New York Legal Blog

When people in New York head out onto the road, they may face unexpected dangers from the most unlikely of places. While few people think of a clear day as a driving hazard, the bright sun glare that can accompany a rising or setting sun can make it difficult for drivers to see, leading to traffic snarls and dangerous crashes. Indeed, the risk of a car accident is 16 percent greater in bright sunlight than in average weather. However, there are tips that drivers can keep in mind to improve their safety.

Sunglasses can help. They can reduce the intensity of the sun's brightness while protecting drivers' eyes from the dangers of UV rays. By keeping sunglasses stored in the car, drivers can prepare to help avoid car crashes caused by excessive glare. The built-in sun visors in almost all cars and passenger trucks can also help a driver's vision. They can be positioned to block some level of sun coming through the windshield or side windows. While they are limited in coverage, they are also designed not to hinder a driver's visibility.

In order for the government to get a criminal assault conviction in New York State, they have to prove that any injury caused by the defendant was intentional, meaning that it was not accidental.  It is necessary to prove that there was an intention by the defendant to cause "physical injury" or "serious physical injury".  Both of these terms have a specific meaning in the law; they do not have the general meaning we all use in everyday life.

It may be possible to infer an intention to cause physical harm based on the circumstances of the injury. For example, if a defendant pointed a gun at someone at close range and shot the person in the chest, that might indicate that the intention was to cause physical or serious physical injury, or of course to kill.  If the defendant fired a gun several times from close range and missed, one might argue that "missing was the intention" and there was no desire to hurt anyone.  On the other hand, firing a shot intentionally, and grazing another person might allow the government to argue a legal theory called "transferred intent".  For cerain types of assault charges, it is not necessary to demonstrate that the injury was intentionally caused.  Reckless or negligent assaults can be charged too.

A woman has filed a lawsuit against New York City following the conviction of her attacker who was employed as a uniformed peace officer at the offices of Human Resources Administration in Lower Manhattan. She asserts that the city bears financial responsibility for her sexual assault and wants a $5 million settlement.

The assault occurred when she went to the office to pick up a check. Office workers said that no check was available. She then demanded to speak to someone in authority but was instead detained by the Social Services Supervising Sergeant. He took her to a locked room and handcuffed her. She then said that he unbuttoned her shirt and touched her cleavage.

The nation's roadways get busier all the time, and distracted driving causes a great number of motor vehicle crashes. There are simple guidelines for all drivers to keep in mind when operating a car. Those who follow some safe common-sense rules on the road may better avoid serious traffic accidents.

Drivers should stay focused on the road ahead and pay attention to all directions outside their vehicle. Distractions from inside the car such as cellphones, eating or children in the backseat can interrupt a driver's focus. If the situation demands it, drivers need to pull over for a better chance at avoiding accidents and possibly serious personal injury.