Chairman Debbie Hersman cited to the many statistics on alcohol-impaired driving; including its role in claiming the lives of 440,000 people over the last thirty years. The proposal to reduce the blood-alcohol threshold would help save between 500-800 lives annually, according to safety board reports and recent statistics. According to the NTSB reports recently reviewed, at 0.05 blood-alcohol content, some drivers begin having difficulties with depth perception and other visual functions, and the risk of having a car accident increases 39 percent.

Not everyone is in favor of this change. The American Beverage Institute, a restaurant industry trade group from Washington D.C., is vehemently opposed to this threshold reduction on the grounds that it is criminalizing responsible behavior. Opponents of this recommendation believe that it is more important to increase punishments for drunk driving, instead of making laws stricter. Their belief is that new restrictions do nothing to counteract drinking and driving, but rather, they make a larger number of responsible people susceptible to the new laws and the consequences of a DWI arrest and potential conviction.

As we have previously discussed on this blog, there are already new stricter penalties in place in the state of New York for alcohol related driving offenses. If this proposal of the NTSB is eventually adopted by the State of New York, it is unclear how it will affect the current penalties in place. At LaMarche Safranko Law, we are committed to staying informed and notifying our clients of the ever changing landscape of DWI law.

More often than not, these tragic accidents can be avoided by following the traffic signals and by taking proper precautions when crossing streets.  At LaMarche Safranko Law, we want you to be as safe as possible when walking/running on sidewalks and crossing streets.  Here are some tips from the Federal Highway Administration for being safe:  

• Always cross streets at intersections.  Not only is it much safer, it is also the law.  Depending on the town or city, jaywalking can actually be punishable by a fine or even time in jail! 
• Always use marked crosswalks.  Where available, marked crosswalks are far safer than unmarked intersections.  If an intersection doesn’t have a marked crosswalk,  try to find a nearby intersection that does. 
• Never cross in the middle of the street.  Drivers are never expecting pedestrians to cross in the middle of the street.  In addition, do not cross between two parked cars as it makes it difficult for you to see oncoming traffic, and even more difficult for drivers to see you.
• Follow the signs.  Traffic lights and crosswalk signals are there to keep you safe.  Always pay attention to them and follow their instructions.
• Pay attention to the weather.  In heavy rains or snow, it takes longer for cars to stop. Be mindful of this and wait additional time before crossing the street.
• Be Seen.  Whether it is in the rain or at night, make sure drivers can see you.  Wear bright colors in bad weather, or reflective clothing at night.  Make eye contact with stopped cars at intersections so they know you are there.
• Watch out for parking lots.  Sidewalks often border driveways, garages, and parking lot entrances.  If you approach an entrance, even on the sidewalk, look both ways before crossing.
• Take your time.  Never ever run into the street if you are in a hurry.  If it will take a few extra minutes to wait for that illuminated crosswalk, wait!  Nothing is that important to risk putting yourself in danger.

No matter how safe and informed you are, accidents can still happen.  The vehicle and traffic laws are complex, and the facts are unique to every accident.  LaMarche Safranko Law is giving away reflective bracelets to help runners/joggers/walkers be seen.  Please provide us an e-mail and contact information at info@lamarchesafrankolaw.com to receive a bracelet.  If you have not done so already, please like our LaMarche Safranko Law Facebook page.

Congratulations George and to all his fellow winners!

http://www.bizjournals.com/albany/blog/2013/03/business-review-names-40-under-40.html

Andrew Safranko Interview on Fly 92.3

In keeping with our passion for athletics and community service, we have thoroughly enjoyed sponsoring many athletic teams, including the Waterford Youth Council baseball and soccer teams and a Capital District flag football team. We also enjoyed sponsoring and participating in a number of charity golf outings which benefited many worthy causes, including the Ronald McDonald House and The Children’s Hospital at Albany Medical Center. Additionally, members of LaMarche Safranko Law have taken part in a number of road races and recently raised over $1500 with Team in Training for the Leukemia and Lymphoma Society.

In 2012, LaMarche Safranko Law joined other local businesses in sponsoring events such as:

• Albany JCC’s efforts to raise money for the Center’s Aquatics Program Handicapped Accessibility Project;

• Relay For Life of Southern Saratoga County;

• The Taste of the Capital Region at the Boys and Girls Club of Schenectady;

• The American Cancer Society’s Coaches v. Cancer Benefit; and

• The Juvenile Diabetes Research Foundation Celestial Ball.

LaMarche Safranko Law is proud to support these great teams and amazing events and to contribute to such worthwhile causes. We look forward to another year of inspiring and fun filled events.

Recently an appellate court addressed a claim brought by a steamfitter who was injured when he was installing a 250 pound pipe. While placing one end into a hanger, the other end broke loose from its hanger causing the pipe to strike the steamfitter in the head and knock him off the ladder. The court concluded that the property owners were responsible for the worker’s injuries because he established that his injuries were caused by a falling object and a fall from an elevation due to inadequate safety devices. Rzymski v. Metropolitan Tower Life Ins. Co.: AD3d (1st Dept. 4/24/12).

On the contrary, an appellate court recently determined that a worker did not have a valid claim where he lost his footing on a scaffold platform and injured his back while reaching forward to grab a pipe that had slipped from his hands. Because the scaffold did not shake or move and there was no debris on the platform the court determined that the worker’s injuries were not the result of an elevation-related risk requiring safety devices to protect against the dangers of gravity, nor was there any industrial code violation nor any unsafe condition. Winters v. Main, LLC: AD3d (1st Dept. 6/5/12).

The labor law is a complex area and the facts of each case must be closely analyzed to determine if a successful claim lies and under what section of the labor law. At LaMarche Safranko Law we represent injured workers and guide them through the legal process.

The regulations allow the DMV to conduct a lifetime review of a driver’s abstract and to deny the driver’s application for reinstatement of a license if the applicant has:

1. Five or more alcohol or drug related driving convictions in his or her lifetime, or

1. Three or more alcohol or drug related driving convictions in the last 25 years plus at least one other serious driving offense during that period.

Additionally, for any driver seeking reinstatement of a license after revocation who has three or four alcohol or drug related convictions in the last 25 years the DMV will:

1. Deny their applications for an additional five years after the revocation period if the applicant’s license was revoked for an alcohol or drug related offense; or two additional years if the applicant’s license was revoked for a reason other than an alcohol or drug related offense;
2. Restore the applicant’s license after that additional period as a “restricted” license limiting the applicant’s driving to, for example, travel to and from work or medical visits; and
3. For those drivers whose revocations stem from an alcohol-related offense, require an ignition interlock on the vehicle driven by the applicant for five years.

For more information on this topic: http://www.governor.ny.gov/press/09252012dwiregulations

A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. Selection for Best Lawyers is based on a peer-review survey comprised of confidential evaluations by the top attorneys in the country. Their lists of outstanding attorneys are compiled by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. If the votes for an attorney are positive enough for inclusion in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition.

Best Lawyers annual publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.” Congratulations Andy!

One of the most important rights that a suspect or a defendant has is his/her right to be represented by counsel.  The 6th Amendment to the U.S. Constitution states that “In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defense.”

Thus, once the police have been told by a person that he/she would like to speak to a lawyer, the police must stop all questioning regarding criminal allegations, and afford that person the right to speak to a lawyer before questioning can continue.

The law is clear that if the police continue to question an individual who has requested the assistance of counsel, any evidence obtained from that person is not admissible at a trial.

If you are a suspect or a defendant in a criminal case it is important to speak to a lawyer before speaking to the police.  Even if you think you are completely innocent, a lawyer will assist you in deciding if it is in your best interests to give a statement.

Whenever you are under investigation for a crime your freedom may be at stake.  Protect yourself by contacting a lawyer at LaMarche Safranko Law.

Our office handles many bodily injury automobile accident cases. Sadly, in far too many of these cases, the negligent driver (the person responsible for the accident) does not have enough insurance coverage to provide adequate compensation for the injuries, lost wages, and pain and suffering caused as a result of the accident. Fortunately, New York Insurance Law § 3420(f) allows for the purchase of Supplemental Uninsured/Underinsured coverage (“SUM”) to provide protection if you are in an accident and the owner and/or driver of the vehicle responsible for the accident does not maintain enough coverage to pay for your injuries.

In New York, the minimum insurance policy coverage requirement is $25,000 for each injured person, and $50,000 total per accident. All too often, many drivers are only obtaining this minimum coverage.

How does underinsurance work?

Here is an example: if you were involved in an automobile accident because another driver ran a red light, and you sustained multiple fractures, were hospitalized for some period of time, required treatment at a rehabilitation facility, have permanent consequences from these injuries and are no longer able to maintain your employment, you would be entitled to a significant monetary award. However, if, after suffering these devastating injuries you learn that the driver that caused the accident only maintained a $25,000 policy limit, your maximum recovery for your injuries (no matter how catastrophic) from the insurance company will be $25,000. Any recovery above $25,000 would have to be obtained from the personal assets of the driver and are often very difficult to collect.

If you have underinsurance in an amount in excess of $25,000, you would be eligible to recover additional money from your own policy’s SUM coverage.

As an example, if you maintained $100,000 SUM coverage, you would be eligible to receive up to an additional $75,000.

You may purchase SUM coverage in an amount up to the bodily injury limits of your policy subject to a $250,000 per person or $500,000 per accident or a combined single limit policy of $500,000. You may also maintain SUM insurance with a maximum of $100,000 per person or $300,000 per accident or a combined single limit policy of $300,000 if you have a personal umbrella policy with limits of at least $500,000 which also provides SUM coverage.

If you do not have underinsurance or do not maintain sufficient insurance coverage, you should contact your insurance agent as soon as possible. For a small amount of money added to your insurance premium, you can have the peace of mind that you and members of your household are protected if involved in an accident with someone that has either no insurance or limited insurance.

If you have been injured in a car accident or have any questions regarding Underinsurance, contact the attorneys at LaMarche Safranko Law.

Penalties associated with Drinking and Driving

DWAI

Driving While Ability Impaired is a violation. A person convicted of a Driving While Ability Impaired violation faces up to 15 days in jail, a 90 day license suspension, a fine between $300 and $500 as well as mandatory minimum court surcharge of $255.

DWI

DWI is a misdemeanor. Any person who operates a motor vehicle with a blood alcohol content .08 or greater will be charged with DWI. A person convicted of a first time DWI faces up to 1 year in jail or 3 years probation, a 6 month license revocation, a fine between $500 and $1000 as well as mandatory minimum court surcharge of $395.

Aggravated DWI

Aggravated DWI is a misdemeanor. Any person who operates a motor vehicle with a blood alcohol content .18 or greater will be charged with an Aggravated DWI. A person convicted of a first time Aggravated DWI faces up to 1 year in jail or 3 years probation, a 1 year license revocation, a fine between $1000 and $2500 as well as mandatory minimum court surcharge of $520.

DMV Consequences

Any person who is convicted of a Drinking Driving related offense faces a DMV Driver Assessment penalty of a $750 one time payment, or $250 a year payment for three years.

This does not include fees related to an ignition interlock device.

Generally, in order to be successful with a slip and fall case, an injured person must establish:

● the premises was not reasonably safe;

● the owner of the property or its representative was negligent by not keeping the premises in a reasonably safe condition; and

● the owner of the property or its representative’s negligence in allowing the unsafe condition to exist was a substantial factor in causing an injury.

The bottom line is that property owners must maintain their premises in a reasonably safe condition.

Slip and fall cases are caused by many factors, however the most common types of cases occur because a property owner allowed some type of liquid or ice to accumulate on their property or failed to fix a defect on the property.

The absence of a handrail, the accumulation of ice or liquid, broken steps or even poor lighting are a few examples of conditions that may furnish a basis of liability if such conditions cause a person to fall and suffer an injury.

There are special rules associated with a slip and fall cases including time limitations for filing a claim. Additionally, in any negligence case and particularly in a slip and fall case, contacting a lawyer as soon as possible after the fall is very important, so an investigation as to the cause of your fall can begin.

LaMarche Safranko Law has successfully represented many individuals who have been injured in slip and fall cases. Recent settlements include a $105,000 recovery for an injured person who fell on ice at a convenience store and a $120,000 settlement for a woman who fell at an apartment complex.

Whether it’s the aisle of a supermarket, the parking lot of a store, the walkway of the gas station or the steps at a residence, property owners are obligated to take care of their property. If they don’t, and a person is injured, the law allows for compensation for injuries suffered.

If you have been injured in a fall, call LaMarche Safranko Law to inquire if you are entitled to compensation for your injuries and lost time from work.

LaMarche Safranko Law was pleased to secure a $400,000 settlement recently for an injured client who fell from a scaffold at work and suffered a serious injury to his lower back. He was only 29 years old at the time of the accident, and he worried how he would be able to support his family if he couldn’t go back to work due to his injuries. He also wondered if the limited support offered by worker’s compensation was his only option, or if he could file a lawsuit.

In fact, our client was not only able to bring a claim against the owner and contractor who failed to provide him with adequate personal protective equipment at work, but he was also entitled to money damages for the injuries he suffered.

In New York state, the law imposes absolute liability upon contractors, owners and their agents for employee injuries caused by a failure to provide proper protection under circumstances where working at elevated heights places employees at risk. The purpose of this law is to protect workers by placing the ultimate responsibility for work site / workplace safety on the owner and general contractor, instead of the workers themselves.

In securing the $400,000 settlement for our client, LaMarche Safranko Law established that the injured client was engaged in a protected activity: construction of a new building, which involved elevation-related risks. Our client was standing on a scaffold that had been provided at the work site for the purpose of enabling him to perform his work. That owner / contractor-provided scaffold collapsed, causing our client to fall and sustain serious and permanent injuries. As a result, our client was able to secure the money he needed and deserved to compensate him for his pain and economic loss.

If you’ve been injured in a fall at work, please call LaMarche Safranko Law to see if you are also entitled to compensation beyond the limited support worker’s compensation provides.

LaMarche Safranko Law’s unique focus is on personal service from the firm’s Partners, with over 20 years of combined experience serving clients.  Specific areas of practice include:

• Serving injured clients in the areas of Motor Vehicle Accidents, Construction Site Accidents, General Negligence, Premises Liability and Wrongful Death;
• Representing individuals and corporations in all areas of State and Federal Criminal Defense, Government Investigations, DWI, and Professional Discipline.

“The opportunity to join forces with Andy to leverage our collective expertise, common values and professional networks will only serve to increase the overall benefits to our clients,” LaMarche said.  ”Our shared vision of providing personal service from each case’s start to resolution is the reassurance and quality our clients deserve,” Safranko said.  ”We represent the next generation of leading-edge law firms.”

LaMarche Safranko Law PLLC is located at 1539 Crescent Road Clifton Park, NY 12065 and can be reached at (518) 982-0770 or by email (LaMarche) at gel@lamarchesafrankolaw.com or (Safranko) ars@lamarchesafrankolaw.com.
Both LaMarche and Safranko have been instrumental in recovering millions of dollars for clients in personal injury matters, in both New York State and Federal Courts.  They have represented thousands of individuals charged in local, State and Federal courts.

LaMarche began his law career at the E. Stewart Jones Law Firm, where he achieved Partner:  the firm’s first Partner outside the Jones family.  Most recently, LaMarche was the Managing Member of LaMarche Law PLLC, a thriving law firm that he founded in 2010.  He graduated from Waterford-Halfmoon High School, Siena College and Albany Law School.  LaMarche is admitted to practice before all New York State Courts, the United States District Court for the Northern District of New York, the United States Court of Appeals for the 2nd Circuit, and the United States Supreme Court.

Safranko, who began his career at the Law Offices of Stephen Safranko, Esq., most recently was a Partner with the O’Connell & Aronowitz Law Firm.  He graduated from Albany Academy, Emory University and Albany Law School.   Safranko is admitted to practice before all New York State Courts and the United States District Courts for the Northern and Western Districts of New York and the District of Vermont, as well as the United States Court of Appeals for the 2nd Circuit.  He has been honored by his peers to be included in the publication The Best Lawyers in America in 2010, 2011 and 2012.

As a member of The Leukemia & Lymphoma Society’s (LLS) Team In Training, I have surpassed my fundraising goal and successfully completed my first Marathon in Washington D.C..   And what an experience it was:  from the 100 degree summer days, to the 5 a.m. training runs; and the days when my body was screaming at me asking, “Why do you keep beating me up like this?”   These minor challenges pale in comparison to what 3 year-old Dylan Conboy has had to deal with over the last year as he has continued to fight back against his blood cancer.  And so for him, and for all those who are struggling with a blood cancer, I know that the money raised will someday lead to  a cure.