New York Injury Lawyer Blog

New York shoppers get ready because Black Friday is here. Thanksgiving holiday sales events can bring together large masses of people, which puts shoppers at risk of severe injury in New York premise liability accidents when crowd management precautions are lacking in retail stores or shopping venues.

If merchants in the retail industry are going to advertise sales spectaculars and special events for Black Friday, they better be prepared to keep shoppers and workers safe. Our Queens personal injury lawyers remember when a worker was trampled and killed at a Black Friday sales event back in 2008 and hope that retailers throughout New York have learned from that tragic lesson.

The U.S. Department of Labor released a crowd management guideline for retailers to use to prevent injuries at Black Friday sales events.

"Crowd control is critical to preventing injuries and deaths," said OSHA Assistant Secretary Dr. David Michaels.

The responsibility lies in the hands of retailers and businesses to keep crowd management under control. Through persistent planning and event set-up, businesses can reduce injuries caused by large crowds or shoppers scurrying to get to sale items. The Occupational Safety & Health Administration highlights these important keys to crowd management:

-Have plenty of trained security or police officers in place throughout the store and at entrances to maintain crowd management issues that arise.

-Provide training sessions to all full-time and seasonal employees about controlling shoppers or over-sized crowds. Allow time for questions or concerns about what to do in emergency situations.

-Establish barricades or rope lines to help the flow of foot traffic and keep congested areas away from entrances or exits.

-Have an emergency plan in place which includes how to address and correct situations involving overcrowding, being struck by a crowd, violent acts and crowd rushing.

-When the building has reached the maximum capacity, cut shoppers off at the entrance until space becomes available.

-Post plenty of signage or posters to direct shoppers to check-out lines, exit locations or customer service areas.

-Keep shoppers with disabilities away from large crowds by providing them with a separate entrance.

IT World offers shoppers the following tips to help avoid injuries on Black Friday:

-Establish situation awareness by knowing what is going on around you outside and inside a store.

-If you notice mob behavior starting or going on around you, move away from the area.

-Shop with a family member or friend rather than shop alone in case an emergency situation arises.

-Charge your cell phone prior to shopping and keep it with you in case of emergencies.

-Obey directions or instructions given by store personnel or security to avoid the risk of injury in large crowds.

-If you are shopping for a "hot sale" item, look for it online to avoid mob scenes at participating store locations.

Continue reading "New York City Shoppers at Risk of Premise Liability Accidents During Black Friday Sales Events" »

The American Automobile Association (AAA) is estimating that 42.5 million holiday travelers will be visiting loved ones this Thanksgiving holiday weekend. Almost 90 percent of these travelers will be reaching their destinations via U.S. roadways. Motorists who don't use a little extra caution during the holiday travel period could be at considerable risk of being involved in a car accident in New York City or elsewhere in the country.

Manhattan car accident attorneys know that Thanksgiving is a time to count your blessings and quite understandably a time to give thanks for loved ones in your life. However, traveling to family gatherings is not the only thing that makes our illustrious city dangerous on this particular holiday. The 2011 Macy's Thanksgiving Day Parade will draw all sorts of motorists and pedestrians out to New York City roadways to celebrate its 85th anniversary this year. Over 2.5 million viewers are expected to come out and line the streets to watch floats, novelty balloons, character balloons and marching bands among others in the 10,000 estimated participants.

With so many people populating the City this weekend, it makes sense for pedestrians and motorists to be extra careful as you mill around Central Park, Manhattan and the surrounding areas. The National Safety Council is predicting over 430 deaths nationwide this Thanksgiving holiday period which runs from 6:00 p.m. Wednesday to 11:59 p.m. Sunday. In addition, another 43,400 people are expected to be injured and need medical attention from traffic accidents throughout the weekend. When comparing similar non-holiday periods in recent years, the average number of traffic fatalities for Thanksgiving holiday periods was more than 10 percent higher.

Holiday travelers can help the cause and reduce the risk of injury by using some of the following safety tips this Thanksgiving weekend.

Parade tips for pedestrians:

-Arrive early to get a good viewing area and avoid walking amongst a large mass of people.

-Walk with the flow of pedestrian traffic to reduce the risk of fall accidents. Walking against the crowd on over-populated sidewalks can be detrimental if a slip or fall accident occurs.

-Keep children close by holding their hands at all times. Getting separated can not only be dangerous but it can be frightening for both parent and child.

-Stay away from moving floats or parade marchers by remaining on the sidewalk.

Travel tips for motorists:

-Focus your attention on driving rather than other distractions inside the vehicle like children, pets or radio dials.

-Buckle up. It is not only the law but it will reduce the risk of driver or passenger injuries when an accident occurs.

-Exercise defensive driving not aggressive driving skills by remaining patient and alert at all times.

-Take breaks frequently on long trips to stay refreshed.

Continue reading "NYC Motorists at Risk of Car Accidents with More Families Traveling this Thanksgiving" »

New York City pedestrian accidents took the lives of more than 3,200 people from 2000 to 2009. These types of accidents are expected to increase as we are now in Daylight Saving Time, which brings earlier sunsets and increased risks of pedestrian-car accidents.

Even drivers with 20/20 vision experience a reduction in visibility after the sun sets. Unfortunately, drivers don't always adjust their habits behind the wheel to accommodate these changes. It takes time for motorists to adjust to the low-light environment. During nighttime driving, motorists are urged to take notice of their surroundings instead of focusing on the lane in front of them.

Our New York City car accident attorneys understand that about 50 percent of fatal accidents occur during the evening hours. This is relatively high considering that about a quarter of travel takes place during this time. To help reduce the risks of these accidents, the National Highway Traffic Safety Administration is providing motorists and pedestrians with a few simple safety tips that can help save lives. With a conscious effort from all travelers to navigate our roadways safety and more alertly, we can all do our part to reduce these accidents.

The U.S. lost nearly 4,100 pedestrians in traffic-related accidents in 2009. Another 59,000 were injured throughout the year. About 25 percent of these accidents happened between the hours of 4 and 8 p.m. and another 15 percent occurred between 4 and 8 a.m.

While driving at night or early morning twilight, our eyes have a more difficult time focusing on objects when compared to daytime driving. That's why drivers are urged to keep an extra-watchful eye on their entire surroundings when driving at night, not just on what's directly in front of them. Drivers are also urged to eliminate driving while doing distracting tasks, such as using a mobile phone. Drivers need to place their full attention on the roadway.

Nighttime safe driving tips for motorists:

-Driver slower. You need more time to react to dangers at night with the decreased visibility. Driving slower will allow you with that time.

-Remember that pedestrians oftentimes wear headphones, meaning they are unable to hear your vehicle approaching.

-Keep your windshield, mirrors and windows clean to maximize visibility.

-Make sure your defrosters work and that you have enough windshield wiper fluid.

-Allow pedestrians the right-of-way.

Nighttime safe walking tips for pedestrians:

-Walk with a flashlight. If you choose not to walk with a flashlight you should wear fluorescent tape on your clothing to make yourself more visible to motorists.

-Walk cautiously. Don't depend on traffic signs and signals to direct drivers. Distracted drivers can easily miss these devices.

-Never jaywalk. Always cross at a crosswalk or at a street corner.

-Walk along a sidewalk when one is available. If there's no sidewalk and you must walk along the roadway, do so facing traffic.

Continue reading "Daylight Saving Time Change Increases Risks for Car-Pedestrian Accidents in New York" »

Buses that operate out of bus terminals have been ranked seven times less likely to injure you in a bus accident in New York than the cheaper curbside buses.

A recent study from the National Transportation Safety Board (NTSB) discovered just how dangerous these city-to-city buses are. It concluded that the fatal accident rate for curbside carriers was 1.4 per 100 vehicles. This rate was calculated using accident reports from January of 2005 to March of 2011, according to the New York Daily News.

"While many curbside bus carriers work to operate at the highest standard, for too long, some bad apples in the industry have played fast and loose with passenger safety," Sen. Chuck Schumer (D-N.Y.) said.

Our New York City bus accident attorneys understand how beneficial these types of buses are for many residents and visitors throughout the state. Unfortunately, the convenience of these buses makes them harder to be stopped by safety officials for inspections. After the fatal accident we saw back in March in the Bronx, the one that killed 15 and injured another 18, U.S. Rep. Nydia Velazquez (D-Brooklyn) and Schumer called on the NTSB to conduct a six-month study into the busing industry to determine just how dangerous these passenger carriers are.

"Business and safety practices within the growing curbside bus industry create challenges for enforcement authorities and consumers alike when it comes to separating the safe operators from the unsafe operators," said NTSB Chairman Deborah A.P. Hersman.

It's obvious that safety recommendations and inspections have not been able to keep up with the growth and popularity of these buses. This report should serve as much-needed wake up call for transportation officials and passengers throughout the country. When people board a bus, they should feel safe and protected. With the recent string of fatal busing accidents, it's hard to do that. The study helped to show exactly what transportation officials need to do to step up their enforcement efforts.

In the study, curbside carriers were classified as buses that operate on strict schedules and end and begin at specific locations other than bus terminals. These buses drop off passengers at a number of locations along their routes.

Key points of the study:

-Motorcoach travel has been deemed safe overall, but companies with less than 10 years of experience and with fewer than 10 buses have high accident rates and higher violation rates.

-From 2005 to March of 2011, there were 7 times more accidents among curbside buses than among conventional buses.

-Curbside buses experience far fewer inspections because they don't operate out of traditional terminals. They're harder to catch and to inspect considering the NTSB and the FMCSA conduct fewer enroute inspections.

-The FMCSA is understaffed for the required inspections. There are nearly 1,000 FMCSA inspection staffers who are required to look over nearly 770,000 motor carriers.

-Curbside carriers sell tickets through online bus brokers. The FMCSA does not regulate brokers and therefore cannot keep track of ticket sales.

Continue reading "Bus Accidents More Likely on Curbside Buses, According to NTSB" »

"The National Highway Traffic Safety Administration (NHTSA) estimates that each year 100,000 crashes reported to police are caused by drowsy driving or driver fatigue, resulting in an estimated 1,550 deaths, 71,000 injuries and $12.5 billion in monetary losses," says Commissioner David J. Swarts of the New York State Department of Motor Vehicles.

Too many car accidents in New York and nationwide are caused by drowsy drivers. We all probably know of someone who has continued to drive even though he or she was sleepy and drowsy. We urge you to take the time to recognize this dangerous behavior and help us all put an end to it because drowsy driving comes with some serious consequences. What's most unfortunate is that most drivers aren't even aware of their drowsy symptoms and continue driving in a sleepy state, which could be the worst and most dangerous move on our roadways.

Our New York car accident attorneys bring up this topic as Drowsy Driving Prevention Week comes to an end tomorrow. During this time, the AAA Foundation for Traffic Safety, the National Sleep Foundation and other safe-driving advocates around the country are raising awareness about this dangerous driving habit. But we encourage you to help prevent drowsy driving all year long.

Drowsy driving is so common that a recent National Sleep Foundation study concluded that about 30 percent of drivers admit to falling asleep at the wheel. More than 50 percent of surveyed drivers said they've driven while drowsy. These statistics don't add up considering more than 95 percent of drivers say that this driving behavior is completely unacceptable.

Run-off-road accidents are a likely outcome of a drowsy driving accident. Drowsy driving-related accidents account for about 50 percent of these types of accidents. They also account for about a third of all accident fatalities across the country and about 70 percent of traffic deaths in rural areas.

Recent studies indicate that staying awake for about 20 hours causes a person to show show some of the debilitating characteristics as someone who is legally drunk.

Signs that you may be a little too drowsy while driving:

-Feeling irritable, restless or aggressive.

-Rubbing your eyes a lot or yawning excessively.

-Daydreaming or experiencing wandering thoughts.

-Having a hard time keeping your head up.

-Missing traffic signs, traffic lights, turns and exits.

-Having a difficult time remembering the last couple of miles you've driven.

-Drifting or swerving on the roadway.

-Having a tough time focusing on the roadway.

-Blinking a lot.

-Feeling heavy eyelids.

To help reduce the risks of a drowsy driving accident, you're urged to get plenty of sleep (at least seven hours) before hitting the road for a long car ride. Drive with a passenger whenever possible on long trips to help keep you awake and share driving duties if you feel sleepy. By following these few safety tips, we can all be a little bit safer on our roadways and potentially avoid a drowsy driving car accident.

Continue reading "Drowsy Drivers Causing Car Accidents in New York a Top Concern" »

Amateur boxing champ, Pedro Luis Sosa, was sent to the hospital and was listed in critical condition after a recent New York car accident. The boxer and his 20-year-old sister were traveling in a vehicle along the Cross Bronx Expressway during the early-morning hours when the multiple-car accident unfolded, according to Reuters. The accident happened on what was left over from that brutal Saturday snowstorm.

The slippery road caused the two siblings to slide into a number of vehicles. As the two stepped out of their vehicle to look over the damage, another vehicle plowed into them. They were knocked over the expressway's barrier and down 75 feet below. The two were taken to Jacobi Medical Center. Sosa's sister was pronounced dead on arrival. The boxer was listed in critical condition.

Our New York car accident lawyers understand that our busy state roadways can be a lethal place to travel, especially with the congestion of holiday traffic and poor weather conditions. As we round out the rest of the year, motorists are asked to drive cautiously and defensively to help to avoid any serious accidents on our roadways.

Officials blame the accident and other pileups on the icy roadways.

"He's got tremendous talent," said Joe Zanders, the USA Boxing national coach. "He's world class, there's no doubt about it."

Sosa just recently missed making it on the U.S. Olympic team for the games in London in 2012. The boxer won the USA Boxing national championship for the 141-pound light welterweight weight class.

Medical personnel at Jacobi Medical Center reported that the boxer was in stable condition after undergoing a five-hour surgery. The New York car accident put the boxer into a coma. His trainer reports that he is still unconscious but says that the surgery went well. Everyone is hoping that the boxer will regain his consciousness within the next few days.

In the accident, he also damaged his lungs, liver and broke a few ribs. Family members and boxing fans were relieved to see the results of the CAT scan and to see that the boxer suffered from no brain damage. Doctors report that there were no serious injuries to his spine and that he should be able to move normally once he recovers from his surgery.

Sosa was scheduled to sign a professional contract just two days after the accident with Oscar De La Hoya's Golden Boy Promotions.He was going to sign that professional contract in the company's Manhattan office. His trainer reports that he would have been fighting in his first profession match by the end of the year.

"The most important thing is his health then God willing he can start little by little maybe in a year or two to train as a boxer," said Zanders. Zanders has been the boxer's trainer for the last 10 years.

Continue reading "Pedro Luis Sosa, Amateur Boxing Champ, Seriously Injured After New York Car Accident" »

Elevator and escalators in are a part of our everyday lives here in New York City. These devices are used in government buildings, apartments, schools, hotels, shopping malls, residences and in office buildings. Miners, excavators and construction workers also regularly use them.

When these escalators and elevators are not properly maintained, as many are not, serious injury in New York can result.

Our New York City elevator and escalator accident lawyers recognize that nearly 50 people are killed and almost 20,000 people are injured throughout the U.S. every year because of these types of accidents. As a matter of fact, elevators are the top cause for these types of deaths and injuries. They cause about 90 percent of deaths and about 60 percent of injuries caused by the two devices.

About a dozen deaths were the result of elevator accidents in New York City from 1992 to 2003. This is about three times more than anywhere else in the U.S. The number one cause for these accidents was the result of workers falling into shafts, getting caught between or in moving parts, collapsing elevators or being struck by the counterweights.

Escalators and elevators in New York City must be inspected five separate times every two years. Two of these inspections must be conducted by a private inspection agency while the other three times must be by the Building Department. Results of these inspections must be kept on file on the elevator or in the office of the building manager.

Owners and operators have a legal obligation to keep these machines in good working order. This order means that all escalators and devices need to be regularly services and inspected. If these conditions are not met and injury or death results, then maintenance companies, service companies and even manufacturers can be held responsible.

To help raise awareness about the importance of properly maintained elevators and escalators, the Elevator and Escalator Safety Foundation will be holding National Elevator Escalator Safety Awareness Week from November 13th to the 19th. This safety week is always celebrated during the second full week of November. It's used to help raise awareness in the public about the importance of safe-working equipment and to recognize some of the contributions that have been made by the industry toward our quality of life. Every year, volunteers reach millions of elevator and escalator riders and share important safety messages to them around the country.

In the United States, there are nearly 40,000 escalators and about 700,000 elevators. More than 325 million people use an elevator on a daily basis. Nearly 250 million people ride an escalator every day. Unfortunately, many of these riders in injured and involved in serious accidents because of the neglect of an overseeing party. These cases can be complicated and can point the finger at many parties. Please get experienced representation if you've been injured on an elevator or an escalator.

Continue reading "National Elevator and Escalator Safety Awareness Week Addresses High Risks of Injury in New York City" »

The New York State Department of Transportation (NYSDOT) was not at all ready for the recent snowstorm even with all of the warnings that we were given, according to Dutchess County Executive William Steinhaus. In this particular county, numerous motorists were stuck for hours on state-controlled highways because of weather conditions, road conditions and the lack of state help, according to The Wall Street Journal.

Without proper road equipment, roadways can become overly dangerous and can contribute to a plethora of avoidable car accidents in New York.

Steinhaus reports that the department of transportation was unable to get their equipment to Interstate 84 before the storm on Saturday. As you know, this storm brought more than 2 feet of snow in areas of the state. There were dozens of vehicles that got stuck on the Taconic and on I-84. These roadways intersect in southern Dutchess County and travel into Putnam County.

Our Queens car accident attorneys understand the impact that these kinds of storms can have on our lives. Power can get cut, schools and businesses close and many car accidents can occur. Just by looking at Navteq's New York area traffic report, you can see that there were dozens of roadways clogged up from snow, traffic and stuck vehicles. Many of these road blocks were the result of traffic accidents as well.

Dutchess County officers helped more than 100 motorists before dawn on Sunday who were stuck on the highway because of the snowfall. Sheriff;s deputies used ATVs with tracks instead of wheels to reach these motorists. All of these motorists were stuck without any help from DOT crews.

"There were a lot of people who were put at grave risk because the state of New York didn't do their job, and they know it. The question now is, will they correct it?" said Steinhaus.

During the storm, nearly 150,000 students in about 40 school districts in the Hudson Valley missed class as the storm dumped snow for hours. More than 300,000 residents from Albany to New York City lost power. On Monday, roughly 234,000 people were still without power.

Here are some safe winter driving tips from New York State Thruway Authority:

-Driver slower than normal. Remember that all posted speed limits pertain to ideal driving conditions.

-Consider traffic delays before leaving the house. Allow extra driving time.

-Always drive with your headlights on during poor weather conditions.

-In winter weather make sure that you defrosters, tires, battery and windshield wipers are in good working condition.

-Always carry blankets and extra clothing in your car for emergency situations.

-Always maintain a safe distance between your vehicle and other vehicles.

-Be courteous of other motorists.

-Keep to the right except when passing. Always use your turn signals so other drivers are aware of your driving intentions.

-Always make sure that everyone in your vehicle is wearing a seat belt.

Continue reading "DOT Leaves Stranded Motorists In Danger After Car Accidents in New York" »