New York Injury Lawyer Blog

A proposal to require seat belts on all new motorcoaches could reduce the risk of serious and fatal New York bus accidents.

The new rules are aimed at preventing the serious multiple-victim accidents like the one that injured 24 New York City passengers traveling to Atlantic City earlier this summer. Our New York Injury Lawyer Blog reported that 23 people were transported to the hospital and the bus driver was ejected through the front window of the bus and run over.

"We're committed to making sure that motorcoach travelers reach their destinations safely," said U.S. Department of Transportation Secretary Ray LaHood. "Seat belts save lives, and putting them in motorcoaches just makes sense."

However, many safety advocates contend that the laws do not go far enough: They do not apply to buses already on the road and will not apply to new school buses.

Motorcoaches and tour buses are a tremendously popular mode of travel in the United States -- carrying more passengers each year than the airline industry. Each year, about 750 million passengers travel by bus. The federal government estimates that seat belts will reduce the risk of passengers being killed in a rollover accident by 77 percent, according to the National Highway Traffic Safety Administration.

"We want motorcoaches to be as safe as possible and are working towards that goal," said NHTSA Administrator David Strickland. "In coordination with Transportation Secretary Ray LaHood, we will continue moving forward in our mission to save lives and reduce injuries."

The government will take comment on the proposal during the next 90 days. Once passed, new buses will be required to be manufactured with lap and shoulder belts within three years.

Continue reading "Seat belt law aims to reduce number of serious and fatal injuries in New York City bus accidents" »

Safety advocates in cities as far away as San Francisco are pushing officials to conduct traffic studies in the wake of the New York City pedestrian accident report being called one the most comprehensive in the city's history.

As we reported last week on our New York Injury Lawyer Blog, pedestrian accidents are responsible for more than half of the city's traffic fatalities. More than 1,500 countdown signals will be installed and 60 miles of streets will be reworked -- including 20 major intersections -- in response to the study.

The report looked at more than 7,000 pedestrian accident reports between 2002 and 2006 and debunked several myths, including the erroneous belief that taxi cabs and jaywalkers were responsible for large numbers of accidents.

The New York Times recently reported:

-Older residents are at increased risk. Those over the age of 65 make up 12 percent of the city's residents but accounted for 38 percent of all pedestrian deaths that were studied.

-Elderly Asian-American residents are at additional risk -- suffering a fatality rate twice the rate of other senior citizens. Part of the reason is believed to be their presence in high-density areas with acknowledged safety challenges, including Chinatown, Flushing and Jackson Heights.

-About 58 percent of pedestrian accident victims are male, compared to a national average of two-thirds.

-Fewer alcohol-related pedestrian deaths occur in the city than the nationwide average, 8 percent compared to 13 percent. However, alcohol-related accidents were twice as likely to be fatal as those that did not involve alcohol.

-Motorcyclists were 18 times more likely to be killed in an accident than the occupant of a passenger car.

-Accidents involving cars changing lanes were twice as likely to be fatal than other types of accidents.

-Male drivers in their 40s were the most dangerous. These drivers had the highest likelihood of being in a crash, with 5 accidents per 100,000 residents.

Continue reading "New York City pedestrian accident study has far-reaching implications" »

A celebrity plastic surgeon was killed in a car accident on Monday, shortly after text messaging that his dog was enjoying the ride, the New York Daily News reported.

Frank Ryan, famous for his work on Heidi Montag and Gene Simmons, died from severe head trauma after his Jeep Wrangler left the road. He had reportedly been using his cell phone to post comments and pictures of his dog on Twitter in the moments before the crash.

While our New York City injury lawyers frequently write about the dangers of text messaging and distracted driving, a new report details the increasing danger of riding with pets in your vehicle.

Driving with a pet in your vehicle is never a good idea. Yet, a new report by AAA found that motorists leave pets unrestrained, feed and water them, pet and play with them, and allow them to sit in their lap while driving. And two-thirds of the nation's dog owners routinely ride with a pet in the car.

A survey sponsored by AAA and Kurgo, a pet restraint manufacturer, found that unrestrained dogs can become flying projectiles in the event of an accident and are the frequent cause of distractions for motorists.

Nationwide, distracted driving accidents injure 500,000 motorists and claim 6,000 lives each year, according to the National Highway Traffic Safety Administration.

Continue reading "Driving with pets increases the risk of a New York car accident" »

A campaign to battle the risks of New York City pedestrian accidents will be launched in the wake of a new report detailing one of the city's most urgent safety issues, NBC News reported.

"We've made historic gains in reducing traffic fatalities, and this year we are seeing pedestrians fatalities decline again," said Mayor Bloomberg. "But we still see too many families devastated by traffic accidents."

In fact, pedestrian accidents have been responsible for just over half (52 percent) of the city's traffic fatalities in the last five years. The New York City Department of Transportation reported that speeding, driver inattention and failure to yield were among the leading causes.

The myth of the New York City cab driver caught a break, at least in this instance: 79 percent of accidents that killed or seriously injured pedestrians involved private vehicles. And only 20 percent were killed while walking against a signal.

Some 1,500 additional countdown signals will be installed throughout the city. Corridor crash data will also be used to rework some 60 miles of streets to improve pedestrian safety. Twenty intersections and major two-way streets -- including 23rd, 57th and 125th -- are also marked for upgrades.

A media campaign will also be launched to remind motorists that the city's standard speed limit is 30 mph.

A map of countdown signal locations is available here.

The plan involved the review of over 7,000 accident reports. While accident data revealed traffic safety in 2009 was the best that has been reported since 1910, there were still a total of 155 pedestrians killed in New York City last year.

Continue reading "Safety advocates vow improvements to reduce risk of New York City pedestrian accidents" »

The increased scrutiny being paid to older drivers could reduce the number of serious or fatal car accidents but assisting our parents in the transition to a life without wheels can be exceedingly painful.

Senior drivers are at high risk for being involved in a New York car accident. In fact, studies suggest drivers over the age of 70 face the most risk of any drivers on the road except teenagers.

The Washington Post recently published an informative article on assisting older loved ones in hanging up the keys.

It's an issue that "is happening all across the United States in families up and down the streets every day," said Elinor Ginzler, a senior vice president of AARP. "It's a huge issue."

It is an issue that is expected to become increasingly common as the Baby Boomers age in the coming decades. The Insurance Institute for Highway Safety reports that 78 percent of the 28 million Americans over the age of 70 still have their driver's license -- up from 73 percent a decade ago.

While we are living longer, the prevalence of debilitating health conditions -- including heart problems, stroke, Parkinson's, Alzheimer's and dementia -- make driving an increasingly dangerous proposition.

In 2008, a total of 183,000 older motorists were injured in traffic accidents, according to the National Highway Traffic Safety Administration. In New York 233 older drivers were involved in fatal accidents.

The federal government provides resources for senior drivers and families.

Continue reading "Elderly drivers at increased risk of New York City car accidents" »

At least seven people were injured when a cab crashed into a crowded Bronx bus stop while trying to avoid a van making an illegal U-turn, the Wall Street Journal reported.

The crash happened about 11 a.m. in the Kingsbridge section. The bus shelter was destroyed. At least six people were waiting for the BX9 Metropolitan Transit Authority Bus and several victims were pinned under the taxi and debris, according to police. A New York City injury lawyer experienced in handling claims involving multiple parties will need to thoroughly investigate this incident and determine the available means of recovery. The van owner, the taxi owner and the Metropolitan Transportation Authority may all be viable defendants to a personal injury or wrongful death lawsuit in this case. The presence of multiple victims and competing claims could also complicate matters.

Police report the Lincoln taxi was eastbound on West Kingsbridge Road when the driver of the van made a U-turn in front of the taxi. The taxi tried to swerve but collided with the van before mounting the curb and plowing into the metal-and-glass bus shelter.

Responding emergency crews transported seven people to the hospital by ambulance. And elderly man died in route to the hospital. One victim lost her foot and another man was hospitalized in critical condition. A 14-year-old girl was also listed in stable condition.

The 58-year-old driver of the van was cited for making an illegal U-turn as the accident investigation continues.

Continue reading "Fatal New York City traffic accident sends 7 to the hospital after taxi slams into bus shelter" »

Thirty-nine states currently ban teenagers from texting while driving, yet young drivers continue to be the most distracted, the most dangerous and the most at-risk motorists on the road, according to a report published by USAToday.

Teens are at high risk of being involved in serious or fatal New York car accidents. The National Highway Traffic Safety Administration reports that 181 motorists were killed in New York accidents involving young drivers in 2008. Nationwide, motor vehicle accidents are the leading cause of death for young people ages 15 to 20 -- 5,864 were killed in 2008.

The Governor's Highway Safety Association reports that eight states -- including New York and New Jersey -- ban the use of hand-held cell phones. Thirty states ban text messaging by drivers. Twenty eight states ban young drivers from using cell phones, except in an emergency.

Only 11 states have no rules for either teenagers or adults -- Florida, South Carolina, Pennsylvania, Ohio, North and South Dakota, Montana, Idaho, Nevada, Arizona and New Mexico.

Yet a new survey by Seventeen magazine found that nearly 90 percent of teen drivers engage in distracted driving behaviors, such as talking on a cell phone or text messaging. Most of them know it puts them at increased risk for an accident.

"Teens do continue to drive distracted even when they recognize the dangers," says William Van Tassel, manager of AAA's driver training programs. "Driving is the first real adult responsibility, but let's face it, they're still teens whose brains aren't fully developed."

The survey of 1,999 teens ages 16 to 19 found that 84 percent were aware that distracted driving increased their risk of an accident but 86 percent admitted to engaging in such behaviors, including texting, talking on the phone, eating, applying makeup or driving with four or more passengers.

Among the survey's other findings:

-Drivers ages 18 or 19 are more likely to be distracted than those 16 or 17.

-Among the reasons for engaging in distracting behavior, 35 percent said they didn't think they would get hurt; 22 percent said it made driving less boring; and 21 percent said they were used to being constantly connected.

-Teens driving their own vehicle were more likely to be distracted than teens who shared a vehicle with others.

Parents can find the New York State Health Department's Teen Driving Safety Booklet here.

Continue reading "Teens at high risk of New York car accidents caused by distracted driving" »

The number of serious and fatal New York car accidents could be reduced by the state's decision to require all first-time DUI offenders to install ignition interlock devices on their vehicles.

The New York Times reports that the new law will take effect on Aug. 15 as part of the state's zero tolerance policy. All convicted DUI offenders will be required to have the devices installed on their car for a minimum of six months. The Interlock devices prevent a car from starting if alcohol is detected on a driver's breath.

Drunk driving accidents are a leading cause of serious and fatal crashes in New York and throughout the nation. The National Highway Traffic Safety Administration reports that about one-third of all fatal car accidents involve a drunk driver. In 2008, drivers with alcohol in their system were involved in 409 of the state's 1,231 traffic fatalities. Nationwide, 11,773 people were killed in drunk driving crashes -- or an average of one death every 45 minutes.

New York is the 10th state to require that the devices be installed on a first offense. A driver must pay an installation fee of up to $100 and a monthly monitoring fee of $70 to $110. The state averages 25,000 drunk driving convictions each year -- with about 4,000 occurring in New York City.

The devices will have a low tolerance for alcohol; while the legal limit for DUI is .08 in New York, a test of just .025 will prevent a vehicle from starting. And the devices will be hard to fool by having a friend blow into them; some will be equipped with cameras and a rolling retest may be required after 5 to 15 minutes. A failed test results in a blowing horn and a progressively louder noise coming from the unit.

A study by the Insurance Institute for Highway Safety found that drivers with the devices installed for a year after conviction were 64 percent less likely to be re-arrested for drunk driving.

"We know that alcohol interlocks do work to reduce recidivism, and strengthening interlocks to include first offenders is the logical step to curb alcohol-impaired driving," said Russ Rader, a spokesman for the IIHS.

Continue reading "Ignition interlocks will reduce the risk of New York car accidents caused by drunk drivers" »