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Buffalo New York Legal Blog

Could there be more alcohol ignition interlocks for motorcycles?

One of the most useful pieces of technology in the fight against drunk driving is the interlock ignition device. The technology is fairly new, but you have probably heard of them: These devices are breathalyzers that are installed in the automobiles of people who have been arrested for driving under the influence of alcohol. If the driver fails the breathalyzer, the device temporarily locks the car’s ignition. This has lowered the rate of recidivism for drunk drivers and has no doubt saved lives. So why aren’t there more of these devices on motorcycles?

Motorcyclists are also capable of riding under the influence of drugs or alcohol, yet there are far fewer interlock ignition devices, or IIDs, installed in motorcycles than cars. A recent study from the National Highway Traffic Safety Administration examined the ignition interlocks for motorcycles. As it turns out, there are several mitigating factors that make using IIDs more complicated for motorcycles.

I’ve been injured: What should I do now?

Suffering a personal injury is difficult not only because of physical pain, but because of the often-complicated legal process that may follow. The moments immediately following a personal injury are often full of adrenaline, pain and confusion. The days, weeks and months following the injury may be spent navigating a complex legal system in order to receive compensation for your injury.

If you have sustained a personal injury, you may be wondering what you should do next. What follows is a summary of the most important steps to take after a personal injury.

When and why to consider child-support modification

In the state of New York there is a process for determining the proper level of child-support payments. The primary piece of that process is creating a statement of net worth wherein all your assets and liabilities are laid out. From that document, child-support decrees are generated.

However, we live in unstable economic times and there can be swift changes to an individual's financial fortunes. You should not continue making payments that you cannot afford or that your ex no longer needs. In these situations, you have the option to seek modification of your child-support terms.

Are divorce filings seasonal?

Is divorce seasonal? Do divorce filings rise and fall in a predictable, month-to-month pattern? Is it true that the number of divorces peaks after the holidays? Researchers at the University of Washington say “yes” to all of those questions.

In a study of 15 years of divorce filings in Washington state, researchers found that divorce filings rise sharply at the beginning of the calendar year and peak in March. The filings dip during the spring and early summer and then hit another peak in August.

How to know whether your prenup is invalid

There are two potentially very unromantic parts to a marriage: Creating a prenuptial agreement, and creating a divorce agreement. Couples rarely anticipate a divorce when they get engaged, but many do take the cautionary step of creating a prenuptial agreement.

Prenups are often an excellent measure to protect one’s finances, but there are some situations in which they may not be legally binding. If you are divorcing, you should take the time to understand whether your prenuptial agreement is legally invalid.

Why do you need a QDRO as part of your divorce?

If you have a 401(k) or 403(b) plan, an IRA or a pension plan and you're getting a divorce, you will need to divide it between you. That can be done as part of a divorce settlement agreement or a divorce trial.

Will the plan administrators follow the instructions of your divorce decree? Not unless you have a court order telling them to do so. That court order is called a Qualified Domestic Relations Order, or QDRO ("Quadro"). Your attorneys may draft it, but it is issued by the court.

Reasons why workers' compensation claims are denied

Being injured at work is bad enough - being denied workers compensation benefits makes it even worse. 

Many workers' comp claims are denied on the first application. Often, the denial has nothing to do with the legitimacy of the claim, and a significant percentage of individuals receive benefits after being denied on the first application.

Buffalo sued for locating its roadblocks in communities of color

Since at least 2013, the city of Buffalo has been running crime control roadblocks on a near-daily basis. These roadblocks require every passing motorist, or a randomly selected group, to stop and be inspected for criminal activity. That activity ranges from having improperly tinted windows to driving while impaired.

The roadblocks are a major hassle for motorists, especially those who are ticketed. According to TheNewspaper.com, between 2013 and 2015 the number of traffic tickets issued rose by 62 percent. The number of driver's license suspensions jumped by 58 percent -- and that may be because the drivers could not afford the towing and ticket fees.

Scary: OSHA releases 2017's Top 10 workplace safety violations

The Occupational Safety and Health Administration has analyzed its files and determined what dangerous conditions were most prevalent at work in fiscal year 2017. As is often the case, many (but not all) of the violations were focused in the construction and industrial fields.

Here are the Top 10 most common workplace safety violations this year, based on the number of citations:

Tips for a workable co-parenting relationship after divorce

If you have kids with an ex, you're going to need to work with your children's other parent. Your co-parenting relationship will last for the rest of your kids' childhood, if not longer.

If you had a bad breakup or have a contentious relationship, it can be difficult to work effectively with your ex. Nevertheless, there are many decisions you will have to make together, from setting a visitation schedule to resolving disputes.

  1. Personal Injury

    A client settled their case against a homeowner for $275,000 for a fractured leg with surgery as a result of a fall from a ladder while assisting the homeowner install a second floor ladder.

  2. Wills, Trusts, Estates

    An estate received $57,500 in a wrongful death case involving a defective medical alert device.

  3. Personal Injury

    A client was injured while pulling a hamper with a defective handle which resulted in cervical herniation which then required surgery. The client settled the claim against the hamper owner for $495,000.

  4. Criminal Law

    A man was accused of aggravated animal cruelty for shooting his dog acquitted of all charges.

  5. Criminal Law

    The defense counsel asserted constitutional rights so that no charges were brought against a store owner for tax evasion.

  6. Business, Corporate and Employment Law

    We successfully collected thousands of dollars for a company on a breach of contract issue.

  7. Personal Injury

    A woman received $83,750 for a right knee injury she sustained due to the negligence of a local restaurant and bar.

  8. Criminal Law

    Our counsel successfully suppressed evidence in State Court from an improper search of a residence.

  9. Personal Injury

    A victim of a rear end accident settled with the defendant for $25,000 and then resolved a SUM claim for an additional $200,000 as a result of cervical disc herniations with a recommendation of surgery.

  10. Criminal Law

    A man was acquitted of Driving While Intoxicated and all other charges. The defense showed that the people failed to prove the operation of the motor vehicle.

  11. Criminal Law

    A Niagara Falls resident was accused of murdering a man shot outside his home and with whom he had previous fight and was acquitted on all charges.

  12. Workers’ Compensation and Social Security Disability

    A man received a $2.4 million settlement for pain and suffering, and lost wages due to a work-related accident.

  13. Criminal Law

    A man’s charges for Aggravated Harassment were dismissed when the defense counsel moved to dismiss charges for insufficient paperwork.

  14. Personal Injury

    A man obtained a settlement of $1.8 million when he lost his wife due to the administering of the wrong prescription.

  15. Personal Injury

    A woman received $100,000 for a neck injury she sustained in a motor vehicle accident.

  16. Personal Injury

    A woman was awarded $115,000 for head and neck injuries she sustained in a motor vehicle accident.

  17. Personal Injury

    A woman received a $250,000 settlement from a slip and fall at a rental property where she injured her back.

  18. Personal Injury

    A woman received $62,000 for a neck injury she sustained due to the negligence of a commercial property owner.

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LoTempio P.C. Law Group 181 Franklin Street Buffalo, NY 14202 Phone: 716-427-6683 Fax: 716-855-3437 Buffalo Law Office Map