New York Injury Lawyer Blog

Spring is officially in full bloom so many New Yorkers will start taking advantage by getting outdoors to enjoy the warmer weather. If you are a bicycle enthusiast who likes to ride on city streets, bike paths, or nature trails, New York personal injury lawyer Nicholas Rose wants to remind you to be safe out there.

In addition to the many that use bicycles as a mode of transportation, will be the added cyclists who enjoy riding as a hobby, who compete in races, or who enjoy an evening ride with their family. New Yorkers may even see more bicyclists on the roadways this spring and summer due the high cost of gas, which doesn't appear to be turning back the other way any time soon.

Bicycling can be dangerous as we have posted many times on our New York Injury Lawyer Blog. In 2009, New York State Department of Motor Vehicles reported over 5,600 bicycle accidents in the state. Almost half of the fatalities occurring from bicycle accidents were in New York City alone, another almost 2,800 were injured in cycling accidents in the city.

A recent crash in upstate New York has left three cyclist severely injured according to The Saratogian. Twelve cyclists competing in the Tour of the Battenkill race were injured; three of them sustained injuries severe enough that they had to be transported by helicopter to the hospital. Details of the accident are still being investigated.

Whether you are taking a casual ride through Central Park with the family or competing in a cycling race, New York bicyclists are reminded of the following safety tips:

-If you are traveling alone, let a friend or family member know where you will be riding and how long you think you will be gone.

-Remember to carry a fully charged cell phone with you while you are riding.

-Wear brightly colored clothing, especially during dawn or dusk hours or high traffic times.

-Always wear a helmet that fits securely. The helmet should cover the forehead and the chin strap should fit securely not allowing any movement of the helmet. The helmet must be approved by ASTM, CSA or Snell.

-Maintain your bicycle with routine safety checks. Make sure your tires have the correct air pressure, the brakes work sufficiently and the reflectors are visible and properly secured.

-Never assume what other cyclists, motorists or pedestrians are going to do. Use extra caution when crossing streets or at highly congested areas.

Continue reading "Safe Riding can Help Prevent New York City Bicycle Accidents this Spring" »

Now that the temperatures are rising slightly, you may have noticed more motorcycles on the road. In fact, many members of American Bikers Aimed Toward Education New York have already done their traditional season kick-off.

Last week in Syracuse, members of ABATE kicked off motorcycle season with the traditional 'Blessing of the Bikes', according to Your News Now. The 27-year-old tradition is a reminder that bikers are back on the roadways so it is time to start promoting motorcycle safety and awareness.

New York motorcycle accident attorney Nicholas Rose knows the responsibility falls both on the motorists and the motorcyclists to keep roadways safe. In 2009, 146 motorcyclists were killed in New York crashes.

Learning to share the road is critical. This early in the season, New York State Police have already had two incidents to respond to in Rockland. According to Nyack-Piermont Patch the first incident resulted in fatality of a middle-aged father of two. In the second incident the motorcyclist collided with a truck but remained unscathed walking away with minor injuries.

The majority of collisions occur when the vehicle driver fails to yield the right-of-way to a motorcyclist or doesn't see them at all.

Some states require helmets to be worn, while others don't. Some believe that helmets actually cause injury when involved in a crash. Research has shown that riders who wear helmets have survived a crash more often than a rider who does not. Motorcyclists are reminded that wearing a helmet is state law in New York and failure to do so can lead to $100 fine as well as possible jail time.

Motorcyclists should be aware of the things that are in their control when sharing the roadway with other motorists. Always wear a helmet and protective gear. Motorcyclists should wear bright clothing in order to be made more visible. Bikers should always be courteous to other motorists but alert for signs of aggressive driving. Aggressive behaviors often lead to fatal accidents.

Still, no amount of safe riding can guarantee you will not be involved in a New York motorcycle accident; over half of all accidents involving a passenger vehicle are the fault of the vehicle's driver.

Continue reading "Spring a Dangerous Time for New York Motorcycle Accidents" »

Pedestrians in New York can feel a little safer now that countdown timer installations will be starting at dangerous intersections, reports the Gothamist.

Although New York personal injury lawyers do concur that using caution, being alert and paying attention at busy, dangerous intersections lowers your risk of having a New York pedestrian accident more than anything.

We had previously posted on our New York Injury Lawyer Blog that the New York Department of Transportation (NYDOT) had launched an investigation into pedestrian accidents at intersections. They concluded that countdown timers would greatly improve pedestrian safety. The project is underway and by summertime, 43 timers will be installed with the eventual goal of having 1,500 timers in place citywide.

"Crossing the street doesn't need to be a guessing game," DOT Commissioner Janette Sadik-Khan said in a statement yesterday. "New York City's streets have never been safer, but we need to do even more and countdown signals can help pedestrians avoid getting caught short."

Though some New Yorkers miss the old "Walk" and "Don't Walk" signs, adding countdown timers to the current White Man/Red Hand pictures will be a welcome improvement.

Countdown signal locations can be viewed here.

In 2009 the National Highway Traffic Safety Administration reported that 4,092 pedestrians were killed and 59,000 sustained injuries nationwide. Their deaths accounted for 12 percent of all traffic fatalities. In New York there were 1,156 traffic-related deaths, of those, 306 were pedestrians. New York ranked third, behind DC (48 percent) and New Jersey (26.9 percent), as having the most traffic-related deaths as pedestrians recorded at 26.5 percent.

Over half of all fatal traffic accidents in New York City involved pedestrians last year.

The following are useful safety tips that New York City pedestrians are encouraged to follow:

-Pedestrians in crosswalks have the right-of-way, but should always be alert.

-Always use crosswalks, look left, right, and then left again before crossing the street.

-Pay attention; don't be listening to music or talking/texting on a cell phone while trying to cross the street.

-During nighttime hours, always carry a flashlight and wear reflective clothing in order to be better seen by motorists.

-Use the sidewalk as it is meant to keep you safe. If no sidewalk is available, walk along the edge of the street facing traffic.

Continue reading "Improvements aim to Reduce Risk of New York City Pedestrian Accidents this Spring" »

Last month we posted on our New York Injury Lawyer Blog about the tragic New York City bus accident that killed 15 passengers; the bus collided with a tractor-trailer in the Bronx following a trip to Mohegan Sun casino.

Tour buses are a common mode of transportation for New Yorkers and tourists who enjoy gambling, historical sites, and garden tours. New York personal injury lawyers want to remind tourists that as we approach summer tour season, it's important to do your homework when picking a bus company.

Bus companies have a responsibility to comply with federal regulations to keep passengers out of danger.

Following the Bronx bus accident, the New York State Department of Transportation (NYSDOT) decided measures needed to be taken to keep tour bus companies in check. Governor Cuomo pushed additional safety inspections following the incident; 164 buses and drivers were inspected across the state of New York at 13 different locations. New York City Police, New York State Police, Border Patrol and NYSDOT inspectors made a cooperative effort to execute the inspections over a 3-day period.

"Bus operators and drivers must follow the basic rules and regulations of the road designed to keep passengers safe," said Governor Cuomo. "As proven by these enhanced checkpoints, some of these drivers had no business being behind the wheel and some of these buses had no business being on the road - this is a warning to everyone involved to abide by the law."

Results from the weekend inspection last month included the following:
-New York State Police handed out 45 moving violations to bus drivers over the course of the inspection weekend.

-Manhattan had 3 checkpoint locations in which 26 buses were pulled over for inspection. Over 60 percent of the buses or drivers at the inspection were found with violations substantial enough to remove them from service.

-There were 72 minor vehicle infractions reported at the 3 checkpoint locations in Manhattan.

-Throughout the rest of the state, 138 buses were inspected. There were 25 bus and/or drivers pulled out-of-service following the inspection.

Other targeted locations besides Manhattan were Hudson Valley, Upstate New York, Long Island, and the state border near Canada.

NYSDOT typically conducts 160,000 pre-scheduled inspections twice a year on school, airport, line-run commercial, ambulette, and charter buses. Two tragic accidents involving numerous fatalities in March have forced them to up the profile of such inspections.

"While the actions of a few should not tarnish an important and reliable industry, the memory of those who lost their lives in March demands that additional action be taken to safeguard the traveling public," said NYSDOT Commissioner Joan McDonald. "As always, drivers and buses found to be unsafe will be removed from the road."

Continue reading "Coach Safety Critical in Preventing New York City Bus Accidents" »

A recent tragedy in El Paso is a reminder to parents to make sure children are properly and securely fastened in their car seat before putting the car in to drive. As reported by KVIA, a 9-month old baby was killed in a head-on crash after not being strapped securely into a car seat. The infant's grandmother, who was driving the vehicle, placed the child in a baby bouncer located in the front passenger seat rather than securely fastened in child restraint safety seat, which should have been located in the back seat.

New York personal injury lawyers understand the importance of selecting and using the appropriate car seat in an effort to provide your child with maximum protection in the event of an accident.

The National Highway Traffic Safety Administration is trying to make it easier for parents and caregivers to prevent child injuries and fatalities by revising child restraint guidelines. The NHTSA is now advising that children be kept in each restraint type, which includes rear-facing, forward-facing and booster seats, for as long as possible. The new guidelines set forth by NHTSA are now consistent with the latest suggested by American Academy of Pediatrics.

"Safety is our highest priority," said Transportation Secretary Ray LaHood. "The 'best' car seat is the one that fits your child, fits your vehicle and one you will use every time your child is in the car."

The rear-facing position is proven to reduce stress on the neck and spinal cord, which is important for growing babies. It is now recommended that babies be kept in rear-facing restraints at minimum until age 2, but preferably until they no longer meet the weight and height requirements set forth by the car seat manufacturer.

One recommendation made by the NHTSA that parents should pay particular attention to is to always read the child seat manufacturers' instructions and the owner's manual for your vehicle for important information on height, weight and proper installation requirements. The Moonee Valley Leader reports that a good number of parents don't install their car seats properly. More than 80% of parents checked at a free inspection session were found to have incorrectly fitted child car restraints. This report came following another nearby town that had the same type of free inspection session that also reported 85% of child seats were fitted incorrectly during their free inspection.

If you would like more information about what kind of car seat to use, visit NHTSA Ease-of-Use Ratings.

Continue reading "New Car Seat Recommendations Reduce Risk of Child Injuries in New York Car Accidents" »

Tourists and visitors using New York Subway systems often find subway stations to be dangerous with regard to the dark and desolate un-lit stairwells, escalators, or platforms.
New York personal injury lawyers that a municipal liability accident or premise liability accident can occur when a dangerous condition at a subway station or bus stop is not addressed.

New York subway stations are a popular place when commuters are trying to get to work or sports fans are trying to get to sporting events. Train and subway station managers have a responsibility to keep their stations' platforms, stairwells, and escalators in good repair. According to Federal Railroad Administration there have been over 20 fatalities each year on New York railways over the last 3 consecutive years. NY Subway reports that platforms are often the most dangerous place for accidents to occur. In fact, 90% of incidents occur on platforms throughout the city, which plays host to over 4 million people every day.

Not all accidents involve adult commuters or involve incidents on the tracks. The New York Times recently reported about a young high school student who was seriously injured on his way to school. The student was moving swiftly down the narrow and dimly lit steps before falling into a southbound express train on the southern end platform at Union Square station. The boy hit his head on the stationary subway train and sustained serious injuries but did not fall onto the tracks. He was transported to the hospital in critical conditon.

Trains and subways are a popular mode of transportation for fans traveling to New York sporting events. As baseball season becomes in full swing, fans attending Mets and Yankees games are reminded of the following safety tips when traveling by train or subway:

-Catch an early train or subway to avoid peak commuter travel. Getting to the game early allows time to watch batting practice or catch a few autographs.

-Never run or walk on escalators and always face forward. Stairwells should never be run down, especially when overly crowded.

-Never stand at the edge of a platform while waiting for the train or subway to arrive. Platforms are clearly marked for safety so make sure you stay in a safe area.

-Wait for everyone to clear from the door before stepping on to the car. Make sure all items like jackets, umbrellas, bags or personal items are clear of the door before it closes.

-When standing while riding, be sure you hang on to a bar, hand strap or seat around you to maintain balance at all times. A sudden stop or push by other riders could result in serious injury if you fall down.

Continue reading "Subway System a Common Site for Injury Accidents in New York City" »

Distracted driving is a topic frequently posted about on our New York Injury Lawyer Blog.

Last month, we reported that New York drivers can now face 2 points on their driving record as well as a $100 fine for talking on their cell phone -- nearly 2 million tickets have been issued in New York for use of a cell phone behind the wheel.

New York personal injury lawyers think that New York drivers aren't getting how serious talking and texting on your cell phone can be when it comes to causing New York car accidents. It's serious enough that April is now being designated as National Distracted Driving Awareness Month.

The National Safety Council and FocusDriven (an advocate group dedicated to cell-free driving) are asking motorists to create awareness by putting their phone down while they drive for the month of April and beyond. It is estimated by NSC that 1.6 million crashes, or 28% of crashes each year, involve someone who is either texting or talking on their cell phone while driving.

"If drivers can go one month without using their phones while driving, they will find out - as many of us have - work still gets done. Many drivers realize most of the calls they thought were so important, really aren't. It is our hope drivers will decide to make the change permanently. Doing so will make our roadways safer for everyone," said Jennifer Smith, FocusDriven president and founding board member.

Throughout the entire month of April, drivers are urged to commit to shutting off or putting their phone on silence while they are driving. Another suggestion is to put the cell phone either in the trunk or glove compartment where it can't be considered a distraction. Last, drivers should create a temporary message letting callers know they are driving but will return their call later. If all drivers committed to one of these measures to eliminate the temptation to respond to a call or text alert, distracted driving accidents would likely diminish significantly in New York and across the country.

Many companies offer cell phones to their employees. However, most companies don't have a cell-phone policy in place prohibiting employees from talking on their cell phone while they drive. Multi-tasking has become so prominent that employees risk their lives every day trying to take care of business while they drive during company hours.

"National Distracted Driving Awareness Month also is the perfect opportunity for businesses to implement cell phone policies to protect employees. When businesses allow employees to conduct business on cell phones while driving, they are putting their employees at a 4 times greater risk of a crash," said Janet Froetscher, NSC president and CEO. "NSC provides many resources, including a free Cell Phone Policy Kit for Employers, to help businesses protect employees."

Continue reading "Feds Push Distracted-Driving Awareness in April - Reduction in New York Car Accidents a Goal" »

The National Highway Traffic Safety Administration recently reported that 2010 marked the lowest rate in traffic fatalities since 1949. What they failed to emphasize was that the last 6 months of 2010 reported an increase in the number of traffic fatalities by almost 2 percent -- the first increase since the beginning of the economic downturn.

New York Personal Injury Attorney Nicholas Rose doesn't want New Yorkers to get too caught up in celebrating the nationwide news since this region, which consists of New York, Pennsylvania, and New Jersey reported an increase of almost 2.5% in traffic fatalities for 2010.

In fact, we posted previously on our New York Injury Lawyer Blog that New York accidents are on the rise. The economic recovery has put New Yorkers back on the streets. As a result, 269 fatalities were reported in the five boroughs in traffic crashes for 2010.

The U.S Department of Transportation finds the preliminary statistics on traffic fatalities a positive considering the number of miles traveled by Americans increased by 21 billion miles from 2009 to 2010. The fatality rate per 100 million vehicle miles traveled decreased from 1.13 in 2009 to 1.09 in 2010.

"Last year's drop in traffic fatalities is welcome news and it proves that we can make a difference," said U.S. Transportation Secretary Ray LaHood.

Of course the government would like to take most of the credit for the reduction in fatalities based on the safety laws and campaigns they have put so much emphasis on the last year or so. They feel the decrease in traffic fatalities is in large part due to national campaigns like "Click It Or Ticket", "Over the Limit. Under Arrest." or the development of an anti-distracted driving awareness website Distraction.gov.

"Too many of our friends and neighbors are killed in preventable roadway tragedies every day," states LaHood. "We will continue doing everything possible to make cars safer, increase seat belt use, put a stop to drunk driving and distracted driving and encourage drivers to put safety first."

The fact still remains that traffic fatalities rose during the final 6 months of 2010 according the early data provided by NHTSA. It is pretty much a given that New York will become more and more populated in the months to come as unemployment rates continue to improve. New Yorkers will need to exude a tremendous amount of patience and better driving behaviors in order to keep the number of traffic fatalities from continuing to rise in the future.

Continue reading "New York Car Accidents Likely to Increase with Improving Economy" »