New York Injury Lawyer Blog

A recent fatal all-terrain vehicle accident in New York left a bride mourning the loss of her new husband on what should have been the happiest night of their lives.

USA Today reports the groom and his brother were riding tandem on the ATV shortly after the wedding reception. The vehicle struck a tree and the groom, who was not driving, was found pinned underneath the ATV which had flipped over. The groom was taken to New Milford Hospital, where he died from blunt force trauma to his abdomen, chest and head. Police officials investigating the accident have charged the brother with driving while intoxicated.

Queens accident attorneys know how devastated the family must be following what should have been a preventable death. Four-wheelers are big and powerful and can be every bit as dangerous as riding in a vehicle, especially when alcohol is involved. The accident will be a tainted reminder each anniversary of how operating a vehicle under the influence is dangerous and often has severe consequences.

In 2009, ATVSafety.gov reported 376 deaths caused by an ATV accident in the United States. There were also an estimated 132,000 injuries treated in an emergency room due to ATV accidents. New York reported 314 ATV-related fatalities from 1982 to 2006. Though data is still incomplete, it is estimated that 43 deaths occurred from ATV accidents from 2007-2009 in New York.

Many enjoy riding an ATV on trails or own a 4-wheeler for off-road use. Riders in New York should keep in mind the following state laws:

• Riding with two passengers is only permitted on ATV's that are meant for 2 people.


• ATVs must be operated with a head and taillight between the periods of a ½ hour after sunset through a ½ hour before sunrise.


• Children under age 10 are not permitted to drive or ride an ATV.


• Anyone between the ages of 10 to 15 is only permitted to drive an ATV on a parent's property. In addition, there must be adult supervision or the driver must have a safety training certificate in their possession to be permitted to drive.


• ATVs must be registered and renewed annually with the Department of Motor Vehicles.


• ATVs are not permitted on highways except to cross over a roadway.


• Passengers and operators of all ages must wear a helmet when riding on an ATV.

Even though taking a safety training course is not required in New York, riders are advised to enroll anyway. Proper training can teach riders how to operate, handle, and maintain their vehicle, which can all have a direct effect on riding safely. To find or enroll in an ATV safety course near you, click here. This website will give you everything you need to know before heading to class.

For more information about the 3 R's, (regulations, rules and recommendations) in New York, visit New York ATV Safety online.

Continue reading "ATV Accidents in New York Are Deadly When Operating Under the Influence" »

A recent teen car accident in New York killed an 18-year-old driver and injured a number of other motorists.

It all happened when an SUV, filled with 7 occupants under the age of 20, flew through a stop sign and collided with another vehicle shortly before 10:00 p.m., according to PIX11. The young driver's vehicle flipped over during the accident. The driver of that vehicle reportedly left the scene of the accident, leaving the injured in the flipped vehicle.

Eight victims involved in the accident were taken to the Staten Island North University Hospital, where an 18-year-old was later pronounced dead.

Our New York City car accident attorneys understand that the dangers and the risks of driving on our roadways may not be apparent to inexperienced teen drivers. For this reason, New York practices a Graduated Drivers Licensing (GDL) program.

Under this program, no one under the age of 16 is permitted to drive a motor vehicle. When a driver turns 16, they can apply for a learner's permit (or a provisional permit). There are a number of restrictions for 16-year-old drivers in New York. These restrictions limit the number of passengers allowed in the teen's vehicle, the hours a teen may drive and who they're required to drive with.

Once a driver has turned 18, or 17 and has completed a Driver Education Course, they are then allowed to apply for a Class D license, which is an unrestricted license.

GDL programs may not be all that promising for drivers once they've completed the program, however. According to CNN Health, an analysis of crash data from states that practice a strict GDL programs revealed that restricted drivers experience 26 percent fewer fatal accidents, but unrestricted drivers age 17 and older experience an increase of more than 10 percent in fatal accidents once they've reached this licensing level.

"Right now, we're not getting the net effect across all teens that we're hoping for," says Scott V. Masten, Ph.D., lead author of the study published in the American Medical Association.

Researchers believe that this steady increase in accidents involving the older teen drivers is caused by a sort of "payback" for being restricted as a young driver. Once they're granted unrestricted driving privileges, they're exposed to far too many road hazards at once. Others believe that the increase has to do with the number of drivers who completely skip the restricted stages of the program and hold off on getting a driver's license until they're 18.

"They're saying, 'Forget it. I'll wait till I'm 18,'" Masten says.

This recent study illustrates how important it is for parents and guardians to stay involved in a teen's driving career. This is just as important long after they've received an unrestricted license as it is during the permit stages. With more involved parents, we can help to mold our teen's driving habits into safe, cautious and accident-free skills.

Continue reading "Recent Teen Car Accident in New York Brings up Questions about GDL Program" »

Recently, the U.S. Consumer Product Safety Commission (CPSC) re-issued a recall for Comfort-Aire and Goldstar dehumidifiers. About 98,000 of these units present a significant burn and fire hazard risk.

New York injury lawyer Nicholas Rose remembers the initial recall back in 2009 when there were 11 incidents of property damage that included four fires.

Since the initial recall, LG Electronics Tianjin Appliance Company and the CPSC have gotten 16 more reported incidents, including 9 fires with damages ranging from $95,000 to $500,000. Apparently a short circuit can occur to the dehumidifier's compressor causing the fire risk.

With fall season approaching and colder weather coming our way, this would be a good time to mention safety when it comes to space heaters. With the increasing cost of natural gas and heating oil many consumers use space heaters as an alternative heating source. Human error leads to many space heater incidents including placing them too close to flammable objects or failing to fuel, operate and install them properly.

The U.S Consumer Product Safety Commission estimates at least 30,000 residential fires occur each year due to space heaters causing about 180 deaths and 1000's of injuries. Portable kerosene heaters and room gas heaters can also lead to deaths caused by carbon monoxide poisoning.

SPACE HEATER SAFETY PRECAUTIONS:

• Always use heaters that have been certified by a nationally recognized testing lab. New heaters will have modern safety features that older ones will lack. Operate them in accordance with the manufacturer's instructions.


• Never put a cord for an electric heater under a carpet and try to avoid using extension cords.


• Always put the heater on a level surface that is nonflammable, like a ceramic tile floor.


• A 3 foot safety area should exist between the heater and any flammable material like drapes, bedding and furniture.


• Make sure the size of the space heater is appropriate for the room size it will be functioning in.


• Pets and children must be kept away from any space heaters.


• Space heaters must be turned off when no one is occupying the area or the room is empty.


• Always shut space heaters off prior to going to sleep. Never have a space heater near a sleeping person.


• Never put gasoline in a space heater that uses kerosene. Just a small amount of gas mixed with kerosene can cause a significant fire hazard. And always use 1-K kerosene in your kerosene heater.


• Unless specified by the manufacturer, never use a portable propane space heater indoors or in a confined area.

Remember, smoke alarms should be installed on every level of your house. They should be located outside the main sleeping area of the home and in every bedroom. Having smoke alarms with carbon monoxide (CO) monitoring is essential for preventing CO poisoning. A good rule of thumb is when you turn back the clocks change your smoke alarm batteries.

Continue reading "Defective Space Heaters Can Lead to Fire-Related Injuries in New York" »

To help raise awareness about the dangers of distracted driving-related car accidents in New York and elsewhere, the National Safety Council (NSC) recently launched a new campaign. This campaign consists of a number of short videos, titled "Understanding Distracted Driving," to help drivers to understand the dangers, risks and consequences of driving while engaging in distracting behavior.

Beginning on the July 12, drivers in the state of New York were banned from using any sort of hand-held electronic device while operating a motor vehicle. If you're busted breaking this law, you will receive 3 points on your driver's license and you could face a fine of $150, according to New York State's Highway Safety Program. This is considered a primary offense which means that a police officer can stop you if the only thing they've found you doing wrong is violating this single law. There doesn't need to be any additional violations.

Our New York City car accident attorneys understand how many accidents are caused every year by distracted drivers. Unfortunately, no amount of law enforcement effort may ever be as effective as driver education and responsibility. According to distraction.gov, there were nearly 5,500 people killed because of distracted driving-related traffic accidents in the United States in 2009. Drivers that use a cell phone while operating a motor vehicle are four times more likely to be involved in a traffic crash.

The newly released videos from the NSC features David Teater, the Senior Department of Transportation Initiatives for the Council, as he addresses a number of frequently asked questions regarding the dangerous driving habit. These topics include the science behind the distraction, the most common consequences of driver distractions and ways to prevent these types of accidents. Teater urges all companies to create a cell-phone policy for employees to help save lives on the job.

Teater's 12-year-old son was the victim of a distracted driving traffic crash. He was killed back in 2004 by a motorist that was using a cell phone while driving. This is one of many reasons as to why Teater has taken such a strong stance against the dangerous driving habit. He has previously spoken to several state legislatures and the U.S. Congress to rally for support of a stricter cell phone regulations for drivers.

"Cell phone use and driving are a dangerous, and oftentimes deadly, combination," said Teater.

In the state of New York, drivers are prohibited from using electronic devices to:

• View, transmit or take pictures or images.
• Play games.
• Send, access, transmit, compose, read, save, browse or retrieve any sort of electronic data, including e-mail, web pages or text messages.

Under New York's law, drivers will not be penalized for using hand-held electronic devices that have been affixed to a surface on your vehicle. Drivers will also not be penalized for using a GPS system that has been affixed to the vehicle or if a driver is using a hand-held device to contact authorities in the event of an emergency.

Continue reading "Videos Released by NSC to Raise Awareness of Distracted Driving Car Accidents in New York and Elsewhere" »

A recent car crash into the seating area for patrons of a café in neighboring Connecticut involving an elderly driver has New York car accident attorneys wondering if stricter rules should be placed on drivers as they age in the state of New York.

Currently, there are few restrictions on license renewal and the majority of senior citizens are on the honor system to report any medical problems to the Department of Motor Vehicles that could affect their driving ability.

As senior citizens age they become less reactive and more confused, which results in more elderly driver car accidents in Manhattan and elsewhere. As in the recent Connecticut accident, a 92-year-old driver thought he was stepping on the brake pedal when he actually stepped on the gas, accelerating into the building.

CTpost.com reports the elderly driver was trying to pull into a handicap parking spot right in front of the café when he mistakenly hit the gas pedal instead of the brake and landed 20 feet inside the dining area. The vehicle hit 2 women sitting outside the restaurant before crashing through the storefront which resulted in one pregnant woman having a broken leg and the other a broken pelvis which will take weeks to recover from. There were 8 other patrons hurt from the collision but the elderly driver was not injured and when asked, he could not recall the accident at all.

Every adult child is faced with the cold hard truth that their parent should no longer drive, yet many hesitate to take the keys away because they know it will take their loved one's freedom away.

Liberty Mutual offers some advice when you get ready to have "the talk".

Observe the elders driving skills by riding with them and have confidence that it is the right time to have a discussion about not driving anymore with concrete examples of poor driving skills.
Look into other alternatives for transportation so they don't feel trapped inside their home with no means of getting out.
Initiate the conversation by asking them how they feel when they are behind the wheel. Always be respectful and listen to their concerns and opinions with an open mind. It is easy to react to their negative feelings, so don't get entangled in an argument but rather be patient and positive in your responses.

If your parent is emphatic about still driving, suggest going to a professional driving teacher or drivers' rehabilitation expert for seniors to evaluate their driving skills. Another suggestion would be to go to their attending physician to get a medical clearance that says they still have the skills needed to drive safely.

Visit New York State Department of Motor Vehicles online for more information about resources for the older driver. AAA Foundation for Traffic Safety also offers a variety of resources for older drivers by scrolling down on the webpage.

Continue reading "Elders Faced with Tough Decision or Risk Serious Injury in New York City Car Accidents" »

The National Highway Traffic Safety Administration estimates that fatigued drivers cost Americans $12.5 billion in damages and medical losses every year. Drowsy drivers cause roughly 100,000 car accidents annually leading to over 1,500 deaths and 71,000 injuries in these types of collisions.

New York car accident attorneys know that thousands of people suffer from sleeping disorders which can only make roadways more dangerous for everyone who uses them. It only takes a second for a fatigued driver to swerve off the road or sway into oncoming traffic after nodding off behind the wheel which creates a high risk for a car accident in Manhattan.

The Centers for Disease Control and Prevention released a sleep study earlier this year which indicated that 5 percent of drivers admit to dozing while driving in the month prior to the study. Microsleep, a few seconds of sleep or less, can be just as dangerous for drivers as dozing off for minutes at a time because driver inattention has been lost for several hundred feet of roadway and anything can happen in that short amount of time when a vehicle is not being controlled by the driver.

A 2005 study by the National Sleep Foundation reported more compelling results about drowsy driving. The results of the Sleep in America poll indicated the following:

• 168 million drivers admit to driving a vehicle while they felt tired in the past year.


• 103 million drivers admit they have fallen asleep behind the wheel in the last year.


• 13 percent of the respondents that admitted to falling asleep while driving said that it is a monthly occurrence for them.


• The age group that most admitted to driving drowsy was 18-29 year-olds.


• Shift workers drive drowsy more often than day time or regular working hour employees.


• Males drive drowsy (56 percent) more often than female drivers (45 percent).

Fatigued drivers are often compared to drunk drivers because driving drowsy affects your reaction time and motor skills similar to how driving intoxicated affects the skills needed to drive safely. Someone who has been awake for 18 hours is equivalent to a driver testing with a blood alcohol concentration of .05 which is nearly over the legal limit.

Drowsy driving research could be further advanced with the implementation of a couple of key factors. One problem is drunk drivers can be given a breathalyzer test to see how much they have been drinking, but there is no test to be administered to drowsy drivers to determine a fatigue level. Developing a measurement to test fatigue levels could keep drowsy drivers off the streets and roadways safer in the long run. Another area needing improvement is police training in determining fatigue as a cause of an accident.

Self-reporting is really the only way of knowing when an accident is caused by fatigue and most drivers won't admit to it because it could have costly ramifications to their driving record or insurance rates. Developing a system for officers to use and report fatigued driving crashes would be helpful in future reports regarding car crashes related to driver drowsiness.

One way drivers can prevent drowsy driving accidents is to stop at a rest area or pull into a restaurant parking area. Many drivers who are fatigued make the mistake of trying to fight through drowsiness which results in a car crash. Stretching or getting some fresh air can give drivers a much needed boost and get the safe driving juices flowing again.

Continue reading "Drivers Admit to Fatigue, Put Other Motorists at Risks of Drowsy Driving Accidents in New York" »

Autoweek reports that northeast drivers are the most dangerous in the country when it comes to car crashes, or at least that is what the survey says. It is undeniable that streets in New York City are loaded with speeders, red light runners, tailgaters and distractions, which create a high potential for car accidents in Queens, Manhattan and throughout the City. These behaviors are dangerous and can easily be the cause of accidents ranging from minor fender benders to fatal car crashes; all of which can be costly emotionally, physically and financially.

It is no surprise to New York injury lawyer Nicholas Rose that New York motorists did not make the Top 10 list on the Allstate America's Best Drivers Report since we are not known for our patience and courtesy on streets and roadways.

Allstate does an annual survey of cities with the least number of crashes and Fort Collins, Colorado has topped the list for the second year in a row. A driver in this Colorado city averages one crash every 14 years, which is almost 30 percent lower than the national average of a driver getting in an accident once in every 10 years.

Eight East Coast cities made the Top 10 list for the highest crash averages including nearby Newark, NJ (4), Philadelphia (6) and Jersey City, NJ (8). New York tallied in at 22 on the list. If you are surprised by this, don't be. The survey is based on claims of property damage over a 2-year period adjusted by population. Many accidents go unreported and not all automobiles are covered by Allstate Insurance which can certainly skew the results of the study, especially in a city as heavily populated as New York.
Allstate offers the following advice to motorists in New York:

-Maintain your vehicle to make sure it is in good working condition. This means having your mechanic do routine brake and exhaust system inspections, oil changes and tire rotations. Batteries and hoses should also be checked and replaced as needed.

-Keep your distance from aggressive drivers. Driving at non-peak hours and allowing plenty of time for travel can reduce the tension you feel while you drive.

-Never follow too closely behind a vehicle in order to avoid a tailgate incident. Tailgaters are typically found at fault in a rear-end collision.

-Rain, fog, ice and snow can all change the road surface conditions and make traveling more dangerous. Slow down and stay alert during inclement weather.

-Keep distractions to a minimum. It is against the law to talk or text on your cell phone but limiting discussions with passengers, eating, drinking, and changing the radio station can help keep your eyes on the road and attention focused on driving.

Continue reading "New York, Northeast Region Noted for Dangerous Drivers Involved in Most Car Accidents" »

The New York Daily News reports that a tenth victim has died from a bicycle accident in New York. The 24 year-old male bicyclist was riding east on Borinquen Place and was hit by an SUV as he was making a turn onto Rodney Street.

This makes the second fatal bicycle accident in less than a week. Earlier this week, a female professional dancer was killed on her bicycle while trying to avoid debris left in the bike lane at a work zone. The 29-year-old cyclist was riding southbound on Bushwick Avenue a few blocks from home when she lost her balance near a pile of wood and fell into the street. Police officials and witnesses report she was run over by a Mercedes-Benz and was found lying in a pool of blood after the collision. She was taken to Woodhull Hospital where she was later pronounced dead.

Manhattan bicycle accident attorneys know how dangerous it is to ride a bicycle in New York City and have compassion for the families who deal with a fatal tragedy involving a bicycle collision. Considering we live in a cold weather climate it is almost unfathomable that our state is averaging more than 1 bicycle fatality per month by early September this year.

New York State Department of Motor Vehicles reported 29 bicyclists fatalities in 2009 and over 5,400 injuries in bicycle accidents throughout the state. A total of 6 fatalities were children ages 10 to 17 but the age group reporting the most bicycle fatalities in New York was 35-39 year-olds.

Children between the ages of 14 and 17 sustained the most injuries from bicycle accidents in 2009 at 698 and young adults ages 25-29 reported the next highest total of bicycle-related injuries at 574.

Transportation Alternatives, an advocate for safe bicycling, walking and public transit in New York City, reported 26 bicyclists deaths in New York City in 2008, 12 in 2009 and 18 in 2010. Since its inception in 1973, Transportation Alternatives (TA) has been working hard to replace automobiles on New York City streets with walkers and bikers. By getting more vehicles off the streets, pedestrians and bicyclists can feel safer and not be afraid to commute by means of a much healthier alternative.

TA has introduced an interesting bike valet program which is similar to a coat check. Patrons are encouraged to ride their bicycle to an event, have it secured and watched over by TA staff, receive a claim stub for their bike and then take valet service to attend a premier summer outdoor event in the City.

To view a full list of TA Bike Valet events, visit online. Bicyclists can reduce the risk of injury when attending an event by parking in a safe location and not having to worry about traffic congestion or riding safety at an overcrowded event.

Bicyclists are urged to always use a bike only lane when one is available and be extra alert around speeding cars and pedestrians using city streets in order to avoid a bicycle accident in New York.

Continue reading "Death Count Rises to Ten in 2011 Following Two Recent Fatal Bicycle Accidents in New York City" »