New York Injury Lawyer Blog

The lazy days of summer are coming to a close so Manhattan car accident attorneys want to encourage teens to start the school year off on the right foot by making a concentrated effort to reduce distractions while operating a vehicle.

Driver inattention is one of the leading causes of teen car accidents in New York and elsewhere and has become a serious health threat for drivers in this age group.

Poughkeepsie Journal reports that failing to yield when a driver doesn't have the right of way, speeding and distracted driving are all common causes of car accidents for all age groups. But driver distraction is gaining in relevance when it comes to teen car crashes in New York.

New York Department of Motor Vehicles reported that in 2007 and 2008, speeding was the leading cause of accidents for two age groups, 16 to 17 year-olds and 16 to 20 year-olds. In 2009, inattention and distraction was the leading contributors to car accidents involving 16 to 20 year-old drivers and failure to yield caused the most accidents for the 16 to 17 year-old age group. There were fewer tickets handed out for cell phone use than speeding in 2009 for young drivers in New York even though the use of a cell phone is completely banned in our state and a common cause of distraction for this age group.

Alcohol played a role in less than 1 percent of fatal crashes in 2009 for young driver's ages 16 to 17 years-old which has shown a gradual decrease over the last few years. For the 16 to 20 year-old age group, alcohol was more of a contributing factor in fatal crashes. In 2009, almost 2 percent of fatal crashes for this age group were alcohol-related which remains lower than the overall driving population.

In 2010, the Graduated Driver License laws became a little stricter in New York. Two important changes were made that could result in lowering teen car accidents. The first was that junior licensed drivers are now limited to one passenger instead of two riding in the vehicle with them. The second change required the number of supervised driving hours be increased to 50 hours, more than double the 20 hours that were previously mandatory.
The National Safety Council encourages parents to create a GDL program within their household so that young drivers can gain the needed experience before taking their road test. Points of interest to be included in the GDL are:

-Prohibit any use of cell phones while they are behind the wheel.

-Limit teens to no passengers in the inaugural year of obtaining a license.

-Set a 10 p.m. curfew for nighttime driving.

-Zero tolerance for drunk driving.

-Provide the teen with as much supervised driving experience as possible. Create different adverse situations for them to practice in.

Continue reading "Speeding and Driver Inattention Are Common Causes of Teen Car Accidents in New York City" »

The 100 Deadliest Days of summer are winding down for teen drivers as summer comes to a close but New York car accident attorneys want to remind drivers that August is still considered the deadliest month of the year for all motorists.

We recently posted on our New York Injury Lawyer Blog that August can be deadly for roadway users, especially on Friday and Saturday or during late afternoon and evening hours. Teens and other motorists need to use caution this time of year in order to avoid a car accident in Manhattan, Queens or elsewhere in the state.

A fatal teen car accident in nearby New Jersey is a good reminder to young drivers in New York that riding with too many passengers in the vehicle can be a distraction and should be avoided whenever possible. The New York Times reports that a sport utility vehicle carrying 8 teenage teammates rolled several times on the Garden State Parkway before crashing. The single vehicle accident killed four teens between the ages of 15 and 17 while the other four teenagers were injured in the SUV meant for 7 passengers. The accident is still under investigation.

WGRZ reports of another crash in Hamburg, NY that injured 8 people when two vehicles collided head-on after a teen driver failed to yield the right of way when making a left hand turn. Two of the eight injured in the accident were in serious conditon.
New York State Department of Motor Vehicles reports 2,165 teens were injured in New York car accidents in 2009.

August is a dangerous month because families are trying to squeeze in one last summer getaway and school is resuming, which makes traffic congestion all the more dangerous.

AAA offers these tips to parents with teen drivers:
-Limit your child's driving during the first year.

-Always set a good example for your teen driver and spend as much time training them as possible. The more supervised experience they gain the better off they will be.

-Set strict rules by prohibiting your teen from riding in a vehicle.

-Sign an agreement with your teen for what is expected, as well as what punishment will be enforced when rules are broken or what rewards will be granted when rules are followed.

-You and your teen should familiarize yourself with New York's Graduated Driver's License Laws.

New York students will be headed back to school soon, so before summer ends is a good time for parents to review some school safety tips. Children spend most of their time at school from the end of August until the middle of June and emphasizing safety to your children can help keep child injuries at Manhattan schools at a minimum and give your children the time and energy needed to focus on their studies.

Children typically get transported to school one of three ways which include by bus, foot, or bicycle. The National Safety Council offers a back-to-school checklist for safety which is a good place for parents to start. Items on the checklist cover both transportation safety (walking, riding a bike or riding a bus) and school safety (playground safety).

New York school bus accident attorneys know that school accidents occur not only when children are riding to school or school-related events but also when they get on and off the bus. The National Highway Traffic Safety Administration reports that over 25 million students travel to school by bus in our country.

In 2005, there were 134 people killed and another 11,000 injured in school-bus related accidents. Injured victims in these accidents were comprised of school bus passengers, bus drivers, pedestrians, bicyclists, and occupants of other vehicles. For this reason, safety tips are provided not only for riding a bus to school but also for children who ride a bike or walk to school each day.

Tips for children who walk to school:

• Children 10 years or younger should always have an adult accompany them on their way to school, especially if the route requires crossing over roadways.


• Always look both ways before crossing a street, it doesn't hurt to double check before you step off the curb.


• Use sidewalks so motorists can see you.


• Never sneak out from behind a car to cross the street.

Tips for children who bicycle to school:

• Be aware and follow the rules of the road.
• When riding with other bikers, follow in a single line on the right side of the road.
• Try not to ride in the dark but if you do, ride with an adult and make sure bicycle pedals and wheels have reflectors to increase visibility.
• Beginner bicyclists are encouraged to practice before they hit the streets.

Tips for children who bus to school:

• When waiting for a bus to arrive, allow plenty of time and stand away from the curb until the bus comes to a complete stop and the driver puts flashing lights on.
• Always stay in front of the bus so the driver can see you.
• At a minimum, allow 10 feet where you cross the street in front of the bus and only after the driver has signaled it is clear.
• Always use quiet voices when riding the bus and keep your hands and feet inside your seating area.
• Stay seated until the bus comes to a complete stop before you exit. Use the hand rail as you leave the bus.
• Even after the driver has signaled it is ok to cross the street be alert for other vehicles before you step to the middle of the roadway.
• Always make yourself visible to the bus driver and other vehicles or bicycles nearby.

New York City Department of Transportation offers a Safe Routes to School Program which focuses on improving safety for children getting to and from school each day. The NYCDOT selects 135 schools with the most accident rates and works to improve safety with regard to sidewalks, crosswalks, traffic patterns and safer routes to school.

Check to see if your school has a school traffic safety map locator by visiting NYCDOT Safety Map Locator online.

Continue reading "Parents Concerned With Child Injuries For Kids Walking, Biking, Riding to School in Manhattan" »

The Press Connects reported recently on a tragic truck accident involving livestock. According to the State Police, the accident happened in Western New York when a truck transporting 31 cows ran off the road and overturned. The driver was handed a ticket for a faulty rear brake and a ticket for unsafely changing lanes.

Our New York City injury lawyers know that poorly maintained trucks can cause serious crashes. The trucking industry has many regulations in place to ensure trucks and their operators are safe to travel on our roadways.

Apparently the 35 year-old truck driver drove too close to the side of the road causing the tires to leave the roadway. When the tires sunk into the soft ground the result was the truck rolling over causing it to land on the median.

It took eight hours for crews to clean up the scene and for emergency workers to rescue the cows as 17 perished in the crash. The investigation is ongoing and will include looking into the number of hours the driver had been behind the wheel at the time of the accident. The truck had picked up its cargo in Lowville N.Y. and was heading to processing plant in Wyalusing, located in Pennsylvania, roughly a 200-mile trip. This was the trucking company's only vehicle and records from the U.S. Department of Transportation indicate that they have had no accidents in the last two years.

Truck drivers transporting livestock need to ensure their truck and trailer are properly maintained to prevent a breakdown. They need to check brakes, lights and tires prior to any trip and make the necessary repairs. They should also obey all safety regulations and laws.

Livestock truck drivers have the responsibility for taking care of the animals they are transporting; not only to ensure their health but preventing stressed animals from causing an accident. Drivers should always begin their trip slowly and avoid sudden stops. Rounding curves quickly or making sudden stops and starts could cause the animals to be knocked over causing a load shift. Checking on your cargo frequently is a good idea to ensure that load partitions haven't moved and are secure and latches are closed on trailer doors.

Driving off the side of the road is often a sign of drowsy driving. The New York State Department of Health's brochure Wake UP! to the risks of Drowsy Driving indicates that the following drivers are at the greatest risk for having an accident caused by drowsy driving:

• Truck drivers.


• Workers who work on the night shift.


• Parents that have young children.


• People that have sleep disorders that are untreated.


• Young drivers, particularly males under the age of 26.

Contrary to popular belief, listening to a loud radio, having the air conditioning on high or having the windows open will not prevent you from falling asleep at the wheel. Drinking a caffeinated beverage will help a little but the caffeine takes roughly 30 minutes to kick in. If you start to yawn a lot, start to have head bobs, hit the rumble strip or drift out of your lane it is time to pull over and get some sleep.

Continue reading "Shifted Cargo Can Cause Rollover Trucking Accidents in New York" »

The National Complete Streets Coalition is spreading word throughout the country to make streets safer and more welcoming for everyone who uses them.

Designing streets with safety in mind can reduce the number of bicycle accidents in Queens or pedestrian accidents in Manhattan or elsewhere in New York.

New York injury lawyer Nicholas Rose, PLLC knows that street design and proper engineering is the key to making New York City streets safer. Bicyclists and pedestrians risk their lives every day when they venture out on our overly populated streets which are mostly utilized by speeding vehicles.

Transportation Nation recently reported that New York Governor Andrew Cuomo announced his intention to sign the Complete Streets Law into legislation. Advised by the New York Department of Transportation, the new law would constitute that transportation agencies at the state and local level consider all street occupants in future designs of New York City streets and roadways.

"New York's roadways should safely accommodate all pedestrians, motorists and cyclists, and this legislation will help communities across the state achieve this objective," Cuomo said.

Twenty-four states have already passed legislation for some type of complete streets law according to the Coalition. Each state has made a commitment to take pedestrian, bicyclist, and other street users' safety into account when planning for road improvements or future road designs. From a health standpoint, getting people out on the streets to exercise or increase fitness levels is what this country needs but not at the risk of losing their lives due to a poorly engineered road design.

According to officials representing Cuomo's office, the new law enable pedestrians, bicyclists, and motorists to be safer on roadways, but it will promote the 'going green' industry creating less traffic congestion which, in effect, will create less air pollution.

Creating a greener transportation system will be much healthier for everyone walking or biking on New York City streets. Public users can expect to see more raised sidewalks, bicycle lanes, control signals for pedestrians, bus pull outs, ramps and measures taken to calm traffic.

Simple things like putting in raised medians and sidewalks, redesigning intersections, or putting in a pedestrian signal at a crosswalk can reduce the risk that a pedestrian will get hit by 28 percent. Creating a bicycle-only path will get bikes off the sidewalk and away from pedestrians and off the roadway near other motorists where bicyclists are most at risk of a dangerous situation. Bicycle lanes can reduce the risk of injury by as much as 50 percent.

Health experts report that 55 percent of adults don't get the recommended amount of daily exercise each day and 25 percent of adults are completely immobile by choice. It is likely that if streets were designed with safety in mind, adults, kids, senior citizens, and even individuals with disabilities would not fear walking or riding and might choose or be more apt to get out and exercise more.

Studies have shown that communities with sidewalks are more likely to be used by 65 percent of residents who live there than when no sidewalks are available. Passing the Complete Streets bill in New York can not only reduce the risk of pedestrian and bicycle accidents throughout the City for all ages but will likely preserve health in areas that need more attention like fitness and pollution.

Continue reading "Pedestrians, Bicyclists, Motorists Can Benefit from Complete Streets Law in Reducing New York City Car Accidents" »

Driving under the influence of drugs or alcohol can impair your judgment to the point that it can cause you to do crazy things like run a red light, speed upwards of 80 mph on roadways meant to be traveled at lower speeds or drive the wrong way on multiple lane highways, one way streets or exit and entrance ramps.

Other motorists then are at risk of a drunk driving accident in Manhattan when an intoxicated or drugged driver uses poor taste which leads them down the wrong path, literally.

New York State Police are investigating a crash involving a wrong-way driver, reports My Fox New York. A recent three-vehicle accident has investigators sorting out the details leading up to the early Saturday morning crash.

Police received a call that a car was traveling east on the westbound lane of the New York State thruway right before a head-on crash occurred with an SUV near Exit 26. Shortly thereafter, a third vehicle collided with the SUV in the westbound lane. No one involved in the crash sustained life-threatening injuries but all five people were taken to Ellis Hospital by local EMS.

The driver that initiated the collision was charged with DWI, Unlawful Possession of Marijuana and vehicular assault. Those are all serious charges, but they could have easily been more serious had someone been seriously injured or killed. The driver should be thankful more damage wasn't done.

New York drunk driving accident attorneys know that intoxicated drivers kill approximately 12,000 people every year on U.S. roadways. More research is needed to assess the dangers of marijuana use on driving ability but it isn't a stretch to think that it can affect your judgment much like any other drug can. Anything that impairs your thinking is considered dangerous when you try to operate a vehicle because safety depends on a driver's ability to make decisions in a split second.

The National Highway Traffic Safety Administration reported 321 deaths in New York caused by an intoxicated driver driving over the legal limit in 2009. This equates to roughly 28 percent of total traffic fatalities for our state which is below the national average at 32 percent. On average, roughly 44 out of every 10,000 drivers are arrested for driving under the influence each year in New York.

Interestingly, New York is one of 6 states currently pending legislation to allow the use of medical marijuana. Senate Bill S2774 proposes to legalize possession, use, delivery, transport, manufacture, and administration of marijuana by a qualified caregiver or certified patient for a prescribed medical use at no more than 2.5 ounces.

The bill was introduced to Senate Health Committee in February by Committee Chairman Tom Duane and is pending a decision. There are 16 other states that have already legalized the use of medical marijuana.

Continue reading "Drivers Impaired by Alcohol or Marijuana Place Other Motorists at High Risk of Manhattan Car Accidents" »

Representatives from the U.S. Department of Transportation are pretty pleased with the results of a pilot distracted driving study that recently concluded in Syracuse and Hartford according to a recent article in the USA Today. Campaigning and enforcement of distracted driving laws during a trial four-phase period seems to have reduced the number of distracted driving accidents in New York and Connecticut in the two targeted cities.

"These findings show that strong laws, combined with highly-visible police enforcement, can significantly reduce dangerous texting and cell phone use behind the wheel," said U.S. Transportation Secretary Ray LaHood. "Based on these results, it is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted driving accidents."

New York City accident lawyers know that distracted driving-related accidents claim the lives of so many people in our state and throughout the country each and every year which is why a cause for the cure is needed so desperately. Similar to drunk driving and speeding, distracted driving has become a public health concern to be reckoned with.

The program in Hartford and Syracuse was previously reported by New York Injury Lawyer Blog after preliminary results were reported.

The National Highway Traffic Safety Administration recently announced the following results of the study -- of four periods throughout a year -- upon reviewing observed cell phone use and public awareness surveys after each phase of the enforcement in the two cities:

• Law enforcement in Syracuse issued 9,587 tickets to distracted drivers either texting or talking on cell phones.
• Hartford law enforcement handed out 9,658 citations for texting or talking while driving behind the wheel.
• It was determined that cell phone use and texting declined in Syracuse by 33 percent because of high-visibility enforcement during each of the phases.
• Hartford drivers reduced handheld use of cell phones by 57 percent and roughly 75 percent less texting was occurring behind the wheel during the pilot phases.

"The success of these pilot programs clearly show that combining strong laws with strong enforcement can bring about a sea change in public attitudes and behavior," said NHTSA Administrator David Strickland. "We applaud the work of the men and women of the Syracuse and Hartford police forces, and call on state legislatures, law enforcement and safety advocates across the nation to follow their lead."

A key part of this study was not only the enforcement of distracted driving laws but public awareness that drivers would get a ticket if they were caught using a cell phone while driving. Each city put $300,000 of state and federal funds toward enforcement and awareness.

The Just Put it Down "Phone in One Hand, Ticket in the Other" Campaign was posted all throughout each city in hopes of conveying the message to all drivers that no call or text is more important than getting a ticket or saving a life.

The NHTSA claims the next step is to take a state to state approach of public awareness, tougher laws, and stricter enforcement in hopes of having the same success as the two pilot cities in reducing distracted driving accidents nationwide.

Continue reading "Public Awareness and Enforcement of Distracted Driving Laws Can Reduce Cell-Phone Related Car Accidents in New York City" »

Advocates for Highway and Auto Safety are confident that the Motor Vehicle Highway Safety Improvement Act of 2011, (MVHSIA) once passed, will reduce the number of future injuries and traffic fatalities on American roadways each year.

Manhattan car accident lawyers know that a bill focused on improving vehicle safety and stiffening state traffic laws, among other things, may be the answer to reducing car accidents in New York City and elsewhere throughout the country.

EIN News reports that the Democratic leaders of the Senate Committee on Commerce, Science and Transportation has introduced new legislation to enhance consumer information regarding vehicle safety, improve safety of vehicles, and progress traffic safety laws from state to state. MVHSIA, or Mariah's Law, is named after a teen from Arkansas who was killed in a car accident involving a distracted driver.

One provision of the MVHSIA Act is the proposal of the Safe Teen and Novice Driver Uniform Protection Act introduced by Senator Kirsten Gillibrand. The STANDUP Act would federalize consistent GDL programs from state to state and require certain restrictions be placed on teens while they are learning to drive. The bill also proposes that teens be restricted in nighttime driving hours; limit the number of teen passengers riding with teen drivers; and ban cell phone use with the exception of emergency call situations.

"I want to take every reasonable safety precaution to ensure that our teen drivers are safe and well-prepared for the serious responsibility that comes with getting a license," said Gillibrand (D-NY). "This legislation will give young drivers better education and more experience before they get out on the roads, keeping us all safer and saving lives."

Another provision of MVHSIA Act is protecting consumers and giving them more access to government information regarding vehicle safety. It would authorize that the National Highway Traffic Safety Administration to set a standard for performance and reliability of vehicle safety systems operated and controlled by electronic systems.

"This bill is about saving lives," said Senator Mark Pryor, Chairman of the U.S. Senate Subcommittee on Consumer Protection, Product Safety, and Insurance. "We've strengthened programs designed to stop dangerous driving behavior, and we've stepped up vehicle safety so that families are protected by strong safety standards and devices when an accident does occur."

According to Advocates for Highway and Auto Safety, New York is in need of the following highway safety laws:

• Restrict all drivers from text messaging.
• Impose that a BAC Test Law be mandatory when drivers are killed.
• Set a minimum age limit to obtain an unrestricted license at 18 years-old.
• Place restrictions on cell phone use for teens learning to drive.

Placing restrictions on teen drivers and stiffening safety laws in New York is only half the battle. New York motorists need to strive to be better drivers each and every day to improve safety on roadways.

Continue reading "Feds look to Improve Highway Safety and Reduce New York City Car Accidents with the Introduction of Mariah's Law" »