New York Injury Lawyer Blog

Statistics can be tricky things. At least that's the boilerplate argument for one New York Times article questioning the value of driver's education courses for teen drivers. The author points to statistics revealing that Indiana teen drivers who have completed driver's education report four times as many car accidents as their counterparts who skipped the course. At the same time, what isn't reflected in the findings is the age of the more accident-prone group of young drivers. Neither, for that matter, is quality of instruction evaluated, nor is the demographic or background of the student considered.

Regardless of how statistics are measured, our New York City car accident attorneys know the simple fact is that car accidents remain the leading cause of death for U.S. teenagers - responsible for one in three fatalities among teens aged 16 to 19. According to the Center for Disease Control, nine teenagers are killed in car accidents each day. And in 2008, more than 3,500 teens were killed and another 350,000 injured due to car crashes.

The question is: why? Experts across all industry from insurance to transportation to education and health care agree a handful of factors contribute to the higher rate of teenage-related fatal car accidents. In general, teens lack experience to safely handle unexpected driving situations, so immaturity is a factor. Teens tend to speed more often than other drivers. They also are more likely to drink, and drink more than they can handle, and get behind the wheel. Lastly, they think they are infallible and are less likely to buckle up.

According to the Congressional Quarterly Researcher, there is a neurological factor to consider as well. From adolescence to age 21, the prefrontal cortex of the brain - which is responsible for risk management, decision-making and logic - is undergoing, basically, a major growth spurt. Which explains why an otherwise "mature" teen can uncharacteristically make a totally irrational, foolish, dangerous decision when behind the wheel. One that, unfortunately, often comes with life-altering, if not deadly, consequences.

Continue reading "Teen drivers remain highest risk group for New York car accidents" »

A blowout in the driver's side rear tire led to death and injury of 14 members of the Joy Fellowship Christian Assembly Church after the extended van flipped multiple times Saturday afternoon, ejecting passengers and luggage across the New York State Thruway, the New York Times reports.

Our New York car accident attorneys are familiar with multiple safety issues that have long been associated with full-size vans outfitted to transport 12-15 passengers. According to the State of Washington, requiring all passengers at all times to wear seat belts only minimizes a portion of the risks associated with riding in older model extended van vehicles. They are top heavy, have a rollover risk, and some studies indicate the structural integrity lacks sufficient support, leading to crush injuries in the event of an accident. There are weight-distribution issues and accommodations for size that must be considered when turning or slowing or stopping - concerns that may be unfamiliar to a driver more accustomed to a passenger car.

Often, drivers operating such vehicles - most commonly seen being used by church groups, schools, hotels, by airport shuttle services and the like - lack large-vehicle operator experience. The kind of experience required to safely navigate through a hazard such as a blow-out, the Journal News reports. And, not surprisingly, when accidents involve inexperienced drivers in full-to-capacity 12-to-15 passenger vans, multiple fatalities and injuries are often reported.

Given the community nature of the vehicle, where does liability rest? Who picks up the hospital tab, the funeral expenses? Who pays for the repairs? Does that burden fall on the congregation of the Joy Fellowship Christian Assembly, a close knit community already reeling from the van accident that has claimed or injured perhaps a quarter of their membership?

Frequently an organization's umbrella liability policy, often in the amount of several million dollars, will pick up where a car insurance policy leaves off, providing adequate compensation for those injury victims who make legitimate claims in a timely manner. In such cases, competing claims are often after the same resources, making the hiring of an aggressive and experienced New York injury lawyer all the more critical.

Continue reading "Six killed, eight injured in extended van rollover accident on New York State Thruway" »

It's not just cars on New York City streets that pedestrians need to be watching. But, rather, the City's seemingly exploding population of "rouge" bicyclists who defer using bike lanes to sidewalks and recklessly ride against traffic, the New York Times reports. And this isn't a new debate. The battle for street-space between walkers and bicyclists has been documented as far back as the early 1900s.

As our New York City pedestrian accident attorneys reported in an earlier post to our New York Injury Lawyer blog, more than 50 percent of the city's traffic fatalities during the last five years involved pedestrians. Last year alone, 155 pedestrians were killed walking or crossing New York City streets.

While cyclists may be responsible for some pedestrian accidents, the biggest danger to both comes from other motorists on the road in the form of passenger cars, trucks, taxis and buses.

The bottom line is: walking around New York City can be hazardous to your health. Despite a 35 percent drop in fatal New York City pedestrian traffic accidents from 2001 to 2009. Despite the fact that New York City is safer for pedestrian traffic than such major U.S. cities as Boston, San Francisco, Washington D.C., Los Angeles, Chicago and Atlanta. Despite the extensive and expensive recent installation of miles and miles and miles of bike lanes around the City. Despite the near decade-old hike in cyclist citation fees from $40 to $100.

New York City pedestrian traffic fatalities remain a huge concern for residents, law enforcement and government officials, the NYC Dept. of Transportation reports. And here's why. Pedestrians are 10 times more likely to die than their motor-vehicle occupant counterparts when involved in a serious New York City traffic accident. Whether the pedestrian is struck by a car or a cyclist matters little when it comes to the likelihood of serious injury or death. Pedestrians in New York City are the most vulnerable population on our streets. Period.

Continue reading "Bicyclists and Pedestrians at high risk for New York City car accident" »

It was almost a year ago when the 31-year-old, then an off-duty Brooklyn cop, struck and killed a 32-year-old woman as she tried to hail a cab after leaving a wedding reception. In court this week, the driver, who refused a breath test at the time of the fatal New York City car accident, pled guilty to second-degree vehicular manslaughter and admitted he was intoxicated at the time of the accident, the New York Times reported.

He is expected to serve 90-days in jail, undergo five years of probation and will see his driver's license suspended for one year. In addition, he is required to complete an alcohol treatment program and must install an interlocking device on his car, which requires a breath test before the vehicle can be operated. He will be formally sentenced on Sept. 24. He also resigned from his eight-year position as a Brooklyn law enforcement officer with the 68th Precinct.

After he pled guilty, the former officer spoke briefly with the family of the deceased. Her father, a pastor at the Church of God on Rodgers Avenue, said the family offered their forgiveness.

In 2007, more than 28,000 people were arrested for drunk driving in New York and 461 people were killed in alcohol-related car accidents in New York. In 2008, there were 320 fatal New York car accidents where alcohol was a factor in claiming 409 lives. New York drunk driving car accidents are responsible for about one-third of the state's traffic deaths.

Continue reading "Former Brooklyn cop pleads guilty to vehicular manslaughter in fatal NYC car accident" »

New York City is among the top 200 most dangerous places in the nation when it comes to the risk of being involved in a traffic accident. On city streets, drivers and pedestrians are 32.3 percent more likely to be involved in a New York City car accident than hometown drivers elsewhere in the country, Allstate Insurance reports.

In the 2010 report ranking "Best Drivers", New York City placed 159th, representing a 14-point drop in rankings from the previous year. According to the study, the average New York City driver is involved in a car accident every 7.8 years. New York City scored worse than major U.S. cities like Atlanta, San Diego and St. Louis but better than Miami, Philadelphia, Los Angeles and Washington D.C.

Washington D.C. was the worst city in the nation for drivers, with the average driver reporting an accident every 5.1 years. The best city was Fort Collins, Colo., where drivers went an average of about 14.5 years without reporting an accident.

"For the sixth year, Allstate is releasing the Allstate America's Best Driver's Report to facilitate an ongoing dialogue on safe driving," said Mike Roche, senior vice president, Allstate's Claim Organization. "Human error is the biggest cause of accidents. It is vital for us to educate drivers across the country on the importance of being tolerant and attentive behind the wheel."

Safe driving tips offered with the study include:

~ Focus on your driving and minimize distractions (cell phone, eating while driving, etc.).

~ Be aware of potential hazards and road conditions.

~ Don't tailgate! Maintain a safe following distance.

~ Be a happy driver. Avoid potential road rage by giving yourself plenty of time to reach your destination. Don't drive aggressively. Instead, drive defensively.

~ Make sure your car is in good working condition.

Continue reading "Risk of New York City car accidents ranks area among nation's most dangerous" »

Several New York Congresswomen are pushing voice-activated and hands-free technology as a safer means of communicating while behind the wheel, TMC News reported.

New York car accident lawyers frequently deal with serious or fatal accidents involving distracted driving, including those blamed on drivers who are talking on the cell phone or text messaging while behind the wheel. However, the verdict is out on whether hands-free devices are actually safer. The National Safety Council recently published a report on the cognitive distractions associated with using hands-free devices while driving and found that they are as dangerous as hand-held devices.

Congresswoman Carolyn McCarthy, D-NY4, and Congresswoman Nita Lowey, D-NY18, announced support and participation in an event today at the U.S. Capitol, which is aimed at promoting voice solutions to distracted driving.

The National Highway Traffic Safety Administration reports that 6,000 people are killed and more than 500,000 are injured each year in accidents caused by distracted driving, making it the most serious threat to motorists safety after speeding and drunk driving.

The event will aim to promote smart technology and voice solutions.

Meanwhile, the National Safety Council study found that drivers who use cell phones --whether hand-held or hands-free -- see up to 50 percent less of their driving environment. The study found that 11 percent of all drivers are using a cell phone at any given time and that one-fourth of all crashes involve a driver who was on the phone.

"Cell phone use while driving has become a serious public health threat," said Janet Froetscher, NSC president and CEO. "Several states and municipalities have passed legislation allowing hands-free devices while driving. These laws give the false impression that hands-free phones are a safe alternative, when the evidence is clear they are not. Understanding the distraction of the brain will help people make the right decision and put down their cell phones while driving."

Continue reading "Hands-free cell phones no magic solution to distracted driving car accidents in New York City" »

Fewer people were killed on U.S. roads last year than at anytime since 1950, according to statistics released this month by the National Highway Traffic Safety Administration.

The number of fatal New York car accidents also declined, as did the number of area car accidents caused by drunk drivers.

In 2009, a total of 33,808 motorists were killed on the road, compared to the 37,423 reported deaths in 2008. That compares to a total of 33,186 recorded in 1950. Injuries also declined, from 2.346 million in 2008 to 2.217 million last year. Forty-one states joined the District of Columbia and Puerto Rico in reporting fewer fatalities.

"Today's announcement shows that America's roads are the safest they've ever been," said U.S. Transportation Secretary Ray LaHood. "But they must be safer. And we will not rest until they are."

The Centers for Disease Control and Prevention reports that motor vehicle accidents remain the leading cause of death for those ages 3 to 34. And alcohol-related driving fatalities continue to account for about one-third of all fatal accidents.

"Today's numbers reflect the tangible benefits of record seat belt use and strong anti-drunk driving enforcement campaigns," said NHTSA Administrator David Strickland. "But we are still losing more than 30,000 lives a year on our highways, and about a third of these involve drunk driving."

Fatal accidents in New York declined from 1,238 in 2008 to 1,156 last year. Twenty-eight percent of fatal crashes involved alcohol during both years -- 346 fatal alcohol crashes in 2008, compared to 321 last year.

Continue reading "Fewer fatal New York car accidents follow nationwide trend in 2009" »

For New York City drivers, the Labor Day weekend may bring more stress than relaxation. Times Square, Chelsea and Midtown East place first, seventh and eighth respectively for travel destinations this weekend, according to businessreviewusa.com.

Despite the threat of a now-fizzled hurricane and high unemployment rates, hotel room bookings reflect a trend toward domestic travel across the U.S. More domestic travel translates into booked hotel rooms, bigger crowds and more city-bound and intrastate traffic on roadways.

The New York City car accident attorneys at the Law Offices of Nicholas Rose, PLLC, understand that surviving a car accident can be a traumatizing and confusing time. Our staff, investigators and medical professionals are dedicated to helping victims of car accidents get the care and compensation they deserve and understand their rights and responsibilities.

Auto club AAA is predicting that about 34.4 million people are likely to travel at least 50 miles over Labor Day, a 10 percent increase over last year, usatoday.com reports. The spike is attributed to dropping gas prices and a demand for air travel.

In tandem with the holiday, New York state law enforcement from more than 500 agencies will be out enforcing their annual "Over the Limit. Under Arrest." drunk driving crackdown. With these series of sobriety checkpoints and DWI "saturation" patrols, New York drivers will see the final-stage implementation of "Leandra's Law" - named after 11-year-old Leandra Rosado, who was killed last October in a New York drunk driving accident, the New York Daily News reports.

"Leandra's Law" requires that all New York drivers with a DWI conviction install a breathalyzer "interlock" device in their vehicle. This device requires drivers pass a breath test before they are able to start their car.

Continue reading "New York City packed this Labor Day weekend, claiming three Top 10 spots in domestic travel destinations" »