action.

Medication errors are going to happen and if they do you should contact a New York accident lawyer immediately. A New York accident lawyer will be able to explain to you exactly what your rights are and what actions you will need to take in order to be compensated for your suffering.

A New York injury lawyer reports that over one hundred thousand motorists were injured in 2009 in over three hundred thousand accidents. Over two hundred individuals lost their life in such related accidents and over forty thousand were injured.

During these harsh winter months a New York injury lawyer reminds motorists to drive responsibly and follow the driving tips mentioned below:

-Don’t speed.
-Avoid being distracted. Do not use your cell phone while driving.
- Make sure to wear your seat belt.
- Do not tail gate the motorist in front of you.
- Make sure to drive defensively. Keep a safe distance from other drivers and pay attention to any sporadic driving from other motorist.
- Make sure that your vehicle is well maintained with tires that are suitable for slippery road conditions.
- If the weather gets to bad do not be afraid to pull over until the weather lets up.

Unfortunately no matter how prepared or how careful drivers are accidents are still going to happen. If you are in an auto accident make sure to get in touch with a New York injury attorney as soon. A New York injury attorney will be able to closely work with its clients and decide what the best course of action should be. Not all auto accidents are black and white and an experienced New York injury attorney will do the best possible job assessing an auto accident and then determining what the best course of legal action should be.

Under General Obligations Law §11-101: “Any person…injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawfully selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages.” Under this law the seller of alcoholic beverages such as a liquor store, or bar can certainly be held responsible when it comes to a DWI or DUI related auto accident.

An auto accident lawyer will work closely with their clients so that they are able to learn everything that led up to the accident and give their client the best chance of getting a favorable outcome. By not obtaining the services of an experienced, reputable auto accident lawyer an individual will not be able to exhaust all the evidence that is necessary to win a court case. An auto accident lawyer will do the necessary and not so easy leg work to determine whether or not the drive who caused the accident was intoxicated and if they were whether their could be a suit filed against another part as a result of the Dram Shop Act.

A criminal lawyer reports that the Florida man would get all sorts of investors from all type of backgrounds for his money-laundering scheme. The culprit tried to plea with the judge stating that he was to old and sick to be sentenced to fourteen years in prison and that prison would be to harsh for him to survive. The judge quickly reminded the defendant that many of his victims of his money-laundering crime were also sick and old. While the man was ordered to return all of the money he stole, the rich lifestyle that he led left him with very little money to pay back to his innocent victims.

A criminal lawyer notes that many of the victims entrusted this man with all of their hard earned life savings in hope that his return on investment to them would enable them to live a richer and more comfortable life style.

A criminal lawyer states that while this money laundering scheme involved much more money then most money-laundering scandals these laundering cases are becoming more and more frequent. If you find yourself the victim of such a scheme it is necessary to contact a criminal lawyer as soon as possible. A criminal lawyer will be able to offer support and the professional guidance necessary to help through such a difficult time. By obtaining the services of a criminal lawyer an individual gives himself or herself the best chance of getting a favorable outcome in the court system.

Do not let someone in charge of a money laundering scandal get away with his or her careless and reckless action. If you have fallen victim to such a crime take your own action and get the services of an experienced criminal lawyer.

The Insurance Institute of Highway Safety report s that since 1982 there has been a forty percent decline in the number of people who were killed as a result of a DWI crash. However over the past five years, the number of fatalities resulting from driving while intoxicated or under the influence of drugs has slowly started to increase. The most common time for these types of accidents to occur is between the hours of midnight and 3am. The Insurance Institute of Highway Safety also reports that male drivers who are between the ages of 21 and 40 are most likely to die in a drunk driving accident.

A New York DWI lawyer reports that in 2009 there were over eight thousand reports of alcohol-involved car accidents that left over 140 people dead and well over 4000 people injured. In addition there were over 500 reports of car accidents that were related to drug use.

The aftermath of one way crashes like the ones reported from Long Island are likely have especially severe outcomes. If you or someone you know have been involved in an accident and you believe that the cause of it may be a result of drug or alcohol abuse it is essential that you obtain the services of a New York DWI Lawyer. Without the help guidance and assistance of a New York DWI lawyer it is not likely that proper justice will be served. The worst possible thing that an accident victim can do is to take matters into there own hands. Get the expertise of a New York DWI Lawyer if you have been involved in an alcohol or drug related car accident.