New York Injury Lawyer Blog

The National Highway Traffic Safety Administration has launched a series of video testimonials regarding the deadly consequences of distracted driving. New York car accident lawyers are frequently called to represent clients who have been injured or killed by a distracted driver.

"In 2009, distracted driving killed nearly 5,500 people and injured half a million more but statistics never tell the whole story," U.S. Transportation Secretary Ray LaHood said. "Behind these numbers are children, parents, neighbors and friends. They're families torn apart by senseless, preventable crashes."

The New York State Department of Motor Vehicles reports nearly 600 accidents were caused by cell phones last year -- a number likely under-reported.

"Our 'Faces of Distracted Driving' web series will share the stories of these people whose lives have been forever changed because of texting or talking behind the wheel," LaHood said. "They will all tell you the same thing: no message or call is worth the risk."

Among the series' first videos:

-Margay Schee, 13, who was killed in a Sept. 2008 accident when her school bus was rammed by a semi truck.

-Julie Davis, 58, who was walking with a friend when she was killed by a 19-year-old driver traveling at 70mph.

-Ashlee Johnson, 16, killed when she lost control of her vehicle in May 2010. She crossed the centerline and hit a pickup head-on. Her father had warned her about using her cell phone while driving but she was text messaging at the time of the crash.

Continue reading "Video campaign aims to drive home danger of distracted driving car accidents in New York, elsewhere" »

Winter driving is upon us and wet and icy roads are a leading cause of New York City car accidents and traffic accidents in the surrounding area.

The New York State Department of Motor Vehicles reports a total of 314,974 accidents claimed 1,060 lives last year. The NYPD reported more than 50,000 accidents in New York City, which claimed 256 lives.

Nearly 27,000 accidents were blamed on slippery roads, a number authorities know represents only a small fraction of winter driving accidents. Multiple accident factors, under-reporting and other statistical anomalies are responsible for the shortfall.

The state reports it will use 600 dedicated winter maintenance personnel and 800 pieces of snow-removal equipment in the fight to keep the roads clear of ice and snow this winter.

Motorists can do their part by following New York safe Winter Driving Tips:

-Posted speed limits are for ideal conditions. Reduce speeds to match road conditions.

-Allow extra travel time to reach your destination.

-Use headlights in bad weather.

-Make sure your vehicle is well maintained and in good working condition, including windshield wipers, batteries, tires and defrosters.

-Carry flares, gloves, flashlights, blankets and other equipment that would be helpful in an emergency.

-Allow for more following distance.

-Be courteous.

-Use turn signals and stay to the right except to pass.

-Wear your seat belt.

Continue reading "Winter weather a primary cause of New York City car accidents" »

On the heels of the busiest travel day of the year, digital mapping company NAVTEQ released a traffic study that spotlights New York City roadways as the most congested in the U.S., TechCrunch reports. In fact, the north-bound section of Brooklyn Battery Tunnel and the east-bound lanes of Washington Bridge claimed the top two spots for slowest rush hour. NYC also leads the nation for worst rush hour traffic. Add to that a heaping helping of holiday traffic paired with Thanksgiving Day Parade road closures and traffic in and around NYC between now and Sunday is expected to be all but at a standstill.

With that said, New York City car accident attorney Nicholas Rose would like to wish everyone a safe and enjoyable holiday with family, friends and loved ones. We would then like to remind drivers and passengers that along with more traffic, so increases the risk of a New York City car accident.

The Journal News reports that in 2009, 92,000 people headed out of NYC on Metro-North trains between noon and 8 p.m. the Wednesday before Thanksgiving, representing a 25 increase in normal daily passenger population. And the New York State Thruway also saw record-breaking traffic during the Wednesday-to-Sunday Thanksgiving holiday with nearly 3.2 million vehicles traveling more than 113.6 million miles on the Thruway.

The AAA Foundation expects that 42.2 million Americans will drive 50 miles or more this holiday, an increase of nearly 12 percent over last year's travel numbers. Although Thanksgiving travel is down significantly from a 2005 peak of 58.6 million travelers, AAA President and CEO Robert L. Darbelnet says the forecast is hopeful and appears to be the result of an increase in real disposable personal income, a decrease in consumer debt and a stabilized unemployment rate.

"These improvements, along with a strong desire to spend time with friends and family, are expected to propel a significant increase in Thanksgiving travel," Darbelnet said.

State and local law enforcement officials suggest that drivers give themselves extra time to reach their destination, and regularly check for traffic and road condition updates before hitting the road. They also note that all travelers should try to treat each other with courtesy and patience. Taking regular rest breaks, staying off your cell phone while driving and simple things like wearing your seat belt and avoiding impaired driving are also potentially life-saving tips.

Continue reading "On Thanksgiving Eve, New York City noted for most congested roadways in North America" »

New York City Bicycle Accident Attorney Nicholas Rose is continuing to monitor on his New York Injury Lawyer Blog the ongoing battle between New York City cyclists and motor vehicle drivers vying for road space on New York City streets.

The latest move by the Bloomberg administration is a push to scale back what was initially to be a divided - therefore separate and protected - bike lanes extending from 34th Street to 125th Street on First and Second Avenues the New York Times reports.

Transportation Department officials are insistent that the lane constructions are just to be delayed until 2011, that the change in plans is little more than a temporary situation. But, New York City cycling enthusiasts who hosted a rally on City Hall steps last week believe the "delay" is really a signal by the Bloomberg administration that the bike lanes will go terminally unfinished.

Along with the gathering of about 40 cyclists came 2,500 handwritten letters for the Mayor from lane supporters. Concern for the project is not just a move to advance the cause of cyclists. According to Gothamist, a ten-year review of Department of Transportation data suggests that between 1998 and 2008, close to 4,900 pedestrians or cyclists were killed or injured between Houston and 125th Streets along First and Second Avenues with more than 70 percent of accidents happening on the incomplete stretch between 34th and 125th Streets.

And it's not just tension between the Mayor's office and cyclists that is ratcheting up. Local law enforcement and cyclists are also butting heads with more frequency as New York City cops have taken a more aggressive posture with cyclists who violate traffic and lane laws.

One recent Gothamist report ran with an image of a NYC police car parked atop the green bike lane. The copy indicated that more than one cyclist was ticketed on the corner of 14th and 1st after attempting to ride around the parked cop car, thus crossing from the bike lane onto the street. One cyclist said he received a $130 ticket for "reckless operation of a bicycle" for the maneuver.

Continue reading "New York City bicycle accidents frequently the fault of motorists" »

The first speeding ticket issued in the U.S. was written in 1905. The fine was $10, and the driver was cited for traveling 10 m.p.h., the Auto Insurance reports. Suffice it to say that as long as there have been motor vehicles, there have been lead-footed drivers anxious to arrive at their destination somewhat faster than the law permits.

New York ranks seventh for states where drivers are most likely to be cited for speeding. Not only are New York drivers more likely to be cited, they are also more likely to be caught, or at least captured on film. New York City ranks second in the nation for areas with the highest number of traffic cameras. Chicago leads the country with 406 cameras, NYC has 372 and Washington D.C. ranks third at 311.

And, there's a good reason for such stepped-up law enforcement when it comes to speeders in New York. In 2009, 11 percent of all New York fatal car accidents - or 28,263 out of 256,953 reported car accidents - were linked to drivers traveling at an unsafe speed. More than 305 people died and another 12,867 were injured in New York speed-related car accidents, the New York Department of Motor Vehicles reports.

In New York, men and women aged 18-29 are more likely to speed and more likely to be injured or killed due to speed-related crashes than any other age group. The NYDMV reports that in 2009, 147 men and 18 women were killed and 3,999 men and 1,956 women were injured in New York speed-related crashes.

According to the National Highway Traffic Safety Administration, speed-related car accidents cost Americans $44,193 per minute, or more than $23 billion per year in lost wages, medical bills, quality of life compensation and, among other things, vehicle repairs and work productivity.

The AAA Foundation offers a handful of tips to help drivers identify aggressive driving and avoid incidents of road rage:

~ Stay out of the left lane if you drive the speed limit or slower, don't cut people off or hang on someone's bumper.

~ Save the obscene hand gestures for when you're at home or among friends and retelling your story about that crazy driver. Avoid making eye contact and give the aggressive driver space.

~ Remember, you are sharing road space, not playing a video game or vying for pole position at the Daytona 500. Getting to your destination is about arriving safely, not getting there first.

~ Lastly, cultivate some empathy for your fellow drivers and put yourself in their shoes before flying off the handle and chasing they up the highway to let them know how little you appreciate that they just cut you off.

Continue reading "Speeding remains a killer hazard for New York City drivers" »

As the clocks rolled back this weekend past with Daylight Savings Time, New York City car accident lawyer Nicholas Rose knows there were more than a few New Yorkers thrilled to catch an extra hour of sleep. Based on a recent pair of distinct studies sponsored by the AAA Foundation and Univera Health Care, more and more Americans are getting less and less sleep.

As we recognize Drowsy Driving Prevention week this week, please make the dangers of sleepy driving part of the conversation you have with friends and family.

Overall, WBEN-930 AM reports, the average amount of shut-eye a Downstate/New York City resident reports getting is just 6.9 hours per night. The local trend rings true nationally as well. The Univera study found that Americans, on average, sleep 1.5 to 2 fewer hours per night than we did a half-century ago. Doctors recommend that adults sleep 7 to 8 hours per night and teens catch up to 9.25 hours of shut-eye for sleep to be properly restful and restorative.

Medical professionals have long documented the ill-effects of sleep deprivation and a lack of sleep has been linked to obesity, heart disease, stress, memory and cognitive impairment and depression. What the AAA Foundation study found is that it also plays a significant role in machinery-related and motor vehicle accidents. Driver fatigue is now believed to play a role in one in six fatal car accidents and one in eight accidents where occupants require hospitalization.

And, while 85 percent of drivers surveyed said it was "completely unacceptable" to get behind the wheel if a driver feels they can't keep their eyes open, more than a quarter admitted to doing just that within one month of being polled.

If you work more than 60 hours a week, more than one job, or do shift work, you may be more likely to experience driver fatigue. Also in a higher risk group are students and athletes who work while going to school, young men aged 16-24, and commercial drivers. To spot signs of fatigue and help combat it, the National Sleep Foundation offers a handful of simple tips:

~ SIGNS of FATIGUE: fooling with the radio or radically changing the temperature inside the car; trouble focusing, remembering and impaired judgment; missing your exit or failing to respond appropriately to traffic signals.

~ PREVENTING FATIGUE: most important - get enough sleep (at least six hours), watch for signs of fatigue, and STOP DRIVING if you find yourself nodding off. Even a 20 minute break and a quick dose of caffeine can do wonders for continued short-term travel.

~ Travel with a buddy, avoid alcohol or other drugs, embed intermittent stops every couple hours for a stretch-and-rest break.

Continue reading "Driver fatigue linked to one in six New York City car accidents" »

Despite significant reductions in fatal car accidents nationwide, the National Highway Traffic Safety Administration reports that a disproportionate number of fatal car accidents continue to occur in rural areas. The government reports rural accidents are 2.6 times more likely to be fatal.

Our New York City car accident lawyers are frequently called to deal with both types of accidents. Many of us are guilty of relaxing after we put heavy city traffic in the rear view mirror. This latest release of information by the government is another indication that the most dangerous part of our commute may come after we hit the suburbs.

Speed was the most frequent cause of accidents -- accounting for about one-third of both rural and urban traffic accidents. Drunk drivers were also involved in about one-third of fatal accidents. About half of those killed were not wearing their seat belts.

Rural New York car accidents accounted for just over half of all traffic fatalities. A total of 622 drivers were killed in rural accidents. Urban accidents in New York claimed 609 lives. While those two numbers appear similar on the surface, the real discrepancy comes from the fact that far more drivers commute to work in an urban setting each day in New York, which makes the accident rate per mile traveled much higher for rural drivers.

A number of independent studies have been conducted on the issue. And the federal government has highlighted some reasons for the disproportionately high number of fatal crashes in rural areas.

-Rural roads are more likely to have curves and hills, which provide additional challenge to drivers -- particularly those who are tired or under the influence.

-It takes EMS personnel nearly three times longer to reach an accident scene in a rural area -- 19 minutes versus 7 minutes.

-It takes about twice as long for a rural crash victim to reach the hospital -- 53 minutes versus 36 minutes.

Continue reading "Rural New York car accidents a hidden danger" »

USA Today reports that parents are turning to teen driving contracts in an effort to help regulate the behavior of their young drivers behind the wheel.

As we reported last month on our New York Injury Lawyer Blog, authorities are also encouraging parents to become more active in the driver's education process.

As we frequently report, car accidents are the leading cause of death for teen drivers ages 15 to 20, according to the National Highway Traffic Safety Administration.

New York car accidents involving teen drivers killed 181 motorists in 2008. Nationwide, more than 6,400 motorists were killed in accidents involving young drivers. More than 228,000 were injured.

Driving contracts have been around for years, but the low-tech solution is enjoying a bit of a resurgence in today's decidedly high-tech world. The contracts typically restrict a teen's driving rights and provide more freedom as a young driver becomes more experienced behind the wheel. The contracts also clearly spell out the penalties for violations.

Many insurance companies encourage the contracts and some provide policy discounts for parents and teenagers who have executed a written agreement.

"It's a way for parents and teens to engage with each other and agree on what the consequences are," says Arlene Greenspan, who is with the Injury Center at the Centers for Disease Control and Prevention. "Writing it down clarifies for everybody what the rules are."

The AAA New York Teen Driving Contract is available here.

Continue reading "Teen driving contracts may help young drivers prevent New York car accidents" »