• Proposals to Adopt the Uniform Bar Exam Are Met With Apprehension

    || 29-Jan-2015

    Discussions are brewing in New York regarding the adoption of the Uniform Bar Examination (UBE), but the feedback isn't all positive. The UBE is currently used in 14 states throughout the country and allows students who pass to practice law in other states, among additional benefits. By adopting the UBE, New York would abandon the state's existing bar exam. Many who were involved in the ...
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  • In New York, DUI checkpoints are common sights. Even at the checkpoints, however, officers are still required to follow protocols that respect your rights as a U.S. citizen. We would all like to believe police officers do all they can to ensure our rights, valued by us dearly, are not violated by the actions of law enforcement. Unfortunately, this is not always the case. Police officers, at the ...
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  • Remembering the Attack on Pearl Harbor

    || 9-Dec-2014

    72 years ago this month, America suffered one of the most brutal attacks our country has ever seen. 353 Japanese fighter, bombers, and torpedo planes attacked the United States naval base at Pearl Harbor, sinking four Navy battleships and severely damaging four more. In the attack, 2,402 Americans were killed—1,282 more wounded. Last week, we observed Pearl Harbor Remembrance Day with ...
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  • Recent Taser Injuries, Deaths Prompt Law Enforcement Bans

    || 30-Sep-2014

    Here in New York and across the country, Tasers have become the police weapon of choice for subduing out-of-control suspects. The point of the device is to shock a subject’s muscles, causing him or her to collapse. The strong electric shock administered through a Taser, however, has proven to be fatal in some cases, causing cardiac and sudden death. In the aftermath of dozens of ...
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  • Fatal Car Accidents Involving Marijuana Have Tripled

    || 24-Sep-2014

    There is a lot of controversy surrounding the topic of marijuana. For every staunch supporter of the legalization of pot there is a dead-set denouncer. Each side can lobby pros and cons at a dizzying rate. However, one recently released study highlights a disturbing trend that has emerged as “weed” has become more commonplace. A report from the Columbia University’s Mailman ...
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  • Young and Old Drivers Distracted by Cellphones

    || 17-Sep-2014

    The leading cause of accidental death among “working-age” adults is poisoning, most often from prescription drug overdose. Falls cause the most fatal injuries in adults older than 65. Car accidents cause the most injury-related deaths in younger people. It seems as though every age and stage has unique risks when it comes to injury-related death. But, one of the causes of these fatal ...
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  • Teen Deaths Down 11% After Bans On Texting and Driving

    || 10-Sep-2014

    Texting and driving has been the subject of many a public service announcement over the past 5 years or so. In fact, it is a message that has become just as widespread as “don’t drink and drive”. However, unfortunately, despite all of the warnings, texting while driving is still something many of us are guilty of. From teenagers to senior citizens, from business professionals to ...
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  • Son Calls Cops When Mom Texts And Drives

    || 5-Sep-2014

    In recent years, there has been a huge push to change cultural perceptions about texting and driving. At one time, not that long ago, the phenomenon of texting and driving was pretty commonplace and just about everyone from teenaged girls to middle aged professionals were guilty of typing out a quick message on the go. However, as many studies have show, texting and driving is quite dangerous and ...
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  • Taxi Traffic Accident...Now What?

    || 3-Sep-2014

    There are plenty of advantages to living in a place that has a plethora of public transportation options such as cabs. For one, you can typically get any place you need to go without owning a car, which can save you some major money not only on a car itself but on insurance, gas, maintenance, and more. Unfortunately, just because you aren’t behind the wheel doesn’t mean you can write ...
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  • Does Driving High Heighten the Risk of a DUI?

    || 29-Aug-2014

    Marijuana is becoming an increasingly more accessible drug across the country: it’s being decriminalized in a majority of states, medical marijuana is legal in some parts of the country, and Washington and Colorado have made recreational marijuana legal. With increased accessibility comes increased use, and that means more people are getting behind the wheel after smoking. In the two states ...
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  • Conquering a Multi-Car Crash: What to Know

    || 25-Aug-2014

    The interstate during rush hour is pretty much a nightmare. Cars are bumper to bumper; people frequently slam on their breaks and get easily frustrated. This type of traffic is a breeding ground for pile-ups and serious multi-car accidents. Usually, when a car hits another vehicle from behind, it is that driver who is held liable for any injuries or damage. In most situations, it is clear that the ...
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  • Kids in Cars: Keep Them Buckled

    || 18-Aug-2014

    As years pass, and technology continues to improve, cars get safer for drivers and passengers. Seatbelts are sturdier and child safety seats are more secure and these safety instruments save lives — if they are used, and used properly. Although the frequency of fatalities in car accidents has decreased in recent years, the numbers are still surprisingly high especially among children. ...
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  • Tips: Sharing the Road with a Drunk Driver

    || 11-Aug-2014

    Living in a city with so many drivers, and as a car accident lawyer in New York City, I have seen many accidents happen as a result of a driver deciding to slide behind the wheel after too much to drink. While it is clear that these accidents are very rarely the fault of the sober driver, it may be important to know how to drive defensively in the event you see a drunk or impaired driver on the ...
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  • Simulation Says "No Texting!"

    || 5-Aug-2014

    You hear your cellphone buzz while you’re driving. You know the text could be important, someone is expecting your swift reply. Do you pick up the phone and read the text? Do you reply? Most people know that the safe and correct answer is probably “no,” texting and driving is proven to be pretty dangerous. Unfortunately, texting and driving is still something that happens ...
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  • How to Deal With an Accident on Vacation

    || 1-Aug-2014

    The summer is a great time to leave the big city and take a road trip to somewhere more open, maybe the beach or the mountains, or a simple visit with family members in a far off place. Road trips are a fun, and often cheaper, way of taking a vacation. Although a car accident is probably the last thing on your mind as you set out, and the last thing you want on your mind, the complications of a ...
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  • New York City Mayor Reducing Traffic Deaths

    || 29-Jul-2014

    Every New York City resident knows that on streets crowded daily with so many people, bicycles, cars, cabs, and motorcycles safety is an issue. Dozens of accidents and injuries happen on a daily basis in our city — but there is a movement to bring those numbers down to zero. Mayor Bill de Blasio has developed a plan to eliminate traffic deaths by 2024: Vision Zero. Recently, some changes to ...
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  • Wrongly Convicted New York Prisoners Released

    || 22-Jul-2014

    Questionable investigative strategy and questionable prosecutions during high crime era like the ‘90s have prompted conviction review units across the country to look in to decades-old cases, and release wrongly accused individuals. This movement has resulted in a record 87 exonerations across the country in 2013, and the pace this year could exceed that. Hundreds of people who have spent ...
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  • A Woman Abused by Officer in DUI Arrest

    || 15-Jul-2014

    Being pulled over by an officer who thinks you are driving under the influence of alcohol is scary: a DUI charge is serious and so are the penalties. But, at the very least, one would expect an officer making a DWI arrest truly believes that person is under the influence of alcohol. In some cases, officers make mistakes while administering sobriety tests or communicating rights and these mistakes ...
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  • Are Amusement Parks Liable for Injuries?

    || 11-Jul-2014

    Picture this: the kids are out of school for the summer and have already worn out the many activities that New York City has to offer, and they have been begging for something fun to do. One of the most exciting and fun-filled places to go is, of course, Coney Island. While your kids are enjoying the ride, something goes wrong and they are injured. Can the amusement park be held responsible for ...
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  • Children Killed as Passengers of Drunk Drivers

    || 4-Jul-2014

    When you hear about a child being killed in a car accident involving a drunk driver, it may be natural to assume that the child was in the car with his or her sober family when the drunk driver caused the accident. Too many children die every year in alcohol-related car accidents, but a new study suggests that the majority of these children are riding in the car with the impaired driver. The exact ...
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  • Most Common Types of Car Accidents

    || 25-Jun-2014

    In a city as busy as New York, car accidents occur at an alarming rate. As an experienced Brooklyn car accident injury attorney, I’m often asked by friends which type of accidents I see occurring with the most frequency. While the Law Offices of David J. Hernandez & Associates deals with a broad range of car and auto crash injuries, I have noticed a trend in the types and causes of ...
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  • Pregnant? Risk of Car Accident May be Higher

    || 19-Jun-2014

    When you’re pregnant, you have a lot of things on your mind. Are you eating the right things for your baby? Are you getting the vitamins you need? Should you avoid flying on planes or relaxing in hot tubs? A new report from ABC News indicates that you may need to add “driving a car” to the list of questionable activities. The article cites a study published in the Canadian ...
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  • If I Text a Driver, Am I Liable?

    || 16-Jun-2014

    We’ve all been there. Our spouse is out running errands, so we send a quick, “Pick up the dry cleaning please. Thx.” A friend is running late to the movie, so we text, “Where r u? Previews already started!” Or the parent of a teenager might text a friendly, “Curfew is 11. Don’t b late,” reminder may be warranted a few minutes after they leave for the ...
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  • Steps of a Slip and Fall Injury Claim

    || 11-Jun-2014

    After a slip and fall injury in New York City, it can be difficult to decide how to proceed. Do I have a case? Who will pay for my injuries? Will I keep my job? As an experienced Brooklyn slip and fall injury attorney, I recently found a helpful site giving a quick overview of slip and fall cases. WikiHow offers the following steps that you should take after suffering a slip and fall injury. ...
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  • What If I Am I Injured While Trespassing?

    || 9-Jun-2014

    As an experienced Brooklyn, New York premises liability attorney, I’ve seen just about every scenario possible related to premises liability law. A question that seems to garner its fair share of debate, however, is one I feel needs to be addressed directly: “If I trespassed and was injured on the property, do I have a premises liability case?” This question is one that premises ...
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