New York Injury Lawyer Blog

Alarmingly, about 75 percent of children are improperly buckled in their car seats every day. Although child car seats are one of the best defenses against child injury in Manhattan and elsewhere in the event of a traffic accident, many parents continue to put their kids at risk and fail to properly buckle in young ones. To help to get more parents to buckle in their children correctly during every car ride, the "Car Seat Safety For Kids" website has been launched by The Children's Hospital and the Center for Injury Research and Prevention (CIRP). This website is parents' one-stop shop to access all kinds of information regarding child passenger safety (CPS) information.

As we recently reported on our New York Injury Lawyer Blog, the American Academy of Pediatrics (AAP) released new child car seat recommendations last year. Parents were urged to review these new recommendations to help keep children safe while riding in a motor vehicle.

"CPS technicians loved the old videos but they were a little out of step with the 2011 recommendations," says Gina Duchossois, the Coordinator of Trauma Prevention.

The new website provides parents with a series of new video clips to help illustrate these new recommendations. Parents are also urged to visit a car seat inspection location in New York to make sure that your child's car seat if properly installed. There are 223 car seat inspection locations throughout the state of New York.

According to CIRP, this new website brings together practical experience and research expertise. With this new child-safety tool, more parents are expected to safely and correctly buckle in children during every car ride.

SafeKidsUSA.org reports that traffic-related accidents are the number one cause of death for our young ones ages 3- to 14-years-old. Child car seats that are installed correctly can reduce the risk of injury and death to your child in the event of a car accident by more than 70 percent. Recent statistics report that about half of all motorists under the age of 14 who are killed in car accidents are completely unrestrained.

There are a number of child seat check-up events in New York already scheduled for 2012. Parents are urged to check out these safety events to help ensure that their children are safe in their car seats and properly protected in the event of a motor-vehicle accident.

According to the National Highway Traffic Safety Administration (NHTSA), in 2009 there were more than 400 people under the age of 12 who were killed in car accidents while they were restrained. There were an additional 200 people in this young age group who were killed in car accidents during this time who were unrestrained. There were more than 50 additional deaths in which restraint status was unknown.

Continue reading "New Resources to Help Reduce Risks of Child Injury during Car Accidents in New York, Nation" »

Drivers across the country say they want safer roadways. However most aren't willing to make the changes to get them. They support government action to get safer roadways, but won't to abide by the rules themselves. According to a recent study from the AAA Foundation for Traffic Safety, drivers nationwide have the "do as I say, not as I do" attitude, meaning they want other drivers to practice safe driving habits behind the wheel, but they feel exempt.

Until drivers take the first step towards safe roadways and alter their own driving habits to be safer, car accidents in New York City and elsewhere will continue to plague the streets.

Our New York City car accident lawyers and AAA are challenging drivers to take a look at their own driving habits and to make a resolution to drive better in 2012. According to the U.S. Department of Transportation (USDOT), there were more than 32,880 people who were killed in traffic-related accidents in the U.S. in 2009. This may be the lowest record on the books in the last 60 years, but it's still far from indicating "safe" roadways. Car accidents are in fact preventable accidents. Still, accidents remain as the top killer for people between the ages 4- to 34-years-old.

"Even one death on our roads is unacceptable," says AAA President and CEO Peter Kissinger.

Someone is killed in a traffic-related accident on our roadways every 16 minutes, says Kissinger. The goal of AAA is to get that number down to zero - but there's a long way to go for that.

Drinking and Driving: Although more than three fourths of drivers say that drinking alcohol and driving is an inexcusable habit, more than 20 percent say they've driven when they thought they're blood alcohol concentration may have been close to 0.08 percent, making them legally drunk.

Distracted Driving: About 94 percent of drivers who were surveyed by AAA say that distracted driving, or the use of a text messaging device or a cell phone while driving, is a serious and dangerous problem. Despite these views, roughly 35 percent said that they text while driving, while another 70 percent said that they've talked on their cell phone behind the wheel in the last month.

Speedy Drivers: Nearly three quarters of surveyed drivers say that it's far too dangerous to travel more than 15 miles per hour over the speed limit on a freeway. Still, there were more than 50 percent of drivers who said that they've done it at least once in the last month.

Red-Light Running: Almost 40 percent of drivers admitted to running through a red traffic light that they thought they could have safely stopped at. Despite these dangerous drivers, nearly 95 percent of people say that no driver should ever pass through a red traffic light.

Continue reading "Dangerous Drivers Pleading for Safer Roadways to Reduce Risks of Car Accident in New York and Elsewhere" »

The AAA Foundation for Traffic Safety reports that about 20 percent of all deadly car accidents in Manhattan and elsewhere involve an non-licensed driver. A new study was recently released, examining these dangerous drivers, sorted through information gathered from 2007 through 2009. Researchers predict that about 3 percent of all drivers likely didn't have a valid driver's license during this time.

Nearly 88 percent of drivers who were involved in a deadly car accident from 2007 to 2009 reportedly had a valid driver's license. Unfortunately, statistics reveal that more that about 18 percent of deadly accidents involved a driver who didn't have a valid driver's license. Of these accidents, more than 6.5 percent were driving with a revoked or suspended driver's license, 1.1 percent were driving with a canceled or an expired license and about 5 percent were completely unlicensed.

Our Manhattan car accident lawyers understand that more than 21,000 people died in these car accidents that involved improperly licensed drivers during this time. Experts report that there was an increasing trend in the number of improperly licensed drivers from 1990 to 2007, but reports indicated that from 2007 on, that pattern has begun to reverse. They're planning on studying future stats to see if this trend continues.

Some age groups are more likely than others to be improperly licensed drivers. Statistics revealed that drivers aged 21- to 34-years-old are most likely to be behind the wheel with a suspended or revoked driver's license. About half of all the people who were involved in accidents that were improperly licensed were in this age group.

To make matters even worse, in about half of the fatal accidents involving an improperly licensed driver during this timeframe, the driver had alcohol in their system. About 25 percent of these accidents involved an improperly licensed driver who was drunk behind the wheel.

A driver with an improper license or no license at all almost assuredly is also without insurance. That means you may have a leg up on the case if an unlicensed and uninsured driver stops after being involved in an accident, statistics show that nearly more than 51 percent of drivers who were improperly licensed fled the scene of the fatal traffic accident.

The bottom line in this study is that improperly licensed drivers are more likely to be involved in a deadly accident than drivers who obtain a valid driver's license.

Of the drivers involved in fatal car accidents from 2007 to 2009:

-There were more than 151,800 drivers involved in deadly accidents.

-Nearly 130,860 had valid driver's license.

-Nearly 9,400 had a revoked or suspended driver's license.

-More than 6,700 were completely unlicensed.

-Nearly 1,500 possessed a driver's licensed that had either been denied or canceled.

-The driver's license status or nearly 3,900 drivers was unknown.

Continue reading "Unlicensed Drivers Causing Alarming Number of Car Accidents in New York and Elsewhere, says AAA Report" »

Mathieu Lefevre, 30, died in a bicycling accident in Brooklyn back in October of 2011, according to New York News & Features. The accident happened at the intersection of Meserole Street and Morgan Avenue, when a crane truck was making a left-hand turn and turned right into the cyclist. Officers reported at the time that the driver of the crane truck probably didn't know he hit the bicyclist and that it was probably Lefevre's fault for running at red light.

The bicyclist's mother was infuriated at officers for releasing that information to the media. She was floored that her son was blamed in the accident and that officers never gave her the official documents from the accident. She filed a lawsuit against the New York Police Department (NYPD) and finally, after a long wait, received records from the accident. She says that the evidence doesn't support the "official" account of the crash.

Our Brooklyn bicycle accident attorneys understand that the official paper work and the videos of the accident showed that the bicyclist didn't run a red light and that the driver of the crane truck made that left-hand turn without signaling. After being hit by the truck, the bicyclist was dragged for about 40 feet and the bike was dragged another 130 feet.

"An investigator told me he saw the blood on the bumper that night, starting to run off in the rain," said Lefevre's attorney. "But they didn't take a picture" because the camera was "not working properly (black photos)."

After persistence from the victim's mother and from her legal representation, police reviewed video footage of the accident that was obtained from a CCTV video. This information was finally released under a Freedom of Information Act request. Before making this request, officers did not release the information because the investigation was still ongoing. After reviewing the new information, the victim's mother released a statement saying that the video showed that her son did not run the red light on his bicycle and that he was not at fault in the accident.

Unfortunately, police officers and government investigators don't always investigate accident scenes correctly. They can sometimes overlook or completely jumble evidence. If you've been involved in an accident, it is critical for you to contact and experienced attorney to help you to fight for your rights and to make sure that you have a voice. An experienced attorney can help you to conduct an independent investigation to help ensure that all of the proper and accurate evidence is in place when fighting the system.

The mother says that the NYPD has participated in a number of unprofessional aspects of the investigation. She added that officers with the department should take more responsibility in investigating accidents, especially when someone is killed. The driver of that crane truck has not been cited for running a light.

"NYPD should take its responsibility to investigate crashes more seriously," said Lefevre.

Continue reading "Brooklyn Bicycling Accident Evidence Allegedly Overlooked by Investigators" »

Our state has already been hit with some wicked winter weather, and more is expected. Unfortunately, with winter weather comes dangerous roadways and increased risks for car accidents in New York City and elsewhere throughout the state. According to the National Highway Traffic Safety Administration (NHTSA), drivers are urged to be prepared and cautious in such dangerous driving conditions and to get their vehicles checked before it's too late.

"It's not uncommon for families to travel long distances or through inclement weather to celebrate the holidays or visit with loved ones," said NHTSA Administrator David L. Strickland.

Our New York City car accident lawyers ask that drivers keep their vehicles properly maintained during the winter season and always drive safely and responsibly. A well-maintained vehicle will lessen your chances for an accident or a breakdown in the coldest of weather conditions. It's most important for drivers to curb the distractions and to keep full attention on the roadway, as well as to always buckle up. Seat belts can save lives in car accidents.

The NHTSA is here to offer some beneficial tips to help drivers throughout the state to make it to their destinations safely through the wicked winter weather.

Safe Winter Car Maintenance Tips:

-Have your car checked out by a mechanic to make sure that it's fit to handle the dangerous winter driving conditions. Make sure that there are no bad hoses, leaks or any other type of parts that need to be replaced or repaired.

-Take a look at your car's battery. When the temperature drops, so does the power of your battery. Make sure it has sufficient voltage.

-If you have an electric vehicle, make sure that the gas backup system is working well. It's a good idea to always keep fresh gas in the tank, too.

-Make sure that you have freeze-resistant coolant. When coolant freezes, it expands and could cause some severe damage to your engine block.

-Consider flushing your coolant system before the winter weather strikes.

Safe Winter Driving Tips:

-Slow it down. Remember that it's more difficult to stop on wet, icy and snowy roadways.

-Never tailgate. Tailgating reduces your ability to react to a potential roadway danger.

-If you feel uncomfortable driving in the current weather conditions, pull over in a safe area and wait it out.

-Always keep nonperishable foods, bottled water and a first-aid kit in your vehicle.

-Be cautious near bridges. Black ice commonly forms first in these areas.

-Give snowplows plenty of room.

-Leave with plenty of time to reach your destination to avoid rushing.

-Put away all of the distractions and keep your attention on the road.

-Slow down! Posted speed limits are for ideal weather conditions.

Be safe out there and keep your eyes on the road. Winter weather traffic accidents can be prevented with the proper safety precautions!

Continue reading "Winter Weather: A Continued Threat Causing Car Accidents in New York City" »

As we previously reported on our New York Injury Lawyer Blog, all drivers in the state of New York were banned from using any type of portable electronic device while operating a motor vehicle as of July 12th of 2011. Drivers who are caught by law enforcement breaking this law can get 3 points added to their driver's license and can potentially face a fine of nearly $200. This is considered to be a primary offense, which means an officer can pull you over for this dangerous behavior alone. There's no need to find additional violations to justify a traffic stop.

This type of law is exactly what the National Transportation Safety Board (NTSB) is trying to get all states to enact to make our roadways safer. The NTSB recently announced a nationwide proposal for an overall ban on portable electronic devices for all drivers. This dangerous habit is taking the lives of far too many people. In 2010, there were an estimated 3,100 people killed because of distracted-driving traffic accidents in the U.S.

Our New York car accident attorneys understand that a vital component of any type of law is enforcement. For this reason, the NTSB is also making a recommendation that in addition to banning portable electronic devices for drivers, that state governments also adopt high-visibility enforcement campaigns to supplement the new measures. Under the new proposed law, drivers would only be able to use a portable electronic device in the event of an emergency.

"This is a growing public safety threat that needs to be addressed by...every person who operates a motor vehicle on our nation's roadways," says Janet Froetscher of the National Safety Council (NSC).

The NSC recently announced its support for the NTSB and for the recent recommendations it made. The NSC recognizes that there are no safety benefits from allowing drivers to use hands-free devices behind the wheel because they still serve as cognitive distractions. Some argue that hands-free is in fact safer than hand-held, but previous studies have debunked that theory.

According to the NSC, there are more than a million accidents every year because of drivers on cell phones. These types of accidents account for about a quarter of all traffic crashes in the country. Because not all accidents caused by cell phones are actually attributed to the proper cause, officials believe that the actual number of distraction-related accidents involving cell phones is much higher.

Drivers in the state of New York are asked to be cautious and considerate behind the wheel. Even though driver distractions are prohibited by law in this state, the truth of the matter is that many drivers on our roadways still call and text while driving. Remember: no phone call or text message is worth losing a life. Drive safely and curb unnecessary distractions!

Continue reading "NSC Supports Recommendation to Help Reduce Risks of Distraction-Related Car Accidents in New York, Nation" »

Last month, an elevator accident in New York City at the Y&R agency took the life of a 41-year-old executive. According to the Los Angeles Times, reports of the fatal elevator accident state that investigators had pointed out "epidemic" problems with one of the elevator's lifts. Inspectors also reported that there were 11 violations written for 13 elevators at the building over the last month.

The fatal elevator accident happened in mid-December when the woman was boarding the elevator in a building off of Madison Avenue. Before she was able to get all the way into the elevator, it shot up and crushed her to death. Officials report that the elevator had been shut down so an investigation could be opened regarding malfunctions.

Our New York City elevator accident attorneys understand that 11 citations were written for a number of mechanical issues in this elevator, which could have caused the malfunctions that lead to the woman's death. These violations included problems with the elevator's cable, with the attachment of the clamps and with the materials used to hold the elevator's parts in place. All of these violations should have been addressed immediately after the violations were issued.

According to reports, the management team of that building says that the elevators were from Transel Elevator, which is the company currently being investigated for the mechanical problems. Just a few hours before the fatal New York elevator accident, workers with Transel reportedly performed electrical work on the elevator. Investigators have yet to conclude exactly why it malfunctioned.

Statistics conclude that there are roughly 120 billion elevator rides taken by residents in the country every year. According the U.S. United States Bureau of Labor Statistics, elevator accidents kill about 30 people and injure another 17,000 each year.

To help reduce the risks of these types of accidents, ALLSAFE Elevator Inspections is here to offer everyday riders with a few safety tips. Safe riding can help to greatly reduce your risks for injury while riding an elevator.

Elevator Safety Tips:

-Be careful when getting on and off an elevator. Watch your step for uneven floors.

-Stay cautious of closing doors. Stay away from moving doors.

-Never force people or items on to an elevator. If there's not enough room, do not take the elevator.

-Never use an elevator in the event of an emergency.

-Never try to escape a stopped elevator.

-Never force the elevator doors open or close.

-Watch your step when getting on and off the elevator.

-Stand aside for more boarding passengers.

-When exiting the elevator, move away from the doors to allow other behind you to exit safely.

-If the car is full, wait the next car.

-Hold the hands of small children while getting on, riding and getting off an elevator.

-Hold a handrail if there is one available.

-Pay attention to the floor indications.

Continue reading "Elevator Accident in New York City Rushes Rider to Death" »

The holidays are over and many families found that Santa left a little, furry puppy under their Christmas tree. With new canines in homes across the state, it's a good time to review some facts and safety tips about dog bite accidents in New York and elsewhere. According to the American Humane Association, there are almost 5 million dog bite accidents in the United States every year. Of these accidents, roughly 800,000 require professional medical attention.

Believe it or not, about a quarter of all dig bite accidents involve chained dogs. The sex of the dog also makes a significant difference in the risks of a dog bite incident. More than 90 percent of fatal dog bites involve male dogs. Of these male dogs, nearly 95 percent are not neutered.

Our New York dog bite accident attorneys understand that nearly 70 percent of all these incidents happen on the victim's property. Most victims of dog bites actually know the dog. So while you think you're safe around familiar dogs, it's important to remember that they can strike at any time. Of the injuries sustained in dog bite accidents, over 70 percent of them happen to a victim's extremities, including the hands, legs, feet and arms.

These accidents are quite costly, too! Every year, insurance companies hand out more than a billion dollars for these types of claims every year. There are tons more that are never make it to the insurance agencies too. So the yearly cost is actually estimated to be much higher.

Children are highly vulnerable to dog bite injuries. Our young ones may not fully understand how to safely interact with them. For this reason, they're unable to identify a dog's agitated mood.

Dog Bites and Children:

-About half of all dog bite incidents involved people under the age of 12.

-About half of all dog bite incidents involved people under the age of 10.

-Dog bite rates are significantly higher among children ages 5- to 9-years-old.

-More than 80 percent of dig bite accidents that are treated in emergency rooms involve children who are under the age of 15.

-Nearly 70 percent of the dog bites that occur to children happen to the neck and head.

-Boy children are more likely to be bitten by a dog than girl children.

It's important to teach children how to act with dogs. It's also advised that you never leave a child alone with a dog. Everyone is urged to let a dog be when it's eating or caring for pups. You never want to approach a dog that you don't know. Lastly, if you come across a dog that is unsupervised and unfamiliar, contact the local police or animal control.

Continue reading "Puppies from Santa Increasing Risks for Dog Bite Accidents in New York and Elsewhere" »