New York Injury Lawyer Blog

The National Safety Council focuses an entire week of its National Safety Month on the importance of Safe Teen Driving. According to the council, our teens are involved in at least 15 fatal traffic accidents each day. It's not only our teen drivers that are affected by teen car accidents in New York, but also other motorists who may suffer serious consequences. Nearly 70 percent of people killed in these accidents that involve a teen driver are the motorists other than the teen. These others include the occupants of other vehicles, passengers of the teen drivers, motorcyclists, pedestrians and bicyclists, according to the National Highway Traffic Safety Administration.

Our New York personal injury attorneys encourage you to help educate our young drivers in an effort to keep all motorists on our roadways safe. The best way to increase the safety of everyone is to provide our young, inexperienced drivers with adequate driving knowledge and practice to make them more comfortable and responsible on our roadways.

The United States reported more than 208 million licensed drivers in 2008. Drivers between the ages of 15 and 20 made up more than 6 percent of that total. This means there were more than 13 million teen drivers that were on our roadways that year. This was an increase of more than 5 percent from the number of teen drivers in 1999.

During 2009, more than 2,500 teen drivers were killed in motor-vehicle accidents in our country. There were an additional 196,000 teen drivers that were injured in these accidents during the year. It is important to remember that these statistics don't even include the number of non-teen residents that were killed or injured in these accidents.

Throughout 2009, more than 5,000 teen drivers were involved in fatal accidents. These accidents accounted for 11 percent of all the drivers that were involved in fatal accidents for the year.

There are a number of ways that we can chip in to help ensure our young driver's safety on our roadways:

-Make sure that your teen gets plenty of supervised driving. This will help to ensure that they're practicing safe driving skills as they're more likely to turn this driving practice into safe and effective driving habits.

-Try to expose your young driver to a number of varying driving conditions. While you may want to pull out your hair while riding with your teen through a summer downpour, it will help to ease your nerves when they hit the roadways alone in such conditions.

-Limit the number of passengers that your teen can drive with. Passengers are a distraction to teen drivers and increase the risks of them being involved in an accident.

-Be sure that your teen understands that there is to be no cell phone usage while behind the wheel of a motor-vehicle. Driving while using a cell phone gives a driver the same reaction time of a person who is driving while legally drunk.

-Try to limit the number of hours they drive in the evening. Help them to find another form of transportation if needed during the evening.

-Absolutely forbid drinking and driving. In 2009, nearly 25 percent of teen drivers that were involved in fatal crashes were reported to have been drinking.

-Try creating and agreeing to a parent-teen driving agreement to help set some ground driving rules between you and your young driver.

It is critical for us to help our young drivers and to teach them proper and safe driving habits to help reduce the risks of an accident for all motorists.

Continue reading "NSC Focuses on Teen Drivers to Prevent Car Accidents in New York City and Elsewhere" »

One of the leading causes of unintentional injuries are fall accidents in New York and elsewhere throughout the United States. These types of injuries result in nearly 9 million visits to emergency rooms every year.

Throughout this week, the National Safety Council will be recognizing slips, trips and falls in an effort to raise awareness about these preventable injuries. The Council uses the entire month to focus on a number of preventable accidents during its recognition of National safety Month.

Older adults, or those 55 and older, are the most likely to be the victims of a fall. These slips and falls can often result in serious injuries, many of which can drastically alter daily functions and the ability to lead an independent and active life. Residents 65 and older are roughly four times more likely to die from a fall than anyone in any other age group.

Our New York personal injury attorneys would like you to know that many of these slips and falls can be prevented if the proper precautionary steps are taken. There are measures a person can take to ensure their safety in their own home. But it's important to remember that business owners should do the same. Business, parks, shopping facilities and many other areas are required by law to ensure the safety of visitors. They are to keep their grounds in a safe and functioning manner. If a property owner fails to eliminate potential hazards and a fall occurs, that person or company can be held responsible for injuries and damages.

Here are some common causes for slip and fall accidents in public places:

-Poor lighting.

-Slippery or wet surfaces or floors.

-Debris on steps or in walkways.

-Torn carpet.

-The use of excessive polish or wax.

-Failure to provide adequate warnings.

-Missing handrails.

-Obstructed views.

According to the Centers for Disease Control and Prevention, one out of every three adults 65 and older will experience a serious fall. In 2007 alone, more than 18,000 older adults died from these falls. Medical attention for slips and falls cost the U.S. more than $19 billion in 2000 -- $179 million for fatalities and $19 billion for nonfatal injuries.

So how can you avoid these falls?

-Make your own home safer by adding railings and grab bars, and improving lighting.

-Make sure you exercise regularly. Focus on exercises that increase leg strength and balance.

-Have your eyes checked regularly by a doctor. It is recommended that you go at least once a year to update your eyeglass prescription to maximize your vision.

-Check with your doctor and pharmacists to make sure your prescriptions are not causing any dizziness or drowsiness.

About 30 percent of people who fall can expect to suffer from injuries such as hip fractures, head traumas and lacerations. Most commonly, the result of a fall is a traumatic brain injury.

Continue reading "NSC Raises Awareness about Slip and Fall Accidents in New York City and Elsewhere" »

Every parent wants to make their child's birthday, Bar or Bat Mitzvah, or other child-related event a big hit that everyone brags about for months. But there are liability issues to consider when hosting a party or event of this magnitude. Rental companies and party planners could be held responsible for negligent behavior leading to child injuries in New York when something goes awry with products that are rented and set up improperly for the event.

New York Personal Injury Lawyer Nicholas Rose knows the hazards that bouncy houses, water activities, rides and other rented equipment can bring to small children who are using them. Maintaining child safety should be the number one priority at parties offering these kinds of activities.

The Associated Press reports about the near tragic event that sent several to the hospital after three bouncy house toys lifted into the air on Long Island.

Gusty winds lifted the houses off the ground at a youth soccer event while children were playing in or near them. Thirteen people were taken to the hospital with injuries. The most serious injury was to a parent who was walking on the path when the 2-story slide part of the house landed on her causing head and spinal cord injuries.

Rideaccidents.com reports about several incidents throughout the country that have injured children and adults in the last couple of months. Inflatable toys have injured over 40 people on 10 separate occasions when high winds or too much weight has caused the inflatable toy to collapse.

The Consumer Product Safety Commission released a report stating that the growing popularity of inflatable toys has caused an increase in the number of child injuries and deaths at parties and events. The most recent data indicates that the 1,300 injuries reported in 1997 grew to almost 4,900 reported injuries in 2004. Inflatable toy manufacturers provide requirements for installing their product which should always be followed by operators in order to maintain a safe play environment.

Our neighboring state of New Jersey requires all operators be trained on all inflatable toys. Other states require only that operators have insurance. Most states have no guidelines in place at all.

Consumers who wish to rent inflatable toys for their event are advised to find a certified and trained rental company or operator. The Safe Inflatable Operators Training Organization (SIOTO) provides information about certified operators that will give you professional and quality service.

An operator setting up for an event should use the following guidelines to make sure the inflatable toy is safely erected:

-Place a tarp on the ground in order to protect the bottom of the unit.

-All units should be staked or weighted down with the use of sandbags or ground weights.

-Ensure there are no rips or holes in the unit once it is inflated.

-No sags should be visible - the unit must be fully inflated before use.

-All operating and safety procedures should be instructed verbally by the operator before they leave. Written instructions must also be left with the party host or event coordinator.

-Before leaving the premise, the operator should ensure that all questions are answered.

If an operator fails to follow through on any of these guidelines, they could be held liable if an injury were to occur. The recent New York incident claims weather to be the contributing factor to the bouncy house flotation. Affordable Inflatable Entertainment of Oceanside maintains the bouncy houses were anchored and set up properly. CBS New York reports the accident is still under investigation.

Continue reading "Bouncy House at New York Event Causes 13 Child and Adult Injuries Leading to a Trip to the Hospital" »

After three years in last place, New York drivers jumped from 50th place to 45th place for having the worst drivers in America. According to the 2011 GMAC Insurance National Drivers Test results our residents are extremely likely to be involved in a car accident in New York City and elsewhere throughout our state because many of our drivers lack basic driving knowledge. Do you know the proper steps to take after being involved in an accident?

The recently released test results revealed that 1 in 5 driver on our roadways lack basic driving skills and knowledge needed to pass a written driver's exam. This is worth repeating, roughly 37 million licensed drivers on our roadways are deemed unfit to be behind the wheel of a motor vehicle. For this reason, many of our local motorists should know the proper actions to take, before contacting an experienced attorney.

Our New York car accident attorneys understand that these inexperienced drivers pose a serious threats on our roadways as they increase the risk of a car accident for all motorists. Motorists need to take a look inward and evaluate their own driving ability in an attempt to keep them, their loved ones and all motorists safe on our busy streets. The assistance of an aggressive attorney can you win the proper compensation if you are victimized by a careless driver.

With these test scores so low, it's no wonder why the accident rate is so high in the Big Apple.

When do you report an accident in New York? If the property damage from the accident exceeds $1,001 or more for either party, it is required by the NYS Vehicle and Traffic Law that all the involved drivers file form MV-104 (Report of Motor Vehicle Accident). You are required to file this form with the DMV within 10 days of the accident. Be sure to do so in a timely manner as the DMV has the right to suspend your driver license if you fail to do so.

If some has been injured or killed in the accident, law requires that you immediately notify the police. All the involved drivers of the accident will then file an accident report with the DMV. Remember that it is a crime to leave the scene of an accident that causes personal injury or death.

After filing an accident report, the accident will appear on the records of all the drivers that were involved. It does not indicate that you were at fault on your driving record. The DMV does not try to determine fault in an accident.

Our state average was a 75.3 percent on this National Test. It is important that our drivers understand what steps to take in the event of an accident. In our state, more than 30 percent of our drivers failed the exam. This means 30 percent of drivers are likely to cause a serious accident on our roadways. We do have a little bit of good news, kind of, as Washington D.C. bumped us from last place with their 71.8 percent state average.

"The GMAC Insurance National Drivers Test has become the benchmark for America's driving IQ," said Scott Eckman, chief marketing officer, GMAC Insurance. "All Americans need a refresher course when it comes to rules of the road and it begins with education. We're hoping this year's GMAC Insurance National Drivers Test results will inspire drivers to arm themselves with the knowledge they need to stay safe."

Nationwide, the average test score increased from a 76.2 percent in 2010 to a 77.9 percent this year. While it's encouraging to see the increase in the average, this still means that a large number of drivers on our roadways are unfit to be driving. According to the test results, it was determined that nearly 90 percent of all of the tested drivers were unable to correctly identify the proper action to take when pulling up to a steady yellow light. Even worse, another 25 percent of drivers were unable to identify what a safe following distance was.

The GMAC Insurance National Drivers Test is conducted to remind drivers around the country to improve their credentials before they experience or cause a serious -- if not fatal -- car accident. The saddest part is that most drivers are completely unaware of their driving ignorance.

If you have been involved in an accident and would like a copy of the police report, you can call or visit the local police agency or precinct. You need to ask the agency if your report is available and inquire about what type of fee is required to obtain a copy.

If the police reports or the motorist reports have already been filed and processed by the DMV, you can jump online and use the Order and Access Accident Reports feature to locate and access PDF copies of the report.

You should take the National Drivers Test and see how you scores stand up in comparison to our state average. Hopefully you test a little better. It is also encouraged that you become more familiar with our state's road rules and the procedures of our state for the proper action to take if you're involved in a car accident.

Continue reading "New York Drivers Rank in Bottom 5 -- Do You Know How to Handle An Accident?" »

Inflate your tires! That's what a consumer advisory, from the U.S. Department of Transportation says all motorists should do before setting out on long road trips during these hot summer months.

Drivers should make sure that their tires are properly inflated and they should check for signs of tread wear and damage. If your tires are not up to par, you increase your risks of getting into a car accident in New York and elsewhere throughout the country. The consumer advisory was released just in time to coincide with National Tire Safety Week.

Our New York personal injury attorneys understand that many people will be enjoying their summer vacations over the next few months. During these summer months, motorists hit the road in full force as the amount of driving increases across the country. All motorists are urged to check out this consumer advisory and to check their vehicles to reduce the risks of a fatal accident.

"As the weather warms up, it's especially important for drivers to ensure their tires are properly inflated," Secretary Ray LaHood said. "For your safety and the safety of others on the road, inspect your tires regularly and maintain the proper inflation."

According to the Department's National Highway Traffic Safety Administration, recent data taken from 2005 to 2009 illustrates that roughly 3,400 people died because of these tire-related accidents. Another 116,000 people were injured during these preventable incidents.

"While it's true improperly maintained tires can contribute to a crash at any time of year, it is particularly critical for motorists to check tires during hot weather, when families and luggage often overload vehicles for long vacation trips," NHTSA Administrator David Strickland warned. "Underinflated tires spinning on hot asphalt for extended periods of time can be a recipe for disaster."

DOT urges that all motorists check their tires regularly, but especially before long trips taken in the hot summer months. It is also recommended that you keep an eye on the age of your tires as old tired are more susceptible to heat stress. This danger only increases if the tires are under-inflated. Everyone should take a look at the tire sidewall to see just how old their tires are. You can also check with the tire manufacturer or the vehicle owner's manual for the recommended time for how often to change tires.

If not for your safety, check your tires often to help you save some cash. Keeping your tire pressure low is pretty much equivalent to tossing money out the window. If you properly inflate your tires, you can help to save on you vehicle's fuel economy. According to the Department of Energy, tires that are not properly inflated can lower your vehicle's gas mileage by 0.3 percent for every 1 PSI (pound per square inch) that is low in all four tires.

Let's do the math. If your vehicle has a fuel-economy rating of 30 miles per gallon and a the tires have a recommended 35 PSI and you experience a drop of 25 percent in tire pressure, that would mean that you're losing 8.8 percent in your vehicle's fuel economy. That also means you're losing out on 2.6 miles per gallon. Add it up and that's a lot of wasted cash!

Whichever reason you choose to keep your tires properly inflated, just make sure you do it!

Continue reading "Just Put Air in Your Tires - Reduce Your Risks of a New York City Car Accident" »

SUV owners should no longer be as concerned about a rollover as a new technology, electronic stability control, now helps to keep all four tires on the road. As a matter of fact, SUV drivers are among some of the least likely to die in a car accident in New York or elsewhere -- a statistical fact that has not always been the case. However, today's SUVs have proven to be much safer than cars, according to the Insurance Institute for Highway Safety.

The installation of stability control was forced much quicker on SUVs than in smaller cars. This system uses the vehicle's brakes and engine power to keep the vehicle on all fours.

Our New York personal injury attorneys understand what a giant leap this is in the safety of these larger vehicles. The deaths rate of these SUVs dropped nearly 70 percent over the last 10 years. SUVs used to have a death rate of 82 per million vehicles for the 1999 to 2002 models and they now have a death rate of 28 per million for the 2005 to 2008 models.

15 Safest SUVs, according to ABC News:

-Audi A6 4-door 4WD

-Mercedes E-Class 4-door 4WD

-Toyota Sienna

-Ford Edge

-Nissan Armada

-Land Rover Range Rover Sport

-Land Rover LR3

-Honda CR-V

-Jeep Grand Cherokee

-Acura MDX

-Mercedes E-Class 4-door

-Lexus RX 400h

-Lexus GX 470

-Mercedes M-Class

-Saab 9-3 4-door

"The rollover risk in SUVs used to outweigh their size/weight advantage, but that's no longer the case," says Anne McCartt, the institute's senior vice president for research. "It's a dramatic change and a testament to the incredible effectiveness of electronic stability control."

A study conducted by the IIHS finds that electric stability control and other changes in vehicle design have decreased the chance of death in an accident for drivers a number of passenger vehicles. The improvement is far more noticeable for SUVs.

The current death rate for drivers of small, four-door cars is 72 per million vehicles for the 2005 to 2008 models. While still showing a decrease, it's only down 35 percent from the death rate of 110 per million in the 1999 to 2002 models.

"This report explains why Americans equate size with safety, even though small cars today are safer than ever before," says Wade Newton, spokesman for the Alliance of Automobile Manufacturers

Another finding of the IIHS report is that drivers of small cars are nearly three times more likely to die in a traffic collision than in a rollover accident. This shows how stability control is not likely to have as much of a beneficial effect in these cars.

"For years, small cars have represented the low end of the economic spectrum and received fewer safety and enhanced design features," says Sean Kane of Safety Research & Strategies, which advises plaintiff lawyers, government and auto suppliers. "Undoubtedly, that has an effect."

If you take a look at driver death rates by vehicle style, you will clearly see who is safer. Minivans ranked as number one safest with a death rate of 25 driver deaths per million registered vehicles. SUVs aren't far behind with a death date of 28, followed by pickup trucks that average 52 driver deaths per million registered vehicles. Cars are in last place with a death rate of 56. Still, it is important to point out that smaller car drivers are worse off than drivers of bigger cars as with small, four-door cars report a death rate of 82 when larger sedans reports a death rate of 46 per million registered vehicles.

"The trend from the reported data is clear: The lighter the vehicle, the higher the likelihood that its driver will be killed in a collision with another vehicle," says Verma, now a consultant.

Top 10 vehicles with the highest driver death rates:

-Nissan 350Z

-Nissan Titan crew cab

-Chevrolet Aveo

-Chevrolet Cobalt

-Nissan Titan extended cab

-Kia Spectra

-Chevrolet Malibu Classic

-Hyundai Tiburon

-Nissan Versa

-Chevrolet Colorado extended cab

Continue reading "SUVs Increase Safety for Drivers in New York Car Accidents" »

A new 2011 edition of pedestrian accidents in New York and elsewhere throughout the country has now been released by Transportation For America. This report illustrates the whereabouts and other details of the 47,000 pedestrian fatalities, and 688,000 pedestrian injuries, that occurred on our roadways nationwide.

During the next phase of safety measures, Dangerous by Design 2011 will examine the information in an attempt to reverse the problem by coming up with solutions for this epidemic of preventable fatalities. Pedestrian accident have become too much of an accepted occurrence on our nation's roadways between 2000 and 2009.

Our New York pedestrian accident attorneys recognize that pedestrian accidents happen all too often on our city roadways. There are a number of contributing factors to this epidemic, including driver awareness, pedestrian visibility and roadway design. Perhaps the most effective way for us to reduce the risk of these accidents is to focus inward and correct our lackadaisical driving habits.

The newly released report offers fact sheets that highlight specific statistics for each of our 50 states. The release also comes with a map that allows residents to view their communities to see just how often these pedestrian accidents occur in their own areas.

In the examined years of the released data, more than 3,200 pedestrian were killed while walking the streets of New York. These accidents cost the state nearly $14 billion. Our state ranked 39th for the Pedestrian Danger Index (PDI).

The most dangerous counties, determined from the study's records, in New York are as follows:

-Kings, 515 pedestrian fatalities.

-New York, 399 pedestrian fatalities.

-Queens, 376 pedestrian fatalities.

A majority of these accident happened along "arterial" roads, which are dangerous for pedestrians to begin with as they are designed to accommodate speedy traffic flow and ignore the needs of on-foot pedestrian and bicyclists.

Ironically, a portion of our federal tax dollars are supposed to go to the production and design of these roads that lack pedestrian safety measures. Less than 1.5 percent of the current federal transportation outlay is meant to better equip these areas for foot traffic. Congress is currently contemplating the elimination of this fund entirely.

Roughly 70 percent of these pedestrian accidents over the last 10 years have happened on roads that are eligible to receive this federal aid or are designed under federal guidelines. Yet, the federal transportation department continues to argue that the design of these roads falls on local and state government.

Federal programs continue to urge state departments of transportation to take the responsibility of these roadways and to focus their efforts on the flow of speedy traffic instead of pedestrian safety.

Residents are urged to contact Congress and voice your opinion in an attempt to get them to rethink their decisions to cut off of the pedestrian safety fund.

Merely hours after the report's release, Senator Tom Harkin of Iowa and eleven co-sponsors formally introduced the Complete Streets Act of 2011. This is an Act that is meant to create streets that are safer for those who travel by foot, by bicycle, by wheelchair or by public transit. Dangerous by Designed was referenced in his report earlier this week.

Continue reading "Newly Released Data Ranks New York for Fatal Pedestrian Accidents" »

A freight elevator on Sixth Avenue between 18th and 19th streets plunged three floors and injured 22 people in a Manhattan construction accident. The New York City fire officials reportedly responded to call at 7:00 a.m. from the seven-story commercial building in Chelsea. Injuries were minor, but nine workers were taken to the hospital for precautionary measures, according to The Wall Street Journal.

Fire officials state that the elevator dropped three stories. A spokeswoman for the Police Department reports that it fell four.

Our New York personal injury attorneys understand that accidents in elevators are not an uncommon occurrence. It is the responsibility of the property owner to make sure that these facilities are in proper and safe working condition. If you have suffered an injury from a malfunctioning elevator, you're are urged to contact an experienced attorney to help you fight for your rights and to gain the deserved compensation for your injuries and suffering,

Reports indicate that the 22 passengers suffered from "whiplash-like injuries" and were taken to local hospitals. The nine who suffered the injuries were reportedly listed as serious but not life threatening. These injuries can often result in long-term medical complications involving the back, neck or spine.

According to the New York Times, the Department of Buildings inspected the elevator and issued a violation to the owner of the building. The owner is listed as CF 620 Owner One LLC and the violation was for failing to maintain the elevator and for illegal use of the elevator. The freight elevator was being used a passenger elevator.

"Its brake was defective, causing it to not work properly," said city Buildings Department spokesman Ryan Fitzgibbon.

Records indicate that the elevator has received zero violations in the past 15 years.

Villanova University offers you these safety tips for you to remember for elevator emergencies:

-Remain calm and do not leave the car unless you've been instructed to do so by trained personnel.

-If the elevator is stuck, press the emergency call button (if available) and wait for trained assistance.

-Don't try to stop a closing door with your arm or hand. Some elevators will not reopen and your arm could get stuck between the set of heavy doors.

-Do not try to climb out of the elevator. Wait for trained responders to help assist you.

Continue reading "Plunging Elevator Sends 22 to Hospital in New York Work Accident" »