New York Injury Lawyer Blog

As we head into the upcoming holiday season, Queens defective product attorneys want to remind parents and other consumers to be careful in the products you buy for your children this year.

There are loads of toys and other child products out there that are a danger to your child so make sure you check for recalls and hazards and buy wisely this holiday season.

Most New York child injuries from defective toys are considered preventable. In fact, there were roughly 250,000 emergency room visits last year involving toy-related injuries, most of which could have been avoided.

Children while playing with toys are at risk of fall accidents, poisoning, puncture wounds, burn injuries, suffocation and severe cuts among other things. Protecting children from injuries should be the first priority of manufacturers, distributors, and retailers but unfortunately some products slip through the cracks.

The U.S. Consumer Product Safety Commission recently took a vote and approved to have child products tested by an independent third party. Private labelers, importers and manufacturers will now be required to:

-Continue to test and certify products made for children in compliance with safety standards as set forth by the Consumer Product Safety Improvement Act of 2008.

-Agree to have periodic testing done by a third party.

-Product changes in design, source of component parts and manufacturing process must be re-tested and re-certified for federal safety standards.

-Keep up-to-date records on file for certification and testing of their products.

-Once in effect with the Federal Register, labels can be placed on the product that states "Meets CPSC Safety Requirements" in show of good faith that the product complies with all federal standards.

One child toy you may have been considering this holiday season is the Auto Fire Target Sets manufactured by Henry Gordy in nearby Plainfield, NJ. CPSC recently cited the Toy Dart manufacturer -- handing out a $1,100,000 civil penalty for failing to report a safety defect to the Commission. The company allegedly knew about the defect since May 2006. By May 2010, there were already three deaths caused by the defective target gun set. The Auto Fire Target Sets were sold between September 2005 and January 2009 at roughly $1.50 each exclusively at Family Dollar stores.

The hazardous product can lead to choking or blocked air passage if a child puts the dart inside their mouth.

Children under 5 have the highest risk of a toy-related injury and often sustain injuries to their mouth, eyes, ears, arms legs or throat. Children under the age of 3 are at particular risk of a choking accident because they are the age group most likely to want to put a toy in their mouth.

In 2006, the CPSC reported 22 toy-related deaths for children ages 14 and under. The number one cause of toy-related deaths and injuries were from riding toys that year. In 2006, there were over 220,000 trips to the emergency room from toy-related injuries for children of all ages. In 2002, choking hazards caused 54 percent of toy-related fatalities most commonly caused by balloons.

Parents, guardians and caretakers concerned about holiday gift buying for their children should visit U.S. PIRG online for their annual Trouble in Toyland toy safety report. These helpful resources can help consumers avoid common hazards and provide shopping tips that will help keep your children safe this holiday season and throughout the year.

Continue reading "Holidays Bring Risk of Defective Product Injury in New York " »

New York motorists may or may not have noticed the vast number of red light cameras that are scattered throughout the five Boroughs. We have had them for several years now. But quite frankly, you may only be aware of them when you face the costly ramifications of either a fine, or worse, an intersection-related car accident in Manhattan or elsewhere.

New York City accident lawyers know that the cameras are generating quite a bit of revenue for law enforcement and city officials. But are they really helping to protect the well-being of motorists? This is a debate that continues to get considerable attention in New York and cities throughout the United States.

CBS New York recently reported that red light cameras in Nassau County have improved traffic safety at 40 intersections by an average of 12 to 16 percent. Since 2009, the Nassau County Traffic Safety Board has been examining data from 40 of the 50 red light cameras that were installed. In a 12 month comparison, 32 intersections indicated an average drop in crashes of 12.3 percent. Eight intersections showed a 15.5 percent reduction in crashes.

The Roosevelt Field mall intersection showed an increase in accidents but authorities feel it has more to do with poor signage than anything else.

Many cities throughout the country have adopted the use of red light and speed cameras to help enforce traffic laws while improving roadway safety. Around-the clock automated enforcement helps catch violators but more importantly is meant to make them think twice before engaging in dangerous behavior.

Nationwide, it is estimated in 2009, that 676 people were killed and another 130,000 were injured in an accident caused by a motorists running a red light. New York State Department of Motor Vehicles reported over 4,600 accidents from motorists following too closely and almost 2,200 accidents caused by a motorist that ignored a traffic control. These types of accidents resulted in the deaths of 25 New York motorists in 2009.

Running a red light at an intersection not only puts other motorists at risk but it could put a pedestrian or bicyclist at risk of injury or death while crossing an intersection. New York State Safe NY offers these traffic safety tips to help prevent intersection accidents:

-Always use your turn signal when making a turn. Warning all road users which way you are turning can help prevent a collision in the middle of the intersection or crosswalk.

-Be patient and wait your turn for slow moving vehicles. Aggressive behaviors at an intersection could mean hitting a walker or biker that you may not see in time.

-Remove yourself from the tailgate in front of you to avoid a rear-end collision.

-Know who has the right of way at an intersection and yield until it is safe to make your move.

-Only make a right hand turn at an intersection if you are permitted to do so. Signs and traffic signals are good indicators to look for.

- Green means go. Yellow means slow. Red means stop.

Continue reading "Nassau County Reports Fewer Intersection-Related Car Accidents after Installation of Red Light Cameras" »

Parents often encourage their kids to play sports while growing up in order to build character, increase social skills, and learn valuable life lessons. A recent tragic accident in a grudge match high school football game has two parents reconsidering how safe it is to have children participate on a sports team. The grieving parents recently witnessed their son die from a sports-related traumatic brain injury at a New York high school football game.

The New York Times describes the situation as just another routine play at the goal-line -- one we have seen thousands of times at a high school football game. Only one young man did not get up from the pile like everyone else. The high school defensive tackle laid face down on the field, somewhat groggy but responsive when his coach and medical personnel reached him to give medical attention.

Shortly thereafter he began to moan, his eyes closed and when he tried to stand he quickly collapsed. Within two hours the 16-year-old football player was pronounced dead at University Hospital after suffering a cerebral hemorrhage according to the autopsy report. There is some speculation that helmet-to-helmet contact made in the prior play may have led to the head injury that took the athlete's life.

Manhattan traumatic brain injury lawyers know that cerebral hemorrhages and concussions are a serious concern for parents whose children participate in sports and youth activities. They can lead to more serious medical conditions.

A recent article in Reuters reports that traumatic brain injuries (TBI) in youth athletes have become more common in the last decade, rising 60 percent. This may not be so much that more injuries are occurring but rather more children are being taken to the emergency room for these injuries suffered while playing a sport. The Centers for Disease Control and Prevention (CDC) reported 153,375 TBI cases in 2001. Eight years later, the number of reported cases grew to more than 248,400. According to CDC, football, biking, playground activities, soccer and basketball are the most common sports activities reported to cause TBI accidents.

The CDC reported that over 70 percent of hospital emergency room visits are children ages 10-19 years-old. Girls were injured most by playing soccer, basketball or riding a bike while boys were mostly injured in football or biking activities.

Researchers believe that parents and coaches have become much more aware of TBI injuries which has likely contributed to the numerous emergency room visits taking place throughout the country. They are beginning to understand the dangers and severe consequences that affect a child's emotions, learning, memory and behavior that can result from these injuries.

CDC reports that of the 1.7 million people sustaining a TBI injury annually, 80 percent are treated and released from the emergency room the same day. TBI is a serious condition but if detected early enough, it can be treated to prevent life-changing or long-term effects.

The following are symptoms to look for if your child suffers a head injury in practice or a game:
-Athlete seems dazed or stunned after a forceful blow or jolt to the head or body.

-An athlete begins to move awkwardly, responds to questions slowly, demonstrates a sudden mood swing, and can't recall events prior or after being hit in the head.

-Athlete begins vomiting, complains of a headache and dizziness, can't concentrate, vision becomes blurred, or they have an increased sensitivity to noise or light.

Coaches or school administrators have an obligation to communicate to parents if they suspect a concussion or serious head injury has taken place and should take every precaution to prevent further damage to the young athlete's brain.

Continue reading "New York High School Football Player Dies from Sports-Related Head Injury" »

Young drivers are in the spotlight this week as October 16-22 is National Teen Driver Safety Week, a week dedicated to creating a buzz about the safety of novice drivers and reducing teen fatalities on our nation's roadways.

A new study by AAA Foundation for Traffic Safety has shown that teen car accidents in New York and nationwide are pretty common within days of becoming legal to drive independently. And without the supervision of an adult.

Queens car accident attorneys know that the first 30 days are the most critical time for parents and novice drivers. So it is important that mom and dad continue to be involved in their teen's driving experience; help them make smart decisions as they continue to learn how to handle more dangerous situations. Quitting cold turkey as soon as they obtain an unrestricted license could be something you soon regret.

The teen driving study conducted by AAA followed every move of a group of teen drivers in North Carolina by installing in-vehicle cameras to capture the internal and external environment while teens were driving. For example, video clips were taken with relation to what was going on inside the vehicle like changing tunes on the radio, talking on a cell phone or having a good time with a passenger. Meanwhile traffic, lighting and weather had an impact on driving situations outside the vehicle. The study found that new licensed drivers make three common mistakes early in their driving career -- speeding, failing to yield and getting distracted are the three common errors that often lead to accidents involving teen drivers.

Some examples of poor teen driving behaviors caught on tape include:
-A teen brags to passenger about running a red light at night.

-A novice driver in the midst of listening to loud music makes a right turn at a stop sign without stopping or slowing down.

-A young driver slams on his brakes while talking on the cell phone and failing to notice stopped traffic for a school bus ahead.

-A teen drives through a pedestrian crosswalk with a bicyclist about to cross while singing with a passenger in the vehicle.

-A novice driver intentionally speeds over a speed bump that is meant to warn drivers to slow down.

-A teen driver makes a fast turn into a parking light while driving at night in the pouring rain.

These and other unsafe behaviors put young drivers at considerable risk of being involved in accident shortly after claiming independence behind the wheel. Young drivers are 50 percent more likely to be involved in an accident in the first 30 days of driving independently than after having a full year of experience. Almost 60 percent of crashes in the first month of driving were related to speeding, failing to yield to other traffic and driver inattention.

Police-reported accidents in 2009 involved more than 730,000 drivers between the ages of 15-18. Over 2,800 people were killed and approximately 280,000 were injured as a result of crashes involving novice drivers in this age group.

"This research serves as a great reminder for parents to stay involved in the learning process even after the law allows teens to drive without a parent in the car," said AAA Foundation President and CEO Peter Kissinger. "Continued parent engagement can help teens gain needed driving experience and shape their habits for a lifetime of safe driving."

In addition to being involved and practicing driving with your teen, AAA Foundation also recommends that parents keep the number of passengers limited in the early stages of driving solo. Limit nighttime driving until your teen gains more experience and feels more comfortable making decisions. Don't be afraid to set rules for your teen to follow. Examples include setting a curfew, no texting while driving, no driving on icy roads or letting you know when and where they will be taking the vehicle.

Recent studies have indicated that once a teen obtains their license, parents spend as little as 3 percent of time in the vehicle with the young driver. Parents have used the old adage, "practice makes perfect" many times with their children. When it comes to driving experience, practice makes safer.

Continue reading "New York Teens at Most Risk of Car Accident Involvement within 30 Days of Obtaining a License" »

A tragic accident in Harlem injured 18 people when parts of a building and scaffolding fell onto a MTA bus.

Our New York injury lawyer Nicholas Rose realizes this incident could have been much worse if more people were walking near the building when this accident took place.

The scaffolding was assembled to aid in the demolition of a five-story brick building on West 125th Street near Frederick Douglass Boulevard. It appears the company doing the demolition work will be issued numerous violations by The Department of Buildings. According to a Harlem Councilwoman, the company was using unlawful mechanical equipment and the procedures they were using to conduct the demolition were not correct.

Eight passengers on the bus, which was about to leave the bus stop, were among the injured. Several pedestrians trapped under the debris of bricks and rocks had to be rescued by emergency personnel. A construction worker suffered the most serious injury as the result of the fall he took when he jumped off the falling scaffold. At least three additional workers sustained minor injuries.

Fire officials on the scene reported that none of the injuries appeared life threatening. While digging through the debris to rescue trapped victims, two law enforcement officers suffered minor injuries. Preliminary reports indicate that while the elevator shaft was being demolished, bricks and debris fell from the building. They hit the scaffolding, which, in turn, caused it to fall onto the bus.

There had been complaints made to the Buildings Department about the demolition site but no violations were discovered by the inspectors who went to investigate. After the accident federal Occupational Safety and Health Administration (OSHA) and the city Department of Buildings will be visiting the site.

According to the U.S. Department of Labor, there are roughly 2.3 million people working in the construction industry and about 70 percent of them work on scaffolds. Last year, OSHA reported about 100 workers in the U.S. died from injuries suffered in scaffold accidents.

The leading causes of scaffolding injuries were the worker slipped, the support planking broke or a worker was hit by a falling object. Serious accidents have been reduced due to OSHA enacting more stringent regulations. It is the law that employers take the proper preventive measures to ensure the safety of their employees and to shield individuals from harm when on and around scaffolds.

There are unique laws in the City of New York regarding liability involving scaffolding accidents. Property owners and contractors are held accountable for the safety of all (workers and pedestrians) that may be injured in a scaffolding accident. Hiring the right attorney who is knowledgeable of the particular conditions of the New York scaffolding laws is extremely valuable. Answers to questions regarding the bracing, the assembly, the work platform and the procedures for securing the scaffolding are vitally important.

Continue reading "Recent New York Scaffolding Accident Injures Pedestrians, Bus Passengers, Construction Workers" »

A recent decision by Governor Andrew Cuomo to eliminate DMV vision tests for drivers in the process of renewing their license from here on out has brought about quite a bit of controversy in recent days.

The Queens Gazette reports that the state Commissioner of Motor Vehicles has put off the change to not require a vision test upon renewing a license on hold until she has time to meet with an advisory group comprised of transportation, health and safety experts to decide what can be done to ensure safety on New York roadways if eye exams are no longer required.

Apparently, a self-certified thumbs up is good enough for our Governor, but not for other state officials looking to keep roadways free from New York car accidents caused by a motorists with deteriorated vision.

Queens personal injury lawyers know that this new policy mostly affects our older population of drivers, but is still a bad idea for any driver not to be required to get a vision test from time to time. Aging definitely affects our ability to see with 20/20 vision but so can the development of severe allergies, cataracts, diabetes, glaucoma, migraine headaches, night blindness or other severe medical conditions that don't necessarily have anything to do with age.

The motive to cut vision tests by Governor Cuomo and his administration came about because the DMV and other state government agencies were being required to cut spending. By eliminating the jobs of state employees who administer vision tests at DMVs, it would save the state a considerable amount of money.

Up until now, New York motorists have been required to take an eye exam either at the Department of Motor Vehicles (NYDMV) or at a doctor's office upon renewal of their license every 8 years. In 2010, there were approximately 2 million licenses renewed in the state of New York. The cost to renew a driver's license in 2010 was $62.50. By allowing motorists to renew online or through the mail, the state saves roughly $15 million that would normally go to the county if a driver was required to come in for a vision test in order to renew their license. The county collects 12 percent of ever renewal that is done in person by a local DMV.

What the state needs to consider is that by allowing drivers who don't meet state vision requirements to drive on New York roadways, the cost of death and damages skyrockets. The amount of money associated with deaths, property damage, hospital expenses, injuries, lost time from work, and emergency services personnel and equipment would cost the state and those who live, drive and work here millions of dollars annually.

We live in a world driven by money, budget cuts and spending but eliminating vision tests for drivers renewing their license is not the solution to countermeasure funding issues. Maintaining vision test requirements can keep roadways safer and put motorists at less risk of intersection accidents or other accidents caused by the seeing-impaired.

Continue reading "Eliminating Eye Exam Requirements at Renewal Could Put More Motorists in Danger of Car Accidents in Manhattan, Queens" »

Parents who encourage their children to get involved with teen awareness about the dangers of distracted driving are not only giving their children a gift, but they are also helping other motorists in the long run. New York personal injury lawyers know that parental involvement and teen peer pressure can make a difference in reducing the number of distracted driving accidents in Manhattan and throughout the state of New York which involve young drivers.

One way to get your children involved is to have them join a youth safety program and register for the 2011 Distracted Driving Summit taking place in Washington D.C. later this month. Not only can something of this magnitude build character and teach your child leadership skills, it can get them talking to their friends about how dangerous it is to text, surf the web or talk on their cell phone while they drive.

The National Organizations for Youth Safety (NOYS) is hosting the popular event which is sponsored through funding by AT&T on October 17th. The Organization firmly believes that the best and most effective prevention programs are those led by teens. NOYS uses this opportunity, along with their resources, to train and empower teens that want to take on a leadership role about the dangers of driving distractions.

Business and industry leaders, as well as national organizations can now showcase their products and services at the 2011 summit. By setting up an exhibit, they can reach out to youth, advocates and industry experts to convey their ideas to reduce distracted driving accidents in the future.

The highlights of this year's Teen Distracted Driving Summit include:
-An announcement of the 40 youth and 10 advisers who will make up the first ever 2011/2012 NOYS Teen Distracted Driving Prevention Team (TDDPT).
-Pre-training sessions and workshops for TDDPT put together by some of the top traffic safety expert companies and organizations.
-Presentations from Centers for Disease Control and Prevention and the U.S Department of Transportation by some of the nation's most prominent leaders.

Recent statistics certainly direct our attention to the under-20 age group of being the most at risk of being involved in a car accident in New York and throughout the country. In 2009, there were approximately 3,000 teens between the ages of 15 to 19 who lost their lives in a fatal car crash on our nation's roadways. This doesn't include the 350,000 kids in this age group nationwide that were injured, or needed medical attention after being involved in a car accident.

One NOYS member in our area that promotes teen driver safety through lifelong education is the National Road Safety Foundation. In a recent Road Buzz newsletter, the foundation asked teens what they considered to be a distracting behavior while they drive.

Some of the teen responses include dropping something in the car, eating or drinking, holding a pet on your lap, bopping to the latest tune playing on the radio or iPod, and talking to friends in the car. It is clear that teens realize that more than just a cell phone or hand-held device can lead to a distraction that could cause a serious accident.

The National Road Safety Foundation is working hard to complete its newest program, a film called "Age of Distraction" which targets teens. The film, along with discussion guides and other materials will be a good resource to use in classroom settings or group showings as it presents thoughts on the dangers and also how to deal with the problem from a teen's perspective.

Continue reading "National Distracted Driving Summit Prepares New York Teens to Speak about the Dangers of Inattention While Driving in Manhattan" »

New York motorists should take a moment to consider driving distraction-free during Heads-Up Driving Week which is October 2-8. The AAA Foundation for Traffic Safety is concerned about your safety, so for the third year in a row they are trying to get drivers to maintain focus on the road while they drive for an entire week in order to reduce the number of car accidents in New York and nationwide.

Manhattan accident attorneys hope that efforts like these will eventually get through to the thick heads of motorists who disrespect the law and have a blatant attitude towards the dangers that driving while distracted can lead to. It is these drivers that put us all in danger of a serious injury or even losing our lives every single day that we walk, bike or drive the streets of New York.

There are approximately 8,000 crashes daily nationwide involving a distracted driver. In 2010, almost 34,000 people were killed in traffic accidents, which over the course of 25 years, adds up to over a million people dying on our nation's roadways.

Drivers who use a cell phone increase their chances of being in a crash by four times compared to a drive that is only focused on the road. Rubbernecking, a common practice among New York drivers, is just as dangerous as texting or talking on the cell phone. Other dangerous behaviors that prove to be just as distracting as using a handheld device are eating, adjusting the radio dial or smoking.

Passengers tend to be a common cause of distraction for young drivers, as well as, adult motorists transporting children. Infants are eight times more distracting than adults and young children are found to be four times more distracting when riding in a vehicle. Since tending to a child requires a driver to take their eyes completely off the road and turn their head around to the back seat, it is no wonder this is a common cause of distraction-related car accidents nationwide.

New York motorists must deal with major distractions that others don't ever have to experience, such as many flashing lights, aggressive taxi drivers and a crushing amount of traffic on a daily basis. And because of the fast-paced nature of business in the City, this often translates to multi-tasking while behind the wheel which is an extremely dangerous habit.

A recent multitasking study by researchers at the University of Utah suggests that during daylight hours, roughly 10 percent of cell phone users are operating a vehicle at any given minute. The study also found there is a direct correlation between performance and attention but that our brains simply aren't wired to take on numerous tasks at one time.

In other words, the more items that we try to check off the to-do list while we drive, the more our driving performance fails because of lack of focus directed to the roadway.

One thing we can do to reduce the risk of a distracted driving accident is change our attitude. If every motorist in the country made a pledge to drive distraction-free for one week, what a difference it would make in saving lives. Changing reckless habits for a week could be enough to reform bad habits into safe driving behavior for a month, year or even a lifetime.

Continue reading "New York Motorists Can Save Lives by Pledging to Drive Distraction-Free During Heads-Up Driving Week" »

The National Transportation Safety Board (NTSB) recently proposed that truck drivers be banned from using their cell phones while driving 18-wheelers. Manhattan personal injury lawyers know that it took a tragedy to get to this point, but that it is a good move if we want to reduce the number of trucking accidents in New York and nationwide.

The NTSB was successful when they recommended that school bus drivers and novice drivers be banned from using cell phones while driving as most states have adopted laws prohibiting these two groups from the distracting behavior that can affect driving safety.

USA Today reports the recommendation for a truck driver ban on cell phones comes following an NTSB investigation of a Kentucky trucking accident that killed 11 people in 2010. It is believed that the truck driver was distracted on his cell phone which caused the fatal accident.

The large truck crossed the median line, passed through barriers and struck a van carrying 10 passengers. Investigators found that the truck driver headed for Alabama during a 700-mile trip had used his cell phone 69 times in the previous 24-hour period leading up to the accident. This includes four calls right before the accident occurred and the last call coincides with the time the tractor-trailer veered from its lane.

Though drowsiness could have been a contributing factor in the accident, no other potential causes such as poor weather conditions, failed health or mechanical problems were found to be related to the fatal accident following the investigation.

Last year, the Federal Motor Carrier Safety Administration banned truck drivers from texting while driving. If a truck driver sends or receives a text while behind the wheel, they could potentially be fined more than $2,700 for the violation if caught by law enforcement. The NTSB recommends that both handheld and hands-free cell phone use be banned by truck drivers or any driver that possesses a commercial driver's license. This includes in-state drivers and interstate commercial drivers.

The American Trucking Associations, comprised of 37,000 trucking companies located throughout the United States , is in support of drivers being banned from texting or using handheld devices. However, they do not take a stand on banning hands-free cell phones because recent safety studies don't provide concrete evidence but rather mixed results on the effects of using a hands-free device while driving. The group stands in opposition of banning CB radios which can alert drivers of dangers or help fight drowsiness.

According to a spokesman at the American Trucking Association, the organization continually supports safe highways because it is the workplace of its members. Commercial truck drivers may find talking on the cell phone a productive way to break up the monotony of a long trip, but this unsafe behavior can affect many other roadway users. Reducing the risk of a trucking accident in the future can be accomplished by banning the use of cell phones completely.

Continue reading "Cell Phone Ban for Commercial Drivers Could Lead to Fewer Trucking Accidents in New York, Nationwide" »