July 2010 Archives

July 30, 2010

Safe riding reduces the risk of New York City bicycle accidents

The number of fatal New York City bicycle accidents dropped to an all-time law with the death of 12 riders in 2009, according to the city's department of transportation.

The Manhattan area has more bicycle commuters than anywhere in the United States, according to data from the U.S. Census. And the city has made great strides in making itself more bicycle friendly. Still, more than 200 riders have been killed in the last decade and thousands of cyclists are injured each year in New York bicycle accidents.
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Nationwide, 716 cyclists were killed and more than 52,000 were injured in bicycle accidents in 2008, according to the National Highway Traffic Safety Administration.

The city has greatly expanded the number of bike lanes and bike racks within the city and passed an ordinance that requires employers to provide storage for bicycles used by commuting employees. As the popularity of cycling grows for health and fitness, and as the city becomes more bicycle friendly, the number of riders is likely to continue to increase.

The New York Department of Transportation provides a free New York City bicycle brochure. Safety advice includes:

-Obey all traffic lights and signs

-Only children 12 and younger may ride on the sidewalk

-Ride in the direction of traffic

-Use lights at night

-Yield to pedestrians

-Wear a helmet

-Stay visible

-Look, signal, look again

-Use a bell

-Pass safely and courteously

Continue reading "Safe riding reduces the risk of New York City bicycle accidents" »

July 28, 2010

Lobbyists back off plan to attack distracted driving laws; supporters point to reduction in New York car accidents

As New York car accident attorneys, we are glad to report that an effort to gather lobbyists against efforts aimed at distracted driving has apparently collapsed.

The New York Times reports that a Washington law firm had been attempting to form a coalition of lobbyists, including cell phone makers, mobile device manufacturers and car companies, that would stand against state laws aimed at reducing the risks of distracted driving.
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It is a significant issue for some device manufacturers. And, while mobile phone makers no longer market their products as "car phones," they have been slow to adopt a more overt message about the dangers of using a cell phone or text messaging while driving.

The effort to establish the lobbying group drew loud protest from U.S. Transportation Secretary Ray LaHood, who held a press conference this week slamming the group.

Shortly thereafter, a statement from the law firm backed away from the proposal.

"We are pleased that the concept has met its goal of expanding dialogue on distracted driving, therefore the proposed coalition is no longer being pursued," the statement said. "We commend Secretary LaHood for his leadership in bringing a comprehensive view to this complex issue."

The government's distracted driving website,www.distraction.gov, places heavy emphasis on the dangers of using a cell phone or text messaging while driving. Other forms of distracted driving mentioned include eating, drinking, talking to passengers, grooming, reading and using other in-car electronics.

Nationwide, an estimated 6,000 motorists are killed and more than 500,000 are injured each year in accidents caused by distracted driving. Only drunk driving and speeding are responsible for more crashes.

Continue reading "Lobbyists back off plan to attack distracted driving laws; supporters point to reduction in New York car accidents" »

July 24, 2010

New York City taxi cab accidents a common danger; industry celebrates accident-free drivers

New York City taxi cab accidents are most likely to occur at night, according to a gathering of industry officials that included an award for the city's most improved cab driver, the Wall Street Journal reported.

Authorities estimate that 1 in every 5 New York City car accidents -- or about 13,000 crashes a year -- involve taxi cabs. Most cab drivers make an average of more than two dozen trips during a 12-hour shift. Collectively, the industry's 100,000 cab drivers bring in more than $1 billion a year from an estimated 400 million riders.
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That means more people ride in a New York City taxi cab each year than there are residents in the United States. Dozens of complaints are filed with the Taxi and Limousine Commission every day. Several media reports over the years have estimated that about three dozen riders are killed each year and thousands more are injured in New York City taxi crashes.

While the aggressive driving and antics of cab drivers has become legendary, passengers have the right to expect safe passage. A taxi cab is no different from any other type of business. When a customer is seriously injured or killed through the negligent or reckless behavior of a business owner or employee, the victim can and should consult a New York City injury lawyer about seeking compensation for their injuries.

The industry awards ceremony was held Thursday night and featured:

-A $500 award to a driver who went three years without an accident. He said night drivers were the most aggressive and congestion often prevented drivers from traveling very fast during the day, which reduced the risks of an accident.

-A group of drivers were recognized for going four years without an accident.

-An award was given to the friendliest driver.

-And an award went to the most improved driver, who had five accidents in 2005 and 2006 but has been accident free since.

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July 23, 2010

Crane rigger acquitted in fatal New York City construction accident

A judge has found the rigger blamed for a deadly New York City crane accident in 2008 not guilty for the construction disaster that killed seven people in midtown Manhattan, the Associated Press reported.

One of the nation's deadliest crane accidents, the collapsing tower crane killed six construction workers and a tourist. The rigger has been the only person to face criminal charges; prosecutors allege that he did a reckless job of security the 200-foot crane.
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The rigger declined a jury and left his fate up to a judge. His defense lawyer claimed the defendant acted in accordance with industry standards and that the accident was the fault of other engineering decisions and shoddy welding.

The fatal New York City construction accident, and a second crane accident that killed two people a month later, led to an overhaul of the city's crane-inspection department. Other cities, including Chicago and Dallas have also taken a closer look at crane safety.

Cranes pose a real threat, not only to construction workers, but to those on the ground and residents and guests of adjacent buildings. The Occupational Safety & Health Administration reports that an average of 60 to 80 people are killed each year in crane accidents nationwide.

The City of New York licenses more than 1,700 crane operators.

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July 16, 2010

Defective child products a common risk for New York City parents

CNN reports that the federal government has proposed new rules for baby cribs, following a string of high-profile recalls and more than a decade of infant deaths in drop-side cribs.

An astounding number of baby cribs and other products marketed to children continue to be recalled by the U.S. Consumer Product Safety Commission. Just this week a Pottery Barn Kids crib was recalled due to risk of entrapment, suffocation and falls.

Those who think child products are usually safe are sorely mistaken: So far this year 87 child products (excluding toys) have been recalled by the federal government -- including at least 12 cribs. Another 20 toys have been recalled by the CPSC. Choking hazards, entrapment hazards, strangulation hazards and lead-based paint or other harmful chemicals are common reasons for recalls.

Companies have an obligation to manufacture and sell safe products. Consumers have a basic right to expect a product they purchase to be free from harmful or deadly defect. Nowhere should that obligation be taken more seriously than in the marketing of products to our children. And yet more than 100 children's products have been recalled during the first six months of 2010. Families dealing with injury to a child resulting from a defective product should contact a New York City injury lawyer to discuss their rights.

The case reported by CNN is common among serious and fatal injuries caused by defective cribs. A New York mother put her child to sleep and returned later that morning to find he had gotten his neck stuck in a gap between the side rail and the headboard. The coroner ruled the death an accident but the family notified the CPSC.

Thirteen years later, the government is finally doing something about it.

The new standards would require cribs to be tested for safety without re-tightening screws between tests. The New York incident, and others, have been blamed on screws coming loose from the frame. The rules would also require non-full-size cribs to comply with many of the standards in place for full-size cribs, including mattress support performance and side-impact tests.

A full list of children's products under recall is available through the federal government.

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July 15, 2010

Camp counselors killed in Long Island car accident

A Long Island car accident has claimed the life of three counselors who worked at a camp for the disabled, the Associated Press reported.

Two others were hospitalized after the crash, which occurred Thursday on the Meadowbrook Parkway. The Hempstead Town Supervisor said the employees were on their way to work at Camp Anchor. The camp is run by the town and serves children with disabilities, including quadriplegia, autism and Down syndrome.

The New York Daily News reported that survivors were rushed to Nassau University Medical Center.

All five were on their way to work at the camp, which has one counselor for each camper. The camp's name, Anchor, stands for Answering the Needs of Citizens with Handicaps through Organized Recreation.

Authorities report the single-car wreck happened about 8:45 a.m. on the Meadowbrook Parkway in Roosevelt; the Honda sedan reportedly veered off the road while changing lanes and slammed into a tree.

Most camp workers were volunteers. However, the accident victims were paid employees who had worked at the camp for several years.

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July 10, 2010

Speeding, drunk driving, blamed for fatal New York car accident in Westchester County

State police have announced that a woman blamed for a fatal Westchester car accident was going 85 mph and traveling the wrong way on a New York freeway when she slammed into an SUV.

The Associated Press reported that the SUV was also speeding, traveling 74 mph in an area where the speed limit is 55. The information was released nearly a year after the deadly July 26 crash that killed eight people on the Taconic Parkway in Westchester County north of New York City.

The accident killed the driver of the van, her daughter, three nieces and three men in the SUV. The crash, and how the van's driver could race the wrong way down the freeway with a van full of frightened children in heavy traffic, made national news for months. An autopsy revealed that the 36-year-old woman was drunk and high on marijuana.

Two wrongful death lawsuits have been filed by two of the men who were killed in the SUV. The fact that the SUV was speeding could result in lawsuits being filed against the estate of the SUV's driver as well.

Speeding and drunk driving are two of the primary causes of serious and fatal car accidents in New York and nationwide. Together, speeding and drunk driving were responsible for two-thirds of the nation's car accidents in 2008, claiming more than 23,000 lives.

The National Highway Traffic Safety Administration reports that speeding was responsible for one-third of all fatal accidents, claiming 11,674 lives. Drunk driving accidents accounted for another one-third of all fatal traffic accidents and killed 11,773 motorists.

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July 8, 2010

New York boating accident claims life of New Jersey man over Fourth of July weekend

A deadly New York boating accident was caused when a boat swerved to avoid a sightseeing speedboat as the captain struggled to see through its wake, the Associated Press reported.

A lawyer for the pilot of a 30-foot boat said the tour boat cut in front of his client's boat Friday near the Statue of Liberty, forcing him to veer away. The tour boat's wake made it hard to see a 17-foot boat anchored nearby. The 30-foot boat smashed into the anchored craft, killing a 30-year-old New Jersey resident.

Manhattan prosecutors continue to investigate the crash. The 39-year-old captain of the 30-foot boat is an investment banker from Jersey City and has been charged with vehicular homicide and running a boat while under the influence of alcohol. His blood-alcohol level tested at .06, below the legal limit for driving under the influence but sufficient for a boating-under-the-influence charge.

A spokesperson for Circle Line Downtown, which runs the 135-passenger speedboat, said the tour boat was the first on the scene and its captain called the Coast Guard and the New York City Police Department. She wouldn't discuss accusations involving the tour boat but praised its crew for their quick response.

The victim was boating with two friends, who both suffered minor injuries. The defendant was boating with his wife and three toddlers; no one on that boat was injured.

July is the height of boating season. New York Injury Lawyer Nicholas Rose and the staff at our law offices urge everyone to practice boating safety and we encourage you to do your part to stay safe on the water.

In 2008, the U.S. Coast Guard reported 4,789 boating accidents, which killed 709 people and injured 3,331.

About Boating Accidents:

-Over two-thirds of fatal boating accident victims drown.

-The top five causes for boating accidents are careless/reckless operation, operator inattention, failure to use a proper lookout, operator inexperience and passenger/skier behavior.

-Alcohol is the leading contributing factor of fatal boating accidents -- alcohol use was listed as the leading factor in 17 percent of all boating deaths.

Continue reading "New York boating accident claims life of New Jersey man over Fourth of July weekend" »